The URL can be used to link to this page

CC SR 20230516 F - Silver Spur North of Hawthorne Construction CITY COUNCIL MEETING DATE: 05/16/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve the construction plans and agreement for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project. RECOMMENDED COUNCIL ACTION: (1) Approve the plans, specifications, and construction documents for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project; (2) Award a construction contract for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project to Hardy & Harper, Inc., in the amount of $859,000, with a contingency of 10%, or $85,900, for a total sum of $944,900; and, (3) Authorize the Mayor and City Clerk to execute the contract, in a form approved by the City Attorney. FISCAL IMPACT: The recommendations will result in a fiscal impact of up to $944,900 (contingency included) for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project which is included in the FY 2022-23 budget as a capital improvement project. Amount Budgeted: $1,815,000 Additional Appropriation: None Account Number(s): 333-400-8843-XXXX ($1,672,000) (APRA-Various Accounts) 330-400-8843-XXXX ($143,000) (CIP Fund – XXXX Various Accounts) ORIGINATED BY: Ramzi Awwad, Public Works Director REVIEWED BY: Same as above APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Construction Contract with Hardy & Harper, Inc. for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project (page A-1) B. Plans, Specifications, and Construction Documents for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project (page B-1) C. CIP Sheet for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project (page C-1) 1 CITYO RANCHO PALOS VERDES BACKGROUND: The City’s updated Roadway Asset Management Program (RAMP) as received and filed by the City Council on April 4, 2023, evaluates the pavement condition of the City’s roadways, identifies maintenance or rehabilitation needs, and prioritizes them City -wide in a targeted condition-based manner. Silver Spur Road north of Hawthorne Boulevard was identified in the RAMP to be rehabilitated during FY 2022 -23 due to an average condition rating of “Fair” with minimal cracking and limited base material damage under the pavement at certain locations. The proposed project utilizes an improvement strategy that generally includes milling the top layer of the existing pavement and replacing it with an asphalt rubber hot mix pavement overlay. In addition to rehabilitation of the roadway’s pavement section, the RAMP takes an overall roadway management approach to street improvements. As a result, the proposed project scope also includes repair or replacement of damaged sidewalk and curb and gutter, replacement of street signs and striping as needed, and upgrading of certain curb ramps to be in compliance with the current accessibility codes. The project was approved as part of FY 2022-23 Capital Improvement Program (CIP) budget (Attachment C). DISCUSSION: On April 3, 2023, the City issued a Notice Inviting Bids (Attachment B), on the PlanetBids platform, for a price to construct the project. Four bids were received by the deadline of April 27, 2023, as shown in Table 1 below. Table 1: Silver Spur Rd North of Hawthorne Blvd Roadway Rehabilitation Bid Results Bidder Bid Amount Hardy & Harper, Inc. $859,000 All American Asphalt $923,105 Excel Paving $958,430 Sully Miller Contracting Company $1,020,353 The lowest responsible and responsive bidder was Hardy & Harper, Inc. (Hardy & Harper) with a bid in the amount of $859,000. The City evaluated the bid and found Hardy & Harper to be a qualified firm. Table 2 shows a budget summary of the project. 2 Table 2: Silver Spur Rd North of Hawthorne Blvd Roadway Rehabilitation Budget Summary Staff have been coordinating with the Palos Verdes Peninsula High School (PVPHS) administration throughout the development of the project with the goal of minimizing impacts to school operations during construction. Although summer school would have been held at PVPHS this year, it was moved to Palos Verdes High School to accommodate the Project. Sports activities will continue this summer, however, they will be limited only to practices and no sports events will be held. Accordingly, Staff and PVPHS administration jointly identified the window of June 19, 2023 through July 16, 2023 as the time during which construction would cause the least impact to vehicular and pedestrian traffic going to PVPHS (although work north of the sports fields could begin earlier than June 19). As a result, the construction contract includes liquidated damages of $5,000 per day for any contractor delay beyond July 16. ADDITIONAL INFORMATION: On November 11, 2021, the City Council approved a Memorandum of Understanding (MOU) to partner with the City of Rolling Hills Estates on a project to rehabilitate Silver Spur Road south of Hawthorne Boulevard to Crenshaw Boulevard. Consideration was given to constructing both Silver Spur Road rehabilitation projects at the same time under one contract to benefit from economies of scale. However, it was impractical to do so because of the unique timing needs for each project- Silver Spur Road Boulevard north of Hawthorne Boulevard working around school schedules, and Silver Spur Road south of Hawthorne Boulevard working around peak shopping times at Peninsula Shopping Center. Construction on Silver Spur south of Hawthorne Boulevard started in October 2022 and after several rain delays, the project reached substantial completion in April 2023. Some restoration and punch-list work will continue through May until final completion is reached. Fund Budget Notes 220 115,096.00 FY21-22 333 1,672,000.00 FY22-23 Additional Appropriation 330 143,000.00 FY22-23 Revised Budget 1,930,096.00 Fund Project Budget Project-to-Date Actuals Project-to-Date Committed Project Remaining Balance 8001 Professional/Technical Services 220 25,819.15 25,819.15 - - Measure R 8801 Infrastructures 220 89,276.85 7,708.85 81,568.00 - Measure R 8001 Professional/Technical Services 333 96,000.00 9,067.50 50,932.50 36,000.00 ARPA 8005 Engineering Design Services 333 84,000.00 - - 84,000.00 ARPA 8006 Inspection 333 120,000.00 - - 120,000.00 ARPA 8802 Other Improvements 333 1,372,000.00 - - 1,372,000.00 ARPA 8802 Other Improvements 330 143,000.00 - - 143,000.00 CIP Fund Project Total 1,930,096.00$ 42,595.50$ 132,500.50$ 1,612,000.00$ 8843 - Arterial Roadway Rehabilitation Silver Spur Road (North of Hawthorne Boulevard) Project Costs Summary Project Budget Summary Description Original Budget Additional Appropriation 3 ~ + + + ~ ~ CONCLUSION Staff recommends that the City Council award a construction contract (Attachment A) in the amount of $859,000 with a contingency of 10%, or $85,900, to Hardy & Harper for the Silver Spur Road North of Hawthorne Boulevard Roadway Rehabilitation Project. ALTERNATIVES: In addition to Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Do not award the contract and direct Staff to re-solicit construction bids. 2. Take other action, as deemed appropriate. 4 01203.0006/888767.1 PUBLIC WORKS AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and HARDY & HARPER, INC. A-1 -1- 01203.0006/888767.1 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND HARDY & HARPER, INC. THIS AGREEMENT FOR PUBLIC WORKS SERVICES (“Agreement”) is made and entered into on May 16, 2023 by and between the City of Rancho Palos Verdes, a California municipal corporation (“City”) and Hardy & Harper, Inc., a California corporation, (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest A-2 -2- 01203.0006/888767.1 professional standards” shall mean those standards of practice recognized by one or more first - class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled STREET REHABILITATION ON SILVER SPUR ROAD NORTH OF HAWTHORNE BOULEVARD, PROJECT NO. 8843, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep A-3 -3- 01203.0006/888767.1 accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “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.” Contractor’s Authorized Initials ________ A-4 -4- 01203.0006/888767.1 (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. (a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. A-5 -5- 01203.0006/888767.1 (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests betw een the contracting parties. (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement A-6 -6- 01203.0006/888767.1 and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. A-7 -7- 01203.0006/888767.1 (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $859,000 (Eight Hundred Fifty Nine Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. A-8 -8- 01203.0006/888767.1 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. A-9 -9- 01203.0006/888767.1 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). A-10 -10- 01203.0006/888767.1 ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: ________________________ ________________________ (Name) (Title) ________________________ ________________________ (Name) (Title) ________________________ ________________________ (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be Ramzi Awwad, Public Works Director, or such person as may be designated by the Public Works Director. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the A-11 -11- 01203.0006/888767.1 performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A-12 -12- 01203.0006/888767.1 (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Additional Insurance as referenced in Section 5.2(a) below shall provide coverage for both ongoing and completed operations, and shall provide for both a defense and indemnity of the City. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than five (5) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or poli cies shall include the following terms and conditions: • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. (f) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form, or other form acceptable to the City, providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. A-13 -13- 01203.0006/888767.1 (g) Builder’s risk insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. (h) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. City shall be an additional insured on all subcontractor polices pursuant to this Section 5.1 and Section 5.2 below. (i) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide additional insured endorsements to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Certificates of Insurance will not be acceptable. Endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current Endorsements and Declarations pages shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. In the event the City makes such a request, A-14 -14- 01203.0006/888767.1 Contractor shall immediately provide the requested policies and provide any such Privacy Act release required by the City to Contractor’s insurers relative to policy information. (b) Duration of coverage. Unless a longer or shorter term is specified herein with respect to a specific type of insurance, Contractor shall procure and maintain for the duration of this Agreement all of the insurance required by this Agreement.. (c) Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. (d) Primary/noncontributing. For insurance required by Section 5.1(a) and (b) coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall comply with the Proof of Insurance requirements of paragraph 5.2(a), and must contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (e) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (g) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. A-15 -15- 01203.0006/888767.1 (h) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (i) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limi tation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (j) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. Commercial General Liability and Automobile policies shall contain a severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these A-16 -16- 01203.0006/888767.1 specifications unless approved by City. Contractor shall be responsible for immediately satisfying any deductible, retained limit or self-insured retention in order for the City to be afforded an immediate defense. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City’s failure to promptly tender defense directly to any insurer shall not be considered “voluntary” within the meaning of any insurer’s “voluntary payments” clause or similar provision. No defense costs or indemnity obligation incurred by the City in any matter arising from or related to Contractor’s acts or omissions in the performance of this Agreement shall be considered “voluntary.” (q) Additional kinds of insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will upon tender of defense by the City, immediately defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith. Contractor expressly waives any contention that an immediate defense obligation does not arise pursuant to any provision of the California Civil Code and/or Crawford v. Weathershield (2008) 44 Cal.4th 541, or its progeny. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other A-17 -17- 01203.0006/888767.1 claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate the provisions of this Section 5.3 in all indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or will ful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor A-18 -18- 01203.0006/888767.1 promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract A-19 -19- 01203.0006/888767.1 Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. A-20 -20- 01203.0006/888767.1 6.4 Confidentiality and Release of Information. (a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to A-21 -21- 01203.0006/888767.1 Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. A-22 -22- 01203.0006/888767.1 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable, in addition to any liquidated damages pursuant to paragraph 5.2(b) above, for and shall pay to the City the sum of $5,000 (Five Thousand Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon fourteen (14) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated A-23 -23- 01203.0006/888767.1 termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not suc h action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. A-24 -24- 01203.0006/888767.1 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segr egation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and in the case of the Contractor, to the person at the address designated on the execution page of this A-25 -25- 01203.0006/888767.1 Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party A-26 -26- 01203.0006/888767.1 including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] A-27 -27- 01203.0006/888767.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ Barbara Ferraro , Mayor ATTEST: Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CONTRACTOR: HARDY & HARPER, Inc., a California corporation By: _______________________________ Name: Daniel Thomas Maas Title: Chief Executive Officer By: _______________________________ Name: Kristen S. Paulino Title: Secretary Address: 32 Rancho Circle Lake Forest, CA 92630 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. A-28 01203.0006/888767.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to th e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. A-29 □ □ □ □ □ □ □ □ □ 01203.0006/888767.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. A-30 □ □ □ □ □ □ □ □ □ 01203.0006/888767.1 A-1 EXHIBIT “A” SCOPE OF WORK I. Contractor shall perform all of the work in compliance with the construction documents including, but not limited to the plans, specifications, “General Provisions”, “Special Provisions”, bid documents, and all references for the project entitled STREET REHABILITATION ON SILVER SPUR ROAD NORTH OF HAWTHORNE BOULEVARD, PROJECT NO. 8843, including any documents or exhibits referenced therein. II. Brief description of the work to be performed: In general, the work comprises without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary for removal and replacement of AC pavement, curb ramp reconstruction, removal and replacement of PCC sidewalk, signing and striping and all items not mentioned here but indicated in the construction documents. III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports: A. Daily reports of all work performed; labor, equipment, and materials, used; and site conditions. IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. Traffic control plans shall be prepared and submitted as part of the contractor submittal for the various phases of the project. A-31 01203.0006/888767.1 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) [INTENTIONALLY LEFT BLANK] A-32 01203.0006/888767.1 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below: ITEM NO. DESCRIPTION ESTIMATE D QUANTITY UNIT PRICE UNIT EXTENDED AMOUNT 1. Traffic Control 1 LS $132,927.00 $132,927.00 2. Remove and Construct 4-Inch Thick PCC Sidewalk. 860 SF $15.00 $12,900.00 3. Remove and Construct Sidewalk with Deep Footing per Detail 6,420 SF $22.5 $144,450.00 4. Remove and Construct Curb Ramp Per SPPWC Std Plan No. 111-5, Case and Type per plan 5 EA $8,060.00 $40,300.00 5. Remove and Construct Curb and Gutter per SPPWC Std Plan Type A2-8, or to match existing. See Detail "A" on sheet 2. 10 LF $116.00 $1,160.00 6. Cold Mill Existing Asphalt Concrete Pavement 2-Inch Uniform Depth. 176,000 SF $0.42 $73,920.00 7. Remove and Construct Asphalt Concrete Pavement 320 TN $319.00 $102,080.00 8. Construct Asphalt Rubber Hot Mix (ARHM) Overlay 2,130 TN $143.00 $304,590.00 9. Signing and Striping 1 LS $29,960.00 $29,960.00 10. Loop Detectors 21 EA $353.00 $7,413.00 11. Pothole Culvert on Silver Spur Dr at Basswood Ave 2 EA $4,650.00 $9,300.00 TOTAL FOR BID SCHEDULE $859,000.00 A-33 01203.0006/888767.1 C-2 II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed the Contract Sum provided in Section 2.1 of this Agreement. A-34 01203.0006/888767.1 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Contractor shall perform all work within 24 working days starting on the Notice to Proceed date. Prior to the Notice to Proceed, the Contractor must submit a project schedule for approval. II. Short summary of the work: In general, the work comprises without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary for removal and replacement of AC pavement, curb ramp reconstruction, removal and replacement of PCC sidewalk, signing and striping and all items not mentioned here but indicated in the construction documents. III. Contractor shall deliver the following tangible work products to the City by the following dates. A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. B. Certified payroll will be delivered to the City biweekly. Certified payroll must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. IV. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. A-35 01203.0006/888767.1 D-1 PERFORMANCE BOND WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to Hardy & Harper, Inc. , a California corporation, as Contractor (“Principal”), a Contract for the work entitled and described as follows: STREET REHABILITATION ON SILVER SPUR ROAD NORTH OF HAWTHORNE BOULEVARD, PROJECT NO. 8843; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of $859,000.00 (Eight Hundred Fifty Nine Thousand Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. Executed on 20___. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) A-36 01203.0006/888767.1 D-2 Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. A-37 01203.0006/888767.1 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to Hardy & Harper, Inc., a California corporation, as Contractor (“Principal”), a Contract for the work entitled and described as follows: STREET REHABILITATION ON SILVER SPUR ROAD NORTH OF HAWTHORNE BOULEVARD, PROJECT NO. 8843; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of $859,000.00 (Eight Hundred Fifty Nine Thousand Dollars), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. A-38 01203.0006/888767.1 Executed on , 20____. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. A-39 01203.0006/888767.1 WORKERS COMPENSATION INSURANCE CERTIFICATE Description of Contract: City of Rancho Palos Verdes Project: STREET REHABILITATION ON SILVER SPUR ROAD NORTH OF HAWTHORNE BOULEVARD, PROJECT NO. 8843 Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner. The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy. POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Workers' Compensation: Statutory Limits Under the Laws of the State of California Employers' Liability: $_________________ Each Accident $_________________ Disease - Policy Limit $_________________ Disease - Each Employee Named Insured (Contractor) Insurance Company Street Number Street Number City and State City and State By (Company Representative) (SEE NOTICE ON NEXT PAGE) A-40 01203.0006/888767.1 Insurance Company Agent for Service of Process in California: Name Agency Street Number City and State Telephone Number This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein. This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy. NOTICE: No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company. A-41 01203.0006/888767.1 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard A-42 01203.0006/888767.1 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) A-43 01203.0006/888767.1 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-44 01203.0006/888767.1 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subj ect to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard A-45 01203.0006/888767.1 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) A-46 01203.0006/888767.1 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-47 01203.0006/888767.1 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, fr om all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. A-48 01203.0006/888767.1 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . A-49 01203.0006/888767.1 (signatures on following page) I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-50 4/01/202304-03-2023B-1GENERAL NOTES: 1. ALL WORK SHALL CONFORM TO THE AMERICAN PUBLIC WORKS ASSOCIATION ''GREEN BOOK" STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION, INCLUDING SUPPLEMENTS. 2. WORK IN PUBLIC STREETS, ONCE BEGUN, SHALL BE COMPLETED WITHOUT DELAY SO AS TO PROVIDE MINIMUM INCONVENIENCE TO ADJACENT PROPERTY OWNERS AND TO THE TRAVELING PUBLIC. 3. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO APPLY TO THE CITY, PRIOR TO CONSTRUCTION FOR AN ENCROACHMENT PERMIT FOR ALL WORK WITHIN THE PUBLIC RIGHT-OF-WAY. 4. NO TRENCHES MAY BE LEFT OPEN OVERNIGHT UNLESS APPROVED BY THE CITY. 5. WORK HOURS, INCLUDING SET-UP AND TAKE-DOWN OF TRAFFIC CONTROL, SHALL BE LIMITED TO 9: ODAM TO 4: OOPM ON ARTERIAL AND COLLECTOR STREETS, AND 8: ODAM TO 5:00PM ON LOCAL AND RESIDENTIAL STREETS, MONDAY THRU FRIDAY. NO WORK SHALL BE ALLOWED ON FEDERAL, STATE, OR CITY HOLIDAYS. 6. THE CONTRACTOR SHALL BE RESPONSIBLE DURING ALL PHASES OF THE WORK TO PROVIDE PUBLIC SAFETY AND CONVENIENCE. THE CONTRACTOR SHALL ESTABLISH ADEQUATE ACCESS TO DRIVEWAYS AT THE END OF EACH WORKING DAY TO THE SATISFACTION OF THE CITY. 7. ALL SIDEWALK AND CURB AND GUTTER DEMOLITION SHALL BEGIN AND END AT THE CONSTRUCTION JOINT NEAREST TO THE DEPICTED DEMOLITION EXTENTS WITH A NEAT SAWCUT LINE TO FULL DEPTH OF PAVEMENT SECTION. 8. RECORD DRAWINGS OF THE COMPLETED PROJECT SHALL BE SUBMITTED FOR APPROVAL BY THE CITY ENGINEER. 9. CONTRACTOR SHALL NOTIFY ALL AFFECTED BUSINESSES AND RESIDENTS IN WRITING AT LEAST THREE (3) WORKING DAYS BEFORE THE START OF ANY CONSTRUCTION AS SPECIFIED. 10. CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT (DIG ALERT) AT 811 TWO (2) FULL WORKING DAYS PRIOR TO START OF WORK. CONTRACTOR MUST OBTAIN AND MAINTAIN VALID DIG ALERT REFERENCE NUMBER THROUGH THE DURATION OF THE PROJECT AS NECESSARY FOR CONSTRUCTION. CONTRACTOR SHALL IDENTIFY AND PROTECT ALL UTILITIES IN THE WORK SITE AREA. 11. THE CONTRACTOR SHALL PROVIDE ADA COMPLIANT ACCESS THROUGH OR AROUND THE SITE AT ALL TIMES AND SHALL ENSURE THE SAFETY OF ALL THOSE PASSING THROUGH OR ADJACENT TO THE SITE. COST SHALL BE CONSIDERED INCIDENTAL TO THE WORK AND NO SEPARATE PAYMENT SHALL BE MADE. 12. IF FIELD CONDITIONS VARY FROM THOSE SHOWN ON THE PLANS AND SPECIFICATIONS, CONTRACTOR TO STOP WORK AND NOTIFY ENGINEER IMMEDIATELY UTILITY NOTES: 1. THE LOCATION OF ALL EXISTING UTILITIES SHOWN ON THESE PLANS ARE FROM BEST AVAILABLE RECORDS AND SHALL BE CONSIDERED TO BE APPROXIMATE. WHEN CONSTRUCTION ACTIVITY REACHES IN PROXIMITY TO EXISTING UTILITIES, THE TRENCH(ES) SHALL BE OPENED A SUFFICIENT DISTANCE AHEAD OF THE WORK OR TEST PITS SHALL BE MADE TO VERIFY THE EXACT LOCATION AND INVERTS OF THE UTILITY TO ALLOW FOR POSSIBLE CHANGES IN THE LINE OR GRADE AS DIRECTED BY OFFICER. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO THE EXISTING UTILITIES AND THE RELATED STRUCTURES. ALL EXISTING UTILITY SYSTEMS SHALL BE PROTECTED TO PREVENT DAMAGE DURING THE CONTRACTOR'S OPERATIONS. ANY SYSTEM DAMAGED SHALL BE PROMPTLY REPAIRED AT NO COST TO THE OWNER. 2. THE CONTRACTOR SHALL RELOCATE/ADJUST EXISTING MANHOLES, COVERS, UTILITY BOXES, VALVES, VAULTS, AND OTHER APPURTENANCES TO GRADE AND THE COSTS ARE TO BE INCLUDED IN THE VARIOUS BID ITEMS AND NO ADDITIONAL COMPENSATION WILL BE ALLOWED. 3. UNLESS OTHERWISE DIRECTED, CONTRACTORS ARE EXPRESSLY PROHIBITED FROM OPERATING ANY WATER VALVES OR APPURTENANCES. CONTRACTORS SHALL SUBMIT ALL REQUESTS FOR VALVE OPERATIONS TO THE PROJECT OFFICER AT LEAST 1 WEEK IN ADVANCE OF THE REQUIRED OPERATION. 4. IN THE EVENT OF A WATER OR SEWER EMERGENCY, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY CALWATER AT (310) 257-1400 AND THE PROJECT MANAGER. PROTECTION OF WORK AREA: 1. THE CONTRACTOR SHALL BEAR SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION FOR THE PROJECT, INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. THE CONTRACTOR SHALL HOLD THE CITY AND ENGINEER HARMLESS AS A RESULT OF ANY CLAIMS ARISING FROM ACTIONS ENROUTE TO OR AWAY FROM THE SITE. 2. THE CONTRACTOR SHALL PROTECT ALL PUBLIC AND PRIVATE PROPERTY ON THE WORK AREA AND SHALL RESTORE OR REPLACE ANY DAMAGE IN KIND AT NO ADDITIONAL COST. I STREET REHABILITATION ON SIL VER SPUR RD NORTH OF HAWTHORNE BLVD PROJECT NO. 8843 SHEET NO. DESCRIPTION TITLE SHEET TYPICAL SECTIONS AND MISCELLANEOUS DETAILS LEGEND: lj ·· ·1 ·>1 [0/,,01 ~ffi---OH E---E----G-----SS-----SD-------,cA TV----T ----w----HPG--PCC IMPROVEMENT 2" UNIFORM COLDMILL 2" AHRM OVERLAY REMOVE AC, AB, AND SUBGRADE. CONSTRUCT 7-INCH AC OVER 95% R.C. NATIVE SLOT PAVING PER DETAIL ON SHEET 2 NATIVE SOIL OVERHEAD ELECTRICAL ELECTRICAL GAS SEWER STORM DRAIN CABLE TELEVISION TELEPHONE WATER HIGH PRESSURE GAS PROPOSED IMPROVIEMENT RIGHT OF WAY CITY LIMITS SHEET NO.1 SHEET NO. 2 SHEET NO. 3 STREET IMPROVEMENTS ON SILVER SPUR RD N/O HAWTHORNE BLVD FROM HAWTHORNE BLVD TO 27+75 SHEET NO. 4 STREET IMPROVEMENTS ON SILVER SPUR RD N/O HAWTHORNE BLVD FROM STA. 27+75 TO STA. 43+19 SHEET NO. 5 SHEET NO. 6 SIGNING, STRIPING, AND LOOP REPLACEMENT PLAN ON SILVER SPUR RD N/O HAWTHORNE BLVD FROM STA. 10+00 TO 27+75 SIGNING, STRIPING, AND LOOP REPLACEMENT PLAN ON SILVER SPUR RD N/O HAWTHORNE BLVD FROM STA. 27+75 TO STA. 43+19 SURVEY NOTES 1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LAYING OUT THE WORK AND SHALL RETAIN A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF CALIFORNIA TO PROVIDE ALL NECESSARY CONSTRUCTION LAYOUTS AND ESTABLISH ALL CONTROL LINES, GRADES, AND ELEVATION DURING CONSTRUCTION. THE CONTRACTOR SHALL SUBMIT A COPY OF ALL CUT SHEETS FOR REVIEW.PER THE SPECIFICATIONS. THE COST OF ALL NECESSARY SURVEYING SERVICES SHALL BE CONSIDERED INCIDENTAL TO THE WORK AND, UNLESS OTHERWISE SPECIFIED, THE COST SHALL BE INCORPORATED INTO THE COSTS FOR RELEVANT ITEMS. 2. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO TIE OUT AND REPLACE ALL DISTURBED CENTERLINE MONUMENTS AND ALL OTHER MONUMENTS AND DISTURBED BENCHMARKS. UTILITY CONTACTS: CITY OF RANCHO PALOS VERDES PROJECT MANAGER SOUTHERN CALIFORNIA EDISON CO. SOUTHERN CALIFORNIA GAS CO. VERIZON CALIFORNIA WATER SERVICE CO. COX COMMUNICATIONS COUNTY OF LOS ANGELES, DEPT. OF PUBLIC WORKS (STORM DRAIN) COUNTY OF LOS ANGELES, DEPT. OF PUBLIC WORKS (SEWER) SANITATION DISTRICT OF LOS ANGELES COUNTY USA (310) 544-5252 (310) 783-1156 (310) 687-2020 (310) 793-4159 (310) 541-2438 (310) 551-5020 EXT. 30 (626) 458-3109 (626) 458-4357 (562) 699-7411 EXT. 1205 (800) 227-2600 VICINITY MAP N.T.S. TRAFFIC NOTES: 1. THE CONTRACTOR SHALL PROVIDE A TRAFFIC CONTROL PLAN FOR THE COMPLETION OF THE PROPOSED IMPROVEMENTS PER THE CURRENT CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD) FOR THE SATISFACTION OF THE CITY. ALL WORK ACTIVITIES SHALL CONFORM TO THE CA MUTCD. 2. THE CONTRACTOR SHALL PROVIDE A 72-HOUR NOTIFICATION TO THE AFFECTED PROPERTIES. POLICE DEPARTMENT, FIRE DEPARTMENT PRIOR TO THE IMPLEMENTATION OF/OR CHANGE IN TRAFFIC CONTROLS. 3. THE CONTRACTOR SHALL SUBMIT ANY REQUESTS FOR TEMPORARY "NO PARKING" RESTRICTIONS TO THE PROJECT OFFICE AT LEAST 3 WORKING DAYS PRIOR TO THE DESIRED ONSET OF RESTRICTIONS. PRIOR TO A REQUEST FOR THE REMOVAL OF ACCESS TO ANY ADA PARKING SPACE THE CONTRACTOR MUST HAVE MADE PROVISION FOR ALTERNATIVE ADA PARKING AS INDICATED ON THE APPROVIED PLAN OR AS DIRECTED BY THE PROJECT OFFICER. 4. THE CONTRACTOR SHALL PRESERVE ALL BUS STOPS, INCLUDING MAINTAINING ADEQUATE ACCESSIBILITY THROUGH AND ADJACENT TO THE CONSTRUCTION FOR BUSES AND THEIR PASSENGERS. THE CONTRACTOR SHALL NOT CLOSE, RELOCATE, OR OTHERWISE MODIFY A BUS STOP WITHOUT PRIOR REQUEST OF THE PROJECT OFFICER. ANY RELOCATION OR CLOSURE OF A BUS STOP SHALL REQUIRE AT LEAST FOUR WEEKS ADVANCE NOTICE FOR COORDINATION WITH: PALOS VERDES PENINSULA TRANSIT AUTHORITY AT 310.544.7108; LA METRO AT 800-464-2111. ABBREVIATIONS: AB AGGREGATE BASE INV INVERT TG TOP OF GRATE AC ASPHALT CONCRETE L LENGTH TOP TOP OF PLATFORM AP ANGLE POINT LF LINEAR FEET TR TOP OF RAIL AV AIR VAC LIP LIP OF GUTTER TW TOP OF WALL BC BEGIN CURVE LT LEFT TX TOP OF X BCR BEGIN CURB RETURN MAX MAXIMUM TYP TYPICAL BEG. BEGIN MH MANHOLE V DEPTH BO BLOWOFF MIN MINIMUM VAR VARIES BVC BEGIN VIERTICAL CURVE N NORTH VCP VITRIFIED CLAY PIPE BW BACK OF WALK N'LY NORTHERLY w WIDTH, WEST BX BOTTOM OF X NO NUMBER WM WATER METER C&G CURB AND GUTTER NTS NOT TO SCALE CAB CRUSHED AGGREGATE BASE oc ON CENTER CB CATCH BASIN OH OVERHEAD ~/CL CENTERLINE Pl POINT OF INTERSECTION CF CURB FACE PCC PORTILAND CEMENT CONCRETE CIR COLD IN-PLACE RECYCLE PG&E PACIFIC GAS AND ELECTRIC CLF CHAIN LINK FENCE PMB PROCESSED MISCELLANEOUS BASE CLR CLEAR POC POINT OF CONNECTION CONC CONCRETE pp POWER POLE CONST CONSTRUCTION PRC POINT OF REVERSE CURVE CPC CALIFORNIA PLUMBING CODE PROP PROPOSED DI DUCTILE IRON PRVC POINT OF REVIERSE VERTICAL CURVE DWY DRIVEWAY PT POINT DWG DRAWING PVC POLYVINYL CHLORIDE E EAST PVMT PAVEMENT EC END CURVE R RA TE, RADIUS ECR END CURB RETURN R.C. RELATIVE COMPACTION EG EDGE OF GUTTER RCP REINFORCED CONCRETE PIPE ELEV ELEVATION REQ'D REQUIRED EOP/EP EDGE OF PAVEMENT RSP ROCK SLOPE PROTECTION EVC END VERTICAL CURVE RT RIGHT EX/EXIST EXISTING R/W RIGHT-OF-WAY FDR FULL DEPTH RECLAMATION s SLOPE FG FINISHED GRADE S'LY SOUTHERLY FH FIRE HYDRANT SCE SOUTHERN CALIFORNIA EDISON FL FLOWLINE SCH SCHEDULE FS FINISHED SURFACE SDMH STORM DRAIN MANHOLE GI GALVANIZED IRON SDWK SIDEWALK GL GUTTER LIP ST STREET GB GRADE BREAK STA STATION HDPE HIGH-DENSITY POLYETHYLENE STD STANDARD HMA HOT MIX ASPHALT ST.GR. STRAIGHT GRADE HTF HIGH TENSILE FIBER TC TOP OF CURB INT INTERSECTION TELE TELEPHONE ., -D D "' "' " w __J f--fj' __J ()._ / "' C D ()._ I -D "' / w ,"11 (/) ()._ I D D "' -:;; D .c ., "' '-., > iii 5'. "' "' LO N -"' 3. THE CONTRACTOR SHALL PROTECT AND REPLACE ALL DISTURBED CENTERLINE SURVEY MONUMENTS AND CENTERLINE TIES AS SPECIFIED AND AT NO ADDITIONAL COST TO THE CITY. ~--------------~--------------------------------10 PLANS PREPARED BY: f<,'v ?.;,.llo"'.'.'.FE_ss,,oN,..,( ww1 LL DAN ,.,,., ,.y,,tw ~-c '1< t; ~,.. \. % Engineering extending your reach ADT: 8,326 (2019 E&T) STREET CLASSIFICATION: MINOR ARTERIAL POSTED SPEED: 40 MPH APPROVED BY REVISIONS NO. DESCRIPTION APP. DATE CITY OF RANCHO PALOS VERDES D ()._ D .c >---+----------1-----+---+---------------------------------IU TITLE SHEET STREET REHABILITATION ON C D "' '€ I w ~ =i:' DI ~ILn ET : 9ff93 '(:\ 13191 CROSSROADS PARKWAY NORTI-i I SUITE 405 INDUSlRY, CA 91746-3497 I • it " ~ * (562J soe-a200 SILVER SPUR RD N/O HAWTHORNE BLVD .c -D DIAL/LOG-ON 2 WORKING D~ ()._ BEFORE YOU DIG BEFORE YOU DI www.digalert.org DIAL: 811 1¥/( 1,;.I.'< UNDER niE SUPERI/ISION OF >-'5',> fNG -;#... If; II .A).,/.,-I/ I DRAWN BY : AG, MC CITY PROJECT NO. '-Knowwhat's below. "''tOFcALf fft:L (~ /l'/J. ~ DESIGNED BY : AG, MC SHT. 1 OF 6 SHTS 8843 -§ A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT C II b ' d' ., L~~~~~~~~~~~~~i...._::a::.:::••:,o•:•!:yo::",:';::9· ____________________________________________________ J__:M:A.:_TT::;H:::,Ew::_::A::_::c:,::R1:M _ _;R,::c:.::E..:9:.:4:::,39:::3:...__;D::;:A:_:T::_E __ L.:.RA:M:z::,:,A:::-:::Ao:,P:.::u:"L:::'c:.:w:o:::RK:s,::o::.;:,RE~c:,::ro:R~--.::oA::,:T:_E_L...l _________ L_J.._.l..E!;!~:EL]r..;...~---...l---------....l---__:_.:.__:_ ___ ....J '-. ~~~~=~ 5 4/01/202304-03-2023B-2W. R/W 80' E. R/W --PCC CURB AND GUTTER, CROSS GUTTER, OR RAMP TO BE REMOVED AND RECONSTRUCTED --2" ARHM PAVEMENT OVERLAY ,,---UNIFORM TACK COAT --REMOVE AND CONSTRUCT 9" HMA 8'-10' W. R/W 10' -CD OR p EXIST SIDEWALK PROTECT TS POLE 2% MAX 2% MAX 0 OR p EXIST CURB \::V & GUTTER 8.33% =2%~· ~ MAX MAX , TC EXIST EG VAR VAR 60'-62' ~ OF STREET VAR VAR EXIST EG i-------16 8 J-------i i-------16 8 J-------i TC EXIST EG PER PLAN AND AS MARKED BY THE ENGINEER IN THE FIELD f--::::, fi <( cn VAR 2'-12' r-®--1 TYPICAL SECTION STA 13+62 TO 37+34 NTS 28' PER PLAN AND AS MARKED BY THE ENGINEER IN THE FIELD f--::::, fi <( cn 80' 60' ~ OF STREET 7l .Jm=n~ ----PER PLAN AND AS MARKED BY THE ENGINEER IN THE FIELD f--::::, fi <( cn 28' f--::::, fi <( en PER PLAN AND AS MARKED BY THE ENGINEER IN THE FIELD f--::::, ~ en f--::::, fi <( en EXIST EG TC TC L 11 1 ~Bs Is 11-11 ~111 111=111:=J ud--11 ,l.,.,illl~ -= ~IEiJJ.~T~l 1 1TgffllTffl'rr1m1 _J ~I I 1=111==1 I l=I JSJ.I~ LI="' ui:,.u. =-IEUl~fil~ l;;:I JE=.I[i'::'::r_. · '"" 1.E:ill. Ii:!;! / <C / a I £ I en cn <C a, TYPICAL SECTION STA 13+27 TO 13+62 STA 37+34 TO 43+19 NTS 1 o· -EXIST SIDEWALK P OR r.j"\ OR '2' LIMITS OF \V \V REMOVAL AND CONSTRUCTION PER PLAN AND AS MARKED BY FIELD ENGINEER EXIST CURB p OR 0 & GUTTER \::V E. R/W 1 o· -EXIST SIDEWAL p OR CD EXIST CURB p OR 0 & GUTTER \::V 51 SF 2% SLOT PAVEMENT DETAIL "A" NTS DEPTH OF COLDMILL AT GUTTER TO PROVIDE 3/8" LIP IS MEASURED FROM EG. ANY THICKNESS ABOVE EG IS TO BE INCLUDED WITH COST OF COLDMILL ~-PAVEMENT COLDMILL ---,.-I \ __ -L_ ------------COLDMILL AT GUTTER DETAIL "8" NTS WIDTH PER PLAN ____ _,___ __ ...J 6" SIDEWALK WITI-1 DEEP FOUNDATION DETAIL "C" NTS SILVER SPUR RD 8.33% MAX 10% MAX MAX -4'--SLOPE VARIES. 15' LONG WING 2%' MAX 10% MAX 2% 0::: a t-z 0 ::;; ><: _, w PROTECT SHALLOW SIL VER SPUR RD 15' I SILVER SPUR RD MAX 8.33 0 MAX \ MAX I I I . A CULVERT 2% MAX -----44 SF 1 \ I I A \ I ! 90 SF 1 I 2% I MAXI I I SILVER SPUR RD -------GAS-62~F-1 8.33% MAX 2% MAX SLOPE VARIES 15' LONG WING 38 SF 1 8.33% MAX CONSTRUCT ,AS--5 CURB RAMP DETAIL 4 / / . CURB RAMP DETAIL 5 4"-6" CURB AS SLOPES ALLOW SILVER SP R D 10% 8.33 u,; ~ MAX MAX ~ CURB RAMP DETAIL 1 NTS I> SLOPE VARI ES 15' LONG RAMP RUN p WALT I w 2% , \ ~ MA~ \~L > / _,___-\ \ .-. / MAX ~' ~p ~DEWALK 2% MAX NTS P ~__...,,.,.. \::::::;.\l-.\ / / BACKFILL WITH R ,s, ".;..11-0-c-::FE_ss,,oN,~( w'PLANS PREWPAREIDLBYL,DAN ' -, TOP SOIL ,.,,..v ,.y,,tw ~-c '1< CURB RAMP DETAIL 2 CURB RAMP DETAIL 3 t; ~,.. \. % Engineering DI ~ILn ET NTS NTS : 9ff93 '(:\ 13191 CROSSROADS PARKWAY NORTI-i I SUITE 405 INDUSlRY, CA 91746-3497 DIAL/LOG-ON 2 WORKING D~ extending your reach NTS APPROVED BY CONSTRUCTION NOTES CD 0 0 REMOVE AND CONSTRUCT 4-INCH THICK PCC SIDEWALK PER SPPWC STD PLAN NO. 113-2 REMOVE AND CONSTRUCT SIDEWALK WITH DEEP FOUNDATION PER DETAIL ON SHEET 2 REMOVE AND CONSTRUCT CURB AND GUTTER PER SPPCW STD PLAN TYPE A2-8, OR TO MATCH EXISTING. SEE DETAIL "A" ON SHEET 2. 0 ® © 0 REMOVE AND CONSTRUCT CURB RAMP PER SPPWC STD PLAN NO. 111-5, CASE AND TYPE PER PLAN. REMOVE AND CONSTRUCT MEDIAN CURB TYPE A 1-6 PER SPPWC STD PLAN 120-3 COLD MILL EXISTING ASPHALT CONCRETE PAVEMENT 2-INCH UNIFORM DEPTH. ® REMOVE AC, AB, AND SUBGRADE. CONSTRUCT 7-INCH THICK HOT MIX ASPHALT (B-PG 64-10) OVER 95% RELATIVELY COMPACTED NATIVE. CONSTRUCT 2-INCH THICK ASPHALT RUBBER HOT MIX (ARHM) OVERLAY. @ ADJUST TO GRADE ® PROTECT IN PLACE (ITEM AS NOTED). LEGEND W//23 ~~ -OH E---E----G----SS----SD---CATV---T----W----HPG-NPDES NOTES: PCC IMPROVEMENT 2" UNIFORM COLDMILL 2" AHRM OVERLAY REMOVE AC, AB, AND SUBGRADE. CONSTRUCT 7-INCH AC OVER 95% R.C. NATIVE SLOT PAVING PER DETAIL ON SHEET 2 NATIVE SOIL OVERHEAD ELECTRICAL ELECTRICAL GAS SEWER STORM DRAIN CABLE TELEVISION TELEPHONE WATER HIGH PRESSURE GAS PROPOSED IMPROVEMENT RIGHT OF WAY CITY LIMITS 1. THE CONTRACTOR SHALL TAKE ALL NECESSARY AND PROPER PRECAUTIONS TO PROTECT ADJACENT PROPERTIES FROM ANY AND ALL DAMAGE THAT MAY OCCUR FROM STORM WATER RUNOFF AND/OR DEPOSITION OF DEBRIS RESULTING FROM ANY AND ALL WORK IN CONNECTION WITH CONSTRUCTION ACTIVITIES. 2. THE CONTRACTOR SHALL PREPARE A WET WEATHER EROSION CONTROL PLAN DELINEATING BMPS TO BE INSTALLED PER NPDES, SWPPP, SUSMP, AND LID LOCAL, STATE, AND FEDERAL REGULATIONS TO BE APPROVED BY THE CITY PRIOR TO THE START OF CONSTRUCTION. 3. ERODED SEDIMENTS AND OTHER POLLUTANTS SHALL BE RETAINED ON SITE AND SHALL NOT BE ALLOWED TO LEAVE THE SITE VIA SHEET FLOW, SWALES, AREA DRAINS, NATURAL DRAINAGE COURSES, OR WIND. 4. STOCKPILES OF EARTH AND OTHER CONSTRUCTION RELATED MATERIAL SHALL BE PROTECTED FROM LEAVING THE SITE BY THE FORCES OF WIND OR WATER. 5. FUELS, OILS, SOLVENTS, AND OTHER TOXIC MATERIALS SHALL BE STORED IN ACCORDANCE WITH THEIR LISTING AND SHALL NOT CONT AMINA TE THE SOIL SURFACE WATERS. 6. SPILLS SHALL BE CLEANED UP IMMEDIATELY AND DISPOSED OF IN A PROPER MANNER. SPILLS SHALL NOT BE WASHED INTO THE DRAINAGE SYSTEM. EXCESS OR WASTE CONCRETE SHALL NOT BE WASHED INTO THE PUBLIC RIGHT OF WAY OR ANY OTHER DRAINAGE. 7. PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON SITE UNTIL THEY CAN BE DISPOSED OF AS SOLID WASTE. TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND. SEDIMENTS AND OTHER MATERIALS SHALL NOT BE TRACKED FROM THE SITE BY VEHICLE TRAFFIC. 8. THE CONSTRUCTION ENTRANCE ROADWAYS SHALL BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED INTO THE PUBLIC WAY. ACCIDENTAL DEPOSITIONS SHALL BE SWEPT UP IMMEDIATELY AND SHALL NOT BE WASHED DOWN BY RAIN OR OTHER MEANS. ANY SLOPES WITH DISTURBED SOILS OR DENUDED OF VEGETATION MUST BE STABILIZED AS TO INHIBIT EROSION BY WIND AND WATER. 9. THE FOLLOWING BMP '5 AS OUTLINED IN, BUT NOT LIMITED TO, THE CALIFORNIA STORM WATER BEST MANAGEMENT PRACTICE HANDBOOK, CALIFORNIA STORM WAGTER QUALITY TASK FORCE, SACRAMENTO, CALIFORNIA, THE LATEST REVISED EDITION MAY APPLY DURING CONSTRUCTION (ADDITIONAL MEASURES MAY BE REQUIRED IF DEEMED APPROPRIATE BY THE INSPECTOR): WM-1: MATERIAL DELIVERY WM-2: MATERIAL USE WM-3: STOCKPILE MANAGEMENT WM-4: SPILL PREVENTION AND CONTROL WM-5: SOLID WASTE MANAGEMENT WM-8: CONCRETE WASTE MANAGEMENT WM-9: SANITARY/SEPTIC WASTE MANAGEMENT NS-3: PAVING AND GRINDING OPERATIONS NS-9: VEHICLE AND EQUIPMENT FUELING NS-10: VEHICLE AND EQUIPMENT MAINTENANCE SS-1: SCHEDULING SS-7: STREET SWEEPING SS-7: TEMPORARY COVER (GEOTEXTILES AND MATS) SS-10: STORM DRAIN INLET PROTECTION NS-6: ILLICIT/ILLEGAL DISCHARGE CONNECTION NS-12: CONCRETE CURING NS-14: CONCRETE FINISHING ., ~ C 0 "' "' "O _j ~ 0 I __J CL / "' C C CL I -0 "' / w <"11 (/) CL I 0 0 "' -:;; C .c ., "' '-., > iii 5'. "' "' LO N ----c-0 "' ~------------~----------------------------10 C VERDES ~ REVISIONS NO. DESCRIPTION APP. DATE CITY OF RANCHO PALOS i---+-----------+---+-----------------------------ou TYPICAL SECTIONS AND MISCELLANEOUS DETAILS STREET REHABILITATION ON SILVER SPUR RD N/O HAWTHORNE BLVD C C "' '€ I w ~ =i:' .c ~ C CL BEFORE YOU DIG BEFORE YOU DI www.digalert.org DIAL: 811 I • it " ~ * (562J soe-a200 ..s-_,, ii,11 fNG1"1.~,._ UN)lR TI-iE su)'ERI/ISION OF --(1t ~ DRAWN BY : AG, MC CITY PROJECT NO. i':' Know what's below. "'tOFcALf fit:L (~ 1-=DE=S-'IG'""NED~B'"'"Y-'-:_A-'G'-, -'--MC'------1 SHT. 2 OF 6 SHTS 8843 "G A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT C II b ' d" ., 1 ~~~~~~~~~~~~-,:a::,:::;••o:,:••:.!:Yo::u,::'::,9· _____________________________________________ .L,:M,:_AT:_::TH:E;,::W_:A::_:::CR,:::IM:,__R:,::c:::,E_:9:::43:9::_3 _ _::o:,:A.:,::TE;.__L.:::RA::::Mz:1A:-:A:o::,:,P:u":uc::,:w;:::o:RK:::_so:1R:Ec::,ro:R:...._ _ ___::□:Ar:_E_L.L _______ ...L_.L_~~~!.]JL;...Lt:. ___ L _______ .....JL __ ..:_:_: ___ ....J '-~ . ~~~~:~ 5 4/01/202304-03-2023B-300 (l \ I I HAWTHORNE BLVD BASSWOOD AVE AG AG[ AG p LL N N C, <fl <( w I-c... 0 ~ w OCI w <fl I-I ::::, <fl I cc cc z w 01 <fl <( ~ c:..:, _J 0 ci ~ 0 w I.() ::::ii C, + w w 00 I-<fl ..--:r: : I ~ <(C-' - -I-0::: (/) w > 0 wm :z <( _J w ;:J :r: w I (_) (/) 1::: ~~~i~ I-0:: ~ _J I-<( i!=~~§~ ~ ~ 0... C/1 a::: u ~ LL Q W I--0:: 0 0:: c... <( z ~ -C... X w z w c.n <( c:..:, ~at--.LLJ LL C, <( _J I:!:: f=' F ~ <.!l I w <( zu 0 :::::;; ~ U1 u ...J ::J z ~ p AG X O ::::, - I AG 3 c:..:, W...JU::::!E"'q'" DI ~I(n ET !® DIAL/LOG-ON 2 WORKING DAYS BEFORE YOU DIG BEFORE YOU DIG -I I 7 1-LL <fl 0 I I I .,., I I I 2--~A~-AG --,---LL bi I LL <fl <fl 0 01 0 N 0 .,., "' .,., ...., ~ 0 I.() CONSTRUCTION NOTES Ci) 0 G) 0 REMOVE AND CONSTRUCT 4-INCH THICK PCC SIDEWALK PER SPPWC STD PLAN NO. 113-2 REMOVE AND CONSTRUCT SIDEWALK WITH DEEP FOUNDATION PER DETAIL ON SHEET 2 REMOVE AND CONSTRUCT CURB AND GUTTER PER SPPCW STD PLAN TYPE A2-8, OR TO MATCH EXISTING. SEE DETAIL "A" ON SHEET 2. REMOVE AND CONSTRUCT CURB RAMP PER SPPWC STD PLAN NO. 111-5, CASE AND TYPE PER PLAN. -~ ~-;::::::;:::;:;~~:::.,.;::l~t;==::;..,WEST~R::::....;/W :::;::I ~_;:::,..:;::::;l=+.';J~_:;:::::::1::::=l--=----==----=l==!:=~~~----=----===--==---=---=l r----:_,: >~~-----;·;-."'-i·:·.:~~:· .. :•~ ... -~ ... \ ..... • -~ •• ~ i~ -... -' .. .-· ....... -.-.:~ •.'· l_ l __ L __ + 00 ..--<( 0 I-0 LL w (j) _J REMOVE AND CONSTRUCT MEDIAN CURB TYPE A 1-6 PER SPPWC STD PLAN 120-3 COLD MILL EXISTING ASPHALT CONCRETE PAVEMENT 2-INCH UNIFORM DEPTH. REMOVE AC, AB, AND SUBGRADE. CONSTRUCT 7-INCH THICK HOT MIX ASPHALT (B-PG 64-10) OVER 95% RELATIVELY COMPACTED NATIVE. I ~G I p 7 > LL (.!) <fl 0 0 ...., ___ _l __ ~l-RO LING SILVER SPUR RD LL <fl LL <fl 0 "<I-0 CD ~ 7 7 1-i'.5 2i +I> "<I-<( r--c... +x ~w <(~ 1-0 <fl-, EASTR/W --' I :::-...-I --+--....,_,-__ _;_::..,__ SILVER SPUR RD AG WEST Rj_W_ ---r-:-'--- -l_ --_J -----1--l _ EAST R/W z <( C, w :::::;; p ,,11-oFESS/o;, PLANS PREPARED BY: w-w1~n~~~~ f<,'v "f( ,.,,., ,.y,,tw ~-c '1< t;-~,. '\. ~ & ~ 41 NO. rn 13191 CROSSROADS PARKWAY NORTI-i er 94393 "' SUITE 405 INDUSlRY, CA 91746-3497 it * (562) 908-6200 <'11,, ,. ... UNDER TI-iE SUPERI/ISION OF z <( C, w :::::;; p I AG extending your reach LL <fl 0 0 0 7 LL <fl 0 "' CD 7 -AG \ 7 LL <fl .,., CD \ ~ ___ \_, APPROVED BY z <( 8 :::::;; p \ I-(/) w :z _J :r: (_) I-<( ~ I.() r---+ r---N <( I-(/) w :z _J :r: (_) I-<( ::::?! :s:: 0 _J w m w w (/) v I-w w :r: (/) w w (/) HORIZ 1 "= 40' ® ® ® CONSTRUCT 2-INCH THICK ASPHALT RUBBER HOT MIX (ARHM) OVERLAY. ADJUST TO GRADE PROTECT IN PLACE (ITEM AS NOTED). LEGEND I' . . 1 . I PCC IMPROVEMENT I™! 2" UNIFORM COLDMILL -2" AHRM OVERLAY I I REMOVE AC, AB, AND SUBGRADE. CONSTRUCT 7-INCH . . AC OVER 95% R.C. NATIVE 1m" a1 SLOT PAVING PER DETAIL ON SHEET 2 ~~ NATIVE SOIL --OH E-OVERHEAD ELECTRICAL ELECTRICAL --E----G----SS----SD----,CATV----T----W----HPG--SCALE GAS SEWER STORM DRAIN CABLE TELEVISION TELEPHONE WATER HIGH PRESSURE GAS PROPOSED IMPROVEMENT RIGHT OF WAY CITY LIMITS 40~_---'<80 FEET ,,., N ------CT> ;t .,, -D I D c§ ()' I _J CL / "' C " CL I -D "' / w <"11 (/) CL I D D "' -:;; " .c " ()' ~ " > iii 5'. ()' "' LO N -,----------------r------------------------------1~ " APP. DATE CITY OF RANCHO PALOS VERDES ~ REVISIONS NO. DESCRIPTION t---t----------t---+---+-----------------------------lu STREET IMPROVEMENTS ~ ON t SILVER SPUR RD N/O HAWTHORNE BLVD ~ HAWTHORNE BLVD TO STA 27+75 =i: .c .., " CL '5',> /( fNG\l<I:~,,_ www.digalert.org DIAL: 811 ~L~ Know what's below. '17tOFCALf A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT Call before you dig. MATTHEW A. CRIM RCE 94393 DATE -fM-!Lw-J_ DRAWN BY : AG, MC CITY PROJECT NO. ~ 1 ~~~~~~~~~~~=--==:::.:::::::.... ____________________________________________ _JL.:~:::..:..::::......:::..::::::.:........!~~-L.:::!::::::'.~=~::::::_ __ _::::.._.1._J ________ L_JL_J~.::;.;D~E~s"'1~cNimL[B:.:..Yr_--=--;..'LAic,_._M:_c':_-:_-:_-:_1_s_H_T_._a_o_F_s_s_H_T_s_l __ __::8:::8:.:4::3~--_J] -RAMZI A-AD, PUBLIC WORKS DIRECTOR DATE CHECKED BY : FW 5 4/01/202304-03-2023B-4LO r---+ r---N < I"") I-I-Cf) w w :r: \ \ \ I I 7 AG p 1 AG I I 1 I \ LL \ :z LL I I LL Vl \ <( I Vl Vl \ 0 \ \ Cl 0 \ <O 0 I w ,.,., ..., N \ \ :::::!: ffi \ \ ' \ \ I I \ \ \ I I \ \ \ \ ' \ I ' I - ---- --- -- -C, I ll -()(,00 xx y X) ~ -~ ,v ll', V ~ 00 >O< .,,~ ~ 1', vs , x~ ·" ~ A A r, %>~ :x< ,.., "'>< ~ ", ;:x; 'v A ,S ':W " ~~ X> Sc "' A ~~ )C C ~ X.> &Q< )C > ~ .... ._ . s::v ~ ~ x:O X. '* ,.., "" AA ~ ~ " O< &x ' N ;x; :x◊ ,oc"'X )< >00 " ~ ><~ 1',, > A ~ •• . X " X X "' ' ' ' C, 0 ·o ' ' r--<O -' Cf) w z: w _J w Cf) XXX ""' ~ x; >00 'xx ,v "' ,.. ~~:82" v> " X) ~ ~ VXXJ x; X, ~-~ 9S 000< >O ,, ,.., ,gs N IV' .,, .,, X, ~ ~ " ~ ~ ,l◊ ~ « x; N ,&.r, xx ,.. ',l :x:: . b<'>O◊ ~ % 'xxx xi' X ~N>(l le X>< /<. X :0 ~ A . ' , . , X) CIIY OF ROLLING HILLS ESTATES,'></ 1 SILVER SPUR RD--= EAST R/W :r: 0 I-< 6 ~ 8 LL Vl LL LL Vl Vl 0 <O 0 ,.,., N N N -r--7 7 7 7 I I AG 1 ~ \ ' I I I I 1 I I p 7 AG 1 7 I I I I I LL I I :z LL LL LL Vl I I Vl Vl I Vl Vl I N <( 0 N 0 r--CJ 0 r--0 ::c -<O ~ <( u I I I I I I I I I I I I I I WES!_ R/W \ I I ~-- ------ -- -C, 7s'.1 -,. "' V A ~~~ " ,.., X X A ~ ><.7-,, 'X X ~ " x., /<. ~ ~ ~ 'v :x 50<9: » X ~ ~ c,s'6 "66&x :> V', " " ~~ ✓# )~ It',,_ ~ ~ ><, ,, :x » il;o " ">I, ~ 0~ '.>Oi'J • x; "' ""' " gx >M« , ><~ » ~ ~~ "il ,&. ✓ ' J X> ,.., x,, Nxx "' -~ )( X > .~ A ,..,,..., ,, ' ' ' 0 NO ' ' ' CX) <O -A ~ x': ;(><' 'xx ~ x; ,.., <.# xx > ~>00 ~ ,l><, ><X. X ~-* t; X (' .,, V x; ~ w A So/: ~ ,00 ~ ~ .)< ~, x':x"-~ %<: g X Q< ~ ~~ ~ & 00 )><> x,, I>' x; X. " > ,6? ;yY' x<..; l'v H >x. "' C> , ,,0<,i Yx N 'Xx V' Yx N V'N: " .J<-" A A <>< 'v> :: : .. ~ ?"-,_~: \ .?. ~: -~~ ....... .-... ,·.:,. .. : -~< --~' .... ::-:"" ~-_: ,-,' .. • .:, ·:· .. ; ' '·/:. -·~:,:,'._, ; ·t:· '" .. · ~: : •. ! ~~-,.. ' ••:..;.-_.,_ , ... ~.; "-.·· .. •'·'•'.' :: L..: . ·. -~-.: .... ~•, • :"'":o'':• "!·•'.• •. 'ff. 1 .. ' •. ; ,;:. ·, i-..• l't.": ~-~ .. .J ~ > ':; .. ...... , .. -~. 00-•·.•-~ --.,. '•. '·.C-~.--.·· . "" ·1 • T -. ro' r--r--' ---' ---I -------, ~ ----I -----------I -------~ -----' C ,,-----. ---' /, LL -------~ Vl ..-----LL LL LL ~ / ~ -------LL Vl Vl I --VI 0 0 0 ~ ~ ,,, ~ ,.,., v N ,.,., r--..., v I -' ,,, 7 --QJ 7 2 7 2 I ' --:,,-....-✓ . I VIA DE LA VISTA 1 AG 0 0 + r---1"'") < I-C/) w z: _J :r: 0 I-< ~ I-LL w _J 3:: 0 _J w m w w Cf) CONSTRUCTION NOTES CD 0 G) 0 ® 0 (j) ® @ 0 GXD ~ (}) REMOVE AND CONSTRUCT 4-INCH THICK PCC SIDEWALK PER SPPWC STD PLAN NO. 113-2 REMOVE AND CONSTRUCT SIDEWALK WITH DEEP FOUNDATION PER DETAIL ON SHEET 2 REMOVE AND CONSTRUCT CURB AND GUTTER PER SPPCW STD PLAN TYPE A2-8, OR TO MATCH EXISTING. SEE DETAIL "A" ON SHEET 2. REMOVE AND CONSTRUCT CURB RAMP PER SPPWC STD PLAN NO. 111-5, CASE AND TYPE PER PLAN. REMOVE AND CONSTRUCT MEDIAN CURB TYPE A 1-6 PER SPPWC STD PLAN 120-3 COLD MILL EXISTING ASPHALT CONCRETE PAVEMENT 2-INCH UNIFORM DEPTH. REMOVE AC, AB, AND SUBGRADE. CONSTRUCT 7-INCH THICK HOT MIX ASPHALT (B-PG 64-10) OVER 95% RELATIVELY COMPACTED NATIVE. CONSTRUCT 2-INCH THICK ASPHALT RUBBER HOT MIX (ARHM) OVERLAY. ADJUST TO GRADE PROTECT IN PLACE (ITEM AS NOTED). LEGEND I JI ••. ~ • • 1 PCC IMPROVEMENT l™J 2'' UNIFORM COLDMILL -2" AHRM OVERLAY REMOVE AC, AB, AND SUBGRADE. CONSTRUCT 7-INCH AC OVER 95% R.C. NATIVE 1:0001 SLOT PAVING PER DETAIL ON SHEET 2 ~llil NATIVE SOIL -OH E-OVERHEAD ELECTRICAL ELECTRICAL --E----G GAS ,,., N ' ~ ~ I LL \ \ LL \ Vl Vl ~ ---ss--SEWER 0 0 + r---I-I"") :r: < (_') I-0:::: Cf) / r;}. cb 0 0 CX) \ t OF VIA DE LA VISTA DI ~I(n ET DIAL/LOG-ON 2 WORKING DAYS BEFORE YOU DIG BEFORE YOU DIG \ \ . ·•. .:r I I LL LL Vl \ Vl N 0 <O ,.,., N 2 7 \ I !® v \ ,.,., \ \ \ l_ \WEST Rf!_ -C, -GAS GAS L_ ~ ~_.• :A9 . -~R/W SILVER-SPUR -RD \ \ \ \ \ LL Vl I \ 0 \..., \ 1-w ..., w w ::c ~~ <v W-' Vl <C <( 1-u w Cl ciw Ow :::::!: Vl 1-w ..., w ::c WV, ~~ <( ,.,., w-' Vl <C <( 1-u w Cl ciw Ow :::::!: Vl 4 ,,11-oFESS/o;, f<,'v "f( ,.,,., ,.y,,tw ~. c "1< t;-~,. '\. ~ & ~ 41 NO, rn er 94393 "' it <'11, ,. ... * CITY OF RANCHOS PALOS VERDES CITY OF ROLLING HILLS ESTATES 0-----------------:--. ~ " ' ~ ' :,_ ~ <( I-I-:z v,w \ ..... ~ <> <( "" n.. "" ~ G'.i Cl :z :zo w ..,._ --\ \ \ I I I \ \ -I \ \ • I I I \ /, I, ------..-,; /, \ \ \ \ \ I \ \ WILLOW WOOD RD PLANS PREPARED BY: APPROVED BY w-w1~n~~~~ extending your reach 13191 CROSSROADS PARKWAY NORTI-i SUITE 405 INDUSlRY, CA 91746-3497 (562) 908-6200 UNDER niE SUPERI/ISION OF \ I ---SD-----,CA TV----T ----w----HPG--\ HORIZ 1 "= 40' SCALE STORM DRAIN CABLE TELEVISION TELEPHONE WATER HIGH PRESSURE GAS PROPOSED IMPROVEMENT RIGHT OF WAY CITY LIMITS 40~_---'<80 FEET CT> ;t .,, N D I D c§ ()' I _J CL / "' C " CL I -D "' / w ,"11 (/) CL I D D "' ✓;; " .c " ()' ~ " > iii 5'. ()' "' LO N -,-----------------.-------------------------------1~ REVISIONS " CITY OF RANCHO PALOS VERDES ~ .c NO, DESCRIPTION APP. DATE t---t-----------lt---+--+--------------------------------lu STREET IMPROVEMENTS ~ ON t SILVER SPUR RD N/O HAWTHORNE BLVD ~ STA 27+75 TO STA 43+19 =i: .c .,.., " CL '5',> /( fNG\l<I:~\>-www.digalert.org DIAL: 811 ~L~ Know what's below. '17tOFCALf A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT Call before you dig. MATTHEW A. CRIM RCE 94393 DATE 1M" ~ DRAWN BY : AG. MC CITY PROJECT NO. ~ 1 ~~~~~~~~~~~=--==:::.::::.:::.._ ____________________________________________ _JL.:~:.::..:_.::::.._...:::..::::::.:........!~~-L.:::!::::::'.~=~::::::_ __ _::::.._.1._J ________ L_JL_J_:D~E~s1~cN~EDL[BvL,;.., 1A~c._M_c __ Ls_H_T_._4_o_F_s_s_H_T_s_l __ __::8:::8:.:4::3~ __ _J ] -RAMZI A-AD, PUBLIC WORKS DIRECTOR DATE CHECKED BY : FW 5 4/01/202304-03-2023B-56" (TYP.) DIAL/LOG-ON BEFORE YOU DIG www.digclert.org STRIPING DET "D" LOOPS (6) AB LOOPS (6) SC 50' 190' TRANSITION ------------------131---------------ii--------------------225' 70'_ ~TYP. "PVPTA" R28(S){CA)<-> lo] DET 9 1 DET "D" LOOPS (2) 4 W9-1 DET 29 SIGN •c• 1 TYPE IV{L) I 5 SIGN "B" '---1....:....i' 4 W4-2{->) ----------------131-----------.-, ASSWOODAVE OOPS (8) OOPS {8) AB LOOPS (2) 165' N SIGN "D" SILVER SPUR RD 0 ,.... SC LOOPS (2) 1 DET 3B -17+00 • 0 • DJ 0 -"' -"' -0 -10 SIGN "E" LOOPS (1) AB LOOPS (1) SC 1 DET 38 1 DET 9 1 TYPE IV(L) TYPE IV(L) • 0 ~ __ _l_ __ _ - --'~l -_l_ - - _,_ --+-+--l _ --_L - -----.-r,f-- - -- _\_ ~TYPE G <_ 6" WHllE STRIPE 160' DJ -·,.., -" 0 -0 -10 0 -DJ 0 -0 23+00~ DET 25A SILVER SPUR RD NOTES: G) DJ DJ 0 -25+00_ 170' 26+00_ lO r--+ r--N <o::<O f-f-(/) w w II (/) w zW -w _J (/) I u f-<o:: :::;;: SIGN "A" SIGNING, STRIPING AND LOOP REPLACEMENT GENERAL NOTES: 1. SIGNING, STRIPING, AND LOOP REPLACEMENT, AND lHE INSTALLATION 11-iEREOF SHALL CONFORM TO CALTRANS STANDARD PLANS AND SPECIFICATIONS, LA TEST EDITION. 2. STRIPING DETAILS AND PAVEMENT MARKINGS SHALL BE 11-iERMOPLASTIC. 3. ALL PAVEMENT MARKINGS TO BE REMOVED SHALL BE BY GRINDING METI-iOD. 4. INDUCTIVE DETECTOR LOOPS SHALL BE 6' DIAMETER TYPE "E" AND CENTERED IN TRAVEL LANE Wlll-i 10' SPACING BETWEEN LOOPS IN lHE DIRECTION OF TRAVEL. LIMIT LINE LOOPS SHALL BE MODIFIED TYPE "E" BICYCLE DETECTOR LOOPS PER CITY OF LOS ANGELES STANDARD DWG. NO. S-70.10. PLACE LIMIT LINE LOOPS 2' INTO CROSSWALK OR LIMIT LINE. 5. 11-iE CONTRACTOR SHALL PREMARK 11-iE LAYOUT OF ANY PERMANENT TRAFFIC CONTROL STRIPING, INDICATING 11-iE PROPOSED LOCATION AND TYPE OF MARKING TO BE INSTALLED. lHE PREMARKING MAY CONSIST OF TYPE D TAPE, CHALK, OR LUMBER CRAYONS. lHE CONTRACTOR SHALL ALLOW 3 WORKING DAYS FOR lHE INSPECTION AND APPROVAL OF 11-iE PREMARKINGS PRIOR TO PLACING 11-iE PERMANENT MARKINGS. 6. lHE CONTRACTOR SHALL REPAINT ALL EXISTING CURB MARKINGS Wlll-ilN lHE PROJECT LIMITS. CURB MARKINGS SHALL BE PAINT, 2 COATS. SIGNING AND STRIPING CONSTRUCTION NOTES: OJ INSTALL STRIPING DETAIL AND/OR PAVEMENT MARKING AS SHOWN. r,;-i INSTALL 12" YELLOW CROSSWALK. CROSSWALK SHALL BE 1 O' IN L=...l WIDlH (INSIDE TO INSIDE) UNLESS OTHERWISE INDICATED. m REMOVE CONFLICTING STRIPING. 0 INSTALL SIGN{S) AS SHOWN. ill REMOVE SIGN(S) AS SHOWN. 0 INSTALL MEDIAN NOSE TREATMENT PER DETAIL "E." 0 INSTALL 12" WHITE LIMIT LINE. LEGEND l \ \ \ \ \ l REPAINT EXISTING RED CURB l66666('l REPAINT EXISTING WHITE CURB - - -RESURFACING LIMITS 0 MODIFIED TYPE E BICYCLE LOOP DETECTOR ® SIGNALIZED INTERSECTION SIGN "B" NO PARKING 6:00 ro 8:3Gi.M. I :> SOOJl.ll\YSlllt.Y LOADING ZONE SIGN "E" NO PARKING 6:QQro 8:3atw. <: I SCHXll ll\YS IH.Y LOADING ZONE SIGN 'C" NO PARKING PASSENGER LOADING ZONE =:> SIGN i• NO PARKING 6:QQro 8:3t1lM. ¢::::::::::>-SOOll. ll\YS ~LY LOADING ZONE SIGN •o• Rolling Hills Estates OVERSIZE RV VEHICLE PARKING ON CITY STREETS PROHIBITED AT /ffi TIME ElCCEPf ~ B't' PEllllr OVERNIGHT PARKING ON CITY STREETS PROHIBITED ~11)~ El<EPJ a, PERIIT IIDC 1D.24.090. 17.lllU-40 SIGN "J" .!'l 0 0 -0 I w 0. D:'. t;, _!, 0. / (/l C: 0 0. I ~ 0 en ~ oil en 0. I 0 0 ~ 0 ..c: OJ D:'. L ::, C. en L OJ 2: en 5'. D:'. DIR. OF TRAVEL INSTALL YELLOW HIGH REFLECTIVITY PAINT ON CURB FACE (2 COATS). EXTEND PAINT ON TOP OF CURB AND CURB FACE TO BC, EC, OR END OF FLARE. (0 iO N DETAIL "D" NO SCALE ® 0 0 EPOXY SERIES 400 REPO POST.(18") TYPE K MARKER. DETAIL "E" NO SCALE -~ -c: 0 40 80 HORIZ 1 "• 40' SCALE FEET ,-----------------r-----------------------------1~ REVISIONS 0 NO. DESCRIPTION APP. DAlE CITY OF RANCHO PALOS VERDES ~ t---+---------+--+--+-----------------------------lu C: SIGNING, STRIPING, AND LOOP ~ v11-oFEss,O~ PLANS PREPARED BY: REPLACEMENT PLAN '€ APPRO 2 WORKING DA BEFORE YOU DI DIAL: 811 g~"~._y c. <:\ ,w'WI~~~~~ 2:ding SILVER SPUR RD N~NHAWTHORNE BLVD i ® "' No. 83887 "' 13191 CROSSROADS PARKWAY NORTH I * EXP. 09_30-23 * SUITE 405 INDUSTRY, CA 91746-3497 ST A 1 0+00 TO ST A 27 + 7 5 :S0 • {562) 908-6200 ~ C/VI'-1f1t tl,mra1 DRA'lh-J BY: MO CITY PROJECT NO. L. Know what's below. C •I.\ DESIGNED BY •• MO SH T. 5 OF 6 SH TS -§ A PuBUc sERV1cE sv uNDERGRouNo sERVlcE ALERT Call bel d" , 8843 L!::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~-=:::.::::•::.:re~yo:u~•:::g.~--------------------------------------------===---_J....:'.Z~:::.~:'....._:R:'.,'.C::E~8~38'.'.'.8'..:7 __ ~DA:_:T:E _ _J_:RAM=Z'.'.:'A:ww:::AD'.::,P:'.U:'.BL'.'.'.lc::_w:::oR:Ks:_:o~1R:Ec'.'.,'.T::'.oR:..._ __ ~oA:T!.E_L_l ________ _l _ _l _ _l..£!:j~~.[!,.:..,;:lb.,. ___ l_ ________ _jL __ ...:::_:::_::::_ ___ J OJ _ ~~ED~:L ~ 4/01/202304-03.-2023B-6Lr) f' + f' N <( Lr) I-1-VJ W w I :r: (/1 WW :ZW _J (/1 :r: ~ <( :::;;; w <C C t; 28+00 ' ' -00 R:l-4 R28(S)(CA)<-> -SIGN "G" - -ix:, b -_r -N ' -, ' ' o' ' -N -ix:, \ --- -- -I ,I - - - -29+00 30+00 ' ' ' ' ' ' ' ' ' ' ' ' ix:, b -39+00 140' N -b ?JO' N -ix:, 1 DET 278 1 DET 9 1 DET 25A I \ \ I I - -- -I I ' I I 'i, - - --31+00 - -32+00 ' ' ' ' ' ' ' ' ' ' ' ' ' ' I 1040' ~ 1><1 ~ R2-1(40) 1 DET 278 SILVER SPUR RD +00 DET 278 5 SR4-1(CA) & PrST + -- ---- -" b -ix:, b b -- -- ---,,., --33+00 34+00 N ' -' ' ' ' ' ' ' ' ,. ' ' ' ' ' ' 0 ' ' 0 -CX) ';,j-N -,,., ·cxi RANCHO PALOS VERDES CX) ROLLING HILLS ESTATES t - -"" 130' TRANSITION "PVPTA" fl/2 TYP. "N -0 . --.(~ "N -b -R2-1(40) SIGN "J" \ r.7 SIGN "H" '-1..2..J DET 22(41') '-+---13 \ - -- -35+00 ' ' ' ' ' ' -0 I I - ---36+00 ' ' ' ' ' ' ' ' ......... -- -ix:, b -=--N -' b' -N N ......2 ·-I 37-' ' 0 0 + f' I-n LL <( w I-_J (/1 ~ 1'.3 WW :z CD _J w w :r: (/1 u I-<( :::;;; SIGNING, STRIPING AND LOOP REPLACEMENT GENERAL NOTES: 1. SIGNING, SlRIPING, AND LOOP REPLACEMENT, AND THE INSTALLATION THEREOF SHALL CONFORM TO CALlRANS STANDARD PLANS AND SPECIFICATIONS, LA TEST EDITION. 2. SlRIPING DETAILS AND PAVEMENT MARKINGS SHALL BE THERMOPLASTIC. 3. ALL PAVEMENT MARKINGS TO BE REMOVED SHALL BE BY GRINDING METHOD. 4. INDUCTIVE DETECTOR LOOPS SHALL BE 6' DIAMETER TYPE "E" AND CENTERED IN lRAVEL LANE WITH 10' SPACING BETWEEN LOOPS IN THE DIRECTION OF lRA VEL LIMIT LINE LOOPS SHALL BE MODIFIED TYPE "E" BICYCLE DETECTOR LOOPS PER CITY OF LOS ANGELES STANDARD DWG. NO. S-70.1D. PLACE LIMIT LINE LOOPS 2' INTO CROSSWALK OR LIMIT LINE. 5. THE CONlRACTOR SHALL PREMARK THE LAYOUT OF ANY PERMANENT lRAfFIC CONlROL SlRIPING, INDICATING THE PROPOSED LOCATION AND TYPE OF MARKING TO BE INSTALLED. THE PREMARKING MAY CONSIST OF TYPE D TAPE, CHALK, OR LUMBER CRAYONS. THE CONlRACTOR SHALL ALLOW 3 WORKING DAYS FOR THE INSPECTION AND APPROVAL OF THE PREMARKINGS PRIOR TO PLACING THE PERMANENT MARKINGS. 6. THE CONlRACTOR SHALL REPAINT ALL EXISTING CURB MARKINGS WITHIN THE PROJECT LIMITS. CURB MARKINGS SHALL BE PAINT, 2 COATS. SIGNING AND STRIPING CONSTRUCTION NOTES: OJ INSTALL STRIPING DETAIL AND/OR PAVEMENT MARKING AS SHOWN. r,;i INSTALL 12" YELLOW CROSSWALK. CROSSWALK SHALL BE 1 O' IN ~ WIDTH (INSIDE TO INSIDE) UNLESS OTHERWISE INDICATED. [TI REMOVE CONFLICTING STRIPING. 0 INSTALL SIGN(S) AS SHOWN. [}] REMOVE SIGN(S) AS SHOWN. ~ INSTALL MEDIAN NOSE lREATMENT PER DETAIL "E." 0 INSTALL 12" WHITE LIMIT LINE. LEGEND l \ \ \ \ \ l REPAINT EXISTING RED CURB E"5666i'V'I REPAINT EXISTING WHITE CURB ---RESURFACING LIMITS 0 MODIFIED TYPE E BICYCLE LOOP DETECTOR ® SIGNALIZED INTERSECTION NO SCHOOL PARKING RIGHT LANE MUST TURN RIGHT Rolling Hills Estates OVERSIZE RV VEHICLE PARKING ON CllY STREETS PROHIBITEO AT ANY TIME EXC£PJ I.CWllNG Br PmlT OVERNIGHT PARKING ON CITY STREETS PROHIBITED JIM "' 5\1.t ""'""....., HIIC 10.24.090. 17.oeMO .!'l 0 0 "' " -c, N 0 I w a. D:'. t;, .!, a. / <C > ------------> <C SILVER SPUR RD 1 DET 278 -;0 ~ ~ \'.: SIGN "F" SIGN "G" SIGN "H" SIGN "J" (/l C: 0 a. I ...J 6" (TYP.) DIAL/LOG-ON BEFORE YOU DIG www.digclert.org "STOP" 50' DIR. OF TRAVEL DETAIL "D" NO SCALE ~TYPE G <-.. 1\1-illE STRIPE ELKMONT DR %% NOTES: CD ® 0 0 INSTALL YELLOW HIGH REFLECTIVITY PAINT ON CURB FACE (2 COATS). EXTEND PAINT ON TOP OF CURB AND CURB FACE TO BC, EC, OR END OF FLARE. EPOXY SERIES 400 REPO POST.(18") TYPE K MARKER. DETAIL "E" NO SCALE "t) ;; r i:-o <ll <ll r'1 ti\ ~ ~~ 'v\ <ll HORIZ 1 "= 40' SCALE -0 en ~ oil en a. I 0 0 ~ 0 ..c: OJ D:'. L ::, C. en L OJ 2: en 5'. D:'. (0 LO N --c: 0 (/l ,---------------"""'T-----------------------------10 REVISIONS 0 CITY OF RANCHO PALOS VERDES ~ 1--+---------+--+--+-----------------------------tu C: NO. DESCRIPTION APP. DATE SIGNING, STRIPING, AND LOOP ~ v11-oFEss,O~ PLANS PREPARED BY: REPLACEMENT PLAN f APPRO 2 WORKING Dli BEFORE YOU DI DIAL: 811 g~"~._y c. <:\ ,w'WI~~~~~ 2:ding SILVER SPUR RD N~NHAWTHORNE BLVD f ® "' No. 83887 "' 13191 CROSSROADS PARKWAY NORTH I * EXP, 09-30-23 * SUITE 405 INDUSTRY, CA 91746-3497 STA 27 + 75 TO ST A 43+19 :S • (562) 908-6200 ~o C/VI'--fft ~ DRA'lh-J BY: MO CITY PROJECT NO. L. A PUBLIC SERVICE BY UNDERGROUND SERVICE ALERT Knowwhat'sbelow, c~1.\ DESIGNED BY: MO SHT. 6 OF 6 SHTS 8843 t, Call before you dig. RCE 83887 DA TE RAMZI AWWAD, PUBLIC WORKS DIRECTOR □ATE ~ l!::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~-=:::.:::::==:::..... ___________________________________________ _:=:.....--..J-=zz:.::..::::_.....:=-==--=.:....-.L..::=:::.::======::..--...:::._L...L ________ ...L_...1._...1Jc:tJHf!EC~K~rn~BlY.:.= ..:J:lbL ____ ..J _________ .J.. ________ ....J i5 B-7 CITY OF RANCHO PALOS VERDES Notice to Contractors, Instructions to Bidders, Special Provisions, Proposal, and Contract for: STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD -PROJECT NO. 8843 Matthew A. Crim Prepared by: Willdan Engineering 13191 Crossroads Parkway North, Suite 405 Industry, California 91746-3443 (562) 908-6200 RCE No. 94393 Date ~ 7 ,,-J Approved _ _,ft'-'--'1~1-&{:_~_, \_~) ___ _,, 208 Mayor, Barbara Ferraro Mayor Pro Tern, John Cruikshank Councilmember Eric Alegria Councilmember David L. Bradley Councilmember Paul Seo Public Works Director SPC22-25 (i) CITY OF RANCHO PALOS VERDES PLANS & SPECIFICATIONS FOR: STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PROJECT NO. 8843 IN CITY OF RANCHO PALOS VERDES TABLE OF CONTENTS NOTICE INVITING SEALED BIDS ................................................................................................ NC-1 INSTRUCTIONS TO BIDDERS .............................................................................................................I-1 Form of Proposal ................................................................................................................................I-1 Delivery of Proposals ..........................................................................................................................I-1 Modifications and Alternative Proposals .........................................................................................I-1 Withdrawal of Proposal .....................................................................................................................I-1 Bidder's Security ................................................................................................................................I-1 Approximate Estimate .......................................................................................................................I-1 Addenda ..............................................................................................................................................I-1 Discrepancies in Proposals .................................................................................................................I-2 Competency of Bidders ......................................................................................................................I-2 Bidder's Examination of Site and Contract Documents .................................................................I-2 Disqualification of Bidders ................................................................................................................I-2 Return of Bid Security .......................................................................................................................I-2 Award of Contract ..............................................................................................................................I-2 Alternates ............................................................................................................................................I-3 Listing Subcontractors .......................................................................................................................I-3 Execution of Agreement .....................................................................................................................I-3 Insurance and Bonds ..........................................................................................................................I-3 Telephones ...........................................................................................................................................I-3 Interpretation of Plans and Documents ...........................................................................................I-3 Sales and/or Use Taxes .......................................................................................................................I-3 GENERAL PROVISIONS ................................................................................................................... GP-1 Project Provisions ........................................................................................................................... GP-1 Unit of Measure ......................................................................................................................... GP-1 Award of Bid and Execution of Contract ..................................................................................... GP-1 Decision as to Which Contractor is the Lowest and Best Bidder .............................................. GP-1 Non-Collusion Affidavit ............................................................................................................ GP-1 Execution of the Contract .......................................................................................................... GP-1 Contract Bonds .......................................................................................................................... GP-2 Insurance .................................................................................................................................... GP-2 Compliance with Provisions of the Public Contract Code ......................................................... GP-2 Rejection of Bids ....................................................................................................................... GP-2 Legal Relations and Responsibility to the City ............................................................................ GP-2 Laws to be Observed .................................................................................................................. GP-2 Social Security Requirements .................................................................................................... GP-3 Prevailing Wages ....................................................................................................................... GP-3 Penalties ..................................................................................................................................... GP-3 B-8 TABLE OF CONTENTS (cont.) SPC22-25 (ii) Working Hours .......................................................................................................................... GP-3 Apprentices ................................................................................................................................ GP-3 Registration of Contractors ........................................................................................................ GP-4 Permits and Licenses.................................................................................................................. GP 4 Patents ........................................................................................................................................ GP-4 Indemnity ................................................................................................................................... GP-4 Notice ......................................................................................................................................... GP-4 Contractor's Responsibility for Work ........................................................................................ GP-4 Maintenance and Guarantee ....................................................................................................... GP-4 Cooperation ................................................................................................................................ GP-5 Prosecution and Progress of the Work ......................................................................................... GP-5 Work Schedule ........................................................................................................................... GP-5 Subletting and Assignment ........................................................................................................ GP-5 Character of Workers ................................................................................................................. GP-6 Agents or Foreman ..................................................................................................................... GP-6 Temporary Stoppage of Construction Activities ....................................................................... GP-6 Time of Completion and Liquidated Damages .......................................................................... GP-6 Suspension of Contract .............................................................................................................. GP-6 Measurement and Payment ........................................................................................................... GP-7 Measurement and Payment ........................................................................................................ GP-7 Final Invoice and Payment ......................................................................................................... GP-7 Extra Work ................................................................................................................................. GP-8 Unpaid Claims ........................................................................................................................... GP-8 Acceptance ................................................................................................................................. GP-8 Control of Work ............................................................................................................................. GP-9 Authority of the Director of Public Works ................................................................................ GP-9 Conformity with Plans and Allowable Variation ....................................................................... GP-9 Progress of the Work ................................................................................................................. GP-9 Samples ...................................................................................................................................... GP-9 Trade Names and Alternatives ................................................................................................... GP-9 Protection of Work ................................................................................................................... GP-10 Conflict of Terms ..................................................................................................................... GP-10 Interpretation of Plans and Specifications ............................................................................... GP-10 Increases and Decreases of the Work to be Done .................................................................... GP-10 Alterations of the Work to be Done ......................................................................................... GP-10 Extra Work ............................................................................................................................... GP-11 Public Utilities ......................................................................................................................... GP-11 Procedure in Case of Damage to Public Property .................................................................... GP-11 Removal of Interfering Obstructions ....................................................................................... GP-12 Quality of Material ................................................................................................................... GP-12 Removal of Defective or Unauthorized Work ......................................................................... GP-12 Supervision .............................................................................................................................. GP-12 Soil Compaction Testing .......................................................................................................... GP-13 Preservation of Property .......................................................................................................... GP-13 Dust Control ............................................................................................................................. GP-13 Selected Materials .................................................................................................................... GP-13 Surplus Materials ..................................................................................................................... GP-13 Clean Up .................................................................................................................................. GP-13 Equipment Requirements ......................................................................................................... GP-14 Protection of Work and Public ................................................................................................. GP-14 Sprinkler Systems .................................................................................................................... GP-14 Contractor's Superintendent and Project Manager ................................................................... GP-14 Work After Regular Hours ....................................................................................................... GP-15 B-9 TABLE OF CONTENTS (cont.) SPC22-25 (iii) Contractor's Daily Reports ....................................................................................................... GP-15 Request for Working Days ....................................................................................................... GP-16 Defective Materials .................................................................................................................. GP-16 Sound and Vibration Control Requirements ............................................................................ GP-16 Air Pollution Control ............................................................................................................... GP-16 Final Cleaning Up .................................................................................................................... GP-16 Contractor's Request for Final Inspection ................................................................................ GP-16 Resolution of Public Works Claims ......................................................................................... GP-17 Trenches and Excavations ........................................................................................................ GP-17 Construction and Demolition Materials Recycling Requirements ........................................... GP-18 SPECIAL PROVISIONS ..................................................................................................................... SP-1 General Project Information ......................................................................................................... SP-1 Requirements ............................................................................................................................. SP-1 Definition of Terms.................................................................................................................... SP-1 Project Plans .............................................................................................................................. SP-1 Scope of Work ........................................................................................................................... SP-2 Notice to Proceed ....................................................................................................................... SP-2 Utilities ....................................................................................................................................... SP-2 Street Closures ........................................................................................................................... SP-3 Conference ................................................................................................................................. SP-3 Public Convenience and Safety ................................................................................................. SP-4 Sanitary Convenience ................................................................................................................ SP-5 Construction Yard ...................................................................................................................... SP-5 Equipment Requirements ........................................................................................................... SP-5 Preservation of Property ............................................................................................................ SP-6 NPDES Compliance / Water Pollution Control ......................................................................... SP-6 Safety, Sanitary and Medical Requirements .............................................................................. SP-8 Electrical Power ......................................................................................................................... SP-8 Protection of Underground Facilities ......................................................................................... SP-9 Air Pollution Control ................................................................................................................. SP-9 Project Appearance .................................................................................................................... SP-9 Work Hours .............................................................................................................................. SP-10 Project Monument Surveys and Construction Staking ............................................................ SP-10 Project Special Provisions ............................................................................................................ SP-11 General ..................................................................................................................................... SP-11 Furnish and Apply Water ......................................................................................................... SP-14 Mobilization ............................................................................................................................. SP-15 Construction Methods .............................................................................................................. SP-15 Clearing and Grubbing ............................................................................................................. SP-15 Unclassified Excavation ........................................................................................................... SP-15 Subgrade Preparation ............................................................................................................... SP-16 Untreated Base ......................................................................................................................... SP-16 Asphalt Concrete Pavement ..................................................................................................... SP-16 Asphalt Rubber Hot Mix .......................................................................................................... SP-17 Cold Plane Existing AC Pavement .......................................................................................... SP-28 Portland Cement Concrete Construction .................................................................................. SP-28 Protection and Restoration of Existing Improvements ............................................................ SP-29 Appurtenant Work ................................................................................................................... SP-30 Compaction Testing ................................................................................................................. SP-30 Signing, Striping, and Pavement Markers ............................................................................... SP-30 Existing Landscape and Irrigation System Modifications ...................................................... SP-32 B-10 TABLE OF CONTENTS (cont.) SPC22-25 (iv) PROPOSAL Checklist for Bidders Proposal to City Council ............................................................................................................... P-1 Bid Sheets ..................................................................................................................................... P-3 Information Required of Bidder .................................................................................................... P-5 Statement Acknowledging Penal and Civil Penalties ................................................................... P-9 Designation of Subcontractors .................................................................................................... P-11 Contractor's Industrial Safety Record ......................................................................................... P-12 Bid Bond ..................................................................................................................................... P-13 Noncollusion Affidavit ............................................................................................................... P-15 CONTRACT Checklist for Execution of Construction Contract Contract ........................................................................................................................................ C-2 Instructions for Execution of Instruments .................................................................................... C-4 Insurance Requirements ............................................................................................................... C-5 Payment Bond .............................................................................................................................. C-6 Performance Bond ....................................................................................................................... C-8 Workers’ Compensation Certificate .......................................................................................... C-10 Agreement to Comply with California Law Requirements ....................................................... C-11 Indemnification and Hold Harmless Agreement ....................................................................... C-12 Additional Insured Endorsement - Comprehensive General Liability ....................................... C-13 Additional Insured Endorsement - Automobile Liability .......................................................... C-15 Additional Insured Endorsement - Excess Liability .................................................................. C-17 APPENDIX I Standard Drawings APPENDIX II Material Recycle Packet APPENDIX III Recycled-Content Certification APPENDIX IV Concrete and Asphalt Removal Form APPENDIX IV Core Logs B-11 SPC22-25 NC - 1 NOTICE INVITING SEALED BIDS CITY OF RANCHO PALOS VERDES BIDS MUST BE RECEIVED BY: 10 a.m. on April 27, 2023 BIDS TO BE OPENED AT: 10 a.m. on April 27, 2023 PLACE OF BID RECEIPT: Office of the Director of Public Works City Hall, 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 NOTICE IS HEREBY GIVEN that the City of Rancho Palos Verdes, County of Los Angeles, California, will receive up to, but not later than the time set forth above, sealed contract bids for the award of a contract for the STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PROJECT NO. 8843. All bids shall be made on the form furnished by the City and shall be opened and publicly read aloud at the above-stated time at the place of bid identified above. Sealed bids must be placed in a sealed package with the project name and identification number typed or clearly printed on the lower left corner of the package. PROJECT IDENTIFICATION NAME: STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PORJECT NO. 8843 PROJECT LOCATION: Silver Spur Road from North of Hawthorne Boulevard to North City Limits. DESCRIPTION OF WORK: Cold mill and overlay of existing pavement, removal and replacement of AC pavement, curb ramp reconstruction, removal and replacement of PCC sidewalk, signing and striping, and all items not mentioned but indicated in the Plans and Specifications. COMPLETION OF WORK: All work shall be completed within the contract period of twenty four (24) working days following Notice to Proceed. OBTAINING BID DOCUMENTS: Electronic files of the Plans, Specifications and Contract Documents are available for download on the City’s portal on PlanetBids. Hard copy of the bid package will not be mailed. REQUEST FOR CLARIFICATION: If you discover any error, omission, ambiguity or conflict in the Plans or Specifications and wish to have clarification, please submit your request for clarification on PlanetBids by Monday April 10, 2023. Requests for clarification received after this date will be disregarded. Addendums with responses for clarifications will be provided by Wednesday, April 19, 2023 on PlanetBids. PREVAILING WAGES: Pursuant to the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes applicable to the work to be done. This rate and scale are on file with the Director of Public Works and copies will be made available to any interested party on request. The Contractor to whom the contract is awarded, and the subcontractors under him must pay not less than these rates for this area to all workers employed in the execution of this contract. This Project is B-12 B-13 subject to compliance monitoring and enforcement by the DIR. BONDS: Each Bid must be accompanied by a cash deposit, cashier's check, certified check or Bidder's Bond issued by a Surety insurer, each of which must be made payable to the City, in an amount not less than ten percent (10%) of the total Bid submitted. Personal or company checks are not acceptable. Upon award of Contract, Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price. Before acceptance of the Project, Contractor shall submit warranty/maintenance Bonds that are valid for one year from acceptance, in the amount of one hundred percentage (100 %) of the Contract Price; in lieu of the warranty Bond, Contractor may submit proof from the Surety that the performance Bond has been extended for the appropriate duration of time. All Bonds must be issued by a California admitted Surety insurer and submitted using the required forms, which are in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into a valid Contract, including the submission of all required Bonds and insurance coverages, with the City within ten (10) Days after the date of the delivery of the Contract forms to the Bidder, shall constitute a material breach and subject the Bid security to forfeiture to the extent provided by law. LICENSE: The bidder must possess a current Class A Contractor's license issued by the California State License Board at the time of the Bid submission. No contract will be awarded to any bidder who is not a properly licensed California contractor as required by the California Business and Professions Code. The successful Contractor must also possess a current City business license. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS: The Contractor's attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section I 720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. LIQUIDATED DAMAGES: There is a Five Thousand Dollars ($5,000) per day assessment for liquidated damages for each calendar day that work remains incomplete beyond the time specified for the completion of the work. Refer to the bid specifications and contract documents for further details. BIDDING PROCESS: The City reserves the right to reject any or all bids or any parts thereof and waive any irregularities or informalities in any bid or in the bidding and to make awards in all or part in the best interest of the City. No bidder may withdraw his bid for a period of ninety (90) days after the date set for the opening bids. Public Works Director SPC22-25 NC-2 SPC22-25 I - 1 INSTRUCTIONS TO BIDDERS FORM OF PROPOSAL : The proposal shall be made on the bidding schedule ("proposal") herein. The proposal shall be enclosed in a sealed envelope bearing the name of the bidder and the name of the project as described under Notice Inviting Sealed Bids. DELIVERY OF PROPOSALS : The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Sealed Bids. It is the bidder's sole responsibility to see that his proposal is received in proper time. Any proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened unless an extension has been granted by the City. Bidders or their authorized agents are invited to be present. MODIFICATIONS AND ALTERNATIVE PROPOSALS : Unauthorized conditions, limitations or provisos attached to a proposal will render it informal and may be cause for rejection. The complete proposal forms shall be without interlineations, alterations or erasures, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. No oral, telegraphic or telephonic proposals or modifications will be considered. WITHDRAWAL OF PROPOSAL : The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the DIRECTOR OF PUBLIC WORKS. No proposal may be withdrawn during the period of ninety (90) calendar days after the opening of proposals. BIDDER'S SECURITY : Each bid shall be accompanied by cash, certified or cashier's check payable to the City, or a satisfactory bid bond in favor of the City executed by the bidder as principal and a California admitted surety as surety, in an amount not less than ten percent (10%) of the amount set forth in the bid. The check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it is awarded to him in conformity with the contract documents and shall provide the evidence of insurance and furnish the necessary bonds as specified in the contract documents, within fifteen (15) calendar days after written notice of the award. In case of the bidder's refusal or failure to do so, the cash, check, or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form set forth as required. APPROXIMATE ESTIMATE : The quantities shown in the proposal form shall be considered as approximate only, being listed therein for the purpose of serving as a general indication of the amount of work or materials to be performed or furnished, and as a basis for the comparison of bids; and the City does not guarantee nor agree, either expressly or by implication, that the actual amount required will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of work or material to be performed or furnished, or to omit any such item or portion, in accordance with the Special Provisions or Standard Specifications, under which the work is to be constructed, without any way invalidating the contract, should such increase, decrease or omission be deemed necessary or expedient. The quantity distribution tables included in the Appendix are provided to generally assist in defining the work and should be considered to be approximate only. ADDENDA : The DIRECTOR OF PUBLIC WORKS may, from time to time, issue addenda to the contract documents during the period of advertising for bids. Securers of contract documents shall be notified of, and furnished with, copies of such addenda, either by fax, certified mail, or personal delivery, or facsimile during the period of advertising at no additional cost. B-14 SPC22-25 I - 2 DISCREPANCIES IN PROPOSALS : The bidder shall set forth each item of work, in clearly legible figures, a unit or line item bid for the item in the respective spaces provided for this purpose. In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, provided, however, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case where the unit price is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following: (1) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. (2) As to unit price items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. In case of discrepancy between words and figures, the words shall prevail. COMPETENCY OF BIDDERS : In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder's experience on the form entitled "Information Required of Bidder" bound herein. No agreement for the work will be executed with a contractor who is not licensed in accordance with the laws of the State of California under applicable provisions of the Business and Professions Code. The licensing requirements for contractors shall apply also to subcontractors. Contractors and subcontractors must sign the "Statement Acknowledging Penal & Civil Penalties Concerning the Contractor's Licensing Laws." BIDDER'S EXAMINATION OF SITE AND CONTRACT DOCUMENTS : Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means as they may prefer as to the proposal, plans, specifications, contract form and actual conditions and requirements of the work, and shall not at any time after submission of the bid, dispute, complain, or assert that there was any misunderstanding in regard to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and the requirements of the proposal, plans, specifications, and the contract form. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination. DISQUALIFICATION OF BIDDERS : No person, firm, or corporation shall be allowed to make, file or be interested in more than one bid for the same work, unless alternate bids are specifically called for. A person, firm or corporation that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder is not hereby disqualified from submitting a subproposal or quoting prices to other bidders or making a prime proposal. If there is a reason to believe that collusion exists among the bidders, all bids will be rejected. RETURN OF BID SECURITY : The successful bidder's proposal guarantee shall be held until the contract is executed. Bid security shall be returned to the three (3) lowest bidders within twenty (20) calendar days after the successful bidder has signed the contract. All other securities shall be returned immediately. AWARD OF CONTRACT : The City reserves the right to reject any or all bids or any parts thereof or to waive any irregularities or informalities in any bid or in the bidding. The award of the contract, if made by the City, will be to the lowest responsible and qualified bidder. The award, if made, will be within ninety (90) calendar days after the opening of the proposals; provided that the award may be made after said period if the successful bidder has not given the City written notice of the withdrawal of his bid. B-15 SPC22-25 I - 3 ALTERNATES : If alternate bids are called for, the contract shall be awarded to the lowest responsible bidder on the base bid. LISTING SUBCONTRACTORS : Each bidder shall submit a list of the proposed subcontractors on this project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Sections 4100, et seq.). Forms for this purpose are furnished with the contract documents. EXECUTION OF AGREEMENT : The bidder to whom award is made shall execute a written contract with the City in the form included in these contract documents and shall secure and provide to City all insurance and bonds as herein specified within fifteen (15) calendar days from the date of mailing of written notice of the award. Failure or refusal to enter into the agreement or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the bidder's security. In the event the bidder to whom an award is made fails or refuses to execute the Agreement within said time, the City may declare the bidder's security forfeited, and it may award the work to the next lowest bidder, or may call for new bids. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses to execute the contract, the City may award the contract to the third lowest responsible bidder to execute the contract; such bidder's securities shall be likewise forfeited to the City. INSURANCE AND BONDS : The Contractor shall not begin work under the Agreement until it has given the City evidence of comprehensive public liability insurance and Workers' Compensation Insurance coverage. The successful Contractor shall also furnish two (2) bonds required by the State Contract Act. Each of the said bonds shall be executed in a sum equal to the contract price. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor, and the other said bond shall secure the payment of claims for labor and material. TELEPHONES : Bidders are hereby notified that City will not provide telephones for their use at the time of receipt of bids. INTERPRETATION OF PLANS AND DOCUMENTS : If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications, he or she may submit to the DIRECTOR OF PUBLIC WORKS a written request for an interpretation or correction by 5:00 p.m., Monday April 10, 2023. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract document will be made only by an Addendum duly issued, and a copy of such Addendum will be mailed, delivered or faxed to each person receiving a set of the contract documents, no later than 2:00 p.m., Wednesday April 19, 2023. No oral interpretation of any provision in the contract documents shall be binding. SALES AND/OR USE TAXES : Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, state or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor. B-16 --- SPC22-25 GP - 1 GENERAL PROVISIONS Section I A. PROJECT PROVISIONS 1 – UNITS OF MEASURE The U.S. Standard Measures also called U.S. Customary System is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents. The project provisions applicable to this contract shall be those set forth in the 2021 Standard Specifications for Public Works Construction, including all supplements, published by Building News, Inc., 990 Park Center Drive, Suite E, Vista, California 92081 hereinafter referred to as "Standard Specifications." The Standard Specifications are referred to and by this reference are made a part hereof as though set forth at length. The Contractor is required to comply with the Standard Specifications in addition to the conditions set forth in these General Provisions and Special Provisions. B. AWARD OF BID AND EXECUTION OF CONTRACT 1 – DECISION AS TO WHICH CONTRACTOR IS THE LOWEST RESPONSIBLE BIDDER All bidders must submit with their proposals satisfactory evidence that they are capable of performing the work in accordance with plans and specifications. The Director of Public Works may require any bidder bidding on any public improvement to submit experience records covering a three-year period. The City Council may reject the bid of any bidder who has been delinquent or unfaithful in the performance of any previous contract work. The decision of the City Council as to which bidder is considered the "lowest responsible bidder" will be based not only on the actual amount of the bid, but also on the relative competence and experience of the bidders, with particular regard to the quality performance of any work done by them for the City or other entity in the past, and such decisions shall be final and binding upon all parties. 2 – NON-COLLUSION AFFIDAVIT The Contractor shall execute and return a "Non-collusion Affidavit" with its bid in the form attached herein. 3 – EXECUTION OF THE CONTRACT The contract, in the form set forth in the Contract Section shall be executed by the successful bidder in accordance with the Instruction for Execution of Documents, and returned to the City for execution by the City, and shall be accompanied by bonds as described in paragraph I-B-4 and the evidence of insurance required by paragraph I-B-5, all within fifteen (15) calendar days from the date written notice of the award is mailed to bidder. No bidder proposal shall be considered binding upon the City until such time as it has been executed by the City. B-17 SPC22-25 GP - 2 4 – CONTRACT BONDS The successful bidder shall furnish to the City at his own expense two surety bonds. One bond shall be in the amount of 100 percent of the contract price in the form set forth in the Contract Section to guarantee faithful performance of the contract work. The other bond, in an amount not less than 100 percent of the contract price in the form set forth in the Contract Section shall be furnished to secure payment of those supplying labor and materials as required by the California Civil Code. Each bond shall be executed in accordance with the instruction set forth in the Proposal Section and each bond shall be executed by a California admitted surety insurer acceptable to, and approved by the City Attorney. 5 – INSURANCE The Contractor shall at all times, during the term of this contract, carry, maintain and keep in full force and effect, a policy or policies of comprehensive public liability insurance with an insurance company admitted to write insurance in California, or carriers with a rating of, or equivalent to, A:VII by A. M. Best & Company to, and approved by, the Director of Public Works and City Attorney, within minimum limits of Five Million Dollars ($5,000,000.00) combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the Contractor, together with an endorsement in substantially the form set forth in the Contract Section attached hereto. The Contractor shall also at all times during the term of this contract carry, maintain and keep in full force and effect a policy or policies of Workers' Compensation insurance and shall provide to the City evidence of such coverage in the form set forth herein. 6 – COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT All Contracts shall conform with the provisions of Sections 4100 through 4114, inclusive, of the Public Contract Code, as amended, concerning subcontractors and subcontracts. 7 – REJECTION OF BIDS Proposals may be rejected by the City Council where, upon evidence of a prior performance of the bidder, the City Council has made a finding that the bidder is not a responsible bidder because of unsatisfactory performance within the past three (3) years with the City or with other public entities. The City reserves the right to reject any or all bids and to waive any irregularity or informality in any bid to the extent permitted by law. C. LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY 1 – LAWS TO BE OBSERVED The Contractor shall keep himself or herself fully informed on all existing and pending State and national laws and all municipal ordinances and regulations of the City, which in any manner affect those employed in the work, or the material used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having jurisdiction or authority over the same. The Contractor shall particularly observe all ordinances of the City in relations to the obstruction of streets or conduct of the work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. B-18 SPC22-25 GP - 3 2 – SOCIAL SECURITY REQUIREMENTS The Contractor shall furnish to the City satisfactory evidence that he and all subcontractors working for him are complying with all requirements of the Federal and State Social Security legislation. The Contractor, at any time on request, shall satisfy the City that the Social Security and Withholding taxes are being properly reported and paid. 3 – PREVAILING WAGES In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director of the Department of Industrial Relations of the State of California has ascertained the general prevailing rate of wages applicable to the work to be done under contract for public improvement. The Contractor will be required to pay to all those employed on the project sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1 and 1776." A copy of said documents is on file and may be inspected in the office of the Director of Public Works. The Contractor shall post a copy of the prevailing wage rates at each job site. 4 – PENALTIES The Contractor shall comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 5 – WORKING HOURS The Contractor shall forfeit, as penalty to the City, the sum of twenty-five ($25.00) dollars for each worker employed in the execution of the contract by Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than forty (40) hours in any one calendar week, in violation of the provisions of Article 3, Chapter 1, Part 7, Division 1 of the Labor Code (Section 1810 et. seq.) 6 – APPRENTICES Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under Contractor. It shall be Contractor's responsibility to ensure that all persons shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Department of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. B-19 SPC22-25 GP - 4 7 – REGISTRATION OF CONTRACTORS Only a Contractor licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code shall be permitted to enter into a contract with the City for any public improvements. 8 – PERMITS AND LICENSES The Contractor shall procure all permits and licenses, (including a Rancho Palos Verdes business license), pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. 9 – PATENTS The Contractor shall assume all responsibility arising from the use of any patented, or allegedly patented materials, equipment, devices or processes used on or incorporated in the work, and shall defend, indemnify, and hold harmless the City, and each of its officers, agents, and employees from and against any and all liabilities, demands, claims, damages, losses, costs, and expenses, of whatsoever kind or nature, arising from such use. 10 – INDEMNITY The Contractor agrees to indemnify and hold harmless the City and others and to waive subrogation as set forth in the Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution executed concurrently herewith, a copy of which is attached hereto and incorporated herein by this reference. 11 – NOTICE The address given in the Contractor's proposal is the place to which all notices to the Contractor shall be mailed or delivered. The mailing to or delivering at the above named place of any notice shall be deemed sufficient service thereof upon the Contractor, and the date of that service shall be the date of such mailing or delivery. Such address may be changed at any time by written notice signed by the Contractor and delivered to the Director of Public Works. 12 – CONTRACTOR'S RESPONSIBILITY FOR WORK Until the final acceptance of the work by the City, by written action of the Director of Public Works, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence of willful misconduct of the City, its officers, agents or employees. In the case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the protection of work already completed and shall properly store and protect them if necessary and shall provide suitable drainage and erect temporary structures where necessary. 13 – MAINTENANCE AND GUARANTEE (a) The Contractor hereby guarantees that the entire work constructed by Contractor under the contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make at Contractor's own expense any repairs or replacements made B-20 SPC22-25 GP - 5 necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these specifications, including any test requirements set forth herein for any part of the project or work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the Director of Public Works. The Contractor and Contractor's sureties shall be liable to the City for the cost thereof. (b) The guarantees and agreements set forth in subsection (a) shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the work, by the Director of Public Works, as provided in Subsection 6-8 of the Standard Specifications. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies admitted in the State of California and satisfactory to the City, in the amount of 100 percent of the contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the contract to remain in force and effect for said amount until the expiration of said one (1) year period. 14 – COOPERATION The Contractor is hereby notified that additional work within the work site may be scheduled during the course of this contract. The Contractor shall cooperate with these and other projects in accordance with Sections 2-4 Standard Specifications. Compensation for compliance shall be included in the various items of work, and no additional compensation shall be allowed therefor. D. PROSECUTION AND PROGRESS OF THE WORK 1 – WORK SCHEDULE Prior to the Notice to Proceed, the Contractor shall submit a work schedule to the Director of Public Works or his authorized representative for approval. Said schedule must show the dates of the expected start and completion of the various items of the contract work. The final schedule will be used as a controlling document throughout the construction period. The contents required within the schedule are outlined in Special Provisions, Section II, Part B.1-General. 2 – SUBLETTING AND ASSIGNMENT The Contractor shall give Contractor's personal attention to the fulfillment of the contract and shall keep the work under Contractor's control. The Contractor shall not assign, transfer nor sublet any part of the work without the written consent of the City by the Director of Public Works or his authorized representative and of the surety of the Contractor's bond, and such consent of Surety, together with a copy of the subcontract, shall be filed with the Director of Public Works. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of Contractor's liabilities under the contract. Subcontractors shall not be recognized as such, and all persons engaged in the project will be considered as employees of the Contractor, their work being subject to the provisions of the contract and the specifications. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the Director of Public Works or his authorized representative, said subcontractor shall be removed immediately B-21 SPC22-25 GP - 6 from the project upon request by the Director of Public Works, shall not again be employed on the work, and the Contractor shall be held liable for the deficient work. The Contractor shall submit to the City a list with the names, addresses and telephone numbers of all subcontractors who will work under Contractor. 3 – CHARACTER OF WORKERS The Contractor shall employ none but competent foremen, laborers and mechanics. Any overseer, superintendent, laborer or other person employed on the work by the Contractor who is intemperate, incompetent, troublesome or otherwise undesirable, or who fails or refuses to perform the work in the manner specified herein, shall be removed from jobsite immediately and such person shall not again be employed on the work. 4 – AGENTS OR FOREMAN In the absence of the Contractor from the site of the project, even if such is only of a temporary duration, Contractor must provide and leave at the site a competent and reliable English-speaking agent or foreman in charge. All notices, communications, orders or instructions given, sent to, or served upon, such agent or foreman by the Director of Public Works shall be considered as having been served upon the Contractor. 5 – TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES The Director of Public Works shall have the authority to suspend the contract work, wholly or in part, for such a period of time as the Director may deem necessary, due to unsuitable weather, or to such other conditions as the Director considers unfavorable for the proper prosecution of the work, or for such time as the Director may deem necessary due to failure on the part of the Contractor or Contractor's workers to carry out orders or to perform any of the requirements of the contract. The Contractor shall immediately comply with such an order from the Director of Public Works and shall not resume operations until so ordered in writing. 6 – TIME OF COMPLETION AND LIQUIDATED DAMAGES If all the contract work is not completed in all parts and requirements within the time specified in the contract documents, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors, of subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, delays of subcontractors due to such causes, or work suspensions directed by the Director of Public Works or his authorized representative provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, if any, and the finding thereon shall be final and conclusive. If the City deems it appropriate to assess the contractor liquidated damages, such damages shall be in the amount of $5,000 per day. 7 - SUSPENSION OF CONTRACT If at any time, in the opinion of the Director of Public Works, the Contractor fails to supply an adequate working force, manufactured articles, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in any by the terms of the contract, notice thereof in writing will be served upon Contractor, and should B-22 SPC22-25 GP - 7 Contractor neglect or refuse to provide means for a satisfactory compliance with the contract within the time specified in said notice and as directed by the Director of Public Works, the Director of Public Works shall have the power to suspend the operation of the contract and discontinue all work or any part thereof, subject to review by the City Council. Thereupon the Contractor shall discontinue such work, or such part thereof as the City may designate, and the City may thereupon, by contract or otherwise, as it may determine, complete the work or such part thereof, and charge the entire expense of so completing the work or any part there of to the Contractor, and for such completion the City itself or its Contractors may take possession of and use, or cause to be used in the completion of the work, or any part thereof, any such materials, implements and tools of every description as may be found at the place of such work. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the contract, or any part thereof, and in such accounting the City shall not be held to obtain the lowest figure for the work for completing the contract, or any part thereof, or for ensuring its proper completion, but all sums paid therefor shall be charged to the Contractor. In case the expenses so charged are less than sum which would have been payable under the contract, if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference, and in case such expense shall exceed the amount payable under the contract, then the Contractor shall pay the amount of the excess to the City, upon completion of the work, without further demand being made therefor. In the determination of the question as to whether or not there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. E. MEASUREMENT AND PAYMENT 1 – MEASUREMENT AND PAYMENT Measure of the quantities of work and payments therefor shall be in accordance with Section 9 of the Standard Specifications. In accordance with Subsection 7-3 of the Standard Specifications, the monthly payment date shall be the last calendar day of each month. A measurement of work performed and a progress estimate of the value thereof based on the contract and of the monthly payment shall be prepared by the Contractor and submitted to the Director of Public Works or his authorized representative before the tenth day of the following month for verification and payment consideration. 2 – FINAL INVOICE AND PAYMENT Whenever in the opinion of the Director of Public Works, the Contractor shall have completely performed the contract, the Director of Public Works or his authorized representative shall notify the City Clerk that the contract has been completed in its entirety. The Contractor shall then submit to the Director of Public Works or his authorized representative for approval, a written statement of the final quantities of contract items for inclusion in the final invoice. Upon receipt of such statement, the Director of Public Works or his authorized representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which in the Director of Public Works' opinion shall be just and fair, covering the amount and value of the total amount of work done by the Contractor, less 10 percent (10 percent) of the total work done. The Director of Public Works shall then request that the City accept the work and that the City Clerk be authorized to file, on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. B-23 SPC22-25 GP - 8 On the expiration of thirty-five (35) days after the date of recording the Notice of Completion, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the invoice all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract, and shall release the Faithful Performance Bond and Labor and Material Bond. The Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the Owner as provided in California Public Contract Code Section 22300. No such substitution shall be accepted until all documents related to such substitution are reviewed and found acceptable by the Owner's attorney. 3 – EXTRA WORK Extra work, when ordered in writing by the Director of Public Works or his authorized representative and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheets prepared for the Director of Public Works or his authorized representative, furnished by the Contractor, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. The first sentence of Subsection 7-4.2.1 Labor, of the Standard Specifications, is hereby deleted and replaced with the following: The costs of labor will be the actual cost of wages of workers performing the extra work at the time the extra work is done, plus the applicable labor surcharge as set forth in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates,” which is in effect on the date upon which the work is accomplished, as well as assessments or benefits required by lawful collective bargaining agreements. 4 – UNPAID CLAIMS If upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within which claims of lien may be filed for record as prescribed by the Code of Civil Procedure of the State of California, any person or persons claiming to have performed any labor or furnished any materials, supplies or services towards the performance of completion of this contract or if they have agreed to do so, shall file with the City a verified statement of such claim, or if any person shall bring against the City or any of its agents any action to enforce such claim, the City shall until the discharge thereof, withhold from the moneys that are under its control, as much as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the cost thereof; provided, that if the City shall in its discretion permit the Contractor to file such additional bond as is authorized by the Code of Civil Procedure in a penal sum equal to one and one-quarter times the amount of said claim, said money shall not thereafter be withheld on account of such claim. 5 – ACCEPTANCE The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty here in above. The Contractor agrees that payment of the amount due under the contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the B-24 SPC22-25 GP - 9 City, the City Council and its officers and employees from any and all claims or liability on account of work performed under the contract or any alteration thereof. F. CONTROL OF WORK 1 – AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS The Director of Public Works shall decide any and all questions that may arise as to the quality and acceptability of materials furnished and work performed as to the manner of performance and rate of progress of the work, and any and all questions which may arise as to the interpretation of the plans and specifications. The Director of Public Works shall likewise decide any and all questions as to the acceptable fulfillment of the contract on the part of the Contractor, and all questions as to claims and compensations. The decision of the Director of Public Works shall be final, and he shall have relative authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly. For the purposes of routine and normal supervision and coordination of work, the Director of Public Works is the City's authorized representative for all work within the scope of this agreement. 2 – CONFORMITY WITH PLANS AND ALLOWABLE VARIATION Finished surfaces shall in all cases conform with the lines, grades, cross-sections and dimensions shown on the plans. Minor deviations from approved plans, whenever required by the exigencies of construction, shall be determined in all cases by the Director of Public Works and authorized in writing. All such deviation shall be recorded on “as–built” plans and submitted to the Director of Public Works or his authorized representative, upon project completion. 3 – PROGRESS OF THE WORK The Contractor’s working days shall begin on the date stated in the Notice To Proceed which will be issued following the scheduling conference. The Contractor shall diligently prosecute the work to completion before the expiration of the time limit appearing in the specifications. 4 – SAMPLES The Contractor shall furnish all products and materials required to complete the work. All materials and products must be of the specified quality and fully equal to samples, when samples are required. Whenever required, the Contractor shall submit to the Director of Public Works or his authorized representative for test, and free of charge, samples of any one of the materials or products proposed to be used in the work. Said samples shall be delivered by the Contractor to the place within the City designated by the Director of Public Works. Rejected materials must be immediately removed from the work by the Contractor and shall not again be brought back to the site. 5 – TRADE NAMES AND ALTERNATIVES For convenience in designation on the plans or in the specifications, certain equipment or articles or materials to be incorporated in the work may be designated under a trade name of manufacturer and the catalog information. The use of an alternative equipment or an article or equipment which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the approval of the Director of Public Works or his authorized B-25 SPC22-25 GP - 10 representative, in accordance with the following required by Section 3400 of the Public Contract Code of the State of California: The burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and Contractor shall furnish, at Contractor's own expense, all information necessary or related thereto as required by the Director of Public Works or his authorized representative. The Director of Public Works shall be the sole judge as to the comparative quality and suitability of alternative equipment or articles or materials and the Director's decision shall be final. All requests for substitution shall be submitted, together with all documentation necessary for the Director to determine equality, within 20 days following the award of the contract. 6 – PROTECTION OF WORK The Contractor shall continuously maintain adequate protection of all Contractor's work from damage, and the City will not be held responsible for the care or protection of any material, equipment or parts of work, except as expressly provided for in the specifications. 7 – CONFLICT OF TERMS The notice to bidders, proposal, plans, specifications and General Provisions are essential parts of the contract for a given project. These documents, together with the necessary bonds and bidder's guarantee, constitute the contract as defined herein, and a requirement included in one document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the work to be done. Should there be any conflict or discrepancy between terms used, then the specifications shall govern over plans, and change orders and supplemental agreements shall govern over any other contract document. 8 - INTERPRETATION OF PLANS AND SPECIFICATIONS Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the plans or in the specifications, the Contractor shall request the Director of Public Works or his authorized representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the contract, so far as may be consistent with the intent of the original specifications. In the event or doubt of questions relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be final. 9 – INCREASES AND DECREASES OF THE WORK TO BE DONE The City reserves the right to increase or decrease the quantity of any item or portion of the work described on the plans, the specifications or the proposal form or to omit portions of the work so described, as may be deemed necessary or expedient by the Director of Public Works and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. 10 – ALTERATIONS OF THE WORK TO BE DONE By mutual consent of the parties signatory to the contract, alterations, modifications or deviations from the type of work may be described on the plans, specifications or on the proposal form may be made without in any way making the contract void. The price to be paid by the City to the Contractor for such altered or modified work shall be agreed upon in writing, endorsed upon the original contract and signed by the proper parties to said contract. B-26 SPC22-25 GP - 11 Whenever, during the progress of the work, such changes or modifications are deemed necessary by the Director of Public Works and agreed upon, as aforesaid, said deviations shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original contract. 11 – EXTRA WORK New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears on the proposal form. The Contractor shall not do any extra work except upon written order from the Director of Public Works or his authorized representative. Compensation for such extra work shall be previously agreed upon in writing between the Contractor and the Director of Public Works or his authorized representative. 12 – PUBLIC UTILITIES (a) All of the existing utility facilities except those to be relocated as shown on the plans will remain in place and the contractor will be required to work around said facilities. In case it should be necessary to remove the property of a public utility or franchise, such owner will, upon proper application by the Contractor, be notified by the Director of Public Works or his authorized representative to move such property within a reasonable time, and the Contractor shall not interfere with said property until after the expiration of the time specified. The right is reserved to the owners of public utilities or franchises to enter upon the project site for the purpose of making repairs or changes in their property which may be necessary as a result of the work. The Contractor shall also schedule and allow adequate time for those relocations or modifications necessary for the project by the respective utility owners. Employees and agents of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements. (b) The Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison secondary, primary and transition facilities. The term "qualified person" shall mean one, who by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by any subcontractors. 13 – PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at Contractor's own cost, free of charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the proposal form and specifications, and found necessary during the process of construction, (but not due to damage resulting from carelessness on the part of the Contractor during Contractor's operation), shall be paid to the Contractor at the unit prices submitted in his bid. For the purposes of this contract, all curb termination stub-outs for traffic signal detectors are considered existing improvements. Existing curb termination stub- outs damaged as a result of work required by the Plans and Specifications shall be replaced by the Contractor at no cost to the Agency. B-27 SPC22-25 GP - 12 14 – REMOVAL OF INTERFERING OBSTRUCTIONS The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it is understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing work. 15 – QUALITY OF MATERIAL Materials shall be new, and of specified kind and quality, and fully equal to samples when samples are required. When the quality or kind of material or articles shown required under the contract is not particularly specified, the Contractor shall estimate that the City will require articles and materials representing the best of their class or kind or at least equal to the class or quality of similar articles or materials when specified. Materials shall be furnished in such quantities and kinds and at such times as to ensure uninterrupted progress for the work. They shall be stored properly and protected as required. The Contractor shall be entirely responsible for damage or loss by weather or any other cause. 16 – REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK It is the intent of the specifications that only first-class work, materials and workmanship will be acceptable. All work which is defective in its construction or deficient in any of the requirements of the specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the lines shown on the plans or established by the Director of Public Works or his authorized representative, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply forthwith with any order of the Director of Public Works made under the provisions of this paragraph, the Director of Public Works shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the work is found to be in compliance with these specifications, the Director of Public Works will furnish the Contractor with a certificate to that effect. 17 – SUPERVISION All manufactured products, materials and appliances used and installed, and all details of the work shall at all times be subject to the supervision, test and approval of the Director of Public Works or his authorized representatives. The Director of Public Works or his authorized representatives shall have access to the work at all times during construction and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials used or employed in the work. Whenever the Contractor varies the period during which work is carried on each day, he shall give adequate notice to the Director of Public Works or his authorized representative so that proper inspection may be provided. Any work done in the absence of the Director of Public Works or the Director of Public Works' agent will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been accepted or estimated for payment. B-28 SPC22-25 GP - 13 The Contractor shall prosecute work on any State highway or with any railroad right-of-way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit. 18 – SOIL COMPACTION TESTING Any soil compaction testing and certification shall be certified by a Geotechnical Engineer and provided and paid for by the City. 19 – PRESERVATION OF PROPERTY Existing improvements in areas adjoining the property whereon demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage. In like manner any building, structure, tree, shrub, or other item designated for preservation on the property where demolition and removal is being performed shall be similarly protected and preserved. 20 – DUST CONTROL The Contractor shall provide such dust laying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the Director of Public Works or his authorized representative to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect from the City for any loss of time or expense sustained by him due to such suspension of work. 21 – SELECTED MATERIALS Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation. 22 – SURPLUS MATERIALS The Contractor shall furnish written consent from the owner of the property where it is intended to dispose of the surplus material. Surplus excavation shall become the property of the Contractor. 23 – CLEAN UP During all phases of construction, the Contractor shall maintain a clean work site; the Contractor shall be responsible for the removal and disposal of all concrete, asphalt, tree roots, and any other debris resulting from the work performed on a daily basis. Full compensation for clean up shall be considered as included in the prices for the various contract items. B-29 SPC22-25 GP - 14 24 – EQUIPMENT REQUIREMENTS The Contractor shall provide a lead car with a "Wide Load" warning sign to lead the movement of any equipment exceeding 7 feet in maximum horizontal dimension over any street to the location of the scheduled work site. Equipment will be subject to a fine of one hundred dollars for each violation as determined by the Director of Public Works or his authorized representative. Any other violations shall be subject to the vehicle code of the State of California. Full compensation for the cost of furnishing the lead vehicles and adhering to the requirements of this section shall be considered as included in the prices for the various contract items of work, and no additional compensation will be allowed therefor. 25 – PROTECTION OF WORK AND PUBLIC The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged parts of the project as a result of vandalism (i.e., vehicle tracks, footprints, writing, etc.) and will respond to alleged damage to private property and/or vehicles within twenty four (24) hours of notification. If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these Special Provisions. 26 – SPRINKLER SYSTEMS Any sprinkler system damaged during the contract shall be repaired by the Contractor at no additional cost within 24 hours of notification. If not completed within said limit, the City shall have the authority to complete such work and deduct cost plus 20 percent administration thereof from any moneys due or to become due to the Contractor. 27 – CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified superintendent, who shall not be replaced without written notice to the Director of Public Works or his authorized representative except under extraordinary circumstances. The Contractor’s superintendent shall be present at the site of the work at all times while work is in progress. The Superintendent’s sole duties shall be to supervise a full work crew and coordinate activities pertaining any work performed by the Contractor or its subcontractors including, but not limited to street resurfacing operations, street patching, concrete repairs, crack sealing, striping and marking, including traffic control and public notifications. Failure to observe this requirement shall be considered as suspension of the work by the Contractor until such time as such superintendent is again present at the site. The Director of Public Works or his authorized representative shall have the right, at any time, to direct a change in the Contractor’s superintendent, if the performance is unsatisfactory, as determined by the Director of Public Works or his authorized representative, in its sole discretion. The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified project manager, who shall not be replaced without written notice to the Director of Public Works or his authorized representative except under extraordinary circumstances. The Contractor’s project manager shall be responsible for overall administration and coordination of the work including, but not limited to processing of schedules, discussion of change orders and extra work and coordination and distribution of the Daily Reports. The Director of Public Works or his authorized representative shall have the right, at any time, to direct a change in the Contractor’s project manager, if the performance is B-30 SPC22-25 GP - 15 unsatisfactory, as determined by the Director of Public Works or his authorized representative, in its sole discretion. The Contractor’s Superintendent shall have a working multi frequency two-way radio with adequate range for Citywide communication on him/her at all times during the course of the project. The Contractor shall provide to the City’s Construction Observers, a small portable working, multi frequency two-way radio compatible for communication with that of the Contractor’s Superintendent’s communication device and a charger. The Contractor shall also provide to each of the City’s Construction Observers a portable cellular telephone, two cell telephone batteries and charger and pay for service for the duration of the project. The Contractor shall only choose a carrier that has adequate coverage in the area. All telephone calls will only be project related. Failure to observe this requirement shall be considered as suspension of the Work by the Contractor until such time as said radio communication is re-established. The cost for furnishing radios and phones shall be considered as included in the bid price paid for the various contract items of work, no additional compensation will be made therefor. Said radios and cellular telephones will be returned to the Contractor after the completion of the project. The City will endeavor to safeguard the Contractor’s communication devices but assumes no responsibility or liability for any possible damage to the cellular telephones or radios. 28 – WORK AFTER REGULAR HOURS If the Contractor performs any work after regular working hours, or work in excess of 8 hours a day, or on Saturday, Sunday, or any legal holiday and if approved by the City, the Contractor shall pay the City any additional cost incurred by the City as a result of such work. The definition of “work after regular working hours” outside the work hours specified in Special Provisions, Section II, Part A-20 Work Hours. Additional costs shall include but not be limited to construction observation and engineering services. Some rates for Construction Observation/Engineering Services for work after regular hours are as follows: Project Manager $195.00/Hr. Senior Resident Engineer $125.00/Hr. Resident Engineer $157.00/Hr. Construction Observer $119.00/Hr. Any of the additional costs incurred by the City due to after hours work by the Contractor will be deducted from any monies due or to become due to the Contractor. 29 – CONTRACTOR’S DAILY REPORTS The Contractor shall complete consecutively numbered legible daily reports indicating the number of people working, their names, a narrative description of work performed, the individual locations of the work, serviceable major equipment in use, serviceable major equipment idled, serviceable major equipment down for repairs, sub-contractors working at site, weather conditions, temperature, start time, finish time, and the date. The Contractor’s Superintendent shall sign each report. The daily report shall be completed on forms prepared by the Contractor and acceptable to the Director of Public Works or his authorized representative. The City will provide a sample format for the daily report at the preconstruction conference. The Contractor shall distribute copies to the Construction Observers and the Director of Public Works or his authorized representative at either the conclusion of each workday or prior to the start of work the next day. No progress payments will be processed or made to the Contractor unless all daily reports are completed to the date of submittal of application for payment. B-31 SPC22-25 GP - 16 30 – REQUEST FOR WORKING DAYS The Contractor shall notify the Director of Public Works or his authorized representative separately in writing within 7 calendar days after the occurrence of a delay, when the Contractor believes that it is entitled to an additional working day per any day the Contractor is prevented from working at the beginning of the workday, for cause defined in Section 6-4.1 of the Standard Specifications, or any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-4.1 of the Standard Specifications. The Contractor’s failure to give written notice in the time period specified above shall constitute a waiver of all claims for an additional work day, whether direct or consequential in nature and that day will be counted as a working day. Upon receipt of the Contractor’s written request, the Director of Public Works or his authorized representative will then make a determination of whether the day or days the Contractor is requesting shall be counted as working days. 31 – DEFECTIVE MATERIALS All materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials shall be removed immediately from the site of the work unless otherwise permitted by the Director of Public Works or his authorized representative. Upon failure on the part of the Contractor to comply with any order by the Director of Public Works or his authorized representative made under the provisions of this article, the Director of Public Works shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due to the Contractor. 32 – SOUND AND VIBRATION CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor. 33 – AIR POLLUTION CONTROL Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate the contents, fully complying with the applicable material requirements. 34 – FINAL CLEANING UP Upon completion of the project and before making application to the Director of Public Works or his authorized representative for acceptance of the work, the Contractor shall clean all the streets and ground occupied by Contractor in connection with the project, of all rubbish, debris, excess material, temporary structures and equipment, leaving the entire site of the work in a neat and presentable condition. 35 – CONTRACTOR’S REQUEST FOR FINAL INSPECTION When the Contractor believes all the contract work is complete in all parts and requirements, the Contractor will notify the Director of Public Works or his authorized representative in writing B-32 SPC22-25 GP - 17 through a certificate of completion form which will be provided to the Contractor at the preconstruction conference. After the City receives the Contractor’s certificate of completion, the Director of Public Works or his authorized representative will review the Contractor’s work for substantial performance with the contract documents. If the Director of Public Works or his authorized representative deems the work substantially performed, the Public Works Director will prepare a list of any minor remaining items of work to be completed. The Contractor shall complete all work on the list to the satisfaction of the Director of Public Works or his authorized representative within 30 calendar days after the date of the list or the Contractor waives any and all claims to all monies with held by the City under the Contract to cover the value of all such uncompleted or uncorrected items, including any additional engineering, administration, or inspection costs. If the work was not substantially performed, working days will continue to accrue against the Contractor. 36 – RESOLUTION OF PUBLIC WORKS CLAIMS This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the contractor, for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as through fully set forth herein. 37 – TRENCHES AND EXCAVATIONS In accordance with Public Contract Code Section 7104, whenever the digging of trenches or other excavations extend deeper than 4 feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that 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. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract. In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Where applicable, Contractor shall comply with the trench or excavation permit requirement found in Labor Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705. B-33 SPC22-25 GP - 18 38 – CONSTRUCTION AND DEMOLITION MATERIALS RECYCLING REQUIREMENTS Subsection 7-15 is hereby added to the Standard Specifications: PART 1 GENERAL 7-15.1.1 SUMMARY A. This Section Includes the Following: Procedures for ensuring optimal diversion of construction waste materials generated by the Work within the limits of the Construction Schedule and Contract Sum. 1. Assembly Bill 939, California Solid Waste Management Act, requires that localities throughout the state develop source reduction, re-use, recycling, and composting programs, to reduce the tonnage of solid waste disposed in landfills 50% by the year 2000. Construction waste materials generated by the Work are targeted to achieve these diversion rates. 2. The Work of this Subcontract shall provide for a minimum of 50% by weight of the solid resources generated in the Work to be diverted from landfill disposal through a combination of re-use and recycling activities. 3. This section includes requirements for submittal of C&D Materials Management Plan prior to the commencement of the Work and Subcontractor’s quantitative reports for construction waste materials generated by the Contractor a condition of approval of progress payments submitted to the Contracting Officer. 7-15.1.1 DEFINITIONS A. Class III Landfill. A landfill that accepts non-hazardous waste such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the California Integrated Waste Management Board (CIWMB) and is regulated by the Enforcement Agency (EA). B. Construction and Demolition Debris. Building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not limited to, asphalt concrete, Portland cement concrete, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. The debris may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. C. C&D Recycling Center. A facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than 10% of the amount separated for reuse by weight. B-34 SPC22-25 GP - 19 D. Disposal. Final deposition of construction and demolition or inert debris into land, including stockpiling onto land of construction and demolition debris that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days; and construction and demolition debris that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year, or stockpiling onto land of inert debris that is for a period of time greater than one year. E. Enforcement Agency (EA). Enforcement agency as defined in Public Resources Code 40130. F. Inert Disposal Facility or Inert Waste Landfill. A disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal. G. Mixed Debris. Loads that include commingled recyclable and non-recyclable materials generated at the construction site. H. Mixed Debris Recycling Facility. A processing facility that accepts loads of commingled construction and demolition debris for the purpose of recovering re- usable and recyclable materials and disposing the non-recyclable residual materials. I. Recycling. The process of sorting, cleansing, treating and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating or thermally destroying solid waste. J. Reuse. The use of a material that might otherwise be discarded, in the same or similar form as it was produced. K. Separated for Reuse. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been “source separated”. L. Solid Waste. Refer to Public Resources Code Section 40191. M. Source-Separated. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream at the point of generation, for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. N. Waste Hauler. A company that possesses a valid permit from the City of Rancho Palos Verdes to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal. B-35 SPC22-25 GP - 20 7-15.1.2 SUBMITTALS (see Appendix for submittal form and other information) A. C&D Materials Management Plan 1. Review Contract Documents and estimate the types and quantities of materials under the Work that are anticipated to be feasible for on-site processing, source separation for re-use or recycling. Indicate the procedures that will be implemented in this program to effect jobsite source separation, such as, identifying a convenient location where dumpsters would be located, putting signage to identify materials to be placed in dumpsters, etc. 2. Refer to the attached list or access the Los Angeles County website at www. http://www.ladpw.org/epd/brtap/recyclingsite/index.cfm for a list of local reuse and recycling organizations and companies. 3. Prior to commencing the Work, submit the C&D Materials Management Plan and Estimate. Submit on forms attached hereto. C&D Materials Management Plan and Estimate must include, but not be limited to the following: a. Contractor’s name and project identification information; b. Procedures to be used; c. Materials to be re-used and recycled; d. Estimated quantities of materials; e. Names and locations of re-use and recycling facilities/sites; f. Tonnage calculations that demonstrate that Subcontractor will re-use and recycle a minimum 50% by weight of the construction waste materials generated in the Work. 4. Contractor’s C&D Materials Management Plan and Estimate must be approved by the Contracting Officer prior to the Start of Work. 5. Contractor’s C&D Materials Management Plan and Estimate will not otherwise relieve the Contractor of responsibility for adequate and continuing control of pollutants and other environmental protection measures. B. C&D Materials Disposition Summary 1. Submit C&D Materials Disposition Summary on the form attached with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. If applicable, include manifests, weight tickets, receipts, and invoices specifically identifying the Project for re-used and recycled materials: a. On-site crushing of asphalt and concrete for use off-site. b. Reuse of building materials or salvageable items. c. Source separated recycling facilities. d. Mixed debris recycling facilities. e. Recycling of material, including soils, as landfill alternative daily cover. B-36 SPC22-25 GP - 21 f. Delivery of soils or mixed inerts to an inert landfill or other use. g. Disposal of soils or other materials at a landfill or transfer station. h. Other (describe). C. C&D Materials Disposition Summary must quantify all materials generated in the Work, disposed in Class III Landfills, or diverted from disposal through recycling. Indicate zero (0) if there is no quantity to report for a type of material. As indicated on the form: 1. Report disposal or recycling either in tons or in cubic yards: if scales are available at disposal or recycling facility, report in tons; otherwise, report in cubic yards. Report in units for salvage items when no tonnage or cubic yard measurement is feasible. 2. Indicate locations to which materials are delivered for reuse, salvage, recycling, accepted as daily cover, inert backfill, or disposal in landfills or transfer stations. 3. Provide legible copies of weigh tickets, receipts, or invoices that specifically identify the project generating the material. Said documents must be from recyclers and/or disposal site operators that can legally accept the materials for the purpose of re-use, recycling, or disposal. a. Indicate project title, project number, progress payment number, name of the company completing the Summary Report and compiling backup documentation, the printed name, signature, and daytime phone number of the person completing the form, the beginning and ending dates of the period covered on the Summary Report, and the date that the Summary Report is completed. PART 2 PRODUCTS (Not used.) PART 3 EXECUTION 7-15.3.1 SALVAGE, RE-USE, RECYCLING AND PROCEDURES A. Identify re-use, salvage, and recycling facilities: Refer to the attached list, or access the Los Angeles County website at www.ladpw.org/epd for a list of local organizations and companies. B. Develop and implement procedures to re-use, salvage, and recycle new construction and excavation materials, based on the Contract Documents, the C&D Materials Management Plan, estimated quantities of available materials, and availability of recycling facilities. Procedures may include on-site recycling, source separated recycling, and/or mixed debris recycling efforts. 1. Identify materials that are feasible for salvage, determine requirements for site storage, and transportation of materials to a salvage facility. B-37 SPC22-25 GP - 22 2. Source separate new construction, excavation and demolition materials including, but not limited to the following types: a. Asphalt. b. Concrete, concrete block, slump stone (decorative concrete block), and rocks. c. Red Clay Brick. d. Soils. e. Other materials, as appropriate, such as wood and corrugated cardboard. 3. Develop and implement a program to transport loads of mixed (commingled) new construction materials that cannot be feasibly source separated to a mixed materials recycling facility. 7-15.3.2 DISPOSAL OPERATIONS AND WASTE HAULING A. Legally transport and dispose of materials that cannot be delivered to a source separated or mixed recycling facility to a transfer station or disposal facility that can legally accept the materials for the purpose of disposal. B. Use a permitted waste hauler or Subcontractor’s trucking services and personnel. To confirm valid permitted status of waste haulers, contact the City of Rancho Palos Verdes Public Works Department at (310) 544-5245. C. Become familiar with the conditions for acceptance of new construction, excavation and demolition materials at recycling facilities, prior to delivering materials. D. Deliver to facilities that can legally accept new construction, excavation and demolition materials for purpose of re-use, recycling, composting, or disposal. E. Do not burn, bury or otherwise dispose of solid waste on the project job-site. 7-15.3.3 RE-USE AND DONATION OPTIONS A. Implement a re-use program to the greatest extent feasible. Options may include: 1. Los Angeles County Materials Exchange (LACOMax) LACoMAX is a free service provided by the Los Angeles County Department of Public Works, Environmental Programs Division. LACoMAX is a free service designed to help residents, businesses, and organizations in Los Angeles County find markets for their industrial by-products, surplus materials, and other would-be discards. The primary goal of LACoMAX is to conserve landfill space by helping businesses, organizations, and institutions find alternatives to the disposal of valuable materials that are presently discarded as waste. Users of this on-line materials exchange service can browse or post listings of a wide variety of available and wanted materials. Listings are categorized by 15 material classifications and 6 regions and include common items such as wood pallets, out-of-fashion textiles, and chemicals as well as more uncommon items. The listings also contain contact information, allowing you to make direct contact with the listing party. All exchanges are coordinated between the two interested parties. The site can be accessed at http://www.ladpw.org/epd/lacomax B-38 SPC22-25 GP - 23 7-15.3.4 REVENUE A. Revenues or other savings obtained from recycled, re-used, or salvaged materials shall accrue to Subcontractor unless otherwise noted in the Contract Documents. B-39 SPC22-25 SP - 1 SPECIAL PROVISIONS Section II CITY PROJECT: STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD A. GENERAL PROJECT INFORMATION 1 – REQUIREMENTS All work embraced herein shall be accomplished in accordance with the applicable portions of the "Standard Specifications for Public Works Construction," the 2021 edition, herein referred to as "Standard Specifications, except as modified by these Special Provisions and the Project Plans. The U.S. Standard Measures also called U.S. Customary System is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents. In addition to the above, the Contractor shall comply with the requirements of the following: (a) Notice Inviting Sealed Bids (b) Instructions to Bidders (c) Proposal (d) Bid Bond (e) Information Required of Bidders (f) Contract Agreement (g) Faithful Performance Bond (h) Labor and Material Bond (i) Statement Acknowledging Penal and Civil Penalties Concerning the Contractor's Licensing Laws. 2 – DEFINITION OF TERMS Wherever in the "Standard Specifications" terms are used, they shall be understood to mean and refer to the following: Agency & Owner - City of Rancho Palos Verdes Board - City Council, City of Rancho Palos Verdes Engineer - The Director of Public Works, acting either directly or through the properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Notice to Contractors - Notice Inviting Sealed Bids 3 – PROJECT PLANS The location of the work, its general nature, extent, form and detail of the various features are listed as a part of these Specifications and Plans. B-40 SPC22-25 SP - 2 4 – SCOPE OF WORK The work to be done consists of furnishing all materials, equipment, tools labor and incidentals as required by the plans, specifications and contract documents. The general items of work include cold mill and overlay of existing pavement, removal and replacement of AC pavement, curb ramp reconstruction, removal and replacement of PCC sidewalk, signing and striping, and all items not mentioned but indicated in the Plans and Specifications. a. WORK RESTRICTION: Prior to June 19, 2023 contractor shall not perform any work affecting vehicular travel lanes and/or parking lanes between Hawthorne Boulevard and Station 32+50. . 5 – NOTICE TO PROCEED Upon award of this contract and signing the contract documents, the City shall issue the Contractor a Notice to Proceed. Contract period shall commence on the date in the Notice to Proceed. Working days are defined as Monday through Friday, with the exception that no work may take place on the following City holidays: Memorial Day Independence Day Labor Day Election Day Thanksgiving Day Day after Thanksgiving Day Winter Break, December 25, 2023, through January 1, 2024 In addition, no work will be allowed on any special election day which may be declared. Should a special day be declared, a time extension of one working day will be granted for each day. The City will not authorize any work to be done under these Specifications before the contract agreement has been fully executed; and any work that is done by the contractor in advance of such time shall be considered as being done at Contractor's own risk and responsibility, and as a consequence will be subject to rejection by not having been done in the presence of the Director of Public Works or Inspector as provided in Section 2-9 of the Standard Specifications. In the event that the Director of Public Works shall be of the opinion that the work is being inadequately or improperly executed in any respect, he/she may demand that the Contractor improve or change the execution of the work in such manner as to assure proper and timely completion. 6 – UTILITIES It is anticipated that these existing utilities will not interfere with the Contractor's construction operations. However, the Contractor shall exercise due care to ensure that these utility facilities are not damaged during his operations. The Contractor shall notify the following utility companies prior to the beginning of any work: AGENCY TELEPHONE NUMBER City of Rancho Palos Verdes (310) 544-5252 B-41 SPC22-25 SP - 3 AGENCY TELEPHONE NUMBER Southern California Edison Co. (310) 783-1156 Southern California Gas Co. (310) 687-2020 Verizon (310) 793-4159 California Water Service Co. (310) 541-2438 Cox Communications (310) 551-5020 ext. 30 County of Los Angeles, Dept. of Public Works (storm drain) (626) 458-3109 County of Los Angeles, Dept. of Public Works (sewer) (626) 458-4357 Sanitation District of Los Angeles County (562) 699-7411 ext. 1205 USA (800) 227-2600 7 – STREET CLOSURES No closure of any street shall be allowed unless prior written permission is obtained from the Director of Public Works or his authorized representative. If permission to close a street is granted, then the Contractor is required to notify the Engineer in writing at least five (5) working days in advance of street closures, and all emergency services, public transportation services, garbage collections services, and school bus services, and other agencies as determined by Department of Public Works shall be notified by the contractor in writing of the locations, time and date of the closures a minimum four (4) working days in advance of street closures. In case of schedule changes, the emergency services, etc., shall be notified by telephone at least two (2) days in advance of the street closure. For construction in the vicinity of a school, the Contractor shall contact the Palos Verdes Unified School District, obtain a school schedule, and school circulation plan and incorporate information into the project's schedule and traffic control, such that within 1,000 feet of the school on routes serving the school for student arrivals and departures are not impacted between one hour before and one half hour after the school day start time and one hour before or one half hour after school day end time. AGENCY TELEPHONE NUMBER Peninsula Fire Department (310) 377-9523 Los Angeles County Sheriff's Department (310) 539-1661 Western Waste Industries (310) 830-7100 Metro (bus) (213) 626-4455 LA County Fire Department (310) 830-3361 PV Transit (310) 544-7108 Peninsula Dial-A-Ride (310) 544-7108 Waste Management (800) 669-6580 Postmaster (310) 377-6833 BFI (310) 329-4115 Ivy Rubbish Disposal (310) 530-2899 Palos Verdes Unified School District (310) 378-9966 8 – CONFERENCE The Contractor shall attend a preconstruction meeting with the Director of Public Works, which shall be held a minimum of five (5) calendar days prior to commencement of any work. The Contractor shall submit his 24-hour emergency telephone numbers to the Director of Public B-42 SPC22-25 SP - 4 Works or his authorized representative for approval a minimum of two (2) working days prior to the pre-construction conference. 9 – PUBLIC CONVENIENCE AND SAFETY (a) Attention is directed to Part 6 of the Standard Specifications and the Manual of Warning Signs, Lights and Devices for Use in Performing Work Upon Highways, published by the California Department of Transportation. Full compensation for conforming to the requirements of Part 6 of the Standard Specifications, the above referenced Caltrans Manual and these Special Provisions not otherwise provided for, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed thereof. (b) Warning and Protection Devices: The Contractor will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, delineators, fences, barriers and flagmen where needed, and other necessary facilities in the vicinity of the construction area and where any dangerous conditions may be encountered as a result thereof, for the protection of the motoring public. The Contractor will not be allowed to proceed with the work until such time that a sufficient number of these protection devices have been delivered to the project site. Where parked vehicles are likely to interfere with the proposed work, the Contractor will supply and post at no less than 200 feet intervals on each side of the street "Temporary No Parking" signs 48 to 72 hours before the start of construction and report the time of posting to the County Sheriff’s Department for the purpose of establishing "Tow Away" provisions. The Contractor shall be responsible for the removal of the temporary signs upon the completion of the work. Should the Contractor appear neglectful in furnishing warning and protection devices as outlined above, the Director of Public Works may direct attention to the existence of a hazard and the necessity of additional or different measures, which shall be furnished and installed by the Contractor at Contractor's own expense, free of any cost to the City. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the Director of Public Works may direct City forces to provide the necessary protective and warning devices as deemed appropriate by the Director of Public Works or his authorized representative. The cost accrued by the City in connection therewith will be deducted from the Contractor's contract payment. Any action or inaction on the part of the City in directing attention to the inadequacy of warning and protective measures or in providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or abrogate Contractor's obligation to furnish and pay for these devices. Should the Contractor fail to pickup signs either after the street has been overlayed, slurry sealed, or after the Contractor has failed to meet the schedule, the Contractor shall be charged a penalty of $50 per sign left in the public right of way. Said monies will be deducted from any monies due or to become due to the Contractor. The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the projects as specified in Part 6, Temporary Traffic Control, or as directed by the Director of Public Works or his authorized representative. When necessary to provide vehicular or pedestrian crossings over the fresh pavement, the Director of Public Works or his authorized representative may direct the Contractor to spread sufficient sand or rock dust on the affected area to eliminate tracking. Sand or rock dust used for this purpose shall be at the Contractor's expense. B-43 SPC22-25 SP - 5 (c) Traffic Control Plans: 5 calendar days prior to commencement of any work, the Contractor shall submit to the Director of Public Works or his authorized representative a Traffic Control Plan for the various phases of construction. Said plan shall follow the requirements of California Manual of Uniform Traffic Control Devices, Part 6, Temporary Traffic Control, latest edition. The Contractor shall provide a 72-hour notification to the affected properties, police department, for department prior to the implementation of/or change in traffic controls. Contractor shall furnish up to 3 message boards to be placed 1 week prior to the start of construction and remain throughout the duration of the project. Locations shall be determined by field engineer. The Contractor shall submit any requests for temporary “No Parking” restrictions to the Project Officer at least 3 working days prior to the desired onset of restrictions. Prior to a request for the removal of access to any ADA parking space the contractor must have made provision for alternative ADA parking as indicated on the approved plan or as directed by the Project Officer. The Contractor shall preserve all bus stops, including maintaining adequate accessibility through and adjacent to the construction for buses and their passengers. The Contractor shall not close, relocate, or otherwise modify a bus stop without prior request of the Project Officer. Any relocation or closure of a bus stop shall require at least four weeks advance notice for coordination with: Palos Verdes Peninsula Transit Authority at 310.544.7108; LA Metro at 800- 464-2111. 10 – SANITARY CONVENIENCE Necessary sanitary facilities for the use of workman on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor. Any workman who fails to use the sanitary facilities as intended shall be removed from the project site permanently at the sole discretion of the Engineer. 11 – CONSTRUCTION YARD It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Director of Public Works or his authorized representative. If permission is given to use a City site, the Contractor shall repair any damage as a result of his operations and any repairs will restore the site to new and not pre-existing conditions. When storage sites are to be on located upon private property, the Contractor shall submit to the Director of Public Works or his authorized representative, written approval from the record owner authorizing the use of the property by the Contractor. The Contractor shall contact the appropriate City Planning Department to determine if the using the site as a stockpile area is allowed. After the project is complete, the Contractor shall supply a written release signed by the owner of record that said property has been satisfactorily restored in order to provide assurance to the City that no later property owner claims will be filed by residents whose property has allegedly damaged by the Contractor and not repaired to their satisfaction. The City will provide the Contractor with a sample release form upon request. 12 – EQUIPMENT REQUIREMENTS B-44 SPC22-25 SP - 6 Contractor shall furnish all equipment required to safely complete the work and avoid, if possible, conducting any on-site maintenance or repair of said equipment. Necessary minor maintenance may be conducted on site; however, all maintenance and/or repairs shall be completed Monday through Friday between the hours of 8:30 a.m. and 4:30 p.m. Fueling and minor maintenance shall be in compliance with the NPDES requirements. All equipment shall be in good repair. Equipment from which leaks of oil, hydraulic fluids, coolant, etc., are observed shall be removed from service until the necessary repairs have been completed. 13 – PRESERVATION OF PROPERTY Existing improvements in areas adjoining the locations whereon construction activities are being performed shall be protected from injury or damage resulting from operations of the Contractor. In like manner any building, structure, tree, shrub, or other item in the vicinity of the Contractor's operation, shall be similarly protected and preserved. Vegetation cleared during site preparation shall become the property of the Contractor and shall be removed from the area unless otherwise directed by the Director of Public Works or his authorized representative. 14 - NPDES COMPLIANCE/WATER POLLUTION CONTROL Water pollution control shall consist of constructing those facilities specified by these Contract Documents, required by law, or as ordered by the Director of Public Works or his authorized representative. Said work is intended to provided prevention, control and abatement of water pollution to streams, oceans and other bodies of water. Full compensation for conforming to the requirements in this entire section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. Housekeeping/Cleanup: The Contractor shall prevent pollution of storm water from cleanup and disposal operations by using best management practices and good housekeeping methods. When fluids or dry materials spill, cleanup should be immediate, thorough, and routine. The Contractor shall never attempt to “wash them away” with water, or bury them. The Contractor shall report significant spills to the appropriate spill response agencies immediately. The Contractor shall recognize that different types of materials have different disposal requirements and follow appropriate practices. The Contractor shall confine non-hazardous debris to dumpsters, covered at night or during wet weather, and taken to a landfill for recycling or disposal. The Contractor shall handle hazardous debris in accordance with specific laws and regulations and dispose of as a hazardous waste. A separate permit is required. Common hazardous debris found on construction sites are: (Liquid residues from paints, thinners, solvents, glues, and cleaning fluids. Leaching agents form lumber such as formaldehyde, arsenic, copper, creosote and chromium, motor oil, gear oil, antifreeze fluids, brake fluids, etc., unused pesticides.) Sanitary Waste Management: The Contractor shall prevent the discharge of sanitary waste to storm water by providing convenient, properly located, well maintained facilities. The Contractor shall hire a licensed portable sanitary facility leasing company which will clean the facilities regularly and keep them in good working order. The Contractor shall make sure that portable sanitary facilities are located on relatively level ground away from traffic areas, drainage courses, and storm drain courses, and storm drain inlets. The Contractor shall regularly inspect the facilities for any leaks, and have defective units replaced. B-45 SPC22-25 SP - 7 Vehicle and Equipment Management: The Contractor shall use and maintain construction vehicles and equipment in a manner that prevent leaks and spills of fluids, contains wash waters, and controls off-site tracking. The Contractor shall not allow leaking vehicles and equipment on- site and shall inspect equipment and vehicles frequently for leaks and repair them immediately. The Contractor shall clean up spills and leaks promptly with absorbent materials, and shall not flush with water. The Contractor shall fuel, maintain, and repair vehicles and equipment off-site whenever possible, and on-site only in designated areas. The Contractor shall prevent run-on and run-off from designated areas, provide containment devices and cover if necessary. The Contractor shall wash vehicles and equipment on-site in designated, contained areas, allowing wash waters to infiltrate into the ground. The Contractor shall use phosphate-free, biodegradable soaps, steam clean in confined areas only. When not in use, the Contractor shall store equipment and vehicles in designated, contained areas and place drip pans and absorbent material under stored equipment that is prone to leaking and dripping (e.g. paving equipment). If the Contractor must drain and replace motor oil, radiator coolant, or other fluids on-site, use drip pans or drop cloths to catch drips and spills. The Contractor shall collect all spent fluids, store in separate containers, and recycle whenever possible. Note: For recycling purposes, such liquids must not be mixed with other fluids. Non-recycled fluids generally must be disposed of as hazardous waste. Surface and Subsurface Water Control: The Contractor shall prevent or reduce the discharge of pollutants to storm water from surface and subsurface water control operations by using the following methods: For surface water control operations where the flow is routed to bypass the construction area, establish stable (erosion resistant) conveyance routes for the diverted flow. Trap any significant sediment (e.g., mud) generated by the rerouted flow in a sediment trap, filtering berm, or basin. In subsurface pumping or other subsurface water control operations where significant amounts of sediment (e.g., mud) are present in the removed water, capture the sediment in a sediment trap, filtering berm, or basin. If a sediment trap or basin is required for the surface or subsurface water control operations, the facility should be designed such that the sediment is settled or trapped in the facility prior to discharging of the water. In areas suspected of groundwater pollution, sample the groundwater near the excavation/pumping site and have the water tested for known or suspected pollutants at a certified laboratory. Any proposed discharge of groundwater may be subject to requirements of the Regional Water Quality Control Board if water is discharged to groundwater or land. Concrete and Mortar Products: The Contractor shall prevent or reduce the discharge of pollutants to storm water from concrete waste by conducting washout at appropriate off-site locations, performing on-site washout in a designated area, and training employees and subcontractors. B-46 SPC22-25 SP - 8 The Contractor shall store and mix dry and wet materials either off-site or under cover, away from drainage areas. For washout of concrete trucks the Contractor shall provide appropriate off-site locations or designated contained areas, at least 50 feet away from storm drains, open ditches, streets, or streams. The Contractor shall prevent run-off from designated washout areas by constructing a temporary pit or bermed area large enough for liquid and solid waste. When concrete sets, breakup and dispose of it in construction fills per direction of soils engineer or as solid waste or recycle. The Contractor shall inform concrete suppliers of the designated washout locations and disposal sites for concrete and mortar products. Asphalt and Bituminous Products: The Contractor shall prevent or reduce the discharge of pollutants from asphalt and bituminous operations, by preventing run-on and run-off during the operation, properly disposing of waste, and training employees and subcontractors. The Contractor shall: Avoid prime or tack coating during wet weather. Store materials away from drainage courses to prevent material from entering the run-off. Cover catch basins and manholes when applying seal coat, tack coat, slurry seal, fog seal, etc. Make sure sand or gravel placed over new asphalt does not wash into storm drains, streets, or creeks. Dispose of old asphalt properly. Collect and remove all broken asphalt from the site and recycle whenever possible. Do not dispose of asphalt products into waterways. Follow the storm water permitting requirements for industrial activities if paving involves an on-site mixing plant. Construction Water: The Contractor shall reduce or eliminate excessive construction water that may cause erosion and carry pollutants from the site. The Contractor shall: Store construction water in leak proof tanks, located away from the drainage system. Use construction water conservatively. Whenever possible, dispose of excess water on-site, by allowing it to soak into the ground. Saw Cut Slurry: Saw cut slurry contains pollutants that must be contained and disposed of properly. The Contractor shall: Prevent saw cut slurry from entering catch basins, manholes and storm drains. Direct slurry into a temporary pit. Dispose of by vacuuming the slurry into a truck and removing from the site. Place drip pans or absorbent materials under saw cutting equipment when not in use. Clean up spills with absorbent materials rather than burying. Dispose of absorbent material properly. Except as otherwise provided in the Standard Specifications or elsewhere in these Special Provisions, full compensation for conforming to the requirements in this section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 15 – SAFETY, SANITARY AND MEDICAL REQUIREMENTS The Contractor, his employees, his subcontractors and their employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the Industrial Safety Commission and by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be conserved and safeguarded. In case any such regulations and orders are not B-47 SPC22-25 SP - 9 observed by the Contractor, they may be enforced by the Director of Public Works or his authorized representative at the Contractor's expense. 16 – ELECTRICAL POWER Unless otherwise provided in the Special Provisions, the Contractor shall provide, at his own expense, all necessary electrical power required for his operations under the contract. 17 – PROTECTION OF UNDERGROUND FACILITIES Attention is directed to the possible existence of underground facilities not known to the owner or in a location different from that which maybe indicated on the plans or in these Special Provisions. The Contractor shall take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service. If the Contractor discovers underground facilities not indicated on the Plans or in these Special Provisions, Contractor shall immediately give the Director of Public Works or his authorized representative written notification of the existence of such facilities. Such facilities shall be protected from damage as directed by the Director of Public Works or his authorized representative and the Contractor will be paid for such work as extra work as provided in Section 2-3 of the Standard Specifications. 18 – AIR POLLUTION CONTROL Section 3-12.2, "Air Pollution Control," of the Standard Specifications is supplemented by the following: The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents including, but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the County Air Pollution Control District. All containers of paint, thinner, curing compound or liquid asphalt shall be labeled to indicate that the contents fully comply with said requirements. 19 – PROJECT APPEARANCE The Contractor shall maintain a neat appearance to the work. The project streets and any streets adversely affected by the Contractor's activities shall be kept clean at all times. A motorized vacuum sweeper is required pursuant to the second paragraph of Subsection 3-12.1 of the Standard Specifications. In any area visible to the public, the following shall apply: When practicable, broken concrete and debris developed shall be disposed of concurrently with its removal. If stockpiling is required, the material shall be placed in an area which does not impact public or private landscaping or irrigation and the material shall be removed or disposed of daily. Should the Contractor appear to be neglectful or negligent in maintaining a clean project site, the Director of Public Works or his authorized representative may direct the Contractor’s attention to B-48 SPC22-25 SP - 10 the existence of such condition(s). The Contractor shall provide all necessary measures immediately, at his expense. If attention is directed to the existence of such condition(s), and the Contractor fails to provide an appropriate remedy, any expense incurred by the City for providing correcting actions may be deducted from the pay estimates and the total contract price for the work, including a Fifty Dollar ($50.00) penalty per calendar day the condition(s) exist from date of notification. Full compensation for conforming to the provisions in this section not otherwise provided for shall be considered as included in prices paid for the various contract items of work involved, and no additional compensation will be allowed therefor. 20 – WORK HOURS The Contractor's working hours shall be limited to the hours between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding those City holidays listed in Section II.A.5 of the Special Provision on page SP-2. Deviation from normal working hours will not be allowed without prior consent of the Director of Public Works or his authorized representative. In the event work is allowed by the Director of Public Works or his authorized representative outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees shall be levied against the Contractor at a rate of $119.00 per hour, plus travel time where applicable. The above charge may also be levied if inspection services are deemed necessary by the Director of Public Works as a matter of public safety or to otherwise ensure the quality of the work. If work is permitted after sunset, the Contractor shall provide, at its expense, adequate light for proper prosecution of the work for the safety of the workmen and the public, and for proper inspection. 21 – PROJECT MONUMENT SURVEYS AND CONSTRUCTION STAKING 21.1 Survey Service The Contractor shall provide for the services of a land surveyor licensed in the State of California, hereinafter Surveyor, to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. Contractor shall submit surveyor’s information, including license number, prior to commencing work. 21.2 Permanent Survey Markers The Contractor shall not disturb permanent survey monuments or benchmarks without the consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that protecting an existing monument in place is impractical, the Contractor shall employ a licensed land surveyor to establish the location of the monument before it is disturbed. The Contractor shall have the monument replaced by a licensed land surveyor no later than thirty (30) days after construction at the site of the replacement is completed. The Licensed Land Surveyor shall file corner record(s) as required by '' 8772 and 8773, et seq. of the California Business and Professions Code. Copies shall be provided to the City within 10 days of replacement of any monuments. B-49 SPC22-25 SP - 11 When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the Contractor shall adjust the monument frame and cover to the new grade. Documentation of any disturbance or relocation, horizontal or vertical shall be provided to the City. 21.3 Center Line Ties The Contractor shall be responsible to locate centerline ties and/or monuments at locations which are part of the overlay project as directed by the Director of Public Works or his authorized representative. Contractor shall submit a scope of work for approval by the Engineer prior to commencing work. The monuments will be inventoried, tied out, and a centerline tie sheet will be prepared and submitted to the Engineer. Compensation for re-setting the center line ties and monuments, including tie sheet preparation, setting ties and reestablishing monuments, and the filing of a corner record as required, will be on an each basis per tie sheet for the monument and all ties associated with that monument as accepted by the Public Works Department and for filing by the Los Angeles County Surveyors office. This shall include re-setting the tie monuments where curb or curb ramps are removed and replaced or new ramps are installed. The Contractors surveyor shall be responsible to meet all requirements stipulated by the County Surveyor regarding the filing of corner records. 21.4 Payment for Construction Staking Payment for work performed to control the construction activities shall be included in the actual bid items requiring the survey work, and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work, and no additional payment will be made therefor. 21.5 Lines and Grades Except when, as per orders from the Director of Public Works or his authorized representative, minor changes in the work are to be made by the Contractor, all work shall, during its progress upon completion, conform to the lines, grades, and elevations shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three (3) consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line, and in case any such discrepancy exists, it must be reported to the Director of Public Works or his authorized representative. Failure to make this report shall make the Contractor responsible for any such error in the finished work. B. PROJECT SPECIAL PROVISIONS 1 – GENERAL Order of Work - Order of work shall conform to the provisions of Section 6-1, "Construction Schedule and Commencement of Work," of the Standard Specifications and these Special Provisions. The Contractor shall conduct his operations so as to cause minimum obstruction and inconvenience to traffic, schools and residences. (a) Scheduling, Notifications and Posting: Within five (5) calendar days of notification of award of the Contract, the Contractor shall prepare and submit an overall work schedule meeting the following criteria to the Director of Public Works or his designated representative: The B-50 SPC22-25 SP - 12 Notice to Proceed will not be issued until the schedule has been submitted in a substantially complete form. Any delays, including postponement of preconstruction conference prior to start of construction resulting from incomplete schedule submittal shall be cause for assignment of modified liquidated damages of $5,000 per day. The preconstruction conference shall not be considered viable without a work schedule. Said schedule must show the dates of the expected start and completion of all the various bid items, including but not limited to street patching, ramp and curb construction, edge grinding, paving construction, crack sealing, slurry seal, striping and marking, and raised pavement markers of the contract work. The schedule shall be in the form of a Gant/Bar Chart and a Critical Path Method schedule, and both shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, scheduling of equipment and procurement of materials. The Contractor shall provide a copy of the active schedule list in a format and on a day acceptable to the Director of Public Works or his authorized representative to be considered the advance weekly schedule. The City will then forward these schedules to the local cable station who will televise in order to further notify the residents. The City will provide the Contractor the exact format of the weekly schedule at the preconstruction conference. The Contractor shall submit these schedules at least 1 week prior to the occurrence of the work. The Contractor shall be responsible for preparing any modifications to these schedules on a weekly basis. All construction schedules shall reflect completion of all work under the Contract within the specified time and in accordance with the contract documents. Prior to striping operations commencing, the Contractor shall submit a detailed schedule of all striping operations planned for each week to the Director of Public Works or his authorized representative. The Contractor shall include the nature and the location of the striping. Such schedules and maps shall be subject to the review and approval of the Director of Public Works or his authorized representative. No work shall take place until the Director of Public Works or his authorized representative and the Contractor have agreed to the schedule to be followed by the Contractor. During the conference between the Contractor and the Director of Public Works or his authorized representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to temporarily delay the work schedule agreed upon during the scheduling conference, every effort will be made to permit a new work schedule at the time most convenient to the Contractor, thus permitting the project to proceed with the shortest intramural movement of the equipment within the project. Except as otherwise specified, Contractor shall submit requests for changes in the schedule in writing to the Director of Public Works or his authorized representative for approval at least 2 working days prior to the scheduled work on the affected streets. For each calendar day a revised schedule is delinquent, Fifty Dollars ($50.00) may be deducted from the pay estimates and the total contract price for the work. The City of Rancho Palos Verdes strictly adheres to a policy whereby property owners are kept fully informed as to potential inconveniences caused by construction activities within the City. Every effort is made to minimize these inconveniences. Toward this goal, the Contractor will be required to thoroughly schedule his work and to share that schedule with the property owners affected by the project. This shall be accomplished using door hangers and on-street posting placed between 48 and 72 hours prior to the planned activity which may cause an inconvenience B-51 SPC22-25 SP - 13 at that particular location. The date of beginning of closure shall be shown on the notice. In order to avoid unnecessary problems through the construction period, it is mandatory that all schedules are prepared to fully-address all of the known controls which must be scheduled around. The following list of controls shall be incorporated into the schedules prepared by the Contractor: • Work shall be scheduled by street segment or block, intersection to intersection, such that construction for each segment, together with the construction on adjacent streets scheduled for the same day, provides on-street parking within 1,000 feet of each residence, businesses, or apartment building, unless otherwise approved by the Director of Public Works or his authorized representative. • Access to each drive shall be available unless the property owner has been properly notified. • Parking restrictions will be allowed only when interfering work is actually underway on any street. • Trash pickup is scheduled twice each week for the streets within the project. The Contractor may coordinate with the trash hauler for early trash pickup to accommodate the paving schedule. If early trash pickup is agreed upon, Contractor shall notify residents by door hanger two days prior to scheduled pickup day. Contractor shall provide access for trash pickup on streets not scheduled for paving in the area. Contractor shall provide a written notice to the Engineer that coordination with the trash hauler has been achieved. A list of streets with scheduled trash pickup days is included in the Appendix. • Rescheduling shall be avoided if at all possible. Any rescheduling will require the approval of the Public Works Department. • Street sweeping is scheduled once a month. • Door hangers and street posting shall be completed for any roadway where construction activities impact parking or access. • Construction activities for which notification has been made, and have not been completed within 72 hours of posting, will require a second posting and shall not commence until 48 hours after the door hangers have been distributed. Contractor may change the date of no parking on the posted no-parking signs, but only after a new door hanger is delivered to all properties effected by the signs and only if the date of construction is still within the original 72 hours from date of the original posting. The new door hanger shall notify the occupant of the change of date of work and state the date on the door hanger notice. • Activities that will require door hangers and street posting are leveling course, edge grinding, paving, curb and gutter repairs, and slurry sealing. • Only those residences, apartment buildings, businesses, and or other properties fronting or having driveway access to the streets to be improved will require door hangers, except for curb and gutter repairs, which will require door hangers on the house fronting the repair and the next two adjacent houses, plus all houses across the street from these houses. B-52 SPC22-25 SP - 14 • Activities that generally may proceed without a parking restriction are ramp construction, street patching, crack sealing, and striping. These items, however, shall be shown on the detailed scheduled. • Pavement cold milling weakens the existing pavement section substantially and leaves the pavement vulnerable to destruction by heavy vehicles such as trash trucks. Therefore, edge grinding will not be permitted more than two days in advance of placement of the final overlay. • Cold milling operations shall not be performed more than 2-calendar days ahead of paving. • Pavement repairs shall be constructed the same day they are removed. • The Contractor must place concrete within 3 working days after the removal of existing concrete. • Manhole frames and covers to be raised shall be raised and patched with ARHM within 3 calendar days of final day of ARHM overlay paving. Schedule Content The following items shall be shown in the active schedule list: Trash pickup Street sweeping Street posting (No Parking) (48 to 72 hours prior to any construction activities in the street) Street patching construction Ramp and curb construction Pavement striping (first coat) Pavement striping (second coat) Street posting (No Parking) and door hanger (48 to 72 hours prior to any construction activities in the street) Edge grinding operation Paving construction Curb and gutter repair For apartment buildings, condominium, or townhouse, the Contractor shall notice each individual unit within the complex. The Contractor shall contact the property manager to gain access. The Contractor shall post street segments scheduled for Monday or Tuesday on the prior Thursday. The notice shall state the type of work and the approximate time the work is anticipated. All notices shall include the Contractor's telephone number to address questions. If for any reason the scheduled construction for a particular street must be revised, the street in question shall be completed as a first item of work on the rescheduled date. The Contractor shall be responsible for re-notification of all affected property owners. The Contractor shall submit sample door hangers to the City, for approval, prior to any posting. B-53 SPC22-25 SP - 15 (b) Payment: The cost for furnishing the all schedules and any related items for their completion shall be considered as included in the bid price paid for the various contract items of work, and no additional compensation will be made therefor. 2 – FURNISH AND APPLY WATER Furnishing and applying water shall be considered as included in the unit prices paid for the various bid items requiring water, and no additional compensation will be allowed therefore. Should the Contractor require water for construction operations, such as for compaction and dust control, he shall apply for a water meter from, and follow the requirements of, the California Water District. 3 – MOBILIZATION The cost of providing bonds, insurance, financing, moving equipment to the job site and preparing an approved work schedule shall be included in the prices bid for the various items of work, and no additional compensation will be allowed therefor. 4 – CONSTRUCTION METHODS (a) General: The Contractor shall contact the affected utility companies for information regarding identification, location, and depth of underground utilities. (b) Preservation of Property: Existing improvements in areas adjoining the property whereon demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage. In like manner any building, structure, tree, shrub, or other item in the area where demolition and removal are being performed shall be similarly protected and preserved. (c) Dust Control: The Contractor shall provide such dust laying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the Director of Public Works to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect from the City for any loss of time or expense sustained by him due to such suspension of work. (d) Selected Materials: Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation. (e) Surplus Materials: The Contractor shall furnish written consent from the owner of the property where it is intended to dispose of the surplus material. Surplus excavation shall become the property of the Contractor. 5 – - CLEARING AND GRUBBING (a) General: The Contractor shall clear and grub along edge of pavement as necessary to cold mill and resurface per plan. (b) Payment: Payment for clearing and grubbing shall be included in the price bid for other items of work, and no additional compensation will be allowed therefor. B-54 SPC22-25 SP - 16 6 – UNCLASSIFIED EXCAVATION (a) General: Unclassified excavation shall consist of all excavation, including roadway, bituminous pavement, concrete pavement, curb, sidewalk, gutters, cross gutters, driveways and access ramps. (b) Removal of Bituminous Pavement: Bituminous pavement shall be removed to neatly sawed edges. Saw cuts shall be to a minimum depth of 3 inches. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before permanent to ensure that all areas to be paved are accessible to the rollers used to compact the subgrade or paving materials. Removal at flow line areas shall include restoring pavement surface to flow line grade based on surrounding conditions. (c) Removal of Concrete Curb, Gutter, Sidewalk Cross Gutters, Driveways and Access Ramps: Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1.5 inches. Concrete sidewalk, access ramps or driveways to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut would fall within 30 inches of a construction joint, functional weakened plane joint, expansion joint or edge, the concrete shall be removed to the joint or edge. In any case, the saw cut shall be made in and along a score mark if within the 30-inch zone. Curb and gutter shall be sawed to a depth of 1.5 inches on a neat line at right angles to the curb face. (d) Payment : Payment for unclassified excavation shall be included in the bid item for which the excavation is required and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, sawcutting, hauling, disposal, and other incidentals for doing all work, complete, and in place, involved in unclassified excavation and no additional compensation will be allowed therefor. 7 – SUBGRADE PREPARATION (a) General: The last sentence of the first paragraph of Subsection 301-1.2 of the Standard Specifications is deleted and replaced by the following: When unsuitable material due to excessive moisture content is found below the processing depth for subgrade specified herein, the Contractor shall make a reasonable effort as directed by the Director of Public Works or his authorized representative, to dry the material in order to obtain compaction as specified in Subsection 301-1.3, Relative Compaction. Such reasonable effort may include periodic cultivating and scarifying or allowing the material to dry naturally or a combination of the above, for a period of time not to exceed 2 weeks. After this time period, or earlier if so determined by the Director of Public Works or his authorized representative, the unsuitable material shall be treated in accordance with Subsection 300-2.2, Unsuitable Material. The Contractor will be allowed non-working days for such work in accordance with Section 6-3, Time of Completion. An extension of time for such work will be granted in accordance with Subsection 6-4 of the Standard Specifications. (b) Payment: Payment for preparation of subgrade will be considered as included in the item of work for which the subgrade is prepared, and no additional payment will be made therefor, except unsuitable material will be compensated by the bid item per cubic foot to excavate additional depth for unsuitable material and replace with additional AC in areas of AC remove and construct. B-55 SPC22-25 SP - 17 8 – UNTREATED BASE MATERIAL : Crushed Miscellaneous Base (a) 200-2.4.3 Quality Requirements: The minimum R-value requirement will not be waived. 9 – ASPHALT CONCRETE PAVEMENT MATERIALS: Asphalt Concrete Slot Paving and Repairs: B - PG 64-10 Subsection 302-5.1 General of the Standard Specifications is amended by adding the following: All pavement removal excavations shall be base paved to existing grade on the same day as the excavation unless otherwise permitted by the Director of Public Works or his authorized representative. Bituminous pavement shall be removed in accordance with Subsection 401-2. Removals at flow line areas shall include restoring pavement surface to flow line grade based on surrounding area. Subsection 302-5.4 Tack Coat of Standard Specifications: The following is hereby added to the first paragraph: Tack coat material shall be Grade SS-1h emulsified asphalt or PG 64-10 applied at minimum 350 degrees Fahrenheit, from a spreader truck with a functioning heating element and tack coat shall be applied at a rate of .06 gallons per square yard, and a second coat shall be applied between edge of pavement and one (1) foot towards center of street. Apply SS-1H tack coat uniformly in two coats of .20 gallons per square yard each with full “break” in between, or .20 gallons per square yard PG 64-10 uniformly in one coat on all vertical joins of AC patching. Subsection 302-5.5 Distribution and Spreading of the Standard Specifications is supplemented and amended by the following: Spreading: Unless approved by the Director of Public Works, the Contractor will not be allowed to deposit the AC material from bottom dump trucks into a window then pick up said material and convey it into the paving machine by an elevating device. All areas shall be paved by depositing the AC material from delivery trucks directly into the paving machine hopper. If approval for the bottom dump operation is given, the Contractor shall furnish a rubber tired skip loader for distribution of any misplaced material. 302-5.9 Measure and Payment Add the following: Payment for Remove and Construct Asphalt Concrete Pavement shall be at the contract unit price per ton (TN) and shall include full compensation for furnishing all preparation, all materials, labor, tools, equipment, and incidentals as required for AC B-56 SPC22-25 SP - 18 repair bid items in accordance with the plans, these Special Provisions and the Standard Specifications. 10 – ASPHALT RUBBER HOT MIX ARHM) 203-11 ASPHALT-RUBBER HOT MIX (ARHM). 203-11.2.3 Crumb Rubber Modifier (CRM). The first paragraph of Subsection 203-11.2.3 is hereby deleted and replaced with the following: ARHM shall be ARHM-NT. ARHM designated as ARHM-NT shall contain non-tire rubber, either in a separate bag, or unmixed and placed on top of the tire component of high natural CRM, equal to 250/(NRC-30) of the total high natural CRM, where NRC equals the natural rubber content of the non-tire rubber based on ASTM D247 paragraph 53, with all numbers as whole percentages. Non-tire natural rubber scrap is available from TRF Industries (330) 688-1583 (Bruce Bowers), though any other source of natural rubber meeting specifications is acceptable. A grinding/granulating company is BAS Recycling, Inc., Hratch Sarkis (310) 429-3546, though any other grinding/granulating company is acceptable. A minimum 2-ounce unground and ungranulated sample of each base stock within the high natural CRM shall be provided, along with a minimum 4-ounce ground or granulated sample of the final product, the same as will be used for the work. Contractor shall pay for any failed chemical analysis tests. The test for natural rubber content in the material shall be ASTM D297, paragraph 53. 203-11.2.4 Aggregate. The text of Subsection 203-11.2.4 is hereby deleted and replaced with the following: The aggregate for ARHM shall conform to the “quality requirements” for asphalt concrete Type A as specified in Caltrans Standard Specifications. All aggregate used for ARHM shall be crushed aggregate. Any change in source of aggregate supply requires 2 weeks advance notice in writing to the Engineer, and submittals and testing in conformance with specifications for a new mix design. No single bin shall receive aggregate from more than one source. Contractor shall provide a copy of aggregate delivery tickets for aggregate delivered for use on the project. The following is hereby added to Subsection 203-6.4.1: Acceptance as used in this subsection shall mean acceptance of material in production. Air voids will be used for mix design evaluation and for evaluation of material during production for conformance with mix design parameters. Variations of air void values B-57 SPC22-25 SP - 19 exceeding those specified in these Special Provisions will be cause to terminate production in to allow for conformance with specifications. The Engineer shall be provided with duplicate samples of aggregate and binder used for testing the mix design. A mix design shall be provided with test documentation showing that the aggregate to be used has the minimum specified VMA, and has the minimum specified air voids when mixed with the optimum binder content determined by California Test Method 367 as amended in Subsection 203-11.3.1 herein. ARHM shall be ARHM-NT Class GG-C. Table 203-11.3 is hereby modified as follows: TABLE 203-11.3 (A) REQUIREMENTS FOR ARHM-GG SIEVE SIZE CLASS GG-B GG-C GG-D Min.-Max. Min.-Max. Min.-Max. No changes in rows of table above. 75 µm (No. 200) 0-5 0-5 0-5 % Asphalt Rubber Binder by Normalized Weight of Dry Aggregate1 7.5-8.4 7.5-8.5 7.5-8.5 Air Voids % California Test 367 3-6 3-6 3-6 Stabilometer Value min. California Test 304 and 306 25 23 23 Voids in Mineral Agg. Percent Min.2 18 18 18 1. Once the percent asphalt rubber binder is determined by the mix design, the production tolerance shall be ±0.5% as determined by California Test Method 362, 379, or 382. Normalized shall mean multiplied by the specific gravity of the aggregate divided by 2.67. 2. VMA shall be calculated using the method described in the Asphalt Institute MS-2 manual. The gradation ranges shown in Table 203-11.3(A) shall be considered the Contract Compliance Range. It is the intent of the Specifications that the target percentage be the central value in the Contract Compliance Range. The Operating Range for all other sieves, except the 200 sieve, shall be 2 percentage points inside the Contract Compliance Range. If gradation test results do not meet the Operating Range requirements but meet the Contract Compliance Range, placement of ARHM may be continued for the remainder of the day. However, another day's work shall not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for Operating Range. The footnote under Table 203-11.3 is hereby deleted and replaced with the following: 1. Once the percent asphalt rubber binder is determined by the mix design, the tolerance shall be +/-0.4% as determined by California Test Method 382, and this tolerance shall be considered to include all sampling and testing tolerances. B-58 SPC22-25 SP - 20 Variations of binder content on this basis exceeding +/- 0.4% from the mix design will be cause to terminate paving operations until changes to provide specified tolerances are verified and approved by the Engineer. Variations of percent air voids in plant produced mixtures below the minimum specified in Table 203-11.3 will be cause to terminate paving operations until changes to conform to the specified percent air voids are demonstrated and approved by the Engineer. Once the air voids are determined by the mix design, the tolerance shall be +/-.9% as determined by California Test 309, and this tolerance shall be considered to include all sampling and testing tolerances. Air voids not meeting the specified tolerance will be cause to terminate paving operations until changes to provide specified tolerance are verified and approved by the Engineer. California Test Method 367 as modified in Subsection 203-11.3.1 shall be used to determine the optimum binder content for the mix. Test results for all tests to verify conformance with these specifications shall be submitted to the Engineer for determination of approved percentage of binder in the mix. 203-11.3.1 Amended California Test Method 367. California Test Method 367 is hereby amended as follows for ARHM: A. The Specific Gravity used in California Test 367, Section “B. Voids content of Specimen”, shall be determined using California Test 308, Method A. B. California Test 367, Section “C. Optimum Bitumen Content” is revised as follows: 1. Plot asphalt rubber binder content versus void content for each specimen on form TL-306 (Figure 3), and connect adjacent points with straight lines. 2. From Figure 3 select the theoretical asphalt rubber binder content that has the minimum air voids specified (see Table 203- 11.3 (A) for default minimum if not stated herein) for the material. 3. Record the asphalt rubber binder content in Step 2 as the Optimum Bitumen Content (OBC). C. Laboratory mixing and compaction shall be in conformance with the requirements of California Test 304, except the mixing temperature of the aggregate shall be between 300 and 325 degrees F. The compaction temperature of the combined mixture shall be between 289 and 300 degrees F. The Engineer will review the air void and stability information in the test results and select the final binder content to be used. The Engineer’s decision shall be final. 203-11.4 Mixing Asphalt and CRM. B-59 SPC22-25 SP - 21 The first sentence of the third paragraph of Subsection 203-11.4 is hereby deleted and replaced with the following: The proportions of the materials, by total weight of asphalt-rubber binder, shall be 80 percent combined paving asphalt and asphalt modifier, and 20 percent CRM. The required mixing/reaction time is hereby modified to 75 minutes minimum. The minimum reaction period shall be the time from complete incorporation of materials into the mix to the time that the asphalt-rubber meets all specifications for reacted material, but no less than 75 minutes. Reaction shall be considered complete only after the second of two viscosity readings taken 15 minutes apart is less than the first. The Engineer’s decision shall be final for determination of the minimum reaction period. The maximum value for Haake Field Viscosity @191 degrees C (375 degrees Fahrenheit), (Centipoise) in Table 203-11.4 is hereby changed to 2400. All material shall be tested for viscosity and verified as to completer reaction prior to transfer to any storage tank or use of the reaction tank for feet to the hot mix plant. Material reacted lower than specified temperature, but above 185 degrees C (365 F), or transferred to a storage tank prior to completion of reaction as specified, shall be reacted for total period of 3 hours prior to use. Any such transfer shall be described in the comments column of the Asphalt Rubber Batch Log. Contractor shall test viscosity and record the following information for every tank of asphalt rubber prior to being transferred to storage or directed to feed to the hot mix plant: 1. Temperature of stored asphalt cement material at time of loading 2. Time at which the reaction tank is fully loaded 3. Tons of asphalt rubber added to the tank for the batch 4. Total asphalt rubber in the tank after loading 5. The beginning time of reaction (Fully loaded and above 380° F) 6. Binder temperature at time of sampling 7. Temperature of tested material 8. Viscosity reading 9. Time of viscosity test (All test results must be prior to use.) (A log sheet form will be provided at the preconstruction meeting.) A copy of the Asphalt Rubber Batch Log shall be provided to the Engineer upon request. A copy of the batch log sheet and all circle charts for the day shall be faxed to the Engineer within 1½ hours of ending production of ARHM for the day. Construction shall be considered unauthorized until Contractor has faxed the log to the Engineer as arranged at the preconstruction meeting and has in his possession a fax confirmation sheet with a time and date conforming to specification. Under any other circumstances, Engineer must be contacted for clearance to pave. The third paragraph of Subsection 203-11.4 is hereby deleted and replaced with the following: The proportions of the materials, by total weight of asphalt-rubber binder, shall be 80 percent combined paving asphalt and asphalt modifier, and 20 percent CRM. The B-60 SPC22-25 SP - 22 temperature of the blended asphalt and modifier shall be between 190 degrees C (375 Fahrenheit) minimum and 226 degrees C (440 Fahrenheit) maximum when the CRM is added. The temperature shall not exceed 6 degrees C (10 Fahrenheit) below the actual flash point of the mixture. The CRM shall be combined and mixed together in an asphalt-rubber mechanical blender meeting the requirements of 203-11.5. The combined asphalt and CRM shall be pumped into a reaction tank or distributor truck meeting the requirements of 203-11.5, Item 3A). The required mixing/reaction time shall be 90 minutes minimum. The temperature of the asphalt-rubber mixture shall be between 194 degrees C (380 Fahrenheit) minimum to 218 degrees C (425 Fahrenheit) maximum during the reaction period. After reacting, the asphalt rubber binder shall conform to the requirements in Table 203- 11.4. The minimum reaction period shall be the time from complete incorporation of materials into the mix to the time that the asphalt-rubber meets all specifications for reacted material, but no less than 90 minutes. Once established, the minimum reaction period shall remain unchanged, unless there are changes in materials or equipment that may affect rubber digestion, in which case a new reaction period shall be established per specifications. The Engineer’s decision shall be final for determination of the minimum reaction period. All material shall be tested for viscosity and verified as to completer reaction prior to transfer to any storage tank or use of the reaction tank for feet to the hot mix plant. Material reacted lower than specified temperature, but above 185 degrees C (365 F), or transferred to a storage tank prior to completion of reaction as specified, shall be reacted for total period of 3 hours prior to use. Any such transfer shall be described in the comments column of the Asphalt Rubber Batch Log. Inability to maintain reaction temperatures above specified minimums will be cause to terminate paving operations. Contractor is reminded that if the reaction tank does not have a gas retort heating system capable of raising the temperature of its contents at least 20 degrees per hour, there exists the inherent potential for such below minimum temperatures to become an irreversible condition. Contractor shall test viscosity and record the following information for every tank of asphalt rubber prior to being transferred to storage or directed to feed to the hot mix plant: 10. Temperature of stored asphalt cement material at time of loading 11. Time at which the reaction tank is fully loaded 12. Tons of asphalt rubber added to the tank for the batch 13. Total asphalt rubber in the tank after loading 14. The beginning time of reaction (Fully loaded and above 380° F) 15. Binder temperature at time of sampling 16. Temperature of tested material 17. Viscosity reading 18. Time of viscosity test (All test results must be prior to use.) (A log sheet form will be provided at the preconstruction meeting.) If more than 20 percent of a batch is holdover material, the reaction time may be reduced, but a line item must be provided on the Asphalt Rubber Batch Log showing items 6), 7) and 8) for a test just prior to loading new material. Reaction shall be considered to begin after all material is added. If more than 20 percent is holdover material, reaction time can B-61 SPC22-25 SP - 23 be reduced to the fraction of total material that is holdover material, times 90 minutes, but shall be no less than 20 minutes. A copy of the Asphalt Rubber Batch Log shall be provided to the Engineer upon request. A copy of the batch log sheet and all circle charts for the day shall be faxed to the City within 1½ hours of ending production of ARHM for the day. To fit 8½ x 11-inch sheets, the circle chart may be faxed in 2 parts with an overlap. See Subsection 203-11.5 for circle chart requirements. Construction shall be considered unauthorized until Contractor has faxed the daily log sheets, and circle chart sheets as arranged at the preconstruction meeting, to the Engineer and Contractor has in his possession a fax confirmation sheet with a time and date conforming to specification. Emailed copies to the Engineer with copy of the email attached will be considered the equivalent. Under any other circumstances, Engineer must be contacted for clearance to pave. 203-11.7 Mixing Binder with Aggregate. Proportioning shall be performed using an automatic batching system, and the proportioning device shall be automatic to the extent that the only manual operation required for proportioning all materials shall be a single operation of a switch or starter. For drum plants, the system shall run fully automatic with the only input to the AC plant computer being information transmitted automatically from a Corealis mass flow meter on the line of the asphalt-rubber feed to the AC plant. All automatic shutdown features of the AC plant shall be fully functional. 302-9 ASPHALT-RUBBER HOT MIX (ARHM) 302-9.1 General. Contractor's attention is directed to Subsection 403-1, General, for requirements for patching manholes and miscellaneous, frames and covers in ARHM pavements. All PCC surfaces, to be crossed by trucks used to haul ARHM, that are within 500 feet of the work limits shall be covered with sand or other durable covering prior to applying tack coat. Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide miscellaneous cleanup of ARHM spoils as directed by the Engineer. Power brooms used ahead of paving operations after acceptance of cold milling shall only sweep areas that are accepted as completed for cold milling. Power brooms shall not be operated more than 80 percent full of sweepings. Power brooms that have swept areas not accepted as completed for cold milling shall not enter onto areas that are accepted as completed for cold milling. 302-9.3 Distribution and Spreading. The temperature of ARHM shall be high enough upon delivery that pavement temperature after two passes with the breakdown roller exceeds 240 degrees Fahrenheit. B-62 SPC22-25 SP - 24 To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment. Raking of ARHM shall be eliminated as much as possible. ARHM material shall not be cast across the mat under any circumstance. Raking shall be just enough to set up edges for uniform joins without casting material. Screed controls shall be the predominant means of controlling material at joins. In areas where paving machines can not be used due to space constraints, material shall not be thrown by shovels. Material shall be removed directly from the paving machine hopper and shall be placed directly in its final location, to be distributed with minimal raking. Material may be dumped directly from a truck, but further material distribution shall be by shovel directly to its final location with minimal raking. A small rubber tire tractor with a screed type attachment may be used to spread a pile dumped from a truck, but raking shall be minimized after spreading. The paving machine screed shall not be pulled across an area already paved with ARHM, even adjacent to narrow areas to be paved. Such narrow areas shall have ARHM distributed by methods specified by shovel or rubber tire tractor, unless the adjacent area has hardened enough and will not be significantly marred by passing the screed over it. Even if hardened adequately, Contractor shall spread rock dust by hand tools to avoid cohesion of the ARHM in the screed to the existing surface of such areas of freshly cured ARHM. Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. The infrared device shall be correlated by thermometer to the actual mat temperature prior to use. The correlation difference shall be applied to all readings thereafter. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer. Inaccessibility of a heat measurement shall be cause for termination of paving operations. Transverse cold joints shall be provided such that longitudinal joints are not left exposed at the end of the workday. 302-9.4 Rolling. Initial breakdown rolling shall be vibratory. Rolling in vibratory mode shall not be performed after ARHM material temperature falls below 240 degrees F, due to disturbance of the bonds beginning to set up in the binder at lower temperatures. An intermediate roller of the same or greater width than the breakdown roller shall be rolling directly behind the breakdown roller at all times, and paving shall cease if intermediate rolling is terminated for any reason. Additional intermediate rollers may be necessary depending on production rates. Once a rolling pattern is elected by Contractor, the rolling pattern shall remain consistent, unless conditions change and/or a modified rolling pattern is needed to conform to specification. All finish rolling shall be performed by a separate finish roller. To ensure optimum quality control, the use of more than one paver will require notification 3 days in advance to the Engineer, and will generally require one foreman, one sweeper, and a full complement of rollers per Subsection 302-5 of the Standard Specifications and this Subsection 302-5.6 for each paving machine. B-63 SPC22-25 SP - 25 An extra breakdown roller shall be on site at all times, free of defects. 302-5.6.2 Density and Smoothness. Density and smoothness shall conform to Subsection 302-5.6.2, except the second and third paragraph of Subsection 302-5.6.2 shall not apply to ARHM. The compaction after rolling shall be 95 percent of density obtained with the California Kneading Compactor, California Test 304 as modified and measured in conformance to this Subsection 302-5.6.2. The field density of compacted ARHM shall be determined by: 1) A nuclear asphalt testing device, calibrated in conformance with California Test 375, except as modified in this Subsection 302-5.6.2, in the field designed to measure the density of pavement of the thickness being constructed; or 2) Core with density determined as follows: a) Saw the ARHM lift of pavement from the top of the core approximately perpendicular to the axis of the core, just above any underlying pavement or as necessary to obtain a clean flat surface at the bottom of the sample. b) Clean and dry the sample as described in ASTM 1188. c) Perform California DOT Test 308 Method A step a. d) Prior to proceeding to steps 308A b., 308A c., 308A d. and 308A e., place the core, top surface down, firmly into a flat pan of hot liquid paraffin approximately 1/4 inches deep. Allow the sample and paraffin to cool to firm solid state and remove the sample from the pan by cutting around the perimeter. Trim the edges of paraffin parallel to the side of the sample cylinder, and weigh the cylinder to obtain: G = Mass in grams of level sealed paraffin-treated specimen in air. e) Perform 308A b., 308A c., and 308A d on the sample from D) above. f) Complete the remainder of Test 308A, except replace the formula in 308A e. with the following: Bulk Specific Gravity = A (D – E) – (D – G) / F TABLE 302-5.6.2A REDUCED COMPENSATION FACTORS Relative Compaction (Percent) Reduced Compensation Factor Relative Compaction (Percent) Reduced Compensation Factor 95.0 0.000 93.4 0.062 B-64 SPC22-25 SP - 26 TABLE 302-5.6.2A REDUCED COMPENSATION FACTORS Relative Compaction (Percent) Reduced Compensation Factor Relative Compaction (Percent) Reduced Compensation Factor 94.9 0.002 93.3 0.068 94.8 0.004 93.2 0.075 94.7 0.006 93.1 0.082 94.6 0.009 93.0 0.090 94.5 0.012 92.9 0.098 94.4 0.015 92.8 0.108 94.3 0.018 92.7 0.118 94.2 0.022 92.6 0.129 94.1 0.026 92.5 0.142 94.0 0.030 92.4 0.157 93.9 0.034 92.3 0.175 93.8 0.039 92.2 0.196 93.7 0.044 92.1 0.225 93.6 0.050 92.0 0.300 93.5 0.056 302-5.6.2.1 Maximum Density. Maximum density samples shall be prepared in conformance with Calif. Test 304, except: 1) Compaction shall be performed between 285 and 290 degrees Fahrenheit. 2) The leveling load shall be applied while material is between 190 and 200 degrees Fahrenheit. 3) A Marshall base shall be used during leveling load procedure. 4) Sample shall be allowed to cool to less than 100 degrees Fahrenheit prior to removal from test sleeve and Marshall base assembly. California Test 308 Method A as modified in 302-5.6.2 C) and D) herein shall be used to determine density of the maximum compaction sample, except bottom surface shall be substituted for top surface in 302-5.6.2 D). In case of dispute, 1) shall be used, except Contractor may elect to use 2), but all costs for such procedures shall be borne by the Contractor to provide the full set of coring, tests and documentation in conformance with the Standard Specifications, except all test methods shall be modified as specified in these Special Provisions. Also, Contractor shall notify the Engineer at least 3 days in advance of coring operations, and immediately after core testing is complete Contractor shall deliver cores to the Agency for verification. Nuclear test procedures, including correlation with core densities, shall be in conformance with California Test 375, except as follows: B-65 SPC22-25 SP - 27 If a test section is placed and compacted for that purpose, rolling shall be provided as follows: 1) 2 passes with a vibratory breakdown roller; and 2) 4 passes with a static roller. Core locations for correlation with cores shall be selected based on appearance of relatively tight surface texture, and the test strip shall be selected on this basis. If a test location is determined to have a significantly open texture relative to other areas within the test strip, the location shall not be used. This selection criteria are not to be considered significant to the outcome of, but only as a guideline towards obtaining samples that are relatively well compacted to yield results with minimum standard deviation. The locations shall be well clear of grade breaks and joints. One core centered on the gauge will be used instead of two at each location. Use method 2) in this Subsection 302-5.6.2 to determine density of cores. Surface voids shall not be filled with sand. Contractor will be notified in writing at least 5 days in advance of such correlation testing and will be invited to have a nuclear gauge onsite to correlate a second gauge. If not independently calibrating at that time, Contractor shall bear the full expense of performing correlation for his nuclear gauge under the specified procedures, but shall notify the City 5 days in advance of such correlation testing, such that the City can correlate with the Contractor’s gauge, if Contractor disagrees with City’s test results. 302-5.6.2.2 Compaction Payment Reductions . Based on laboratory tests on AC pavements revealing a highly significant loss of life span for each 1 percent reduction of compaction, and the well known catastrophic effect of oxidation and stripping of asphalt products due to interconnected voids that develop below 95 percent compaction, and the extreme expense of removing and replacing pavement not compacted to the specified minimum, a nominal deduction of payment will be applied for under-compacted ARHM pavement. The bidder in submitting a bid fully accepts the provisions in this Subsection 302-5.6.2.2 and agrees that the nominal payment deduction is acceptable and reasonable for these purposes. Payment reductions will be applied to ARHM compacted less than 95 percent of maximum density, the specified minimum, and greater than 91.9 percent of the maximum density based on nuclear testing with Part 3 Test Site Selection of California Test 375 modified as follows: A lot will be one day’s production or other lesser area of paving as determined by the Agency to be deficient in terms of compaction, and a pull will be the width between joints or edge of pavement as the lot is placed. Test site selection will conform to California Test 375 Part 3, except the number of tests shall be the area of the lot in square feet divided by 400 and any test site within .5m of a grade break or pavement joint shall be relocated laterally towards the center of the pull to .5m from such joint or grade break. The mathematical mean average of percent of maximum density represented by all these tests shall be calculated, except any test results outside of this mean plus two standard deviations based on all tests, shall be rejected. The mean average shall be calculated directly from the remaining values. A compensation B-66 SPC22-25 SP - 28 reduction in conformance with Table 302-5.6.2A will be applied to the contract unit price for ARHM for material within any lot determined to be below minimum relative compaction, except any lot with tests indicating compaction 91.9 percent or less shall be removed and replaced at Contractor’s expense. 302-9.7 Rock Dust Blotter. Lack of uniformity of application of rock dust shall be cause to terminate paving operations. Rock dust blotter shall not be applied until intermediate rolling is complete, except as approved by the Engineer based on a fine uniform layer of rock dust, or at major intersections and access points. Payment for Construct 2-Inch Thick Asphalt Rubber Hot Mix (ARHM) Overlay shall be paid at the contract price per ton (TN) and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, tack coat, and other incidentals for doing all work, complete, and in place, involved in constructing ARHM overlay as indicated in the contract documents. 11 – COLD PLANE EXISTING AC PAVEMENT The provisions of Section 404-1, "GENERAL," of the Standard Specifications will apply except as modified and supplemented below: Cold paving machine shall be self-propelled and be specially designed and built for grinding flexible pavements. It shall plane without tearing or gouging the underlying surface, and blade removals into windrows. Drum lacing patterns shall permit grooved or smooth surface finish as selected by the Director of Public Works or his authorized representative and the drum shall be totally enclosed in a shroud to prevent discharge of any loosened material into adjacent work areas. The machine shall be adjustable as to crown and depth by tilting the drum axis. A dust suppression system with 700-gallon minimum water storage tanks and two high-pressure spray bars with spiral nozzles shall be standard equipment. The equipment shall be demonstrated to have been operated successfully on similar work completed prior to the award of this contract. The equipment shall meet or exceed the standards set by the Air Quality Act of 1969, for noise and air pollution and the N.P.D.E.S. requirements. Loosened material shall be removed so that no loose material remains on the project, and on parkways and side streets, at the end of each workday. The Contractor shall remove existing asphalt concrete overlay and slurry from gutters adjacent to any area specified to be cold milled, as directed by the Engineer. Loaders and trucks of approved size, type and number suitable for hauling planed materials shall be provided. The Contractor shall provide adequate protection to trees, curbs, gutters and other adjoining structures to ensure against damage from planning operations. Payment for Cold Mill Existing Asphalt Concrete Pavement 2-Inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full compensation and include but not be limited to furnishing all labor, materials, tools, equipment and incidentals required to cold mill existing asphalt concrete pavement. and no additional compensation will be allowed therefor. B-67 SPC22-25 SP - 29 12 – PORTLAND CEMENT CONCRETE CONSTRUCTION The installation of PCC drainage structures, curbs, curb and gutter, spandrels, cross gutter, sidewalk, handicapped ramps, bus pads, and driveway aprons, shall be constructed in the areas shown on the plans and shall comply with Subsection 303-5 of the Standard Specifications. Concrete class shall be 560-C-3250. Concrete shall be placed within 3 days of PCC concrete removals. The bid price for each concrete improvement shall include full compensation for all labor and materials to construct sidewalks, driveway approach, cross gutter, curb ramps, retaining curb, curb and gutter, bus pads, and to furnish and place Portland cement concrete, including equipment and incidentals required to complete the work, except asphalt concrete adjacent to concrete improvements shall be paid pursuant to Section 303-5.9. (a) Payment for Remove and Construct 4-Inch Thick PCC Sidewalk shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, and incidentals for Remove and Construct 4-Inch Thick PCC Sidewalk and no additional compensation will be made therefor. (b) Payment for Remove and Construct Sidewalk with Deep Footing per Detail shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, and incidentals for Remove and Construct Sidewalk with Deep Footing and no additional compensation will be made therefor. (c) Payment for Remove and Construct Curb Ramp per SPPWC Std Plan No. 111-5, Case and Type per Plan shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, removal of existing improvements, saw cutting, hauling, disposing, installation of truncated domes, retaining curb, AC slot paving, restoration of existing landscaping and irrigation system, and incidentals for the construction of curb ramps and no additional compensation will be made therefor. (c) Payment for Remove and Construct Curb and Gutter per SPPWC STD Plan No. 120-2 (A2-8), or to Match Existing, See Detail on Sheet 2 shall be paid at the contract price per linear foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, AC slot paving, tools, equipment, saw cutting, hauling, disposing, and incidentals for Construct Curb and Gutter per SPPWC STD Plan No. 120-2 (A2-8), or to Match Existing, See Detail on Sheet 2 and no additional compensation will be made therefor. (d) Payment for Remove and Construct Curb per SPPWC STD Plan No. 120-3 (A1-6), or to Match Existing, See Detail on Sheet 2 shall be paid at the contract price per linear foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, AC slot paving, tools, equipment, saw cutting, hauling, disposing, and incidentals for Construct Curb and Gutter per SPPWC STD Plan No. 120-2 (A1-6), or to Match Existing, See Detail on Sheet 2 and no additional compensation will be made therefor. Curb ramps detectable warning panel shall be per CAST IN TACK or approved equal. Color shall be City select. Payment for detectable warning panel shall be included in the unit price bid for B-68 SPC22-25 SP - 30 remove and construct curb ramp per SPPWC Standard Plan No. 111-5 and per detail as shown on Plan. 13 – PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS (a) General: Except as may otherwise be provided in specific instances, nothing in the Contract shall be constructed as vesting in the Contractor any property right in any material, article or structure existing at the time of award of Contract within the area in which the work is to be done; or in any material or article subsequently furnished for the work by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Section 7 In the latter event any such material, article, structure or work shall become the property of the agency after being so accounted for. The Contractor shall maintain all existing roadside mailboxes and signs including, but not limited to directional, warning, advisory, regulatory, bus stop, and street markers, in an erect and functional position and conditional all times during the construction period in temporary locations as designated by the Director of Public Works or his authorized representative. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency. Contractor shall submit video documentation with a log of existing damages prior to commencing with work. Should a resident claim existing improvements were damaged by construction, and Contractor did not confirm status per above, Contractor shall restore existing improvements at no cost to the City. If work requires the contractor to verify the depth and location of utilities, the contractor shall conduct potholing. The cost of the potholing shall be included in the item of work requiring the potholing to be done and no additional compensation will be made therefor. When an interfering portion of a privately owned sprinkler system is removed, heads and other salvable material shall be carefully removed and placed on the adjacent property. Any of the materials not wanted by the owner shall be removed from the site by the Contractor. Removal, repair, or capping shall be as directed by the Director of Public Works or his authorized representative. Protection and restoration of existing improvements shall be considered part of the various items of work and no separate compensation will be allowed therefor. Contractor shall confirm operational status of all affected irrigation with inspector and resident prior to commencing work. Should resident claim their system was damaged by construction, and Contractor did not confirm status per above, Contractor shall restore system to operation at his own cost. Contractor shall relocate/adjust existing manhole covers, utility boxes, valves, valve covers, vaults, and other appurtenances to grade and the costs are to be included in the various bid items and no additional compensation shall be made therefor. 14 – APPURTENANT WORK All items in the Bid Schedule are for construction completed in place, including all incidentals, appurtenant work and materials necessary for the satisfactory completion of the work. Full payment shall be considered as the bid prices for the items of work, and no additional compensation will be made therefor. 15 – COMPACTION TESTING B-69 SPC22-25 SP - 31 The City of Rancho Palos Verdes will provide all necessary soils compaction testing for this contract, except for work that has to be redone as noted below. The Contractor's requests for compaction testing shall be made to the Director of Public Works or his authorized representative a minimum of 2 working days prior to the time required for such work. The Contractor, at his expense, shall excavate the holes for all of the tests, backfill the holes and compact this backfill, and pave the surface, if required, after the test. Compaction tests on the subgrade which meet the specified requirements will be at the City's expense. All compaction tests which do not meet the specified compaction requirements will be at the Contractor's expense, with no compensation therefor. 16 – SIGNING, STRIPING, AND PAVEMENT MARKERS All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the 2018 Caltrans Standard Plans, and Standard Specifications, Section 81, “Miscellaneous Traffic Control Devices,” Section 82 “Signs and Markers”, and Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. All materials required for the completion of work as shown on the Plans shall be provided by the Contractor. (a) Roadside Signs Construction. New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC, except as specified otherwise, the metal post shall be 2” galvanized steel telespar “qwik punch” type. The length of the metal post shall be sufficient to extend from the top of the sign to 30 inches below the top of the concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the lowest sign. The depth of the concrete footings shall be sufficient to extend at least 6 inches below the bottom of the posts. Quarter inch (¼ inch) expansion paper shall be placed between the sign foundation and sidewalk. Marker and delineators shall conform to the provision in Section 81, "Miscellaneous Traffic Control Devices". Posts for Type K marker shall be Series 400 Repo as noted on the plans. Payment. Payment for signing shall be included in the lump-sum bid price for signing and striping per intersection, and no additional compensation will be allowed therefor. (b) Traffic Stripes and Pavement Markings Description. Traffic stripes, crosswalks, and pavement markings shall be thermoplastic unless otherwise shown on the Plans. All existing curb markings within the project limits shall be repainted, as noted on the plans. B-70 SPC22-25 SP - 32 Control of Alignment and Layout. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½ inch in 50 feet from the specified alignment. The Contractor shall Premark the layout of any permanent traffic control striping, indicating the proposed location and type of marking to be installed. The pre-marking may consist of Type D tape, chalk, or lumber crayons. The contractor shall allow 3 working days for the inspection and approval of the pre-markings prior to placing the permanent markings. The Contractor shall furnish and install traffic delineation markings using paint “Cat Tracking”, temporary marking tape, removable reflective tabs, or other approved media on the same working day as existing stripes and legends are lost - including but not limited to bicycle lanes, stop bars, and lane lines – to match preexisting markings. When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every 5 feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer. The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic. The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint. Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays. Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by grinding method per Section 81-8.03B, “Remove Pavement Markers,” and Section 84-9.03B, "Remove Traffic Stripes and Pavement Markings" of the State Standard Specifications. Thermoplastic Traffic Stripes and Pavement Markings: Materials. Traffic striping shall be thermoplastic including crosswalks, arrows and other pavement legends. The 1st layer of glass beads shall be Bonded Core Reflective Elements manufactured by 3M and must be on the Authorized Material List for high-performance glass beads. The color of the glass beads must match the color of the stripe or marking to which they are being applied. The 2nd layer of glass beads must comply with AASHTO M 247, Type 2. The glass beads used in both layers must be surface treated for use with thermoplastic under the bead manufacturer's instructions. The installation of traffic stripes includes placement of raised pavement markers when called for on the plans. B-71 SPC22-25 SP - 33 Painted Traffic Stripes and Pavement Markings: Materials. Paint for curb markings shall be ready-mixed rapid dry type. Ready-mixed paints shall be suitable for use on either asphalt concrete or portland cement concrete. Application. Paint shall be applied in two coats. The second coat of paint shall be applied no less than 24 hours from application of the first coat. Each coat of paint shall include glass beads. Payment. Payment for striping details, pavement markings, and curb marking shall be included in the lump-sum price bid for signing and striping per intersection, and no additional compensation will be allowed. (c) Pavement Markers Placement. Adhesive for raised pavement markers shall be rapid set type epoxy. Removal of pavement markers shall be per Section 81-8.03B, “Remove Pavement Markers.” Payment. Payment for pavement markers shall be included in the lump-sum price bid for signing and striping per intersection, and no additional compensation will be allowed therefor. 17 – ELECTRICAL WORK AND SYSTEMS All equipment, materials, and components for traffic signal loop replacement shall conform to the 2018 Caltrans Standard Plans and Revised Standard Specifications, Section 86, "Electrical Work" and Section 87 “Electrical Systems” unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from the Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. All materials required for the completion of work as shown on the Plans shall be provided by the Contractor. Section 86 – General 86-1.01 General. 86-1.01C Submittals. The schedule of values (cost breakdown) shall be submitted to the Engineer in conjunction with equipment list and drawings, if applicable. Equipment List and Drawings shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. Materials lists, manufacturer's data, brochures, technical data, etc., shall be labeled and identified, and shall be submitted in bound booklet form. B-72 SPC22-25 SP - 34 The Contractor shall retain one copy of all approved material lists and samples at the job site, readily accessible for inspection by the Engineer. Said materials lists and samples shall be the basis for approval or rejection of work. The Contractor shall guarantee the entire work constructed under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at the Contractor’s expense, any repairs or replacements made necessary by defects in workmanship or materials that becomes evident within 1 year after acceptance of work by the Agency and to restore to full compliance with the requirements of these Specifications, any part of the work which during the 1-year period is found to be deficient with respect to any provision of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. Whenever any work or equipment is to be guaranteed or maintained by a manufacturer, supplier, or subcontractor, said obligation shall be that of the Contractor. All guarantees shall be in writing and delivered to the Engineer by the Contractor prior to final acceptance of the work. Quality Assurance. Department Acceptance. Materials and equipment furnished by the Contractor shall be tested at an independent testing facility designated by the City. Cost for testing and delivery to and from the test site shall be considered as included in the lump-sum price bid for traffic signal installation/modification, and no additional compensation will be allowed. Materials. General. Circuit conductors shall be THW PVC type. Section 87 – Electrical Systems General. No work shall commence and no material or equipment shall be stored at the jobsite until such time that the Contractor notifies the Engineer in writing of the date that all electrical materials and equipment are to be received. Upon receipt of said notification by the Engineer, the Contractor may commence work within 5-working days prior to said delivery date. Where the Contractor-installed facilities are damaged prior to final acceptance by the Engineer, the Contractor shall repair or replace such facilities at his own expense. The job site shall be maintained in a neat and orderly condition at all times and areas of sidewalk removal to be left open for less than 5 days shall be covered with plywood sheeting and barricades. Areas to be left open more than 5 days shall be patched with temporary AC pavement, smoothed to provide a level finished walking surface. Conductors and Cable Installations. Inductive Loop Conductors. Loop wire shall be Type 2. Conductor and Cables Splices. B-73 SPC22-25 SP - 35 Splice Insulation Methods. Splices shall be Type C insulated by Method B, as shown on State Standard Plan ES-13A, except detector conductor (video, loop, et cetera) splices shall be Type S or T insulated by Method B, as shown on Standard Plan ES-13A, and shall also be soldered. Utility Service. Electrical service equipment installation and conduit run details shall be as specified by the serving utility company, and written proof of their approval by the utility shall be submitted to the Engineer prior to installation. The Contractor shall be responsible for all service details, expenses, and scheduling far in advance of need. The Contractor shall pay all service connection fees. Detectors. General. Vehicle detectors shall be of the inductive loop, Type E. Limit line loops shall be modified Type E bicycle detector loops per City of Los Angeles Standard Drawing No. S-70.1D. Place limit line loops 2 feet into crosswalk. Detector loop locations shall be approved by Engineer in the field prior to installation. PVC conduit per Standard Plan ES-5D, Curb Termination Detail, Type B, shall be installed wherever a loop-wire saw cut crosses an expansion joint or pavement type change. The sides of the loop saw cut slots shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be 1½-inches. Slot width shall be a maximum of ¾- inch. Slots of circular loops shall be filled with elastometric sealant. Loops shall be installed on the same day in which the loop slots are cut. This shall include placement of the loop conductors and sealant. Payment. Payment for inductive loop detectors shall be per unit price bid for each Loop Detector as shown on the Plans, and no additional compensation will be allowed therefor. 18 – Culvert Location Contractor shall pothole existing culvert prior to beginning cold mill operations. The culvert shall be protected throughout construction. If culvert is damaged during construction or potholing operations, the Contractor shall repair any damage at their own expense and no compensation shall be made therefor. Payment for Pothole Culvert on Silver Spur Dr at Basswood Ave shall be paid at the contract price per Each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, temporary resurfacing, permanent resurfacing and incidentals for potholing existing culvert and no additional compensation will be made therefor. B-74 SPC22-25 SP - 36 CHECKLIST FOR BIDDERS The following information is required of all Bidders: ____ Signed Proposal ____ Completed Bid Sheets ____ Completed Information Required of Bidders Form ____ Executed Statement Acknowledging Penal and Civil Penalties Concerning the Contractor's Licensing Law ____ Designation of Subcontractors ____ Completed Contractors Industrial Safety Record ____ Bid Bond ____ Non-Collusion Affidavit B-75 SPC22-25 P - 1 PROPOSAL CITY OF RANCHO PALOS VERDES STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PROJECT NO. 8843 TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY COUNCIL of the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is (Insert "$ cash," "Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Sheets. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter, defaults in executing the required contract, with necessary bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. Licensed in accordance with an act providing for the registration of contractors, California Contractor's License No. , Class , Expiration Date . Signature(s) of bidder: If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. Legal Business Name: Address: B-76 SPC22-25 P - 2 Telephone: Contact: Proposals which do not show the number and date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will be rejected. To be submitted with each bid to contract for City of Rancho Palos Verdes STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PROJECT NO. 8843. Bid Date This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate, or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. B-77 SPC22-25 P - 3 BID SCHEDULE INCLUDES ALL WORK TO BE DONE ON CITY OF RANCHO PALOS VERDES STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PROJECT NO. 8843 IN THE CITY OF RANCHO PALOS VERDES BID SHEET NAME OF COMPANY: To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PROJECT NO. 8843, in accordance with the specifications and plans in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: ITEM NO. DESCRIPTION ESTIM ATED QUANT ITY UNIT PRICE UNIT EXTENDED AMOUNT 1. Traffic Control 1 LS $ $ 2. Remove and Construct 4-Inch Thick PCC Sidewalk. 860 SF $ $ 3. Remove and Construct Sidewalk with Deep Footing per Detail 6,420 SF $ $ 4. Remove and Construct Curb Ramp Per SPPWC Std Plan No. 111-5, Case and Type per plan 5 EA $ $ 5. Remove and Construct Curb and Gutter per SPPWC Std Plan Type A2-8, or to match existing. See Detail "A" on sheet 2. 10 LF $ $ 6. Cold Mill Existing Asphalt Concrete Pavement 2-Inch Uniform Depth. 176,000 SF $ $ 7. Remove and Construct Asphalt Concrete Pavement 320 TN $ $ B-78 SPC22-25 P - 4 ITEM NO. DESCRIPTION ESTIM ATED QUANT ITY UNIT PRICE UNIT EXTENDED AMOUNT 8. Construct Asphalt Rubber Hot Mix (ARHM) Overlay 2,130 TN $ $ 9. Signing and Striping 1 LS $ $ 10. Loop Detectors 21 EA $ $ 11. Pothole Culvert on Silver Spur Dr at Basswood Ave 2 EA $ $ TOTAL FOR BID SCHEDULE TOTAL AMOUNT IN WORDS FOR BID SCHEDULE B-79 SPC22-25 P - 5 INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information: (Additional sheets may be attached if necessary.) (1) Address: (2) Telephone: (3) Type of firm - Individual, Partnership, or Corporation: (4) Corporation organized under the laws of the State of (5) Contractor's license number and class: (6) Department of Industrial Relations Registration No. (7) Registration Date Expiration Date (8) Email Address (9) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: (10) Number of years experience as a contractor in construction work (11) List at least three similar projects completed as of recent date: Contract Amount Class of Work Date Completed Name, Address of Owner, & Telephone No. B-80 SPC22-25 P - 6 (12) List the name and address of such subcontractor who will perform work in or about the work of improvement and indicate what part of the work will be done by each such contractor: BIDDER proposes to subcontract certain portions of the work which are in excess of one-half of 1 percent of the total amount bid or $10,000, whichever is greater, as follows: a) Name Address Telephone Number Email Address State Contractor’s License No. and Class Department of Industrial Relations Registration No. Portion of Work b) Name Address Telephone Number Email Address State Contractor’s License No. and Class Department of Industrial Relations Registration No. Portion of Work c) Name Address Telephone Number Email Address State Contractor’s License No. and Class Department of Industrial Relations Registration No. B-81 SPC22-25 P - 7 Portion of Work d) Name Address Telephone Number Email Address State Contractor’s License No. and Class Department of Industrial Relations Registration No. Portion of Work e) Name Address Telephone Number Email Address State Contractor’s License No. and Class Department of Industrial Relations Registration No. Portion of Work Prior to award of Contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer. (13) List the name of the person who inspected the site of the proposed work for your firm: (14) NOTE: Upon request of the Redevelopment Agency, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. (15) Bidder shall be properly licensed in accordance with Business and Professional Code Section 7028 at the time of the Business and Professional Code shall be considered non-responsive and his bid shall be rejected. B-82 SPC22-25 P - 8 (16) Within 24 hours of the bid opening, the apparent low bidder shall submit the following information for each subcontractor: Sub-Contractor Name License No. and Class Subcontractors License verified with California Contractor’s State License Board on By: Title Sub-Contractor Name License No. and Class Subcontractors License verified with California Contractor’s State License Board on by Title B-83 SPC22-25 P - 9 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code 7028.15] [Public Contract Code 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business & Professions Code 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now ' 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non- responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. B-84 SPC22-25 P - 10 (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: Class: Expiration Date: Date: Signature: B-85 SPC22-25 P - 11 DESIGNATION OF SUBCONTRACTORS [Public Contract Code 4104] Public Contract Code 4104 provides as follows: Any officer, department, board or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received from the doing of the work incident to the public work or improvement that of any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth: (a) The name and the 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, specially 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 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. (b) The portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid. Subcontractor’s Name and Contract Name Address and Telephone No. Portion of Work and Percent of Total Bid B-86 SPC22-25 P - 12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Record Last Five (5) Full Years: Year of Record 20__ 20__ 20__ 20__ 20__ Total Current Year 1. No. of contracts 2. Total dollar amount of contracts (in thou- sands of $) *3. No. of fatalities *4. No. of lost workday cases *5. No. of lost workday cases involving per- manent transfer to another job or termi- nation of employment The information required for these items is the same as required for Columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational Injuries and Illnesses No. 102. The above information was compiled from the records that are available to me at this time, and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Name of Bidder (print) Signature Address State Contractor's Lic.# & Classification City Zip Code Telephone B-87 I SPC22-25 P - 13 Bond No. BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the (“Public Agency”), has issued an invitation for bids for the work described as follows: STREET REHABILITATION ON SILVER SPUR RD NORTH OF HAWTHORNE BLVD – PROJECT NO. 8843. WHEREAS (Name and address of Bidder) (“Principal”), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE, we, the undersigned Principal, and , (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), being not less than ten percent (10%) of the total bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with bidding specifications, furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and furnishes the required insurance coverages, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the Public Agency in the suit and reasonable attorneys' fees in an amount fixed by the court. Surety hereby waives the provisions of California Civil Code ' 2845. B-88 SPC22-25 P - 14 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: “Principal” By: Its By: Its (Seal) “Surety” By: Its By: Its (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in- fact must be attached. B-89 SPC22-25 P - 15 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code 7106] State of California ) ) ss. County of ) , being first duly sworn, deposes and says 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 (Date) State of California County of ) Subscribed and sworn to (or affirmed) before me on this day of , 2008, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature (seal) B-90 SPC22-25 C - 1 CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT TO BE SUBMITTED BY SUCCESSFUL BIDDER:  Two Executed Notarized Copies of the Contract (Attached)  Payment Bond in Amount of Contract (Attached)  Performance Bond in Amount of Contract (Attached)  Workers' Compensation Certificate (Attached)  Liability Insurance Certificate in the Amount of $5 Million, Naming the City as a Co-insured  Automobile Insurance Certificate in the Amount of $5 Million, Naming the City as a Co- insured  Agreement To Comply with California Labor Law Requirements (Attached)  Business License with the City of Rancho Palos Verdes  Indemnification and Hold Harmless Agreement (Attached)  Additional Insured Endorsement - Comprehensive General Liability (Attached)  Additional Insured Endorsement - Automobile Liability (Attached) B-91 01203.0006/770637.1 PUBLIC WORKS AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and _____________________________________ B-92 -1- 01203.0006/770637.1 AGREEMENT FOR PUBLIC WORKS SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND _____________________ THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into on , 2023 and between the City of Rancho Palos Verdes, a California municipal corporation (“City”) and ________________, _________________ (“Contractor”). City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.” RECITALS A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to enter into and execute this Agreement. D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: ARTICLE 1. WORK OF CONTRACTOR 1.1 Scope of Work. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this B-93 -2- 01203.0006/770637.1 Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Bid Documents. The Scope of Work shall include the “General Provisions” and “Special Provisions” in the bid documents for the project entitled __________________________________________, including any documents or exhibits referenced therein (collectively, “bid documents”), all of which are incorporated herein by this reference. In the event of any inconsistency between the terms of the bid documents and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered. 1.4 Compliance with California Labor Law. (a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. (c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified B-94 -3- 01203.0006/770637.1 in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. (g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. (h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows: “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.” Contractor’s Authorized Initials ________ (i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all B-95 -4- 01203.0006/770637.1 actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.5 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder. 1.6 Familiarity with Work. (a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. (b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder. (c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement. (d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided B-96 -5- 01203.0006/770637.1 either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. (e) City will compensate Contractor to the extent required by Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement. 1.7 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work. 1.8 Warranty. Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. B-97 -6- 01203.0006/770637.1 Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 1.9 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.10 Additional Work and Change Orders. (a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder. (b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows: (i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted. (ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of B-98 -7- 01203.0006/770637.1 equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed. 1.11 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern. ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT. 2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $______ (________________ Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10. 2.2 Method of Compensation. The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention; (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation. 2.3 Reimbursable Expenses. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the B-99 -8- 01203.0006/770637.1 attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.4 Invoices. Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person. City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. 2.5 Waiver. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this B-100 -9- 01203.0006/770637.1 reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section. 3.4 Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively. 3.5 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). ARTICLE 4. COORDINATION OF WORK 4.1 Representatives and Personnel of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: ________________________ ________________________ B-101 -10- 01203.0006/770637.1 (Name) (Title) ________________________ ________________________ (Name) (Title) ________________________ ________________________ (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. 4.2 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights. 4.3 Contract Officer. The Contract Officer shall be [_____________________________ or] such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, B-102 -11- 01203.0006/770637.1 except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance Coverages. Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Additional Insurance as referenced in Section 5.2(a) below shall provide coverage for both ongoing and completed operations, and shall provide for both a defense and indemnity of the City. B-103 -12- 01203.0006/770637.1 (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than five (5) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. (f) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form, or other form acceptable to the City, providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. (g) Builder’s risk insurance. Upon commencement of construction and with approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and City, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may B-104 -13- 01203.0006/770637.1 appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. (h) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. City shall be an additional insured on all subcontractor polices pursuant to this Section 5.1 and Section 5.2 below. (i) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”. 5.2 General Insurance Requirements. (a) Proof of insurance. Contractor shall provide additional insured endorsements to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Certificates of Insurance will not be acceptable. Endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current Endorsements and Declarations pages shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. In the event the City makes such a request, Contractor shall immediately provide the requested policies and provide any such Privacy Act release required by the City to Contractor’s insurers relative to policy information. (b) Duration of coverage. Unless a longer or shorter term is specified herein with respect to a specific type of insurance, Contractor shall procure and maintain for the duration of this Agreement all of the insurance required by this Agreement.. (c) Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years [EXTEND TIME FRAME FOR B-105 -14- 01203.0006/770637.1 MAJOR/COMPLEX PROJECTS] after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. (d) Primary/noncontributing. For insurance required by Section 5.1(a) and (b) coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall comply with the Proof of Insurance requirements of paragraph 5.2(a), and must contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (e) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (g) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (h) Enforcement of contract provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (i) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference B-106 -15- 01203.0006/770637.1 to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (j) Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. Commercial General Liability and Automobile policies shall contain a severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. Contractor shall be responsible for immediately satisfying any deductible, retained limit or self-insured retention in order for the City to be afforded an immediate defense. (p) Timely notice of claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City’s failure to promptly tender defense directly to any insurer shall not be considered B-107 -16- 01203.0006/770637.1 “voluntary” within the meaning of any insurer’s “voluntary payments” clause or similar provision. No defense costs or indemnity obligation incurred by the City in any matter arising from or related to Contractor’s acts or omissions in the performance of this Agreement shall be considered “voluntary.” (q) Additional kinds of insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Contractor will upon tender of defense by the City, immediately defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith. Contractor expressly waives any contention that an immediate defense obligation does not arise pursuant to any provision of the California Civil Code and/or Crawford v. Weathershield (2008) 44 Cal.4th 541, or its progeny. (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees. In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights, B-108 -17- 01203.0006/770637.1 copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same. Contractor shall incorporate the provisions of this Section 5.3 in all indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. 5.4 Notification of Third-Party Claims. City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification. 5.5 Performance and Labor Bonds. Concurrently with execution of this Agreement Contractor shall deliver to the City, the following: (a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement. (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided by the City Clerk, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement. Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and materials for work and services under this Agreement. 5.6 Sufficiency of Insurer or Surety. Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a B-109 -18- 01203.0006/770637.1 financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager. 5.7 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor. 5.8 Release of Securities. City shall release the Performance and Labor Bonds when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Work has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor B-110 -19- 01203.0006/770637.1 in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City. 6.4 Confidentiality and Release of Information. (a) information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City B-111 -20- 01203.0006/770637.1 Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Disputes. (a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed B-112 -21- 01203.0006/770637.1 to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. (b) Dispute Resolution. This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. B-113 -22- 01203.0006/770637.1 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable, in addition to any liquidated damages pursuant to paragraph 5.2(b) above, for and shall pay to the City the sum of ___________________________ Dollars ($_________) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities. 7.8 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon fourteen (14) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. B-114 -23- 01203.0006/770637.1 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 7.11 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to the City 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. § 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 related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties. ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor B-115 -24- 01203.0006/770637.1 without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. 8.4 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City. ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Notices. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively. B-116 -25- 01203.0006/770637.1 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 9.5 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.6 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or B-117 -26- 01203.0006/770637.1 employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Contractor’s Authorized Initials _______ 9.7 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] B-118 -27- 01203.0006/770637.1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ Eric Alegria, Mayor ATTEST: Emily Colborn, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP William W. Wynder, City Attorney CONTRACTOR: ____________________________________ By: _______________________________ Name: Title: By: _________________________________ Name: Title: Address: Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. B-119 01203.0006/770637.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. B-120 □ □ □ □ □ □ □ □ □ 01203.0006/770637.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE 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. B-121 □ □ □ □ □ □ □ □ □ 01203.0006/770637.1 A-1 EXHIBIT “A” SCOPE OF WORK I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “General Provisions” and “Special Provisions” included in the bid documents for the project entitled _____________________________________________, including any documents or exhibits referenced therein. II. Brief description of the work to be performed: III. In addition to the requirements of Section 6.2, during performance of the work, Contractor will keep the City apprised of the status of performance by delivering the following status reports: A. B. C. IV. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City. V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition. B-122 01203.0006/770637.1 B-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) B-123 01203.0006/770637.1 C-1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, and listed below: II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10. IV. The City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $___________ as provided in Section 2.1 of this Agreement. B-124 01203.0006/770637.1 D-1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Contractor shall perform all work within _____________________________ starting on the Notice to Proceed date. Prior to the Notice to Proceed, the Contractor must submit a project schedule for approval. II. Short summary of the work: III. Contractor shall deliver the following tangible work products to the City by the following dates. A. Daily Reports will be delivered to the City weekly. Daily Reports must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. B. Certified payroll will be delivered to the City biweekly. Certified payroll must be delivered and accepted prior to any progress payment up until the date that work is being invoiced for. IV. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. B-125 01203.0006/770637.1 D-1 PERFORMANCE BOND WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________; WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. Executed on 20___. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) B-126 01203.0006/770637.1 D-2 Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. B-127 01203.0006/770637.1 PAYMENT BOND (Labor and Material Bond) WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to __________________________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:__________________________________________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ________________________________________ ($______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. B-128 01203.0006/770637.1 Executed on , 20____. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. B-129 01203.0006/770637.1 WORKERS COMPENSATION INSURANCE CERTIFICATE Description of Contract: City of Rancho Palos Verdes Project: _____________________________________________ Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner. The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy. POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY Workers' Compensation: Statutory Limits Under the Laws of the State of California Employers' Liability: $_________________ Each Accident $_________________ Disease - Policy Limit $_________________ Disease - Each Employee Named Insured (Contractor) Insurance Company Street Number Street Number City and State City and State By (Company Representative) (SEE NOTICE ON NEXT PAGE) B-130 01203.0006/770637.1 Insurance Company Agent for Service of Process in California: Name Agency Street Number City and State Telephone Number This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein. This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy. NOTICE: No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company. B-131 01203.0006/770637.1 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard B-132 01203.0006/770637.1 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) B-133 01203.0006/770637.1 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) B-134 01203.0006/770637.1 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard B-135 01203.0006/770637.1 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) B-136 01203.0006/770637.1 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) B-137 01203.0006/770637.1 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. B-138 01203.0006/770637.1 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . B-139 01203.0006/770637.1 (signatures on following page) I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) B-140 SPC22-25 APPENDICES B-141 SPC22-25 APPENDIX I STANDARD DRAWINGS B-142 SPC22-25 APPENDIX I-1 B-143 R 4 ' 12 20 mm MIN RANSI TION 4:1 MIN X I I X I -1 ,~•· {12 20 mm) A !i" .e,R B 4' 1220 mm ~~1~(1220 ~m) "'::, A OR B SEE R GURE I R JxPE l TYPE 2 PARTS OF lHIS STANOARO PlAN SHOW INSTALLATION FOR TYPICAL RETROFIT CONDI TIONS, ANO ARE NOT FUU. Y CCt.<PUANT \\lTH CALIFORNIA BUILDI NG CODE REQUIREMENTS FOR NEY/ DEVELOPMENT. CASE A S I A NL>A H L> 1-'L ANS ~ Ut< 1-'U tlllt; WUKKS t;UNS I HUt; IIUN fl1!0WJLGAffD Bl' Thi!: PV9UC WQIIIIC$ $T.4Ni)AA:0$ INC. Cllt'.Dl90Q( cc»,wntt ,m 1'1£V, l tM. 2003. 200$. 2009. _, STANDARD PlAN CURB RAMP 111-5 SPC22-25 APPENDIX I-2 B-144 CURB CURB f ACE WHERE PLAN TING AREA IS ADJACENT TO THE CURB RAMP. USE CASE A, TYPE 6 z ':i '? "' E ~o i~ u ~ .. ~tiERE PLANTING AREA IS A0,JAC£NT TO THE CURB RAMP, USE CA$£ A, T'!l'E 6 BCR RADE BREAK TYP E 3 CRADE BREAK TYPE 4 CASE A S TANDARD PLANS FOR P UBLI C WORKS CONSTRUCTION STANDARD P LAN CURB RAMP 111-5 SHEE T 2 OF 1 SPC22-25 APPENDIX I-3 B-145 •• 12:20 mm R z z ¾;r' ~ ~200mm) PCC WAl.J( R NOTE CU< CURB FACE If" P\.AH nNG AREA IS NOl ADJACENT l O SHX fl.ARC. US( ~r PER T,a.t 2 FOR TM.Al 11.AAE A OR B SE[ f1CURt 1 P\.AlfTIHG AREA TYPE 5 TYPE 6 CAS E A STANDARD PLAHS FOft PU8UC WOAt<S CONSTRUCTION CURB RAMP 111-5 SPC22-25 APPENDIX I-4 B-146 c,, QJR8 rAt:£ ~ X I I TYPE l TYP E 2 CASE B STANOARO PLANS F'OR PU8UC WORl(S CONsmucnON j;fANOi,IW:) ttu.,,i CURB RAMP 111-5 SPC22-25 APPENDIX I-5 B-147 SIC£W ANQ.£ a-•~· oma .. o Utl..£SS OlHE'R'MS£ N0T£0 ON Pl.AN'$ M CUfl9 FAC£ CUfi8 '"" y 5£EDElM.A.8. CM A ~~ NOTE & NOl[ 2 y ) NOTt 2 1[ • TYPE 1 X•◄• (1220 mm) IF ADJACENT TO P\.AH11NC ARCA.. OTHC'IIMS( SEI: fMIU 1 DPE 2 STANDARD PLAHS FOft P'U8UC WORKS CONSTRUCTION CURB RAMP CASE C CASED 111-5 SPC22-25 APPENDIX I-6 B-148 .c• (1220 mm) m 5 < z A ORB s A R 10 PV,NTING AREA (1220 mm) M,~ s C\JRB FACE' n ~ WARKED CROSSWAU< • I 20 mm ~ ~ ....... s Cfl()$S'liAU( 8RENC \ ·-~ . I < l<i ... KEO N =AX CROSSWAl..k - • TYPE 1 •« 81<£1.l< X NOT[• TYPE 2 CASE E STANOARO PLANS FOR PUBLIC W-S CONS1RUCTION CURB RAMP 111-5 """ SPC22-25 APPENDIX I-7 B-149 st£ NOTt 6~ EXISTING I I ROAOWAY_-i._ 5.C ~ L__e,r A2-0 CURB AHO GUlltR SECTION A-A U1iit AOJRt 1 TO ~...-Ht M1ICH OF SECTION$ A-A.. a-8 OR C-C IS APPROPRAfE. , ,AJl,,R£SS BACK Of WAUc: U. OCTA&. A. 8, C Ollt O, 5H[£l 10. i__,,;rA2-0 QIR9 ANO w,nil,-.-' SECTION B B SECTION C-C z ~ z I 1(1220 """'' I ~------',~---"'n DO'lltSS ~8ACll=_,,cr,_,,wAU(=._ \~ ----~ g ;:~ 's:.« .,AU( SECTION R-R 1 •· 7 7 ~l OR LE"' STANDARD PLAHS fOR PUBLIC WORKS CONSTRUCTION CURB RAMP 111 -5 SPC22-25 APPENDIX I-8 B-150 PARKWAY 1'11D1H FT {m) •• s •• r If •• l(f 11' 12· 1J' ... .,. 1•· 1r ... 19' 21>' M-~~~IM~~~M~MMMMM~- 1· (25: I I I I I I -' E 2· (so; ~ E ' ~ en J" (75) ' J uJ 1---:,: 4• (100~ ' u u .... j SECTION A-A t z 5• (125)-,I LAHIJNC = •• 11220 mm' r-.... I tf -6" (150, '""' ' <( 7" (1 75 ..... Ill r 1200► ~ a: :::, J r--., u •• (225) '-.. -:;J, 1()" (250, --~'n:vro,~ ~ " C::: W (27 0 r--.. z 12" (JOO .. lfOA( EIG!JBE I -SECTION USAGE HOf\\lM. 111HfR[ f lGUtt 1 9tOWS US[ C,-SECmH 8-8. flGUflE Z 0Jfm f'AC(. SEC~ Y-Y cu«N5IOH AS FQIJ.OWS: INCHES (mm) X. FT (mm) Y, n {mm) W = PARKMY 111Dll1 2" (SO) 4.0I/ (1220) MIN 2.GJ' (700) L = LANDlm M>TH , ,· (t220 mm) f'J'P J' (75) ~.00 (1 220) "" J.95' (11M) l = {(Y+<)-WJ , 0.760 ,~ (100} 4.0I/ (12:20) MiN ,.20· (1)80) W' (Y-+L) < 'If, 1M£N i • 0 s· (12S) .. ,r c121S) G.51f (1t7S) G' {ISO) 5/Xt (1S2S) 1.9/Y (2370) r (17$) ...,. (117") 9.21' (216:i.) a· (2001 ur (21>36) 10.53' (3160) •• (225) 7!,/1 (2285) 11 .84' (3556) 10· (200) ..,,. (25 .. ) ll.16' (39!10) W (27S) Sl.l7' (2795) 14,<tY (4340) 12· (JOO) 10.00' (JOSO) 1579' <•736) SU SJ-4(:CT 9 FC. S 1Rtl 1 SUlP( AOJJSNEkt f'ACTORS. AU. Sl'R!ETS TABt f t x AND X VALVES tAOl.f 1 RtfDtOIC( rau•tAAS: X • 0-/ O.JJJl y • 0-/ (•.ll."' -2'0 WAU1 CROSS 9.llf'<) ST.ANO ... RO PLANS FOR PVBUC WMKS CONSTRUCTION STMIONIO PUH CURB RAMP 111-5 ----,I.,_ 1ft SPC22-25 APPENDIX I-9 B-151 ctn,. •. \220 """" ,· (1220 mm) TYPICAi CURB RAMP ~~ ~ ·:~..----r! kz: :~rnR SECTION T-T n.ow "'' SLOP[[) SUlEET FOR SLOPED STR£ElS. MIA.tf'LY lliE OMCHSIONS P ARAU.n TO THC S1R££l. X ~ Z. UPSTftEAlrl NC> DO\WSTREAM <X lH[ RAMP. 8Y 1HE FACTatS N ll£ RJU.°"1HG TABlL FOR CXAMPU:, ~ • )( • K.t>CJlAtl s K.00,,, ...... .. ,.ooo 1.000 0.2S o.9n 1.02$ o.,s O.t4J 1.0154 ,. 0.8l) 1.1J6 .. O.toa 1.3 16 "' 0.730 1.583 •• o.•10 U2l ~· o.•~ 2.500 TABLE 2 -SLOPE ADJ,JSTMENTS TAll.t 2 RD'C'JICHCC. FQUilJLA~ IC.DO,.._. • l!.JJJll / (8..llJS + S) KJJP • 8.Jll:C / {$.JJ,Jll -S) STREET SLO PE ADJUSTMENTS STANDARD PLANS FOR PUBLIC WORKS CONSTR\JCTIDN CURB RAMP 111 -5 SPC22-25 APPENDIX I-10 B-152 0 0 0 0 0 0 0 0 0 0 •• , ,..,.. (60 mm) GROO't1NG DETAIL OETECIA61 E WARNING DETAIL CONSTRUCT f'EHCE <It HAHDRAI. PER CONtRACT PU.NS -...j a· 150 nm) -RETAIN"O CURS - .,..-,,. \(J) I ' ( ' DETAJ CllAOED Sl.OPE 2• 1 ~A'O SURFACE MAX---.._ i::--~i!l~!~ RCTAI .. NC QJRB--._ LB '~i---~p -\----~\ DETAIL C DETAIL D GENERAL NQJES; ,. •• OONC8£T£ SHAU. ££ a.ASS !20-C-2!00 (310-C-11} COHrORWINC TO SSPWC 201 -1.1.2 AND $HAU. 8E 4'" (100 mm) TMIQ<. lliE RAMP SHALL HA'i(: A 12" (3M mm) WOE 90F!0£R flll'H 1/',• (6 l"M"I) <.ROOYES APPROXIWAttLY 3/•• (19 mm) OC. SU CROCMNG DETAL THE RAWP SlJRfACt SHALL HA-.{ A tR~\OISt 8ROOM£D SURfAC( TEXTURE COHf'ORWINC TO S9i'WC 303-1 ;. US( DETAIL .,.. OF; "8'" IF £')0Stt4C SlJRFAOC BOIN) LMDINC IS PA\(D US( DCTM. ·c· 0A ,,. 1r OIIS1'NO SURrAct BtHIHO ~c tS UNPA\1'.D, l't: • ,• (900 mm) UNLES5 01"EJIIW5t SHO* ON Pl.NI. SEE 9E!:T 7 1, AHCU • '1/2_ Utl.lSS OlHCR'IMSE SHO* CN PLAN. a CONS'TRUCT DtTEClAII.£ W,tJUiNC UrAct P£R 0£lAl. TlfS 9-iE't1. MA.ttRtM.S SHAU. BE PER OOWTRACT l)()QJWOITS. STANO•RO l'l.ANS FOR PUBLIC WORK$ CONSTRVCTlON CURB RAMP 111-5 SPC22-25 APPENDIX I-11 B-153 4. ~ J -6{150) rr ~ CD • ..... A.J -B{:2 0O !JiJ!i.lL ~ p Jlllli DR _ilH ■hi DKll\n::R , t:r.i~ !NiilllL DC flDUt.a!IJ ) FR:! I.ISi. !iT"N_D,1 (I! rT-j ...... ~I 11 lcf ■ •::,i: ,r ..... ,.9r,,1.~~1Ti"! ... ...... ID UDO DCj Nfiua: -0 S' { JCT::lN SPC22-25 APPENDIX II MATERIAL RECYCLE PACKET B-154 CITY OF RANCHO PALOS VERDES C&D MATERIALS ESTIMATE SPC22-25 APPENDIX II-1 Waste Management Planning for C&D Projects The attached packet is designed to track the amount of C&D debris diverted or disposed during the life of your project. Its contents are as follows: • Page 1 is the C&D Materials Management Plan. This page asks for basic project information, such as type, description, and contact information. • Page 2 is the C&D Materials Estimate. This form allows you to estimate the amount of debris to be generated during the course of your project. Space has been provided to list non-routine items such as draperies and fixtures that may be salvaged during deconstruction of a building. Conversion factors are provided at the end of packet for estimating purposes. • Page 3 is the C&D Materials Disposition Summary. This is your method to tabulate actual disposal and diversion activities at the end of your project and must be accompanied with supporting documentation, such as receipts or weight tickets. Pages 1 and 2 are to be submitted together at the time of material submittal. Page 3 is to be submitted at the end of the project, prior to final acceptance of project. If you require assistance in locating a recycling facility for a specific material, there are a number of websites that provide up to date information: • http://www.ciwmb.ca.gov/ConDemo/recyclers • http://ladpw.org/epd/brtap/recyclingsite/index.cfm You may also contact Public Works at 310-544-5245 or pick up a resource list from the Public Works department. Your assistance will help us accurately account for C&D recycling within the City. We look forward to being of service to you and greatly appreciate your time and cooperation. B-155 CITY OF RANCHO PALOS VERDES C&D MATERIALS MANAGEMENT PLAN FORM IS DUE TO CITY AT TIME OF MATERIALS SUBMITTAL SPC22-25 APPENDIX II-2 PROJECT NAME: DATE: PROJECT ADDRESS: Rancho Palos Verdes, CA 90275 CONTACT PERSON: TITLE: PHONE: ( ) - CONTRACTOR NAME: TITLE: PHONE: ( ) - PROJECT TYPE ROAD CONSTRUCTION OTHER (SPECIFY) ROAD OVERLAY SIDEWALK REPAIR PROJECT SIZE (S.F./LINEAR FOOT): DEMOLITION SCHEDULE: CONSTRUCTION SCHEDULE: DESCRIPTION OF PROJECT: OFFICE USE ONLY PLAN APPROVED BY DATE COMPLIANCE APPROVED BY DATE B-156 □ □ □ □ CITY OF RANCHO PALOS VERDES Please return this form to: Public Works Project Manager C&D MATERIALS ESTIMATE FORM IS DUE TO CITY AT TIME OF MATERIALS SUBMITTAL SPC22-25 APPENDIX II-3 PROJECT NAME: DATE: PROJECT ADDRESS/LOCATION: RANCHO PALOS VERDES, CA 90275 Prior to permit approval, please identify the materials and quantities that are scheduled to be recycled, reused, salvaged, or disposed of in a landfill and return the completed form to the Public Works Project Manager. A list of conversion factors is attached for your use in estimating quantities. MATERIAL TYPE ESTIMATED AMOUNT TO BE PROCESSED (BY VOLUME/WEIGHT) HAULER & FACILITY HAULER & DESTINATION Total Estimated Recycled Recycled Salvaged Landfilled Quantity Off-Site On-Site Asphalt Brick Concrete Soil Other (specify) *Note: Weight tickets or receipts must be submitted to the Public Works Project Manager on a predetermined schedule. B-157 CITY OF RANCHO PALOS VERDES Please return this form to: Public Works Project Manager C&D MATERIALS DISPOSITION SUMMARY (ACTUAL) FORM IS DUE TO CITY AT TIME OF MATERIALS SUBMITTAL SPC22-25 APPENDIX II-4 PROJECT NAME: DATE: PROJECT ADDRESS/LOCATION: RANCHO PALOS VERDES, CA 90275 Prior to final occupancy approval, please provide facility name, material, and total tonnage disposed and/or diverted. Copies of documentation, if not previously submitted, (i.e. weight tickets) must be attached. Return the completed form to the Public Works Project Manager. I. DISPOSAL FACILITIES Please name all of the facilities (i.e. landfill or inert facility name) materials were taken to: FACILITY NAME MATERIAL TOTAL TONNAGE II. RECYCLING FACILITIES Please name all of the recycling facilities or recyclers (materials given or sold to): FACILITY NAME MATERIAL TOTAL TONNAGE To the best of my knowledge, the above information is an accurate representation of the disposition of the construction and demolition materials generated on-site at the construction job. I understand that the City of Rancho Palos Verdes may audit disposal and recycling documentation. Print Name Signature Additional Notes / Comments: B-158 SPC22-25 APPENDIX II-5 Conversion Factors for C&D Reporting Material Size LBS Asphalt, crushed 1 cubic foot 45 Asphalt/paving, crushed 1 cubic yard 1,380 Asphalt/shingles comp, loose 1 cubic yard 418.5 Asphalt/shingles comp 400 sq. ft. coverage 225 Asphalt/shingles comp Square 56.25 Asphalt/tar roofing 1 cubic yard 2,919 Brick, common hard 1 cubic foot 112-125 Brick, whole 1 cubic yard 3,024 Cement, bulk 1 cubic foot 100 Cement, mortar 1 cubic foot 145 Ceramic tile, loose 6"x6" 1 cubic yard 1,214 Chalk, lumpy 1 cubic foot 75-85 Charcoal 1 cubic foot 15-30 Clay, kaolin 1 cubic foot 22-33 Clay, potter's dry 1 cubic foot 119 Concrete, cinder 1 cubic foot 90-110 Concrete, scrap, loose 1 cubic yard 1,855 Cork, dry 1 cubic foot 15 Earth, common, dry 1 cubic foot 70-80 Earth, loose 1 cubic foot 76 Earth, moist, loose 1 cubic foot 78 Earth, mud 1 cubic foot 104-112 Earth, wet, containing clay 1 cubic foot 100-110 Granite, broken or crushed 1 cubic foot 95-100 Granite, solid 1 cubic foot 130-166 Gravel, dry 1 cubic foot 100 Gravel, loose 1 cubic yard 2,565 Gravel, wet 1 cubic foot 100-120 B-159 SPC22-25 APPENDIX II-6 Material Size LBS Mortar, hardened 1 cubic foot 100 Mortar, wet 1 cubic foot 150 Mud, dry close 1 cubic foot 110 Mud, wet fluid 1 cubic foot 120 Pebbles 1 cubic foot 90-100 Pumice, ground 1 cubic foot 40-45 Pumice, stone 1 cubic foot 39 Quartz, sand 1 cubic foot 70-80 Quartz, solid 1 cubic foot 165 Rock, loose 1 cubic yard 2,570 Rock, soft 1 cubic foot 100-110 Sand, dry 1 cubic foot 90-110 Sand, loose 1 cubic yard 2,441 Sand, moist 1 cubic foot 100-110 Sand, wet 1 cubic foot 110-130 Sheetrock scrap, loose 1 cubic yard 393.5 Slate, fine ground 1 cubic foot 80-90 Slate, granulated 1 cubic foot 95 Slate, solid 1 cubic foot 165-175 Soil/sandy loam, loose 1 cubic yard 2,392 Stone or gravel 1 cubic foot 95-100 Stone, crushed 1 cubic foot 100 Stone, crushed, size reduced 1 cubic yard 2,700 Stone, large 1 cubic foot 100 B-160 CITY OF RANCHO PALOS VERDES CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING This list was compiled by the City of Rancho Palos Verdes using information available at the time, for the purpose of assisting contractors to identify facilities available for diverting C&D materials. The City does not endorse any of the listed facilities, and the City does not require use of any of the listed facilities. All information included in the list is subject to verification by the user. SPC22-25 APPENDIX II-7 Recyclers CHANDLER’S INERT SOLID LANDFILL 26311 Palos Verdes Drive East  Rolling Hills Estates  310-784-2900 Notes: concrete, asphalt, clay dirt, sand rock ALEXANDER LAND CLEARING, INC 1311 E. Lomita Blvd  Carson  310-835-0247 Notes: asphalt and concrete CALIFORNIA WASTE SERVICES 621 W. 152nd St.  Gardena  90247  800-839-5550 Notes: Provide roll-off and 3-yard bins for recycling of mixed C&D. JWR 3031 East "I" Street 90744 Wilmington (In Los Angeles) Phone: (562) 590 - 8531 Fax: (562) 590 - 8584 Notes: processes mixed construction and demolition debris. (Anticipated to be open to public in Fall 2003) LOONEY BINS 1-800-LOONEY BINS (566-6392) Notes: Provide roll-off and 3-yard bins for recycling of mixed C&D. COMMUNITY RECYCLING/RESOURCE RECOVERY 9147 DeGarmo Ave.  Sun Valley  91352  818-767-7511 Notes: mixed construction and demolition debris; cardboard, pallets MASTER RECYCLING CENTER 2845 Durfee Ave.  El Monte  91732  626-350-4404 Notes: dirt; all and any type of C&D materials and/or projects; Public Only DAN COPP CRUSHING CORP. 12017 Greenstone Ave.  Santa Fe Springs  92670  714-777-6400 Notes: clean asphalt and concrete, no dirt, wood, trash, deleterious or hazardous material EARTHSHINE 13633 S. Central Ave.  Los Angeles  90059  714-897-4311 Notes: asphalt and/or concrete mixed with dirt and clean dirt HANSON AGGREGATE (FORMERLY BLUE DIAMOND MATERIAL) 5625 Southern Ave.  South Gate  90280  800-300-6120 Notes: asphalt millings and grindings, concrete block, slump stone BASE MATERIALS, INC. 2121 E. 25th St.  Los Angeles  90058  818-767-3088 Notes: clean concrete and dirt B-161 CITY OF RANCHO PALOS VERDES CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING This list was compiled by the City of Rancho Palos Verdes using information available at the time, for the purpose of assisting contractors to identify facilities available for diverting C&D materials. The City does not endorse any of the listed facilities, and the City does not require use of any of the listed facilities. All information included in the list is subject to verification by the user. SPC22-25 APPENDIX II-8 LU MAR INDUSTRIAL METALS COMPANY 2120 N. Alameda  Compton  323-636-0156 Notes: industrial scrap, all metals, all C&D D&T RECYCLING & SALVAGE 14113 Garfield  Paramount  562-531-4990 Notes: all scrap metals PHILLIPS RECYCLING 6544½ Cherry Ave.  Long Beach  562-422-9556 Notes: scrap metals AAA CARPET RECYCLING 5542 West Washington Blvd.  Los Angeles  90016  213-933-3323 Notes: carpet pad CARPET PAD RECYCLING 12030 Sherman Way  North Hollywood  91605  818-503-9454 Notes: carpet/pad DUPONT FLOORING SYSTEM 15651 Saticoy Ct.  Van Nuys  91406  818-374-5243 Notes: carpet PAD & CARPET RECYCLERS OF AMERICA 7803 Noble Ave.  Van Nuys  91405  818-787-6606 Notes: carpet/pad D&D RECYCLING 1320 West El Segundo Blvd.  Gardena  90247  310-329-8475 Notes: carpet/pad Reuse Organizations HABITAT FOR HUMANITY- SOUTH BAY/LONG BEACH 4320 Atlantic Ave.  Long Beach  90807  562-427-4663 Notes: like-new construction materials for affordable housing-cabinets, sinks, etc. LOS ANGELES MATERIALS EXCHANGE (LACOMAX) http://www.lacomax.com 888-CLEAN-LA (253-2652) CALIFORNIA MATERIALS EXCHANGE (CALMAX) http://www.ciwmb.ca.gov/CalMAX CalMAX@ciwmb.ca.gov 877-520-9703 Toll Free B-162 SPC22-25 APPENDIX III RECYCLED-CONTENT CERTIFICATION (The following Recycled-Content Certification for the Waste Tire Grant Program shall be completed and submitted at the end of the project, prior to final acceptance of the project.) B-163 0 SPC22-25 APPENDIX III - 1 B-164STATE OF CALIFORNIA California Integrated Waste Management Board CIWMB 74G-Tire (Revised 1/04 for Waste Tire Grant Program) Recycled-Content Certification for the Waste Tire Grant Program Grant#:J_ Grantee Name: ------------All products purchased/used with grant funds, including products that do not contain recycled content material, must be listed below separately. Product categories and defini'tions are on the reverse side of this form. Procedure 1. Grantee: Request completion ofthis form by each Manufacturer, Product Supplier or Contractor 2. Manufacturer, Product Supplier, Contractor or Grantee: Complete and submit fonn to grantee 3. Grantee: Review fonn for completeness and submit form to your CIWMB grant manager as specified in your grant agreement :· P~e-~;~-~~e~k ~~~~-r~ii·;~~:b~~:.:.} t5 ~~;~f~~~;~;-J}=;i°Prod·~:c·~ s;1~plier -··r p c·~;~;~~~; . ·1 'cf c~:~t~~----r _□ ?tl:er: \ ?~~!n_i~a~_io~~-or~n~ ~~me:_ l . . . ---.. --.. ---... . . . --. .. . . --j.. ... ·. .. · l ~ma~~: _j ~ ContactN~ne:_, ______________________________________________ lPhone:_ ---_Fax, Jr 1 Address: / Website: !----~----------------------------------------------~=~--~~J Quantity Unit of Measure Grant Dollars 452 tires I 5424 lbs* I $25,000 $ $ $ $ Manufacturer Name EMC Product JD Number 559SF Product Description Surfacing . EX A MP L E Product Category' TD Virgin Content (Percent)' 0% % % % ~1:T Postconsumer Material (Percent)3 100% % % % % Secondary Material !Total (Pcrcent)4 (Percent}" 0% 100% % 100% % 100% % 100% % 100% ~-_'.;•,,:_-~-;·;;;l!(;;::/};:ftj ;otal: J/{}/~:.~~itI~~{;~1.(<tlik:\: .. •-·;i·:·:s?i<;, · -, '; :, ~ §Jn\.-}iMk1 ::i :~ ;t,:~~;;:;?t:{{f/~{if_:: .. , ~\\-{< ·· *12 pounds= I lire Public Contract Code (PCC) sections I 0233, I 0308.5, & 10354 All vendors and contractors are required to certify in wntmg, under penalty of pe1jury, the minimum, if not the exact, percentage of postconsumer and scconda1y material 111 the products, matenals, goods, or supplies offered or sold PCC 12213 and l 2205(a)· State agencies must require all suppliers to ce1tify the recycled content of all products offered or sold to the State --------------------I certify under penalty of pe,jwy that the material provided to the above named grantee is manufactured from I 00% California tire rubber I understand that if an audi1 discloses the use of non-California lire rubber, lhe California Integrated Was/e Management Board may request reimbursement from the above named manufacturer, product supplier, contractor or Grantee for the tire rubber material costs. ---------·-· . -------·-------· ---· --------------i f -______ ,, __ -------.. ---.---. -.. ----------------------------➔·· I I ! S1gnat11re of Mamifacllirer, Product Supplier, Contractor or Grantee I Print Name L ______ ..... --_______ ,, ____ -....... ----------------------·-· .... I. ·-.... ---_________ [-~---~--~-~~-~=~-~--~~1-~---_ :_:~~ ---~: ___ -__ -I Title Date ---------. l ----------------------------i _: See foornotes on the back of this page SPC22-25 APPENDIX III - 2 B-165Footnotes 1. 2. Prnduct category-title given to each of the product categories (see Product Category List). For products made from multiple materials, choose the category that compnses most of the product by cost, weight, or volume. If the product does not fit into any of the product categories, enter "NIA." Common NIA products include wood products, natural textiles, aggregate, concrete, electromcs such as computers, TV, software on a dis~ or CD, telephone systems, printers, copiers, and fax machines. Postconsumer material -comes from products that were bought by consumers, used, and then recycled. For example, a newspaper that has been purchased and read, then recycled, and used to make another product would be postconsumer material. 3. Secondary material -consists of fragments of finished products of a manufacturing process. Examples of secondary material include paper trimmed from an oversized roll in the printing plant or a rough edge trimmed from a molded plastic product. These excess materials are recycled pnor to the finished product reaching a consumer. Therefore, that matenal would be secondary material (also referred to as preconsumer or postindustrial material) as opposed to postconsumer material. Example: If copy paper contains 20 percent postconsumer material, the remainder is virgin material. Indicate 20 percent in the Postconsumer column and 80 percent in the Virgin Material column. If it contains 20 percent postconsumer material and 40 percent secondary material, indicate 20 percent in the Postconsumer column, 40 percent in the Secondary Material column, and 40 percent in the Virgin Material column 4. Virgin material --the portion of the product made from new or non-·recyclecitnateriai:: Tire-1nater'i"ati•s-n·eidrecse·c·ondary-nocpostconsumer-material. 5. Total Percent -the sum of the postconsumer column, the secondaiy column, and the virgin column must equal 100 percent. Note: If the product is a used, refurbished or remanufactured product, such as a remanufactured toner ca1iridge or a retread tire, include this information in the product descnption column. Do not complete the postcomsumer material, secondary material, and virgin material columns. The recycled content requirement for these products has been met because they are being reused rather than disposed of once their life cycle (as a consumer item) 1s complete. For more information, please see www.ciwmb.ca.gov/BuyRecycled/ Product Category AF-Antifreeze engine coolant added to radiator water in cars, trucks, and many other types of engines State Min RCP % Req. TR:total recycled content PC:postconsumer content 70% PC CO -Compost and co-compost landscaping materials, erosion 50% TR control, weed control, decomposed organic yard, or food materials 10% PC GL -Glass Products windows, fiberglass (insulation), tiles, 50% TR construction blocks, and flat glass sheets ----------+-10% PC -----------LO -Lubricating Oils motor, transmission fluids, power steering, 70% TR crankcase, transfom1er dielectric fluids, gear, hydraulic, industrial fluids, base stock for tractors, vehicles, cars, trucks, and buses PT -Paint latex paint, interior/exterior, maintenance 50%PC 50%TR l0¾PC PP -Paper Products paper janitorial supplies, corrugated boxes, paperboard (boxes, cartons, wrapping), hanging files, file boxes, building insulation, and containers --·---·-·-----·-------------··------· -· -·------------·-· ·-·-.. -I PL -Plastic Products toner cartridges, blank diskettes and CDs, 50% TR I carpet, office products, plastic lumber, waste baskets, benches, tables, l0¾ PC ~I fencing, clothing, packaging, signs, posts, and binders ------------f-------· PW -Printing and Writing Paper xerographic and higher-grade 30% PC I papers, high-speed copier paper, offset paper, forms, carbonless paper, j ruled tablets, calendars, posters, manila file folders, index cards, white wove envelopes, and cover stock [ SO -Solvents heavy printer cleaner, auto degreaser, parts cleaner . 70% PC ---1 ST -Steel Products automobiles, vehicles, staplers, paper clips, 25% TR ~1 furniture, scissors, pipe, and shelving. Steel products made in North 10% PC _.Arnerica,_Europe, and_Jap}ln meet SABRC_reguirements;_thus, complete only Dollars, Product Description, and Product Category. --1---I TD--Ti~~~Deri~d Products flooring, wheelchair ramps, playg~~und-------------, 50%PC cover, parking bumpers, truck-bed liners, pads, walkways, tree ties, road surfacing, wheel chocks, rollers, traffic control products, mud flaps, and posts ~----Tl -Tires passenger, truck, bus, and equipment tires. For retread tires indicate "retread" in the product description column, but do not complete postconsumer, secondary, and virgin material columns ----·--· ------------------------· NI A-not applicable examples are wood products, textiles, aggregate, concrete, electronic equipment, etc. 50%TR l0¾PC To locate recycled-content products search www.ciwmb.ca.gov.rcp ·--··•·-______ j SPC22-25 APPENDIX IV CONCRETE AND ASPHALT REMOVAL FORM B-166 SPC22-25 APPENDIX V CORE LOGS AND LOCATION MAP B-167 B-168ec-6 Approximate Core Location FIGURE 1. CORING LOCATION PLAN SILVER SPUR ROAD REHABILITATION RANCHO PALOS VERDES, CALIFORNIA ! a.,/WILLDAN 1 ';'!~Ing ~ Geotechnical ""ch Drawn By: MR Date: 03-17-2022 Approved By: MR Project No.: 111256-1000-200 B-169Log of Cores/Shallow Borings and Summary of Laboratory Test Results Silver Spur Road Rehabilitation, Rancho Palos Verdes, California Willdan Project No.: 111256-1000-200 Date of Drilling: 03/01/2022 Subsurface Conditions AC: Asphalt Concrete AB: Aggregate Base SG: Subgrade Laboratory Test Results Core Location MSA: Maximum Size Aggregate No. Layer Layer R-Value Thickness Layer Notes Type (in) (CTM301) 27275 Silver Spur Road, Southbound, Lane #1 2.50 1/2" MSA AC 3.75 3/4" MSA C-1 AB 12.00 Latitude: 33.777614° N Longitude: 118.374750° W SG Sandy CLAY (CL) 27218 Silver Spur Road, Northbound, Left Tum Lane 2.00 1/2" MSA AC &1, 4.00 3/4" MSA C-2 AB 12.50 Latitude: 33.778811 ° N Longitude: 118.374369° W SG Sandy CLAY (CL) 26593 Silver Spur Road, Southbound, Lane #2 -~ 2.25 1/2" MSA AC 4.00 3/4" MSA C-3 AB 11.00 Latitude: 33.780358° N Longitude: 118.374061° W SG Sandy CLAY (CL) 27060 Silver Spur Road, Northbound, Parking Lane 2.00 1/2" MSA AC 4.25 3/4" MSA C-4 AB 6.00 Latitude: 33.781592° N Longitude: 118.373592° W SG Sandy CLAY/Clayey SAND (CL/SC) 18 Page 1 of 2 B-170Log of Cores/Shallow Borings and Summary of Laboratory Test Results Silver Spur Road Rehabilitation, Rancho Palos Verdes, California Willdan Project No.: 111256-1000-200 Date of Drilling: 03/01/2022 Subsurface Conditions AC: Asphalt Concrete AB: Aggregate Base SG: Subgrade Laboratory Test Results Core Location MSA: Maximum Size Aggregate No. Layer Layer R-Value Thickness Layer Notes Type (in) (CTM301) 26575 Silver Spur Road, Southbound, Parking Lane 2.50 1/2" MSA AC 4.50 3/4" MSA C-5 AB 12.00 Latitude: 33.783217° N Longitude: 118.373347° W SG Sandy CLAY (CL) 26688 Silver Spur Road, Northbound, Through Lane AC 6.00 3 Lifts of 1/2" MSA C-6 AB 7.00 Latitude: 33.785219° N Longitude: 118.372689° W SG Sandy CLAY (CL) 11 Page 2 of2 CITY FUNDS SUMMARYGENERAL FUND SUMMARYAPPENDIX BUDGET PROGRAMSBUDGET OVERVIEW384 City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2022-2023 through 2026-27) Capital Improvement Program (Fiscal Years 2022-2023 through 2026-27) 8800 Series Right-of-Way Improvements Project Code: 8843 Pavement Management Program – Arterial Roadway Rehabilitation Silver Spur Road (North of Hawthorne Boulevard) As part of the Arterial Roadways Rehabilitation Program, this project consists of rehabilitating the section of Silver Spur Road, from Elkmont Drive to the driveway entrance of Peninsula High School (as shown in the picture to the left), and consist of: - Resurfacing the existing asphalt - Replacing damaged asphalt - Replacing damaged curbs, gutters and sidewalks - Replacing pavement markings - Improving drainage (if needed) Project Cost Estimates Expenses/Commitments to date FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Totals Planning $0 $0 $0 $0 $0 $0 $0 Engineering $99,749 $120,000 $0 $0 $0 $0 $219,749 Environmental $0 $0 $0 $0 $0 $0 $0 Management $0 $60,000 $0 $0 $0 $0 $60,000 Construction $0 $1,165,000 $0 $0 $0 $0 $1,165,000 Contingency $0 $350,000 $0 $0 $0 $0 $350,000 Inspection $0 $120,000 $0 $0 $0 $0 $120,000 $99,749 $1,815,000 $0 $0 $0 $0 $1,914,749 Funding 220 (Meas. R) $54,749 $0 $0 $0 $0 $0 $54,749 330 (CIP) $0 $143,000 $0 $0 $0 $0 $143,000 333 (ARPA) $45,000 $1,672,000 $0 $0 $0 $0 $1,717,000 $99,749 $1,815,000 $0 $0 $0 $0 $1,914,749 Estimated annual operating cost None Estimated Schedule: Construction in Fiscal Year 2022-23. Project Location Map Background and Justification: Good road conditions with smooth pavement are expected by the City’s residents and businesses. Timely maintenance reduces the overall lifecycle costs of roadway infrastructure. Road conditions are assessed through a triennial inspection and assigned a calculated Pavement Condition Index (PCI) rating of Very Poor (0-40), Poor (41-59), Fair (60-74), Good (75-85) or Very Good (86-100) This section of road was inspected in 2019 and had segments with PCI ratings from 49 (Poor) to 78 (Good). C-1 .. .,1,-_ .. r.