CC SR 20230919 H - 3001 Crest Rd Wall Construction Contract
CITY COUNCIL MEETING DATE: 09/19/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve construction for the Retaining Wall Repairs
at 3001 Crest Road Project.
RECOMMENDED COUNCIL ACTION:
(1) Approve the plans, specifications, and construction documents for the Retaining
Wall Repairs at 3001 Crest Road Project;
(2) Approve an additional appropriation of $250,000, from the City’s Capital
Improvement Fund for the Retaining Wall Repairs at 3001 Crest Road Project;
(3) Award a construction contract for the Retaining Wall Repairs at 3001 Crest Road
Project to Ace Capital Engineering, in the amount of $398,820, with a contingency
of 10% or $39,882, for a total amount of $438,702; and
(4) Authorize the Mayor and City Clerk to execute the construction contract, in a form
approved by the City Attorney.
FISCAL IMPACT: The recommendations will result in an additional appropriation of
$250,000 from the Capital Improvement Fund to the previously
approved budget of $430,000, resulting in a total project cost of up
to $680,000, including contingencies. Of this amount, approximately
$100,000 has previously been committed for engineering. VR
Amount Budgeted: $430,000
Additional Appropriation: $250,000 (see breakdown below)
Account Number(s): 330-400-8853-8802 $10,000 (CIP Fund – Retaining Wall @ 3001 Crest - Improvements)
330-400-8853-8001 $ 40,000
(CIP Fund – Retaining Wall @ 3001 Crest – Prof/Tech)
330-400-8853-8005 $100,000
(CIP Fund – Retaining Wall @ 3001 Crest - Engineering)
330-400-8853-8006 $100,000
(CIP Fund – Retaining Wall @ 3001 Crest – Inspection)
ORIGINATED BY: Derek Wieske, Contract Interim Deputy Public Works Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Construction Contract with Ace Capital Engineering for the Retaining Wall
Repairs at 3001 Crest Road Project (Page A-1)
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B. Plans, Specifications, and Construction Documents for the Retaining Wall
Repairs at 3001 Crest Road Project (Page B-1)
C. CIP Sheet for the Retaining Wall Repairs at 3001 Crest Road Project (Page
C-1)
BACKGROUND:
As part of a project by the County of Los Angeles to widen Crest Road in the 1960s, a
retaining wall was constructed to support the driveway ramp leading to a single-family
residential home at 3001 Crest Road. A portion of that retaining wall was within the public
right-of-way, and an easement was created for the remaining portion. Maintenance of the
retaining was wall subsequently transferred from the County to the City upon
incorporation. In 2021, in response to concerns from the property owner of 3001 Crest
Road, the City initiated an inspection of the retaining wall, which ultimately concluded that
the wall needed to be replaced. A legal analysis conducted by the City Attorney’s Office
concluded that the retaining wall in the City’s easement is the City’s maintenance
responsibility. In March of 2022, Staff advised the City Council that the City should replace
the wall and on September 6, 2022, the City Council awarded a professional services
agreement to Biggs Cardosa Associates Inc. (Biggs Cardosa) for the preparation of the
plans, specifications and construction cost estimates.
The Retaining Wall Repairs at 3001 Crest Road Project was approved by the City Council
as part of the FY23-24 Capital Improvement Program (CIP).
DISCUSSION:
The concept design for the Project was developed in collaboration with the neighboring
property owner of 3001 Crest Road to ensure their concerns were addressed.
Subsequently, Staff worked closely with Biggs Cardosa to develop a bid package for
construction of the Project.
On July 31, 2023, the City issued a Notice Inviting Bids on the PlanetBids platform for a
price to construct the Project. Four bids were received by the deadline of August 21, 2023,
as shown in Table 1 below.
Table 1: Retaining Wall Repairs at 3001 Crest Rd Bid Results
Bidder Bid Amount
Ace Capital Engineering $398,820
MLC Constructors, Inc. $616,850
Zusser Company, Inc. $761,013
Bedrock Group, Inc. $1,080,000
After bids were evaluated and a reference check was performed, the lowest responsible
and responsive bidder was Ace Capital Engineering (Ace), with a bid in the amount of
$398,820. Table 2, on the next page, shows a budget summary of the project. The lowest
bid was significantly lower than the next lowest bid, which could indicate a lack of
understanding of the project, that may ultimately lead to problems during construction.
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However, the bid was evaluated and discussed with representatives from Ace, and Staff
concluded that Ace has a full understand of the project and the various requirements.
The lowest bid was found to be approximately $150,000 higher than the cost estimate,
when including contingency. The reasons for the discrepancy between the Ace bid and
the cost estimate are as follows:
• The cost estimate was developed using only concept plans, which limited the
amount of information available to prepare the estimate. Although a contingency
was included with the concept plan cost estimate, the final design revealed that
the project was more complex than originally anticipated, particularly with respect
to space limitations.
• The design engineer erroneously omitted certain costs (mobilization,
administrative overhead, bonds and insurance, etc.) from the estimate thinking that
the City would be adding those costs while the City expected the design engineer
to include those costs.
• The cost of concrete, a major component of the project, was significantly higher
than estimated. This could be due the distance of the City from concrete plants
and the geography of the Peninsula leading to higher transportation costs.
Additionally, because the project ended up being more complicated than originally
expected; the work will require a greater construction management, inspection, and
materials testing effort than originally envisioned. Staff recently solicited proposals from
two of the City’s on-call construction management and inspection firms and upon
construction contract award, Staff will retain the best value of those two proposals using
the on-call contract construction management and inspection contract.
Therefore, an additional appropriation of $250,000 is required to proceed with
construction, as well as construction management, inspection, and materials testing.
Table 2 shows a budget summary of the project.
Table 2: Retaining Wall Repairs at 3001 Crest Rd Budget Summary Table
Staff expects construction to be complete by the end of March 2024, barring any
unforeseen circumstances or major rain delays. The property owner has been informed
of tonight’s recommended actions to the City Council, and staff will work closely with the
property owner during entire construction process.
Fund Budget Notes
Adopted Budget FY22-23 330 100,000.00
Adopted Budget FY23-24 330 330,000.00
Additonal Appropriations Request 330 250,000.00 if approved by CC 9-19-2023
Project Budget 680,000.00$
Project Cost Summary Fund Budget
Project-to-Date
Actuals
Project-to-Date
Committed
Remaining
Balance
8001 Professional Technical Services 330 55,000.00 - - 55,000.00
8005 Engineering Design Services 330 200,000.00 70,191.25 29,737.75 100,071.00
8006 Inspection Services 330 125,000.00 - - 125,000.00
8802 Other Improvements 330 300,000.00 - - 300,000.00
680,000.00$ 70,191.25$ 29,737.75$ 580,071.00$
8853 - Retaining Wall at 3001 Crest Road
Project Budget Summary
Project Total
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CONCLUSION:
Staff recommends the City Council award a construction contract to Ace in the amount of
$398,820, plus a 10% contingency of $39,882; for a total amount of $438,702 to construct
the Retaining Wall Repairs at 3001 Crest Road Project and approve an additional
appropriation of $250,000 for construction, as well as construction management and
inspection.
ALTERNATIVES:
In addition to the recommended action, the following alternative actions 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.
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ACE CAPITAL ENGINEERING
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AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ACE CAPITAL ENGINEERING
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made
and entered into on September 19, 2023 by and between the City of Rancho Palos Verdes, a
California municipal corporation (“City”) and Ace Capital Engineering, 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
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materials will be both of good quality as well as fit for the purpose intended. For purposes of this
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 3001 Crest Road Retaining Wall, 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
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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 ________
(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
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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.
(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
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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.
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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
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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 $398,820.12 (Three Hundred Ninety Eight Thousand, Eight
Hundred Twenty Dollars and Twelve Cents) (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,
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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.
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
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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”).
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:
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Ali Mohammadi Director
(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, Director of Public Works, 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.
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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) 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
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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 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.
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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,
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..
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(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.
(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
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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
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
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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
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.
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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 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.
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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
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
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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.
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
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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
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
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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.
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
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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 $500.00 (Five Hundred
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.
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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
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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.
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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
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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]
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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:
___________________________________
By: _______________________________
Name: Ali Mohammadi
Title: Director of Construction and
Engineering
Address: 21771 Fernleaf Drive
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.
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01203.0006/922468.1
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.
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01203.0006/922468.1
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.
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01203.0006/922468.1 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 3001 CREST ROAD
RETAINING WALL, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
In general, the work comprises without limitations furnishing all necessary labor, materials,
equipment and other incidental and appurtenant work necessary for removal of existing
vegetation, retaining wall, driveway, and portions of the roadway; and installation of the
new retaining wall, driveway, new portions of the roadway; all earthwork, associated
erosion control, access management, and all items not mentioned here but indicated in the
construction documents. Contractor shall provide safe and ADA-compliant access to and
from the adjacent house and the public areas affected by this work.
This work will be performed in strict conformance with the Contract Documents, permits
from regulatory agencies with jurisdiction, and applicable regulations.
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.
B. Certified payroll.
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.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough
I. Section 7.7, Liquidated Damages, is amended to read:
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 $500.00 (Five Hundred 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 amount of Liquidated
Damages is set forth in Section A.23 of the Special Provisions of the Bid Documents. 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.
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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 the Contract Sum provided in
Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work within 70 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. 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.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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01203.0006/922468.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to Ace
Capital Engineering, A California corporation, as Contractor (“Principal”), a Contract for the
work entitled and described as follows: 3001 CREST ROAD RETAINING WALL;
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 $398,820.12 (Three Hundred Ninety-Eight Thousand,
Eight Hundred Twenty Dollars and Twelve Cents), 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)
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01203.0006/922468.1 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.
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01203.0006/922468.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to Ace Capital
Engineering, a California corporation, as Contractor (“Principal”), a Contract for the work
entitled and described as follows: 3001 CREST ROAD RETAINING WALL;
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 $398,820.12 (Three Hundred Ninety-Eight Thousand,
Eight Hundred Twenty Dollars and Twelve Cents), 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-37
01203.0006/922468.1
Executed on , 2023.
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-38
01203.0006/922468.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: 3001 CREST ROAD RETAINING WALL
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-39
01203.0006/922468.1
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-40
01203.0006/922468.1
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-41
01203.0006/922468.1
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-42
01203.0006/922468.1
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-43
01203.0006/922468.1
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
A-44
01203.0006/922468.1
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-45
01203.0006/922468.1
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-46
01203.0006/922468.1
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.
A-47
01203.0006/922468.1
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 .
(signatures on following page)
A-48
01203.0006/922468.1
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-49
B-1
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS ......................................................................................................... NC – 1
BACKGROUND/DESCRIPTION OF WORK ........................................................................................... NC – 1
COMPLETION OF WORK .................................................................................................................... NC – 1
OBTAINING BID DOCUMENTS ........................................................................................................... NC – 1
FACSIMILE NUMBER AND EMAIL ADDRESS ...................................................................................... NC – 2
REQUEST FOR CLARIFICATION .......................................................................................................... NC – 2
PREVAILING WAGES .......................................................................................................................... NC – 2
LICENSE ............................................................................................................................................. NC – 3
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS ............................................. NC – 3
RETENTION SUBSTITION ................................................................................................................... NC – 3
LIQUIDATED DAMAGES ..................................................................................................................... NC – 3
GENERAL PROVISIONS
A. PROJECT PROVISIONS....................................................................................................................GP –1
1. UNITS OF MEASURE ...................................................................................................................GP –1
B. LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY .................................................................GP –1
1. LAWS TO BE OBSERVED .............................................................................................................GP –1
2. SOCIAL SECURITY REQUIREMENTS ............................................................................................GP –1
3. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS ......................................GP –1
4. COMPLIANCE MONITORING AND POSTING JOB SITES ..............................................................GP –2
5. PREVAILING WAGES ...................................................................................................................GP –2
6. PENALTIES ..................................................................................................................................GP –2
7. WORKING HOURS ......................................................................................................................GP –2
8. APPRENTICES..............................................................................................................................GP –2
9. LICENSE OF CONTRACTORS ........................................................................................................GP –3
10. PERMITS AND LICENSES .............................................................................................................GP –3
11. PATENTS .....................................................................................................................................GP –3
12. INDEMNITY .................................................................................................................................GP –3
13. NOTICE .......................................................................................................................................GP –3
14. CONTRACTOR’S RESPONSIBILITY FOR WORK ............................................................................GP –3
B-2
15. MAINTENANCE AND GUARANTEE .............................................................................................GP –4
16. COOPERATION ...........................................................................................................................GP –4
C. PROSECUTION AND PROGRESS OF THE WORK ...........................................................................GP –5
1. WORK SCHEDULE .......................................................................................................................GP –5
2. SUBLETTING AND ASSIGNMENT ................................................................................................GP –5
3. CHARACTER OF WORKERS .........................................................................................................GP –5
4. AGENTS OR FOREMAN ...............................................................................................................GP –5
5. TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES ..........................................................GP –5
6. TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................................................GP –6
7. SUSPENSION OF CONTRACT.......................................................................................................GP –6
D. MEASUREMENT AND PAYMENT ..................................................................................................GP –7
1. MEASUREMENT AND PAYMENT ................................................................................................GP –7
2. FINAL INVOICE AND PAYMENT ..................................................................................................GP –7
3. EXTRA WORK ..............................................................................................................................GP –7
4. UNPAID CLAIMS .........................................................................................................................GP –8
5. ACCEPTANCE ..............................................................................................................................GP –9
E. CONTROL OF WORK ......................................................................................................................GP –9
1. AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS ...................................................................GP –9
2. CONFORMITY WITH PLANS AND ALLOWABLE VARIATION ........................................................GP –9
3. PROGRESS OF THE WORK ..........................................................................................................GP –9
4. SAMPLES ....................................................................................................................................GP –9
5. TRADE NAMES AND ALTERNATIVES ........................................................................................ GP –10
6. PROTECTION OF WORK ........................................................................................................... GP –10
7. CONFLICT OF TERMS ............................................................................................................... GP –10
8. INTERPRETATION OF PLANS AND SPECIFICATIONS ................................................................ GP –10
9. INCREASES AND DECREASES OF THE WORK TO BE DONE ...................................................... GP –11
10. ALTERATIONS OF THE WORK TO BE DONE ............................................................................. GP –11
11. EXTRA WORK ........................................................................................................................... GP –11
12. PUBLIC UTILITIES ..................................................................................................................... GP –11
13. PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY ...................................................... GP –12
14. REMOVAL OF INTERFERING OBSTRUCTIONS .......................................................................... GP –12
15. QUALITY OF MATERIAL ........................................................................................................... GP –12
16. REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK ............................................................ GP –12
B-3
17. SUPERVISION ........................................................................................................................... GP –12
18. SOIL COMPACTION TESTING ................................................................................................... GP –13
19. PRESERVATION OF PROPERTY ................................................................................................ GP –13
20. DUST CONTROL ....................................................................................................................... GP –13
21. SELECTED MATERIALS ............................................................................................................. GP –14
22. SURPLUS MATERIALS .............................................................................................................. GP – 14
23. CLEAN UP ................................................................................................................................ GP – 14
24. EQUIPMENT REQUIREMENTS ................................................................................................. GP – 14
25. PROTECTION OF WORK AND PUBLIC ...................................................................................... GP – 14
26. SPRINKLER SYSTEMS & LANDSCAPING ................................................................................... GP – 15
27. CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER ............................................... GP – 15
28. WORK AFTER REGULAR HOURS .............................................................................................. GP – 15
29. CONTRACTOR’S DAILY REPORTS ............................................................................................. GP – 16
30. REQUEST FOR WORKING DAYS ............................................................................................... GP – 16
31. DEFECTIVE MATERIALS............................................................................................................ GP – 16
32. SOUND AND VIBRATION CONTROL REQUIREMENTS.............................................................. GP – 16
33. AIR POLLUTION CONTROL ....................................................................................................... GP – 17
34. FINAL CLEAN UP ...................................................................................................................... GP – 17
35. CONTRACTOR’S REQUEST FOR FINAL INSPECTION ................................................................. GP –17
36. RESOLUTION OF PUBLIC WORKS CLAIMS ............................................................................... GP –18
37. TRENCHES AND EXCAVATIONS ............................................................................................... GP - 18
38. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS ........................... GP –18
SPECIAL PROVISIONS
A. GENERAL PROJECT INFORMATION ............................................................................................. SP – 1
1. REQUIREMENTS ........................................................................................................................ SP – 1
2. DEFINITION OF TERMS .............................................................................................................. SP – 1
3. PROJECT PLANS ......................................................................................................................... SP – 2
4. SCOPE OF WORK ....................................................................................................................... SP – 2
5. NOTICE TO PROCEED................................................................................................................. SP – 2
6. UTILITIES .................................................................................................................................... SP – 3
7. STREET CLOSURES ..................................................................................................................... SP – 3
8. CONFERENCE ............................................................................................................................. SP – 4
B-4
9. PUBLIC CONVENIENCE AND SAFETY ......................................................................................... SP – 4
10. SANITARY CONVENIENCE .......................................................................................................... SP – 7
11. CONSTRUCTION YARD ............................................................................................................... SP – 7
12. EQUIPMENT REQUIREMENTS .................................................................................................... SP –8
13. PRESERVATION OF PROPERTY .................................................................................................. SP – 8
14. NPDES COMPLIANCE/WATER POLLUTION CONTROL ............................................................... SP – 8
15. SAFETY, SANITARY AND MEDICAL REQUIREMENTS ................................................................. SP –11
16. ELECTRICAL POWER ................................................................................................................. SP –11
17. PROTECTION OF UNDERGROUND FACILITIES .......................................................................... SP –11
18. AIR POLLUTION CONTROL ........................................................................................................ SP –11
19. PROJECT APPEARANCE ............................................................................................................. SP –12
20. WORK HOURS .......................................................................................................................... SP –12
21. SCHEDULE AND PUBLIC NOTICES ............................................................................................. SP –13
22. PHOTOGRAPHIC SURVEY OF ALL EXISTING CONDITIONS ........................................................ SP –14
23. MOBILIZATION ......................................................................................................................... SP –14
B. PROJECT SPECIAL PROVISIONS ................................................................................................... SP –16
1- GENERAL ....................................................................................................................................... SP –16
2 - FURNISH AND APPLY WATER ....................................................................................................... SP –16
3 - UNCLASSIFIED EXCAVATION ........................................................................................................ SP –17
4 - CLEARING AND GRUBBING .......................................................................................................... SP –17
5 - BEST MANAGEMENT PRACTICES ................................................................................................. SP –17
6- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS............................................... SP – 17
7 - REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK ................................................................. SP - 18
8 - APPURTENANT WORK ................................................................................................................. SP –18
9 - INSPECTION BY CITY..................................................................................................................... SP –18
10 - CLEANUP .................................................................................................................................... SP –18
11 - CONSTRUCTION WATER: ........................................................................................................... SP –18
12 - STORAGE SITES: ......................................................................................................................... SP –19
13 – FENCE CONSTRUCTION ............................................................................................................. SP –19
14 – SITE RESTORATION .................................................................................................................... SP –20
15 – FIELD CONDITIONS .................................................................................................................... SP –21
B-5
CONTRACT PACKAGE
PUBLIC WORKS AGREEMENT ............................................................................................................... C-1
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS .......................................................................... C-35
PAYMENT BOND ................................................................................................................................ C-37
PERFORMANCE BOND ....................................................................................................................... C-39
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES ………........................................ C-36
WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE ................................................................ C-41
COMPLIANCE WITH CA LABOR LAWS AGREEMENT ........................................................................... C-42
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT ................................................................... C-44
ADDITIONAL INSURED ENDORSEMENT - COMPREHENSIVE GENERAL LIABILITY ............................... C-45
ADDITIONAL INSURED ENDORSEMENT - AUTOMOBILE LIABILITY ..................................................... C-47
ADDITIONAL INSURED ENDORSEMENT - EXCESS LIABILITY................................................................ C-49
APPENDIX I: PLANS
APPENDIX II: MATERIAL RECYCLE PACKET
APPENDIX III: TRASH PICKUP AND STREET SWEEPING SCHEDULES
APPENDIX IV: GEOTECHNICAL REPORT
B-6
NC - 1
NOTICE INVITING CONSTRUCTION BIDS
CITY OF RANCHO PALOS VERDES
BIDS MUST BE RECEIVED BY: August 21, 2023, at 4:30 PM
PLACE OF QUOTE: PlanetBids
RECEIPT: https://pbsystem.planetbids.com/portal/48551/portal-home
NOTICE IS HEARBY 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, quotes
for the 3001 Crest Road Retaining Wall installation. All quotes shall be made using
PlanetBids via the link provided above.
PROJECT IDENTIFICATION NAME:
3001 CREST ROAD RETAINING WALL
BACKGROUND/DESCRIPTION OF WORK: In general, the work comprises without
limitation, furnishing all necessary labor, materials, equipment, and other incidental and
appurtenant work necessary to replace the existing retaining wall with new, as more
clearly described in the Contract Documents. Due to work to be conducted in congested
tight space, provide safe access to and from the adjacent house and the public affected
by this work. This work will be performed in strict conformance with the Contract
Documents, permits from regulatory agencies with jurisdiction, and applicable
regulations. The quantity of work to be performed and materials to be furnished are
approximate only, being given as a basis for the comparison of Bids. Actual quantities of
work to be performed may vary at the discretion of the Director of Public Works.
COMPLETION OF WORK: Work shall be completed within Seventy (70) working days
from the start of the project.
REQUEST FOR CLARIFICATION: If you discover any error, omission, ambiguity or
conflict in the Plans or Specifications and wish to have clarification, please fax or email
your request for clarification to Senthil Sinnadurai at ssinnadurai@iemcm.com such that
it is received by him no later than close of business on August 4, 2023. Requests for
clarification received after this date will be disregarded. Please indicate the Project in your
request for clarification.
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
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GENERAL PROVISIONS
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 California
Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code
(CPC), and 2007 California Electrical Code (CEC) & City Ordinance, the 2005 California
Energy Standards and the Standard Specifications for Public Works Construction, the
latest edition, including all supplements, published by Building News, Inc., 1612 South
Clementine Street, Anaheim, California 92802, 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. 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.
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. Upon request, the Contractor shall provide information indicating that
the Social Security and Withholding taxes are being properly reported and paid.
3. 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 1720 et seq., unless
currently registered and qualified to perform public work pursuant to Labor Code Section
1725.5. This requirement applies to any bid proposal submitted on or after March 1, 2015,
and any contract for public work entered into on or after April 1, 2015.
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4. COMPLIANCE MONITORING AND POSTING JOB SITES
This Project is subject to compliance monitoring and enforcement by the DIR. The
Contractor shall post job site notices, as prescribed by regulation.
5. 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.
6. 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 two hundred dollars ($200) 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.
7. WORKING WEEK
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.)
8. APPRENTICES
Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of
the California Labor Code and Title 8, California Administrative code section 200 et seq.
to ensure compliance and complete understanding of the law regarding 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,
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California, or from the Division of Apprenticeship Standards and its branch offices.
9. LICENSE 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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
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structures where necessary.
15. 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 necessary by
defects in materials or workmanship that become evident within one (1)
year after the date of the City’s acceptance of the entire project, which is
when the City Council directs staff to file a Notice of Completion, 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 City’s acceptance of the project. 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 that the City accepts the
project. 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. If the
Contractor wishes to pursue the option of extending the Faithful
Performance Bond for an additional one (1) year period in lieu of a separate
surety bond, the Contractor shall provide written evidence from the surety
of such Faithful Performance Bond extension before the City’s acceptance
of the project. Delivery of the one-year surety bond or proof of Faithful
Performance Bond extension shall be a condition precedent to the City
Council’s approval of the Notice of Completion.
16. 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
5-6 and 7-7 of the Standard Specifications.
Compensation for compliance shall be included in the various items of work, and no
additional compensation shall be allowed therefor.
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C. 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.
This schedule will be used as a controlling document throughout the construction period.
See Special Provisions Section 21 for details.
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 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
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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 specified in this bid documents.
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 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 thereof 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.
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D. 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 9-3.2 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. A five percent
(5%) retention shall be withheld from each payment.
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 five percent (5%) 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.
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 a 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.
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The first sentence of Subsection 3-3.2.2.1 Basis for Establishing Costs, 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.
Replace 3-3.2.3.1 Work By the Contractor with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute
the mark-up for all overhead and profit, which shall be deemed to include all items of
expense not specifically designated as cost of equipment rental in Subsections 3-3.2.2.3
Labor 20
Materials 15
Equipment Rentals 15
Other Expenditures 15
To the sum of the costs and markups provided for in this subsection, one (1) percent shall
be added as compensation for bonding.
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
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any alterations of the same, shall release the 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.
E. 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 to 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 pre-construction meeting. 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 be brought back to the site.
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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 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
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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.
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. 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.
12. 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
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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.
13. 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 to the Contractor under
the item for Clearing and Grubbing.
14. 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, existing 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.
15. 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.
16. 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
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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.
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.
17. SOIL COMPACTION TESTING
Any soil compaction testing, geotechnical observation and certification shall be provided
by a Geotechnical Testing Company and paid for by the City.
18. 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. When necessary, roots of trees to be preserved must be pruned in an
acceptable manner to maximize the probability of recovery of the said tree.
19. 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.
The contractor shall clean all areas affected by his/her work in a manner which is
acceptable by the Director of the Public Work or his/her designee. If the City is not satisfied
with the cleaning work, the city may urgently hire another cleaning crew to clean the area
and back charge the contractor for all cost incurred to the City including City staff time.
20. SELECTED MATERIALS
Existing materials excavated within the project limits that meet the specifications for trench
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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.
21. 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.
22. 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 and/or per the SWPPP lump sum bid item as appropriate.
23. 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.
24. 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.
25. SPRINKLER SYSTEMS & LANDSCAPING
Any sprinkler system damaged during the Contract shall be repaired by the Contractor at
no additional cost within 24 hours of notification. All damaged sprinkler and irrigation parts
shall be replaced in-kind. If repair is 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. Furthermore, a penalty of $500
per day shall be applied for each day beyond the 24-hour period that the damaged
irrigation system has not been repaired to function properly (as determined by the City’s
inspector).
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26. 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 to any work performed by the Contractor or its subcontractors,
including but not limited to concrete repairs, crack sealing, AC repairs, 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 unsatisfactory, as determined
by the Director of Public Works or his authorized representative, in its sole discretion.
27. WORK AFTER REGULAR HOURS
No work shall be performed 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.
Any of the additional costs incurred by the City due to afterhours work by the Contractor
will be deducted from any monies due or to become due to the Contractor.
28. 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. 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.
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29. 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 6-6.1 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 6-6.1 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.
30. 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.
31. 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.
32. 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.
33. FINAL CLEAN 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. This clean-up by the Contractor
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shall include removal of all USA dig-alert markings and construction markings of all kinds
by power-washing or other method approved by the Director of Public Works, or his
authorized representative. Painting over the USA dig-alert markings is not considered an
acceptable method of removal.
A list of final punch list items shall be provided to the Contractor by the City. Upon
Contractor’s receipt of this final punch list, the Contractor shall have 14 calendar days to
complete all items on the punch list. PENALTIES FOR NONCOMPLIANCE: $500 for each
day after the 20-calendar-day period that there are still remaining punch list items to be
completed by the Contractor.
34. 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 through a certificate of completion form, which will be provided to
the Contractor at the pre-construction 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 withheld 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.
35. 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.
This contract is also subject to Public Contract Code Section 9204, which establishes
procedures for claims and responses to claims made by a contractor in connection with a
public works project.
36. 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
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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. No excavation shall be left open during the weekends or Holidays.
37. CONSTRUCTION &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 and demolition (C&D) waste materials generated by the Work within the limits
of the Construction Schedule and Contract Sum.
1. The Integrated Solid Waste Management Act of 1989 (“AB 939”), requires that
localities throughout the state develop source reduction, reuse, recycling, and
composting programs to reduce the tonnage of solid waste disposed in landfills by
50%; this requirement may increase in the future. C&D waste materials generated
by the Work are targeted to achieve these diversion rates.
2. A minimum of 50% by weight of the solid wastes generated in the Work shall be
diverted from landfill disposal through a combination of reuse, recycling, and
composting activities.
3. This section includes requirements for submittal of C&D Debris Management Plan
prior to the commencement of the Work, and during the project, submittal of
Contractor’s quantitative reports for construction and demolition waste materials
generated by the Contractor as a condition of approval of progress payments
submitted to the Contracting Officer, and following completion of the project, as a
condition of the release of final project retention.
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7-15.1.2 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 Department of Resources Recycling and Recovery (CalRecycle) and is
regulated by the Enforcement Agency (EA).
B. Construction and Demolition Debris/Materials or C&D Debris/Materials. 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, 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. Contracting Officer. The City of Rancho Palos Verdes Director of Public Works or
designee.
D. 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 or recycling, by weight.
E. Disposal. Final deposition of C&D 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.
F. Diversion or Divert. The reuse, recycling or composting of construction and demolition
debris to avoid disposal in a landfill.
G. Enforcement Agency (EA). Enforcement agency as defined in Public Resources Code
40130.
H. 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.
I. Inert Solids or Inert Waste. Non-liquid solid wastes including, but not limited to, soil and
concrete that do not contain hazardous waste or soluble pollutants at concentrations in
excess of water quality objectives established by a regional Water Board pursuant to
Division 7 (Sections 13000, etseq) of the California Water Code and does not contain
significant quantities of decomposable solid resources.
J. Mixed C&D Debris. Loads that include commingled recyclable and non-recyclable C&D
debris generated at the construction site.
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K. Mixed Debris Recycling Facility. A processing facility that accepts loads of solid waste
and/or recycling materials for the purpose of recovering reusable, recyclable, and
compostable materials and disposing the non-recyclable residual materials.
L. 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.
M. Reuse. The use of a material that might otherwise be discarded, in the same or similar
form as it was produced.
N. 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 of 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.”
O. Solid Waste. Refer to Public Resources Code Section 40191.
P. 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.
Q. 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.
7-15.1.3 SUBMITTALS (see Appendix for submittal forms and other information)
A. The C&D Waste Management Plan consists of two submittals: prior to commencement
of work (Project Information and Pre-Project Worksheet), and following completion of the
project (Post-Project Worksheet). The Contractor may be required to submit interim
progress reports during the project.
B. The C&D Debris Waste Management Plan requirements, resources and forms are
contained in the Appendix.
C. Project Information Form and Pre-Project Information Worksheet (Prior to commencement
of work).
1. Prior to commencing the Work, submit the completed Project Information (Form A)
and Pre-Project Worksheet (Form B). Submit on forms included in Appendix.
Forms A and B must include, but not be limited to, the following information:
(a) Contractor’s name and project information.
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(b) Estimated quantities of materials to be generated, diverted and disposed.
Review Contract Documents and estimate the types and quantities of
materials under the Work that are anticipated to be feasible for on-site
processing, or source separation for reuse or recycling. Indicate the
procedures that will be implemented 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.
(c) Names of haulers and names and locations of re-use, recycling, processing
and disposal facilities/sites.
(d) Tonnage calculations that demonstrate that Contractor will divert a
minimum 50% by weight of the construction and demolition waste materials
generated in the Work, and 100% of the land clearing debris.
2. Forms A&B must be approved by the Contracting Officer prior to the Start of Work.
3. Contractor’s C&D Debris Waste Management Plan will not otherwise relieve the
Contractor of responsibility for adequate and continuing control of pollutants and
other environmental protection measures.
4. Requests for exemptions to the diversion requirements must be submitted to the
City prior to commencement of Work. Contractor must provide adequate
information to support the request for exemption and explanation of why the
diversion requirements cannot be achieved. Requests for exemptions will be
considered on a case-by-case basis by the City, and a determination will be made
to accept or reject the request for an exemption.
D. C&D Debris Post-Project Summary (After completion of project).
1. Submit the completed Post-Project Summary (Form C) 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 processes and/or facilities
used for reuse and recycled materials, including but not limited to the following:
(a) On-site crushing of asphalt and concrete for use on-site or off-site.
(b) Reuse of building materials or salvageable items.
(c) Source separated recycling facilities.
(d) Mixed debris recycling facilities.
(e) Recycling of C&D debris, including soils, as landfill alternative daily cover.
(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.
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(h) Other (describe).
2. The Post-Project Summary (Form C) 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. Include the
following information on the form:
(a) Indicate project name and address, name of the Contractor completing the
Summary Report and compiling backup documentation, the printed name
and signature of the person completing the form, and the date that the Post-
Project Summary is completed.
(b) 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.
(c) Indicate locations to which materials are delivered for reuse, salvage,
recycling, accepted as daily cover, inert backfill, or disposal in landfills or
transfer stations.
(d) Provide legible copies of weigh tickets, receipts, or invoices that specifically
identify the project generating the material. The documents must be from
recyclers and/or disposal site operators that can legally accept the
materials for the purpose of reuse, recycling, or disposal.
PART 2 PRODUCTS
(Not used.)
PART 3 EXECUTION
7-15.3.1 SALVAGE, REUSE, RECYCLING AND PROCEDURES
A. Identify reuse, salvage, and recycling facilities. Contact your Project Manager for a list of
local organizations and companies.
B. Develop and implement procedures to reuse, salvage, and recycle new construction,
demolition, and excavation materials, based on the Contract Documents, the C&D Debris
Waste 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.
2. Explore the possibility of reusing project job-site inert materials, such as rock,
concrete, dirt and aggregate, on-site for road base or other similar uses.
3. Source separate new construction, excavation and demolition materials including,
but not limited to the following types:
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(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.
4. Develop and implement a program to transport loads of mixed (commingled)
construction and demolition 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 Contractor’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. Legally transport and deliver to facilities that can legally accept new construction,
excavation and demolition materials for purpose of re-use, recycling, or composting
E. Do not burn, bury or otherwise dispose of solid waste on the project job-site.
7-15.3.3 REUSE AND DONATION OPTIONS
A. Implement a reuse program to the greatest extent feasible. Options for reuse may include,
but are not limited to:
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, 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. All exchanges are coordinated between the parties.
The site can be accessed at www.ladpw.org/epd/lacomax.
2. California Materials Exchange (CalMAX) is a free service provided by the State of
California, Department of Resources Recycling and Recovery (CalRecycle) that
connects businesses, organizations, manufacturers, schools, and individuals with
online resources for exchanging materials. The site can be accessed at
www.calrecycle.ca.gov/CalMAX.
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3. Habitat for Humanity ReStore resale outlets accept donated home improvement
goods like furniture, home accessories, building materials and appliances. The
materials are sold to the general public. The proceeds help local Habitat affiliates
fund the construction of Habitat homes within their communities. Locations of
ReStores can be found at: www.habitat.org/restores.
7-15.3.4 REVENUE
A. Revenues or other savings obtained from recycled, re-used, or salvaged materials shall
accrue to Contractor unless otherwise noted in the Contract Documents.
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SECTION II: SPECIAL PROVISIONS
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 most current
edition, including all supplements, 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 Construction Quotes
(b) Contract Agreement
(c) 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 City of Rancho Palos Verdes
Board City Council, City of Rancho Palos Verdes
Engineer The Public Work Representative as assigned
by Public Works Director, acting either directly
or through the properly authorized agents, such
agents acting within the scope of the particular
duties entrusted to them.
Special Provisions All Contract Documents, including the Special
and Technical Provisions.
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.
4. SCOPE OF WORK
In general, the work comprises without limitation, furnishing all necessary labor, materials,
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equipment, and other incidental and appurtenant work necessary to replace the existing
retaining wall with new as more clearly described in the Contract Documents. Due to work
to be conducted in congested tight space, provide safe access to and from the adjacent
house and the public affected by this work. This work will be performed in strict
conformance with the Contract Documents, permits from regulatory agencies with
jurisdiction, and applicable regulations. The quantity of work to be performed and materials
to be furnished are approximate only, being given as a basis for the comparison of Bids.
Actual quantities of work to be performed may vary at the discretion of the Director of
Public Works.
The work to be done shall include furnishing all materials, equipment, tools, labor, and
incidentals as required by the Specifications, and Contract Documents, in the City of
Rancho Palos Verdes, California.
The proposed concrete retaining wall must be constructed at the locations shown on the
plans per details shown on the plans, conforming to the 2022 Caltrans Standard
Specifications (including the Revised Standard Specifications dated 4/15/2022), the
Greenbook Specifications (2021, including supplements), and these Special Provisions,
and or as directed by the Engineer.
Pedestrian access from the Crest Road sidewalk to the house at 3001 Crest Road must
be maintained throughout construction. The pedestrian access path must be at least 48”
wide and must include fall protection per the guidelines of the Occupational Safety and
Health Administration (OSHA). If necessary to provide the minimum walkway width, the
width of over-excavation beyond the retaining wall footing may be reduced at isolated
locations. A sketch showing the limits of proposed reduction of over-excavation must be
submitted to the Engineer for approval. If pedestrian access cannot be provided along the
North edge of driveway during construction, the Contractor must work with the City,
homeowner, and Engineer to provide alternate pedestrian access.
The Contractor must review the project Geotechnical Report, dated 1/30/2023. Prior to
construction, a pre-construction conference must be held to discuss the grading
recommendations from the report. Representatives from the City, contractor, and the
design team should be in attendance. The Geotechnical Engineer should be involved
during construction as described in Section 11 of the Geotechnical Report.
Prior to the start of field construction, the contractor shall submit a Traffic Control Plan
sealed by a licensed Professional Engineer and receive approval for said plan from the
City. The Traffic Control Plan shall provide pedestrian access through the site at all times.
The review period required by the City is two weeks. No additional contract time shall
provided for the Traffic Control Plan or its approval. The cost for development, approval,
and implementation of the Traffic Control Plan shall be included in the LUMP-SUM PRICE
and no additional payment shall be made.
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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
July 4th
Labor Day
Election Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving Day
December 25 through January 1
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 2-10
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
Contractor shall exercise due care to ensure that these utility facilities are not damaged
during his operations. The Contractor shall notify, at a minimum, the following utility
companies prior to the beginning of any work:
AGENCY TELEPHONE NUMBER
City of Rancho Palos Verdes (310) 544-5252
Southern California Edison Company (310) 783-1156
Southern California Gas Company (310) 687-2020
Verizon (310) 793-4159
California Water Service Company (310) 541-2438
Cox Communications
EDCO (trash hauler)
(310) 551-5020 x30
(310) 540-2977
LA County Department of Public Works (sewer) (626) 458-4357
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Sanitation District of Los Angeles County (562) 699-7411 x1205
USA 811
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 a densely populated area where parking for townhome and apartment
residents are affected, the contractor shall provide a traffic phasing plan to show
anticipated parking restrictions, maintaining parking and access to residents at all times.
The traffic phasing plan shall be provided at least 3 weeks in advance of construction, in
order to provide ample notification to residents prior to the start of work.
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
Los Angeles County Fire Department,
Station 83
(310) 831-4624
Los Angeles County Sheriff’s
Department
(310) 539-1661
Western Waste Industries (310) 830-7100
MTA (bus) (213) 626-4455
LA County Fire Department (310) 830-3361
Los Angeles School District (818) 997-2455
PV Transit (310) 544-7108
Peninsula Dial-A-Ride (310) 544-7108
EDCO Disposal Corp (310) 540-2977
Postmaster (310) 377-6833
Palos Verdes Unified School District (310) 378-9966
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8. CONFERENCE
The Contractor shall attend a pre-construction meeting with the Director of Public Works
and/or his authorized representative, which shall be held a minimum of five (5) working
days prior to commencement of any work.
The Contractor shall submit his 24-hour emergency telephone numbers to the Director of
Public 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) General: Attention is directed to Section 7-10 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. Public convenience
and traffic control shall conform to Section 7-10 of the Standard Specifications for Public
Works Construction, the California MUTCD and the MUTCD California Supplement, latest
edition, except as modified by these Special Provisions. Warning and Protection Devices:
The Contractor will be responsible for providing, placing and maintaining approved signs,
barricades, pedestals, flashers, delineators, fences, barriers, non-skid steel trench plates,
temporary asphalt concrete 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 per the traffic
control plans. 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 72 hours before the start of construction and to report the time of posting
to the Sheriff’s Station 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.
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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.
The Contractor shall be responsible for adequate barricading of the work area and
controlling of traffic in the vicinity of the project as specified in Subsection 7-10, Public
Convenience and Safety, 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) Traffic Control: Traffic control implementation shall follow the requirements of
Section 7-10 of the Standard Specifications and the referenced Caltrans manual and the
California MUTCD, latest edition. A Traffic Control Plan, sealed by a licensed engineer,
shall be submitted to the City for approval, prior to the start of the field work.
All necessary traffic control devices shall be in place prior to the start of work. The
Contractor shall field check all temporary traffic control signs, barricades and other devices
to ensure their continuous proper maintenance and conformance to the plans and
specifications (including weekends and holidays).
The Contractor shall so conduct his operations as to offer the least possible obstruction
and inconvenience to public traffic. Every effort shall be made to provide a clear and
unobstructed view of all traffic control signs, signals, or markers. Existing signs shall be
covered when directed by the Engineer. When construction signs are not in effect, they
shall be removed, covered, or relocated out of the driver’s view. Construction signing shall
be in place prior to the beginning of any workday.
The order of work and phasing requirements, except where otherwise specifically required
by the plans and specifications, shall be determined by the Contractor who shall be solely
responsible for coordinating all subcontract and prime contract work to minimize delays
during construction.
The Contractor shall maintain access for emergency vehicles at all times on all streets.
All traffic control layouts and work sequence instructions shall be developed to account
for continuous emergency vehicles access and driveway access.
There shall be a minimum of 5’ clearance from open excavations and 2’ from other
obstructions (curbs, k-rail, etc.) for the motoring public. All lanes shall be open to traffic
during non-working / “non-lane restriction” hours.
No street restrictions shall be allowed without advanced written approval from the
Engineer. Certified flaggers with hand-held communication devices, proper safety vests
and signage shall be required at all times wherever the useable roadway is restricted, to
ensure for the safe passage of motorists at all times. Certified flaggers are required where
travel lanes in each direction cannot be maintained.
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The Contractor shall be required to provide and maintain all necessary flaggers,
barricades, delineators, signs, flashers, and any other safety equipment as set forth in the
latest publication of the California MUTCD, or as required by the Engineer to insure safe
passage of traffic. Impacts to the right of way that remain overnight shall incorporate
appropriate flashers for barricades and reflective delineators.
Unless otherwise specifically provided in writing, the Contractor will not be allowed to
begin an excavation that cannot be successfully backfilled, temporarily repaved or plated
with non-skid steel plates, in the same working day. Non-skid steel plates must be capable
of carrying H-2O wheel loading. Plates shall have a minimum width equal to the
excavation width plus 24 inches and be securely fastened to the street surface. Asphalt
fillers, a minimum of 6 inches wide shall be placed around the perimeter of the plate. When
traffic is transferred to any type of temporary pavement surface good drivability of the
surfaces shall be maintained and shall be subject to approval by the Engineer prior to
allowing traffic to be transferred upon it.
In the unavoidable event that an open trench must be covered with steel plates over-night
then flasher equipped barricades and other barriers, shall be placed at the ends and along
the sides of these steel plate covered excavations from sunset to sunrise of the next day,
to warn all pedestrians and vehicular traffic of such excavations. Pipe trenches and other
hazardous excavations shall be filled in, securely enclosed, or covered at the end of each
working day, to the satisfaction of the Engineer. Flasher equipped barricades and other
barriers left in operation beyond the normal work hours as prescribed, shall be
solar/battery powered only.
Failure or refusal by the Contractor to comply with the requirements of this section shall
be sufficient cause for the City to order the work done by City forces and all costs thereof
to be borne by the Contractor.
Continuous driveway access shall be maintained, excepted when specific written
permission is provided to do otherwise. The City will enforce the work hours and
continuous driveway access requirements of this section. In order to ensure compliance,
an assessment of $250 for every 15 minutes of non-compliance or portion thereof will be
deducted from the Contractor’s payment for non-compliance. No assessment will be
made for emergency work, i.e. broken water line repair, gas leak repair or similar
emergency work as directed by the Engineer. This assessment shall be deducted from
the amount due the Contractor on this project.
If the Contractor is found to be negligent in furnishing warning and protective measures
as detailed above, the City may direct the Contractor’s attention to the hazard and it shall
be the Contractor’s responsibility to furnish and install the necessary warning and
protective measures at his/her expense. Should the City point out the inadequacy of
warning and protective measures, such action on the part of the City shall not relieve the
Contractor from responsibility for public safety or abrogate its obligation to furnish and pay
for these devices.
The Contractor shall use and maintain caution tape between barriers for all open
excavations.
The Contractor is notified that there are a significant number of bicycle riders, pedestrians
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and joggers in the City. The Contractor shall develop and operate his traffic control
activities with this in mind. He shall conduct his operations in a safe manner for cyclists
and pedestrians as well as vehicles.
PAYMENT: Full compensation for complying with the work contained in this section shall
be included in the LUMP-SUM PRICE.
10. SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workmen 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 Community Development 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 Public Right of Way shall not be used as an area
to stockpile material overnight.
The City will provide the Contractor with a sample release form upon request.
12. EQUIPMENT REQUIREMENTS
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 during stated working hours only. 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.
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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 LUMP-SUM PRICE, 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.
Vehicle and Equipment Management: The Contractor shall use and maintain construction
vehicles and equipment in a manner that prevents 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.
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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 all appropriate 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.
The Contractor shall store and mix dry and wet materials either off-site or under cover,
away from drainage areas.
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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.
PAYMENT: STORMWATER BEST MANAGEMENT PRACTICES shall be paid as part of
the LUMP-SUM PRICE and includes all material, labor, equipment and BMP’s required to
implement the STORMWATER BEST MANAGEMENT PRACTICES.
Payment for STORMWATER BEST MANAGEMENT shall be made per lump sum as
follows: The LUMP-SUM PRICE shall be prorated on a monthly bases over the course of
the project, with final payment at 100% construction.
15. SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor, his employees, his subcontractors and their employees shall promptly
and fully carry out such 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 observed by the Contractor, they may be enforced by the
Director of Public Works or his authorized representative at the Contractor’s expense.
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16. ELECTRICAL POWER
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
City or 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 previously unknown 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 3-3 of the Standard Specifications.
18. AIR POLLUTION CONTROL
Section 7-8.2, “Air Pollution,” of the Standard Specifications is supplemented by the
following:
Safety & Ventilation – Construction Activities shall be conducted in compliance with OSHA
requirements for confined space. The Contractor is responsible for providing a method
statement and implementing necessary practices to comply with OSHA Safety and
Ventilation standards.
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.
19. PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the work. The project streets and any
street 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
7-8.1 of the Standard Specifications.
In any area visible to the public, the following shall apply: When practicable, construction
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.
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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 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 the LUMP-SUM PRICE, and no additional
compensation will be allowed therefore.
20. WORK HOURS
The construction shall be conducted between the hours of 7:30 AM and 5:00 PM Monday
through Friday. No vehicle or personnel shall be allowed to enter the site vicinity earlier
than 7:00am and no vehicle or personnel shall be allowed to park or wait in the vicinity or
on adjacent streets before 7:00AM and after 5:00PM.
Deviation from normal working hours will not be allowed without prior written 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 $150.00 per hour, plus travel time where applicable. The above charge would be levied
for inspection services as necessary as a matter of public safety and to 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. SCHEDULE AND PUBLIC NOTICES
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. 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
$500.00 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 phases of
the work. The schedule shall be in the form of a Gantt/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.
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The Contractor shall provide written notification with to residents near the
construction a minimum of 72 hours prior to any work. The notice will be provided by
the City, distributed by the Contractor, and will include a preliminary schedule, name of
the job superintendent/foreman and a telephone number where he/she can be reached
24 hours a day in case of emergency. Even if the required utility work is to be done by the
utility owner or a sub-contractor it is the Contractor’s responsibility to ensure that the
proper notification procedures are followed.
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.
Upon commencement of work, that work shall be completed as soon as practical in
each project area. Locations with open construction or incomplete work shall not
remain inactive. The Contractor shall limit the extent of his operations as needed to
ensure that work areas are completed in each location in a diligent and expeditious
manner. If a location is left inactive, the City may assess a penalty of $500 per day
for each specific location of work for each day of inactivity.
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, Five Hundred Dollars ($500.00) 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 72 hours prior to the planned activity which may
cause an inconvenience 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:
Payment - Payment for furnishing the schedules and any related items for their completion
shall be considered as included in the LUMP-SUM PRICE, and no additional
compensation will be made therefor.
22. PHOTOGRAPHIC SURVEY OF ALL EXISTING CONDITIONS
The Contractor is encouraged to undertake an extensive photographic survey of all
existing improvements that could possibly be affected by the construction activities. This
survey will include, but is not limited to landscaping, streets, plants, and visible utilities.
In the event of a claim, the onus will be on the Contractor to be able to clearly demonstrate
that the photographic survey shows that it is a pre-existing condition of the
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improvement(s). Should the Contractor not be able to disprove a claim from the public, the
Contractor will be responsible to reinstate the improvement into an acceptable condition.
23. MOBILIZATION
Mobilization shall consist of preparatory work and operations including, but not limited to,
those necessary for the movement of personnel, equipment, materials, construction trailer,
portable toilets and incidentals to the project site necessary for work on the project and for
all other work and operations which must be performed or costs incurred including bonds,
insurance, City business license and financing prior to beginning work on the project site.
The Contractor shall provide a detailed project schedule, both electronically and in hard
copy form (see previous item on Scheduling and Notices). Schedule updates shall be
provided monthly with each progress payment, and in accordance with these specification
requirements and as directed by the Engineer. The Contractor’s project manager,
superintendent and foreman are required to attend the pre-construction meeting and
weekly progress meetings.
The Contractor shall have on the work site at all times, as its agent, a competent English
speaking superintendent capable of reading and thoroughly understanding the plans,
specifications, other related documents, and directions from City’s Construction
Representative.
The Contractor is responsible for securing an adequate storage site for equipment and
materials (see separate items that detail these requirements elsewhere in these General
Provisions).
The cost of providing bonds, insurance, financing, moving equipment to the job site and
preparing an approved work schedule shall be part of Mobilization work and included in
the contract price submitted as the LUMP-SUM PRICE, and no additional compensation
will be allowed therefor.
The City of Rancho Palos Verdes shall waive its permit fee. The Contractor shall comply
with the requirements specified of each license.
Mobilization shall also include the cost, time and labor to move the necessary construction
equipment to and from the job site, supervisory time on the job by the Contractor’s
personnel to keep the construction site in a safe condition, the costs to set
up/maintain/vacate the staging area, the costs to set up/maintain/vacate the field office
and toilet facilities and all other related work as required for all non-working days during
the course of construction.
Mobilization shall also include all related “De-mobilization” costs, including the removal of
any remaining USA utility markings or other construction paint markings.
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B. PROJECT SPECIAL PROVISIONS
PROJECT: 3001 CREST RD RETAINING WALL
1- GENERAL
1.01 Work Included -- Work includes, but is not necessarily limited to:
In The work comprises without limitation, furnishing all necessary labor, materials,
equipment, and other incidental and appurtenant work necessary to replace the existing
retaining wall with new as more clearly described in the Contract Documents. Due to work
to be conducted in congested tight space, provide safe access to and from the adjacent
house and the public affected by this work.
Civil and Structure Demolition
Work pertains to the demolition and removal of the existing retaining wall, driveway,
sidewalk, asphalt, trees, and curb and gutter. Demolition work must conform to the
“Driveway Improvement Plan” sheet. Payment for this phase includes full compensation
for furnishing all labor materials, tools, equipment, and all incidentals necessary for
removing and disposing of the existing features. All materials generated during demolition
must be removed from the site and disposed of at a legal dumping site. Noise must be
controlled and monitored during demolition and removal activities.
Retaining Wall Removal must be coordinated with tree removal since wall appears to be
supported by existing trees at one or two locations. Wall removal must be a controlled
removal to prevent unpredictable collapse of the existing retained fill. The existing wall
must be monitored for movement if heavy equipment occupies the driveway during
removal, since the existing wall may not have the capacity to resist heavy surcharges.
Removal of the approximately 5 feet of the upper portion of the existing retaining wall on
the north side of driveway must be paid under retaining wall removal.
Work, under this phase, includes but not limited to are:
Retaining Wall Removal,
Concrete Driveway and Sidewalk Removal,
Asphalt Removal, and
Sawcut Existing Pavement,
Erosion Control,
Curb & Gutter Removal and Disposal, and
Tree Removal,
Structures
Structural Concrete, Retaining Wall must conform to Section 51, “Concrete Structures,” of
the Standard Specifications. Payment for structural work includes full compensation for
furnishing all labor, materials, tools, forming equipment, and all incidentals necessary for
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furnishing and installing the concrete for the retaining wall. Structural concrete for the
retaining wall must have a slump of 4 inches based on ASTM C143.
Bar Reinforcing Steel must conform to Section 52, “Reinforcement,” of the Standard
Specifications. Payment for reinforcing steel installation work includes full compensation
for furnishing all labor, materials, tools, equipment, and all incidentals necessary for
furnishing and installing the concrete reinforcement for the retaining wall.
Structure Excavation, Retaining Wall and Structure Backfill, Retaining Wall must conform
to Section 19, “Earthwork,” of the Caltrans Standard Specifications. Note that Greenbook
specifications for earthwork, which are referenced by the project Geotechnical Report,
must be superseded by Caltrans Specifications. Payment for excavation and backfill
includes full compensation for furnishing all labor, materials, tools, equipment and all
incidentals necessary for completing the necessary excavation and backfill for the
retaining wall. Payment for geocomposite drain must be included for Structure Backfill,
Retaining Wall. Excavations that are deeper than approximately 4 feet should be either
sloped at an inclination no steeper than 1.5H:1V or shored. Temporary shoring, if utilized,
must be included in payment for Structure Excavation, Retaining Wall. Temporary cuts to
permit construction of the retaining wall, if utilized, must be backfilled and compacted in
accordance with Section 19 of the Caltrans Standard Specifications. Per the project
Geotechnical Report, the on-site soils are not anticipated to be suitable for re-use as
structure backfill.
Concrete Barrier Type 836A must conform to Section 83-3, “Concrete Barriers,” of the
Caltrans Standard Specifications. Payment must include full compensation for furnishing
all labor, materials, bar reinforcing steel, tools, equipment, and all incidentals necessary
for furnishing and installing the barrier on top of the retaining wall.
Work, under this phase, includes but not limited to are:
Structural Concrete, Retaining Wall
Bar Reinforcing Steel,
Structure Excavation, Retaining Wall
Structure Backfill, Retaining Wall, and
Concrete Barrier Type 836A
Civil
Work to construct the new driveway and sidewalk must conform to the “Driveway
Improvement Plan” sheet in the project plan set. Payment for this phase includes full
compensation for furnishing all labor, materials, tools, equipment and all incidentals
necessary for completing the civil work.
Work, under this phase, includes but not limited to are:
Earthwork,
AC Pavement (3” AC/6” AB),
Concrete Driveway and Sidewalk.
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1.02 Submittals - No separate payment shall be made for required project submittals.
Submittals shall include all materials, plans, diagrams, and drawings as called for in the
specifications, and as may be required by the work, and shall include at least the following:
a) Product Data and Shop Drawings Submittals
b) Project (Work) Schedule
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, and adherence to any milestones set forth in these
Special Provisions.
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 authorized representative to
be considered the advance weekly schedule. The City will provide the Contractor
the 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.
During the scheduling conference between the Contractor and the Director of
Public Works or 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.
The City of Rancho Palos Verdes strictly adheres to a policy whereby the adjacent
residences through the city are kept fully informed as to potential inconveniences
caused by construction activities within the City. Every effort is made to minimize
these inconveniences. 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.
c) Milestone: (i) Product Data and Shop Drawings Submittals
(ii) Project (Work) Schedule
(iii) Civil and Structural Demolition
(iv) Construction – Structure
(v) Construction – Civil
(vi) Closeout
d) Contact List and Notices
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1.03 Product Handling
Use all means to protect all materials, before, during, and after installation. In the event of
damage, immediately make all repairs and replacements necessary to the approval of the
City’s designated representative at no additional cost to the Owner. Workmanship must
comply with printed instructions and recommendations of the manufacturer, and with the
highest standards of the industry.
1.04 Warranty
The contractor shall provide Owner a one-year warranty in writing that guarantees the
completed work to be free from defects in materials and workmanship. Contractor to
guarantee 72 hour call-out response to requests for warranty work during warranty period.
Call out response includes excessive gravel unravelling. Contractor shall blow all gravel
from driveways and gutter, and power sweep project area one time after 90 days of
completion, during the warranty period, if initial sweeping is not effective.
2- FURNISH AND APPLY WATER
Furnishing and applying water shall be considered as included in the LUMP-SUM PRICE,
and no additional compensation will be allowed therefor.
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
California Water Service Company.
3- UNCLASSIFIED EXCAVATION
General: Unclassified excavation shall consist of all excavation, including hardscaping,
landscaping, soils, rock, roadway, and all other existing materials as necessary to
complete the intended construction items.
Payment: Full compensation for Unclassified Excavation shall be considered as included
in the LUMP-SUM PRICE, and shall include furnishing all labor, materials, tools,
equipment, incidentals, and appurtenant work required to complete the work as shown on
the plans and in accordance with the specifications. No additional compensation will be
allowed.
4- CLEARING AND GRUBBING
The Contractor shall clear and grub within the easement as necessary to provide access
for equipment and perform the noted construction work.
Payment: Payment for clearing and grubbing shall be included in the LUMP-SUM PRICE,
and no additional compensation will be allowed therefor.
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5- BEST MANAGEMENT PRACTICES
Best Management Practices/ NPDES Compliance shall be as specified in the Special
Provisions of these specifications, and shall be paid as part of the LUMP-SUM PRICE,
and no additional compensation shall be allowed.
6- PROTECTION AND RESTORATION OF EXISTING
IMPROVEMENTS
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 9. 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 signs not affiliated with the scope of work
including, but not limited to directional, warning, advisory, regulatory, bus stop, and street
markers, in an erect and functional position and condition all times during the construction
period in temporary locations as designated by the Director of Public Works. 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.
All spray paint and markings used for locating utility lines, identifying work locations, or
any other purpose, shall be completely removed by power-washing.
Full compensation for protection and restoration of existing improvements shall be
included in the LUMP-SUM PRICE to which this work is appurtenant and no additional
compensation will be allowed therefore.
7- REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK
All work which is defective in its construction or deficient in any of the requirements of
these Special Provisions or the Standard Specifications shall be remedied, or removed
and replaced by the Contractor in a manner acceptable to the City and no compensation
will be allowed for such correction.
Upon failure on the part of the Contractor to comply forthwith with any order the Engineer
makes under the provisions of this section, the Public Works Department shall have
authority to cause defective work to be removed and replaced and deduct the costs thereof
from any monies due or to become due to the Contractor.
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8- 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 part of the LUMP-SUM PRICE, and no
additional compensation will be made therefor.
9- INSPECTION BY CITY
The City shall inspect the quality and completeness of the Contractor's work and report
any deficiencies to the Contractor.
10- CLEANUP:
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
concrete, tree roots, and any other debris resulting from the work performed. Full
compensation shall be considered as included in the LUMP-SUM PRICE.
11- CONSTRUCTION WATER:
The Contractor shall make his own provisions for water necessary for construction, drilling,
backfill consolidation and cleanup.
Note: The Contractor shall not use any private property water paid for by the property
owner. The Contractor shall obtain and pay for all costs incurred for any necessary
water meter permits. No extra compensation shall be allowed for the permit and/or
water meter.
For a permit contact:
California Water Service
5837 Crest Road
Rancho Palos Verdes, CA 90275
(310) 377-5525
12- STORAGE SITES:
The Contractor may be allowed to store materials and equipment in designated areas at
City Hall or at the work site during the course of construction. The Contractor is required
to obtain permission for such storage from the Engineer.
The City may permit the Contractor to store certain materials and equipment on City
property provided that (1) The storage area has a gate which shall be closed by a lock at
the end of each day. (2) The site and access road must be kept clean at all times during
the period of the contract and (3) The Contractor complies with City requirements
regarding cleanup.
The allowable materials to be stored by the Contractor are: Vehicles, equipment, wooden
forms and tools. All storage materials must be first approved by the City. The Contractor
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will not be allowed to store broken concrete, asphalt concrete or any debris on City
property.
If the site becomes unacceptable to the City for any reason, after notice by the City, the
Contractor shall correct the problem immediately. In the event that the City requests
removal of the materials from City property prior to the end of the construction period, the
Contractor shall not receive any additional compensation. The Contractor shall maintain
and clean the storage area on a daily basis.
The Contractor shall repair at no cost to the City, any damage to the asphalt concrete
access road resulting from the Contractor's vehicle traffic.
Upon failure on the part of the Contractor to comply with any of these Special Provisions,
the City shall have authority to cause defective work to be corrected and deduct the cost
of said corrections from any monies due or to become due to the Contractor.
The Contractor shall hold the City harmless in the event of damage, vandalism or injury to
the Contractor's equipment, materials, etc., resulting from the use of this site.
13 - FENCE CONSTRUCTION
Precast Concrete Fence components shall meet or exceed the following minimum
standards:
1. Concrete:
a. Concrete shall be normal weight concrete having sand and gravel or crushed
stone aggregate. Mixed with ASTM-C150, type I or III Portland cement.
b. Concrete workmanship:
i. Fresh poured concrete shall be tamped in to place using steel rammer,
slicing tools, or mechanical vibrator, until concrete is thoroughly
compact and without voids. Excavation for footing shall be on
undisturbed soil or to the depth noted on the drawings. Leave the
bottom bearing surface clean and smooth. If footing excavations are
made deeper than intended, only concrete shall be used for fill. Remove
all loose material from excavations prior to concrete pour.
2. Fence characteristics:
a. All fencing to be standard galvanized finish.
b. Post will be embedded in concrete footings. Footings will be a minimum of 24
inches in depth, below grade.
c. Provide a 2” crown at the top of all post footing
d. Steel pipe schedule 40 galvanized, standard weight.
e. Lock: Fence/Gate shall be secured with an Alarm Lock TrilogyExit lock or
equivalent with the following specifications:
1. Vandal-resistant all metal, weather-resistant programmable for multi-
level access.
2. Power: Battery operated. Audible low battery alert.
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14 - SITE RESTORATION
The Contractor shall be responsible for protection and preservation of existing vegetation
and improvements including necessary removal and storage of such improvements and
subsequent replacement to obtain to the fullest extent possible, the undisturbed condition.
The Contractor shall restore or replace, any property damaged or affected by its work,
equipment or employees to a condition at least equal to that of existing condition.
The Contractor shall thoroughly clean all areas affected by the contractor and the
subcontractors including areas and improvements affected by their equipment and
employees, upon completion of the work.
Payment: Full compensation for complying with the work contained in this section shall be
included in the LUMP-SUM PRICE, and no additional compensation will be allowed
therefor.
15 - FIELD CONDITIONS
Verify routing and termination locations of conduit and boxes prior to rough-in.
Conduit routing is shown on Drawings in approximate locations unless dimensioned.
Route as required to complete wiring system.
Pull Boxes installed outdoor, in-grade, and within the roadway Right of Way shall be
labeled per Drawings.
All work called for on the drawings by notes shall be furnished and installed whether or
not specifically noted in the specifications. Do not willfully install conduit and pull boxes
as indicated on the drawings when it is obvious in the field that unknown obstructions or
grade differences exist that might not have been considered in the design, or if
discrepancies in the construction detail, legend, or specific notes are discovered. All
such obstructions or discrepancies shall be brought to the attention of the Lighting
Designer or Engineer. In the even that this is not done, the Contractor shall assume full
responsibility for the necessary revisions.
Due to the scale of the drawing, it is not possible to indicate all offsets, fittings, etc. which
may be required. The Contractor shall carefully investigate the structural and finished
conditions affecting all his work and plan his work accordingly, furnishing such fittings,
etc., as may be required to meet such conditions.
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CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of the bid:
____ Completed and Signed Proposal
____ Completed and Signed Bid Sheets
____ Completed Information Required of Bidders Form
____ Completed References Sheet(s)
____ Executed Statement Acknowledging Penal and Civil Penalties Concerning
the Contractor’s Licensing Law
____ Attached Resume of General Construction Superintendent or on-site
Construction Manager for the Contractor
____ Completed Designation of Subcontractors Form
____ Completed and Signed Contractor’s Industrial Safety Record
____ Completed, Signed and Notarized Bid Bond or Other Security
____ Signed and Notarized Non-Collusion Declaration
____ Completed and Signed Acknowledgement of Addenda
____ Completed Bidder Statistical Information Form
____ All Addenda (if applicable)
Failure of the Bidder to provide all required information in a complete and accurate manner may
be considered non-responsive.
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PROPOSAL
CITY OF RANCHO PALOS VERDES
3001 CREST ROAD RETAINING WALL PROJECT
CITY PROJECT NO. 8853
TO THE DIRECTOR OF PUBLIC WORKS, 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 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 bid price 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.
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.
The undersigned certifies to have a minimum of five (5) consecutive years of current experience
in the type of Work related to this Project and that this experience is in actual operation of the firm
with permanent employees performing a part of the Work as distinct from a firm operating entirely
by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed
by the State as a contractor to perform this type of Work and further certifies to have been so
licensed for the five (5) years immediately preceding the date of receipt of Bids. The undersigned
possesses California Contractor’s License Number ____________, Class _____, which expires
on ___________________.
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.
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Legal Business Name:
Address:
Telephone:
Contact:
Proposals which do not show the Contractor’s License Number and expiration date of the Bidder’s
License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will
be rejected.
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.
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BID SCHEDULE
INCLUDES ALL WORK TO BE DONE ON
CITY OF RANCHO PALOS VERDES
3001 CREST ROAD RETAINING WALL
CITY PROJECT NO. 8853
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
3001 CREST ROAD RETAINING WALL PROJECT, 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 ESTIMATED
QUANTITY UNIT PRICE
UNIT
EXTENDED
AMOUNT
1. 3001 CREST ROAD
RETAINING WALL -
COMPLETE PER PLAN 1 LS $ $
TOTAL FOR BID SCHEDULE $
TOTAL AMOUNT IN WORDS FOR BID SCHEDULE
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INFORMATION REQUIRED OF BIDDER
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder’s name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered
owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this
question. If you are doing business under a fictitious name, provide a copy of the filed
valid Fictitious Business Name Statement.
______________________________________________________________________
(3) Business address:
(4) Telephone: Facsimile:
(5) Type of firm - Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the state of:
(7) California State Contractor’s License Number and Class:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the site of the proposed Work for
your firm:
(10) Number of years’ experience the company has as a contractor in construction work:
(11) List the names, titles, addresses and telephone numbers of all individuals, firm members,
partners, joint venturers, and company or corporate officers having a principal interest in
this Proposal:
List at least three similar projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
Name, Address of Owner, & Telephone
No.
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(12) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized
financial statement, financial data, construction experience, or other information.
(13) “Bidder shall be properly licensed at the time of bid submission or the bid shall be
considered non-responsive and shall be rejected.”
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REFERENCES
For all public agency projects in excess of $300,000 you are currently working on or have worked
on in the past five (5) years, provide the following information:
Project 1 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 2 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name: ______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
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If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 3 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
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Project 4 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 5 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
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Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 6 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name: ______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
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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
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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.
(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:
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RESUME
Attach to this Bid the experience resume of the person who will be designated as General
Construction Superintendent or on-site Construction Manager for the Contractor.
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DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the 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 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 percent (0.5%) of the 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 percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all
Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
Name under which
Subcontractor is Licensed
and Registered
California
Contractor’s
License
Number(s)
and
Class(es)
California DIR
Contractor
Registration
Number Address and Phone Number
Type of
Work
(e.g.,
Electrical)
Percentage
of Total Bid
(e.g., 10%)1
1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).
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Contractor’s INDUSTRIAL SAFETY RECORD FORM
Bidder’s Name _______________________________________
Current
Year of
Record
2022 2021 2020 2019 2018 Total
Number of contracts
Total dollar amount of
contracts (in thousands
of dollars)
Number of fatalities
Number of lost workday
cases
Number of lost workday
cases involving
permanent transfer to
another job or
termination of
employment
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that
the information is true and accurate within the limitations of those records.
Signature:
Title:
Date:
Signature:
Title:
Date:
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BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the (“Public
Agency”), has issued an invitation for bids for the work described as follows:
3001 CREST ROAD RETAINING WALL
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to
furnish a form of bidder’s security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), 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 coverage,
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.
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”
“Surety”
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By:
Its:
By:
Its:
By:
Its:
By:
Its:
(Seal) (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.
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NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code § 7106]
State of California )
County of ____________ ) ss.
City of _______________ )
The undersigned declares:
I am the ___________________ of ___________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true.
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, to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf
of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________________[date], at
_________________________________[city], _____________________[state].
Signature ________________________________
Subscribed and sworn to before me on ________________________________.
(Date)
(Notary Seal) Signature ________________________________
Notary Public
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ACKNOWLEDGMENT OF ADDENDA
Bidder’s Name: ____________________________________
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page
acknowledging receipt of the Addenda.
Signature:
Title:
Date:
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This form shall be submitted with the Bid
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CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
Two Executed Notarized Copies of the Agreement (Attached)
Payment Bond in Amount of Contract (Attached)
Performance Bond in Amount of Contract (Attached)
Workers Compensation Insurance Certificate in the amount required by law (Attached)
Liability Insurance Certificate in the Amount of $1 Million, Naming the City as a Co-insured
Automobile Insurance Certificate in the Amount of $1 Million
General Aggregate Insurance Certificate in the Amount of $2 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)
Additional Insured Endorsement - Excess Liability (Attached)
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PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
_____________________________________
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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 by 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
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01203.0006/300347.1
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
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01203.0006/300347.1
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
actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
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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
either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
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(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.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
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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
equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
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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
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
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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
reference. When requested by the Contractor, extensions to the time period(s) specified in the
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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:
________________________ ________________________
(Name) (Title)
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________________________ ________________________
(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,
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
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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.
(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.
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(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 $1,000,000 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
three (3) 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) 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.
(f) 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 certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance 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.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. 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 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.
(d) 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.
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(e) 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.
(f) 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.
(g) 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.
(h) 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
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.
(i) 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.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
(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. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
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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.
(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.
(q) Additional 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:
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(a) Contractor will 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;
(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,
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 similar 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:
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(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
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
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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
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
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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
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
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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
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.
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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.
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 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
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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.
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.
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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
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.
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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.
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.
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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
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]
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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:
____________________________________
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.
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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.
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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.
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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 3001 CREAT ROAD RETAINING WALL, including
any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The work comprises without limitation, furnishing all necessary labor, materials,
equipment, and other incidental and appurtenant work necessary to replace the existing
retaining wall with new and other work as detailed in the Plans (Appendix 1) and Special
Provisions. Due to work to be conducted in congested tight space, provide safe access to
and from the adjacent house and the public affected by this work.
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. Baseline Schedule
B. Daily Report
C. Weekly Construction Report and Weekly Updated Schedule
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.
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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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:
Lump-Sum.
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.
V. The total compensation for the Services shall not exceed $___________ as provided in
Section 2.1 of this Agreement.
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EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work within 3001 Crest Road Retaining Wall starting on the
Notice to Proceed date. Prior to the Notice to Proceed, the Contractor must submit a project
Baseline Schedule for approval.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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01203.0006/300347.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), 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)
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01203.0006/300347.1 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.
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01203.0006/300347.1
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.
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01203.0006/300347.1
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.
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01203.0006/300347.1
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)
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01203.0006/300347.1
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.
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01203.0006/300347.1
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
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01203.0006/300347.1
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)
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01203.0006/300347.1
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)
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01203.0006/300347.1
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
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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)
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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)
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01203.0006/300347.1
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.
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01203.0006/300347.1
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 .
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01203.0006/300347.1
(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-124
APPENDIX I:
PLANS
B-125
TITLE SHEET
1
PROJECT LOCATION
“”
Know what's below.
Call before you dig.
R
B-126
BEST MANAGEMENT PRACTICE NOTES
2
GENERAL NOTES
LOAD & RESISTANCE FACTOR DESIGN
γ
CALTRANS 2022 STANDARD PLANS
’
NOTICE TO THE CONTRACTOR
NPDES NOTES
BEST MANAGEMENT PRACTICES
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BKF ENGINEERS4675 MACARTHUR CT.SUITE 400NEWPORT BEACH, CA 92660(949) 526-8460www.bkf.com3B-128
4
DEVELOPED ELEVATION
PLAN
RETAINING WALL No.1 GENERAL PLAN
TYPE 5 (MOD) WALL TYPICAL SECTION SLOUGH WALL TYPICAL SECTION
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5
RETAINING WALL No.1 DETAILS
TYPE 5 (MOD) WALL TYPICAL SECTION
BACKFILL LIMITS OF PAYMENTEXCAVATION LIMITS OF PAYMENT
LOWER SLOUGH WALL TYPICAL SECTION
WALL INTERFACE DETAIL
UPPER SLOUGH WALL TYPICAL SECTION
B-130
APPENDIX II:
MATERIAL RECYCLE PACKET
B-131
City of Rancho Palos Verdes
Master Specifications for C&D Recycling
Public Works Projects
Rev. 08/2018
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING REQUIREMENTS
Subsection 7-15 is hereby added to the Standard Specifications:
PART 1 GENERAL
7-15.1.1 SUMMARY
A. This Section includes requirements for the diversion of construction and demolition (C&D) waste
materials generated by a Project, including the requirement to submit a C&D Debris Management
Plan prior to the commencement of the Project and the requirement to submit quantitative reports as a
condition of the approval of progress payments. The City’s requirements are consistent with the
following state requirements and standards:
1.Assembly Bill 939, the Integrated Solid Waste Management Act of 1989, requires cities to divert
50% of all solid waste through source reduction, reuse, recycling, and composting programs. The
City’s recycling requirements for C&D waste materials generated by the Project are targeted to
achieve this overall diversion rate.
2.Effective January 1, 2017, the 2016 California Green Building Standards Code (2016 CALGreen)
requires a minimum of 65% diversion of C&D debris. Additionally, 2016 CALGreen requires
that all non-residential alterations with a permit valuation of greater than $200,000 or above, and
all non- residential additions of 1,000 square feet or greater, must properly manage universal
waste materials. For new construction, a disposal of 2 lb/ft2 or less is also accepted as compliance
with 2016 CALGreen.
7-15.1.2 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 Department of Resources
Recycling and Recovery (CalRecycle) and be regulated by the Enforcement Agency (EA).
B. Construction and Demolition Debris or C&D Debris. Solid waste resulting from construction,
remodeling, repair, cleanup, alteration, addition, 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, 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. Contracting Officer. The City of Rancho Palos Verdes Director of Public Works or designee.
D. C&D Recycling Center. A facility that receives only C&D material that has been separated for reuse
or recycling prior to receipt, in which the residual (disposed) amount of waste in the material is less
than 10% of the amount separated for reuse or recycling, by weight.
E. Disposal. Final deposition of C&D or inert debris into land, including stockpiling onto land, of C&D
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 C&D 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
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Master Specifications for C&D Recycling – PW Projects
Page 2 of 6
Rev. 108/2018
that is for a period of time greater than one year.
F. Diversion or Divert. The reuse or recycling of C&D debris to avoid disposal in a landfill.
G. Enforcement Agency (EA). Enforcement agency as defined in Public Resources Code 40130.
H. 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.
I. Inert Solids or Inert Waste. Non-liquid solid wastes including, but not limited to, soil and concrete
that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality
objectives established by a regional Water Board pursuant to Division 7 (Sections 13000 et seq) of
the California Water Code and does not contain significant quantities of decomposable solid
resources.
J. Mixed C&D Debris. Loads that include commingled recyclable and non-recyclable C&D debris
generated at the construction site.
K. Mixed Debris Recycling Facility. A processing facility that accepts loads of solid waste and/or
recycling materials for the purpose of recovering reusable, recyclable, and compostable materials and
disposing the non-recyclable residual materials.
L. Project. Any activity for which a permit for building, demolition, land clearing, or other permit is
required. This includes road improvements such as overlay, reconstruction, and slurry seal, as well as
other projects as directed by the Contracting Officer, or designee.
M. Recycling. The process of collecting, 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.
N. Reuse. The use of a material that might otherwise be discarded, in the same or similar form as it was
produced.
O. 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."
P. Solid Waste. Refer to Public Resources Code Section 40191.
Q. 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.
R. Structure. That which is built or constructed and used or intended for supporting or sheltering any use
or occupancy.
S. Universal Waste. Materials including, but not limited to, photovoltaic (PV) modules, batteries, cell
phones, electronic waste, cathode ray tubes/glass, electronic devices with lead, fluorescent lamps,
thermometers and other items containing mercury, and non-empty aerosol cans. Refer to California
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City of Rancho Palos Verdes
Master Specifications for C&D Recycling – PW Projects
Page 3 of 6
Rev. 108/2018
Code of Regulations, Title 22, Division 4.5, for further handling information.
T. 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.
7-15.1.3 DIVERSION REQUIREMENTS
A. Contractor shall comply with all requirements found in the most recently updated version of the
California Green Building Standards Code including, but not limited to, the following:
1. The Contractor shall cause a minimum of 65% of the solid waste generated by the Project, by
weight, to be diverted from landfill disposal through a combination of reuse, recycling, and
composting activities.
2. The Contractors shall cause 100% of waste resulting from land clearing to be reused or recycled,
including trees, stumps, rocks, and associated vegetation and soils.
3. Contractors making non-residential alterations with a permit valuation of $200,000 or above, or
non-residential additions of 1,000 square feet or greater, must provide verification that all
universal waste has been disposed of properly and has been diverted from landfills.
7-15.1.4 SUBMITTALS (see Appendix for submittal form and other information)
A. C&D Debris Waste Management Plan (WMP)
1. Prior to commencing the Project, Contractor shall submit the Project Information form (Form
PW-A) and Pre-Project Worksheet (Form PW-B or Form PW-B1) on the forms included in the
Appendix attached hereto.
2. To complete Form PW-B, select a hauler from the list of companies authorized to collect solid
waste from within city limits. This form is to be signed and dated by an authorized representative
of the contracting company.
3. To complete Form PW-B1, review Contract Documents and estimate the types and quantities of
materials under the Project that are anticipated to be feasible for on-site processing, source
separation for reuse, or recycling. Indicate the procedures that will be implemented 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.
a. Refer to the attached list for a list of local reuse and recycling organizations and
companies.
b. The C&D Debris Waste Management Plan and Estimate must include, but not be limited
to, the following:
(a) Contractor’s name and project identification information;
(b) Methods to be used to comply with diversion requirements;
(c) Materials to be re-used and recycled;
(d) Estimated quantities of each material;
(e) C&D debris, commingled and sorted offsite, or source separated on site;
(f) Names and locations of re-use and recycling facilities/sites;
(g) Tonnage calculations that demonstrate a minimum 65% by weight of the C&D debris
generated by the Project will be reused or recycled, 100% of the land clearing debris will be
B-134
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Master Specifications for C&D Recycling – PW Projects
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Rev. 108/2018
reused or recycled, and universal waste will be property managed (if applicable for project).
(h) If Contractor cannot demonstrate that the Project will meet diversion requirements,
Contractor must provide an explanation of the circumstances that will prevent the Project
from meeting the diversion requirements.
4. Contractor’s C&D Debris Waste Management Plan must be approved by the Contracting Officer
prior to the Start of Work on the Project.
5. Approval of Contractor’s C&D Debris Waste Management Plan does not relieve the Contractor
of responsibility for adequate and continuing control of pollutants and other environmental
protection measures, or any other requirements established by law.
B. C&D Debris Post-Project Summary
1. If Form PW-B was completed, submit the Post-Project Summary (Form PW-C) with copies of all
weight tickets associated with the Project with each application for progress payment. No
detailed accounting of weights or loads is necessary, so the “Summary” and “Project Diversion”
sections do not need to be completed.
2. If Form PW-B1 was completed, submit the Post-Project Summary (Form PW-C) 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 on-site or off-site.
b. Reuse of building materials or salvageable items.
c. Source-separated recycling facilities.
d. Mixed debris recycling facilities.
e. Recycling of C&D debris, including soils, as landfill alternative daily cover.
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. The C&D Debris Post-Project Summary (Form PW-C) must quantify all materials generated by the
Project, 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 reuse, recycling, or disposal.
4. Indicate project address, project number, name of the company completing the Summary Report
and compiling backup documentation, the printed name and signature of the person completing
the form, and the date that the Summary Report is completed.
B-135
City of Rancho Palos Verdes
Master Specifications for C&D Recycling – PW Projects
Page 5 of 6
Rev. 108/2018
PART 2 PRODUCTS
(Not used.)
PART 3 EXECUTION
7-15.3.1 SALVAGE, REUSE, RECYCLING AND PROCEDURES
A. Identify reuse, salvage, and recycling facilities: Refer to the attached list for a list of local
organizations and companies.
B. Develop and implement procedures to reuse, salvage, and recycle new construction and excavation
materials, based on the Contract Documents, the C&D Debris Waste 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.
2. Source-separate new construction, excavation and demolition materials.
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 Contractor’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) 544-5252, or email your Project Manager at publicworks@rpvca.gov.
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 REUSE AND DONATION OPTIONS
A. Implement a reuse 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 online materials exchange service can browse
or post listings of a wide variety of available and wanted materials. Listings are categorized by 15
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City of Rancho Palos Verdes
Master Specifications for C&D Recycling – PW Projects
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Rev. 108/2018
material classifications and six 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 parties. The site can be accessed at http://www.ladpw.org/epd/lacomax.
7-15.3.4 REVENUE
A. Revenues or other savings obtained from recycled, re-used, or salvaged materials shall accrue to
Contractor unless otherwise noted in the Contract Documents.
END OF SECTION
B-137
CONSTRUCTION DEMOLITION DEBRIS DIVERSION REQUIREMENTS
PUBLIC WORKS PROJECTS (CALGREEN 2016, EFFECTIVE JANUARY 1, 2017)
Project Category Project Type Threshold
CALGreen Minimum Diversion
Requirement (Recycle and/or Salvage
for Reuse)
New Construction All permitted structures of any size; does
not include additions, alterations or repairs
A) Equal to or greater than 65%
diversion, OR
B) Disposal of less than or equal to 2
pounds per sq.ft.
Demolition Only All permitted structures of any size 65% or greater
Less than 1,000 sq.ft.Equal to or greater than 65% diversion
1,000 sq.ft. or greater
A) Equal to or greater than 65%
diversion AND
B) Universal Waste (i.e. batteries, e‐
waste, lamps, cathode ray tubes/glass,
aerosol cans) must be managed
properly and diverted from the landfill.
Less than $200,000 valuation Equal to or greater than 65% diversion
Equal or greater than $200,000 valuation
(Valuation includes the costs for
foundation work, structural and non‐
structural building components, electrical,
plumbing, mechanical, and interior finish
material)
A) Equal to or greater than 65%
diversion AND
B) Universal Waste (i.e. batteries, e‐
waste, lamps, cathode ray tubes/glass,
aerosol cans) must be managed
properly and diverted from the landfill.
New Construction
Overlay
Medians
Curb & Gutter
New Construction
Repairs & Maintenance
New Construction
Repairs and Maintenance
Soil Excavation and
Land Clearing
(including Turf areas)
Soil Excavation and Land
Clearing
All soil excavation and land clearing
projects
100% of trees, stumps, rocks, and
associated vegetation and soils
resulting from land clearing shall be
reused or recycled (Exception: soil
contaminated by disease or pest
infestation)
Alterations (Any
construction or renovation
to an existing structure
other than repair for the
purpose of maintenance or
addition)
Additions (An extension or
increase in floor area of an
existing building or
structure)
Structures (Defined by
CAL Building Code as
that which is built or
constructed. Applies to
buildings designed for
occupancy, and does
not include roads or
sewers)
* Not mandatory per CALGreen requirements, but recommended diversion minimum by Public Works. A lower diversion requirement will be considered
on a case‐by‐case basis, provided Form PW‐D is submitted. Talk to your Project Manager before completing Form PW‐D if you think these minimums
cannot be met.
"Guide to the 2016 California Green Building Standards Code ‐ Nonresidential," Section 5.408 (p. 48),
https://www.documents.dgs.ca.gov/bsc/CALGreen/CALGreen‐Guide‐2016‐FINAL.pdf
Storm drains All projects >= $25,000 75%* of inert materials;
65%* of all other materials
Roadways and
Sidewalks All projects >= $25,000
75%* of inert materials;
100% of greenwaste;
65%* of all other materials
Trails All projects >= $25,000
75%* of inert materials;
100% of greenwaste;
65%* of all other materials
Rev 12/2018 B-138
PW INSTRUCTIONS
City of Rancho Palos Verdes
Public Works Department
(310) 544-5252
publicworks@rpvca.gov
Construction and Demolition Debris Waste Management Plan (WMP)
PUBLIC WORKS PROJECTS (including MUNICIPAL ROAD CONSTRUCTION,
OVERLAY, SIDEWALK REPAIR OR LAND CLEARING PROJECTS)
INSTRUCTIONS
Option 1: If you are electing to contract with hauler(s) from the Authorized Hauler list who will handle
recycling compliance on your behalf, complete Form PW-B (short form).
Option 2: If you will be handling all waste management activities (through direct hauling or use of own
bins), complete Form PW-B1. Estimate the weight of the C&D debris, by material type, that will be
recycled, reused, salvaged, disposed and/or transformed from your project.
Pursuant to the California Green Building Code of 2016 (2016 CALGreen), the City of Rancho Palos Verdes
requires diversion (repurposed, reused, or recycled) of at least 65% of non-hazardous construction and
demolition (C&D) debris from Public Works projects.
A C&D Waste Management Plan must be submitted to the Public Works Department for municipal projects or
projects on public property. The contents of this packet, when completed, constitute a C&D Debris Waste
Management Plan (WMP). This packet is designed to track the amount of C&D debris diverted or disposed
from your City-related (i.e. Public Works) project.
If you believe your project cannot achieve the required diversion, you must complete and submit Form PW-D,
the EXEMPTION REQUEST form, to the City (i.e. your Project Manager) explaining the circumstances, and
requesting an exemption from the requirements.
Step 2: Submit Forms to Public Works
Forms PW-A and PW-B (or PW-B1) must be submitted to your Public Works Project Manager and approved
prior to commencing work.
Step 1: Complete Forms PW-A and PW-B
Form PW-A is the PROJECT INFORMATION form. This form asks for basic project information, such as
name, type, description, location, and contractor contact information.
Form PW-B is the PRE-PROJECT WORKSHEET form. This form asks for estimated amounts of debris that
will be generated by the project.
You must complete either Form PW-B or PW-B1.
For your convenience, there are electronic versions of the forms that will automatically calculate waste generation,
disposal, and diversion based on the data entered.
Step 3: Complete POST-PROJECT SUMMARY - FORM PW-C
At least 5 business days prior to contractor requesting release of final project retention, submit a completed
FORM PW-C to Public Works at publicworks@rpvca.gov.
*NOTE* A FACILITY INFO list showing nearby companies that accept C&D materials for recycling is included in this packet. This
list was developed to assist you in finding local facilities to use as an alternative to disposal. If you use a certified mixed C&D
processing facility, your project will meet the diversion requirements.
There are authorized haulers that do business in Rancho Palos Verdes. The HAULER LIST showing companies that are
authorized to collect solid waste in RPV is included in this packet. You must use one of these haulers if contracting for waste
removal service.
Rev. 12/6/2018 1 B-139
FORM PW-A
Date:
PW Project Manager:
PW Project Name:
Project Name: Project Address / Location:
Contractor Name:
Mailing Address: City: State: Zip:
Ofc Phone No.: Cell No.: Email:
Project Type:Mark appropriate box in each column with an "X":
Road (construction, overlay, repair)
Estimated Project Start Date: Estimated Project End Date:
Request for Exemption:(If you are requesting an exemption, please fill out Form PW-D: Exemption Request)
Print Name Title Signature Date
Approved Denied
Further Explanation Needed Exempt Due to Infeasibility
Reviewed by:Date:
City of Rancho Palos Verdes
Form PW-A - PROJECT INFORMATION
Public Works Department
(310) 544-5252
publicworks@rpvca.gov
Submit this form to the Public Works Department prior to commencing your project for all
municipal projects subject to compliance, or projects on public property.
PW OFFICE USE ONLY - Approval Status
To the best of my knowledge, the above information is an accurate representation of the proposed project. I have been made
aware of the 2016 CALGreen requirements and will comply with all requirements.
Facility Improvement (renovation,
alteration, or addition)
Land Clearing (trail, grading, etc)
Other
Rev. 12/6/2018 2 B-140
FORM PW-B
City of Rancho Palos Verdes
In order to comply with the requirements of this WMP, I will contract with the following hauler(s):
(Names are in alphabetic order. Place a check next to the company or companies that you will contract with for this project)
CalMet Services
California Waste Services (CWS)
Consolidated Disposal (aka Republic/Allied Waste)
EDCO Disposal (EDCO)
Universal Waste Systems (UWS)
Waste Management - L.A. (WM)
West Coast Rolloff
If you elect this option, please specify which authorized hauler(s) and/or facility(ies) you will be using and
sign the acknowledgement below.
Instead of completing a detailed accounting of the types and quantities of C&D debris that will be
generated from this project (FORM PW-B1), you have the option to select one of RPV's authorized
waste haulers. These haulers can handle your project's debris in such a way as to comply with
CALGreen standards.
It is your responsibility to ensure that the hauler knows you are contracting for "C&D Recycling Service" so
that the material is properly handled and waste diverted. You need to obtain weight tickets from the hauler
indicating the type and weight of the material collected.
Project Name:
Public Works Department
(310) 544-5252
publicworks@rpvca.gov
Date:
Form PW-B (Short Form) - PRE-PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
This form must be completed and approved or a demolition/building permit will NOT be issued
I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or
all facilities which receive debris from this project and that I will submit a Post-Project Summary (FORM PW-
C) at least 5 business days prior to final inspection.
Print Name Signature Date
Rev. 12/6/2018 3 B-141
FORM PW-B1
City of Rancho Palos Verdes
GENERATION (1)DISPOSAL (3)
MATERIAL TYPE
Total Tons to be
Generated***
Tons to be
Recycled
Tons to be
Reused or
Salvaged
Total Tons
Recycled,
Reused, or
Salvaged
Commingled &
Sorted Offsite (Off);
or Source
Separated On-Site
(On)
Total Tons to
be Disposed
and/or
Transformed
Asphalt 19.32 16.42 1.93 18.35 On 0.97 Self - Chandler's
Mixed C&D Debris Processing 286.00 75%Recycling Rate 214.50 Off 71.50 Self - CWS
Asphalt
Bulky Items
Cardboard
Carpet
Carpet Padding
Concrete/Dirt/Gravel/Rock/Sand
Doors
Fiberglass Insulation
Fixtures
Flat Glass
Gypsum
HVAC Ducting
Leaves & Grass
Major Appliances
Metals
Other Aggregates
Roofing Material (Asphalt/Clay)
Trimmings/Branches/Stumps
Windows
Wood, Lumber, Pallets
Mixed Trash
Mixed C&D Debris Processing (all
material to be mixed and hauled
offsite for recycling)Recycling Rate
TOTAL GENERATION (A) 0.00 TOTAL DIVERSION (B)0.00 0.00 TOTAL DISPOSAL (C)
Definitions
(B÷A)*100Diversion is debris that is recycled, reused, or
Generation is the total of all disposal and diversion
activities
Disposal is debris that is delivered to a landfill and/or
transformation facility and not recycled, reused, or
*** If you need to estimate tons based on cubic yards, use the conversion factor worksheet on the back and copy the result from Column C.
You must include the haulers and all recyclers, salvage companies, recycling facilities, mixed use material recovery facilities, landfills, and/or
transformation facilities that will be used for this project.
In the table below, list estimated weight of debris, by material type, that will be generated, recycled, reused, salvaged, disposed, and/or transformed by
this project.
Project Name:
Public Works Department
(310) 544-5252
publicworks@rpvca.gov Date:
Form PW-B1 - PRE-PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
[This form is to be completed only if you plan to use your own company-owned bins/trucks for disposition of
material]
This form must be completed and approved or a demolition/building permit will NOT be issued
Name of Hauler and/or Facility
DIVERSION (2)
To estimate GENERATION (1), enter estimates in weight (tons, T) for each material type that will be handled by the project. If you do not know weights,
you must calculate the weight by multiplying the volume by the conversion factors on the next page, then dividing the pounds by 2,000 to get tons.
After generation is estimated, enter the estimate for DIVERSION (2) for each material type that will be handled by the project. This can be split between
recycling and reuse/salvage.
The difference between generation and diversion is DISPOSAL (3). If no diversion will take place for a material type, then disposal will equal the
generation amount for each material type. If only a portion of the material will be diverted, then the remainder will be disposed.
If a Mixed C&D Processing facility is to be used, enter the estimated tonnage to be delivered to the facility, the recycling rate for that facility,
and the subsequent recycling and disposal estimates.
To estimate the project's DIVERSION RATE (D), divide the total of all DIVERSION (B) by the total of all GENERATION (A) and multiply by 100.
ESTIMATED TOTAL PROJECT DIVERSION RATE (D)
Rev. 12/6/2018 3-A B-142
FORM PW-B1
Conversion Factor Worksheet
Use this worksheet if you need to convert cubic yards to tons for your project estimates.
Pounds per
Cubic Yard
Column A
Asphalt 772.80
Bulky Items 80.00
Cardboard 53.00
Carpet 147.00
Carpet Padding 62.00
Concrete/Dirt/Gravel/Rock/Sand 929.33
Fiberglass Insulation 17.00
Flat Glass 1400.00
Gypsum 467.00
HVAC Ducting 47.00
Leaves & Grass 312.50
Major Appliances 145.00
Metals 225.00
Other Aggregates 860.00
Roofing Material (Asphalt/Clay)795.50
Trimmings/Branches/Stumps 127.00
Wood, Lumber, Pallets 169.00
Mixed C&D Debris 1100.00
Tons = (Column
A x Column B) /
2000
Column C
Estimated
Cubic Yards
Column B
Rev. 12/6/2018 3-B B-143
FORM PW-C
City of Rancho Palos Verdes
Project Name:Project Address:
Contractor Name:Project Manager:
Project Number:Date:
I used to meet the recycling requirements. Weight tickets are attached.
I. FACILITIES
(A)(B)(C)
PROJECT DIVERSION
TOTAL GENERATED (A)TOTAL DIVERTED (B)TOTAL DISPOSED (C)
OVERALL PROJECT DIVERSION RATE %
Print Name Signature
Yes No Yes No
Date:
Form PW-C - POST-PROJECT SUMMARY
This form must be submitted to the Public Works Department at least 5 business days prior to project finalization. Provide facility name,
material, and total tonnage disposed and/or diverted. Documentation must be attached (i.e. weight tickets). If an approved mixed
waste processing facility was used, a report by the facility for this project is preferred. Return the completed form to the Public Works
Department at Publicworks@rpvca.gov. You may use additional sheets if necessary.
Public Works Department
(310) 544-5252
publicworks@rpvca.gov
SUMMARY
USE OF AUTHORIZED HAULERS OR FACILITIES
If you used one of the authorized haulers or facilities included in your packet, complete this section, then skip to the SIGNATURE
section below.
(List haulers and/or facilities that were used)
Please list all facilities (i.e. landfill and/or transformation, recycling/reuse/salvage, mixed C&D debris processing, materals recovery)
used for this project and enter the sum of all tickets/receipts per facility:
FACILITY NAME
TONS
DELIVERED TONS DIVERTED
TONS
DISPOSED
DIVERSION
RATE
2
1
3
4
Other (reused on site)
TOTALS
Please enter disposal and diversion totals for each item below, according to letter. Totals reported must match those listed in Section
I:
To the best of my knowledge, the above information is an accurate representation of the disposition of the construction and demolition
materials generated on the jobsite. I understand that the City of Rancho Palos Verdes may audit disposal and recycling documentation
for this project.
0.00 0.00 0.00
PW OFFICE USE ONLY
Diversion Requirement Met:Exemption:
Reviewed and Approved by:
(B/A)*100
Rev. 12/6/2018 4 B-144
FORM PW-D
FORM PW-D - EXEMPTION REQUEST
Project Name:Project Manager:
Contractor Name:Date:
Yes No
Date:
CITY OF RANCHO PALOS VERDES
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
If it is infeasible for you to comply with all of the requirements set forth by the Construction and Demolition Debris Recycling Form and you are
requesting an infeasibility exemption, please use the following space to explain why your project should be considered exempt from recycling
requirements.
Reviewed By:
PW OFFICE USE ONLY
Exemption Approved:
Rev. 12/6/2018 5 B-145
FACILITY INFO
Company Name, Address, City Phone Number/Business Hours Materials Accepted
Certified Recycling
Rate
25TH STREET RECYCLING (323) 583-7913
2121 East 25th Street Mon - Fri, 6:30am - 11pm
Los Angeles, CA 90058 Sat, 6am - 6pm
AMERICAN RECLAMATION (323) 245-0125
4560 Doran Street Mon - Fri, 7am - 5pm
Los Angeles, CA 90039 Sat, 7am - 3pm
ALLIED WASTE FALCON (562) 590-8531
3031 East "I" Street Mon - Fri, 6am - 6pm
Wilmington, CA 90744 Sat, 6am - 2pm
CALIFORNIA WASTE SERVICES (800) 839-5550
621 West 152nd Street Mon - Fri, 6am - 10pm
Gardena, CA 90247 Sat, 7am - 7pm
CHANDLERS SAND & GRAVEL (310) 784-2914
1171 Alameda St.Mon - Fri, 7am - 4pm
Wilmington, CA 90744 Sat by Appt Only
CLEAN UP AMERICA (323) 980-9930
2900 East Lugo Street Mon - Sat, 5:30am- 4pm
Los Angeles, CA 90023
DIRECT DISPOSAL (323) 262-1604
3720 Noakes Street Mon - Fri, 5am - 4pm
Los Angeles, CA 90023 Sat, 6am - 11am
DOWNTOWN DIVERSION - WM (213) 612-5005
2424 East Olympic Boulevard, Bldg. 3 Mon - Fri, 6am - 6pm
Los Angeles, CA 90021 Sat, 6am - 3pm
FS SOUTHWEST WOODWORKS CO.(310) 538-9165
140 E. 163rd St.Mon - Fri, 7:30am - 4pm
Gardena, CA 90248
FREEWAY BUILDING MATERIALS (323) 261-8904
1124 South Boyle Avenue Mon - Fri, 8am - 4pm
Los Angeles, CA 90023 Sat, 8am - 3pm
G. HARRIS INTERNATIONAL (310) 513-1424
1025 MacFarland Ave.Call for Hours
Wilmington, CA 90744
HANSON AGGREGATES (626) 856-6700 Option 1
6956 Cherry Avenue Mon - Fri, 7am - 3:30pm
Long Beach, CA 90805 Sat. 7am -2pm
HANSON AGGREGATES (626) 856-6700 Option 1
2850 California Avenue Mon - Fri, 7am - 3:30pm
Long Beach, CA 90805
LOVCO CONSTRUCTION RECYCLING SITE (562) 595-1601
23320 S. Alameda St.Mon-Fri, 7am-3pm
Carson, CA 90810
SIMS METALS (310) 831-0281
901 New Dock St.Mon-Fri, 6am-9pm
Terminal Island, CA 90731 Sat, 6am-3pm
SOUTHERN CALIFORNIA ARCHITECTURAL SALVAGE (213) 623-3119
1600 South Santa Fe Avenue Mon - Fri, 8am - 5pm
Los Angeles, CA 90021 Sat - Sun, 9:30am - 3pm
CITY OF RANCHO PALOS VERDES
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
RECYCLING AND DIVERSION FACILITIES LOCATED NEAR RANCHO PALOS VERDES
FACILITY INFORMATION SHEET
Asphalt, concrete, concrete block 100%
C&D debris: wood, metal,drywall,
cardboard, rock, soil,gravel,
asphalt, concrete
70%
C&D debris: wood, metal,drywall,
cardboard, rock, soil,gravel,
asphalt, concrete
65%
C&D debris: wood, metal, drywall,
cardboard, rock, soil, gravel,
asphalt, concrete
78.36%
Asphalt, concrete, gravel, rock,
other inert materials
Clean asphalt and
concrete - 100% *
Asphalt and concrete
mixed with dirt - 50% *
C&D debris: wood, metal,drywall,
cardboard, rock, soil, gravel,
asphalt, concrete
70%
C&D debris: wood, metal,drywall,
cardboard, rock, soil,gravel,
asphalt, concrete
78%
C&D debris: wood, metal,drywall,
cardboard, rock, soil,gravel,
asphalt, concrete
81%
Wood Pallets Only * Not Certified
Architectural salvage 100%
Metal * Not Certified
Asphalt, concrete 100%
Asphalt, concrete 100%
These facilities are certified by the City of Los Angeles and/or County of Los Angeles to attain a minimum of 65% diversion.
* Please call facility for diversion rate. Rate is not certified by City of Rancho Palos Verdes, City of Los Angeles or County of Los Angeles. Must provide
documentation of recycling rate with submittal of Form C.
Always call the company first, as information is subject to change, and some facilities may take only a specific type of material.
The City of Rancho Palos Verdes is not liable for any errors, omissions or changes on this list, nor does it guarantee the accuracy of any information
regarding materials, services or products. These are privately-owned facilities and not affiliated with the City of Rancho Palos Verdes or the City of Los
Angeles or the County of Los Angeles. The list is not intended to be exhaustive, but has been developed to assist contractors in finding conveiently
located recycling facilities as an alternative to disposal.
Asphalt, concrete * Not Certified
Metal * Not Certified
Architectural salvage 100%
Rev. 12/6/2018 6 B-146
HAULER LIST
CAL MET SERVICES CA WASTE SERVICES (CWS)CONSOLIDATED DISPOSAL (aka
Republic/ Allied Waste)
P.O. Box 2137 621 W. 152nd Street 12949 Telegraph Rd
Paramount, CA 90723 Gardena, CA 90247 Santa Fe Springs, CA 90670
(562) 259-1239 (310) 538-5998, or 800-839-5550 (800) 299-4898
Fax (562) 529-7688 Fax (310) 538-9040 Fax (562) 906-0251
www.calmetservices.com www.californiawasteservices.com www.republicservices.com
Roll-off & Small Dumpsters/Bins Roll-off & Small Dumpsters/Bins Roll-off & Small Dumpsters/Bins
EDCO CORPORATION UNIVERSAL WASTE SYSTEMS
(UWS)
WASTE MANAGEMENT- L.A. (WM)
950 E. 27th Street P.O. Box 3038 1970 E. 213th Street
Signal Hill, CA 90755 Whittier, CA 90605 Long Beach, CA 90810
(310) 540-2977 (800) 631-7016 (800) 774-0222
Fax (562) 423-1971 Fax (562) 941-4915 Fax (310) 522-6570
www.edcodisposal.com www.uwscompany.com www.wm.com
Roll-off & Small Dumpsters/Bins Roll-off Only Roll-off & Small Dumpsters/Bins
WEST COAST ROLLOFF
3100 Puente Street
Fullerton, CA 92835
(310) 532-6732
Fax (714) 255-0154
www.westcoastwaste.com
Roll-off only
Dumpsters/bins placed on private property (on the driveway and/or yard) do not need an Encroachment Permit.
RPV's LIST OF AUTHORIZED COMMERCIAL HAULERS
ROLL-OFFS, DUMPSTERS & BINS
2019
The haulers with a green recycling symbol have confirmed that using them will result in your
compliance with CALGreen's 65% recycling requirements. When contracting for service with
them, specify "C&D Recycling Service."
NOTE: An Encroachment Permit is required for any dumpster or bin placed at the curb or on the public right-of-way. Call
the Dept. of Public Works at 310-544-5252 to obtain information and a Permit.
The list below is in alphabetic order. You may contact any hauler from this list. Select the best price and
service that suits your needs and deadlines.
Rev. 12/6/2018 7 B-147
APPENDIX III:
TRASH PICKUP AND STREET SWEEPING
SCHEDULES
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rpvrecycles.com
Single-Family Residential
Waste & Recycling Collection Days
RPV
EAST
SIDE
Thursday
FridayMonday
Tuesday
Wednesday
RPV
WEST
SIDE
Monday
Tuesday
Tuesday
Wednesday
Wednesday
Thursday
Thursday
Friday
B-149
APPENDIX IV:
GEOTECHNICAL REPORT
B-150
Geotechnical Evaluation
3001 Crest Road Retaining Wall
Rancho Palos Verdes , California
Biggs Cardosa Associates, Inc.
500 South Main Street, Suite 1200 | Orange, California 92868
January 30, 202 3 | Project No. 21 2126001
Geotechnical | Environmental | Construction Inspection & Testing | Forensic Engineering & Expert Witness
Geophysics | Engineering Geology | Laboratory Testing | Industrial Hygiene | Occupational Safety | Air Quality | GIS
B-151
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com
Geotechnical Evaluation
3001 Crest Road Retaining Wall
Rancho Palos Verdes, California
Mr. John Wong
Biggs Cardosa Associates, Inc.
500 South Main Street, Suite 1200 | Orange, California 92868
January 30, 2023 | Project No. 212126001
Julianne Padgett, PE
Project Engineer
Ronald Hallum, PG, CEG
Principal Geologist
Soumitra Guha, PhD, PE, GE
Principal Engineer
JKP/RDH/SG/mlc
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CONTENTS
1 INTRODUCTION 1
2 SCOPE OF SERVICES 1
3 SITE DESCRIPTION AND PROPOSED CONSTRUCTION 1
4 SUBSURFACE EXPLORATION AND LABORATORY TE STING 2
5 GEOLOGY AND SUBSURFA CE CONDITIONS 3
5.1 Regional Geology 3
5.2 Site Geology 3
6 GROUNDWATER 4
7 FLOOD HAZARDS 4
8 FAULTING AND SEISMIC ITY 4
8.1 Surface Fault Rupture 5
8.2 Ground Motion 5
8.3 Liquefaction Potential 6
8.4 Landslides 6
8.5 Tsunamis and Seiches 6
9 CONCLUSIONS 6
10 RECOMMENDATIONS 7
10.1 Earthwork 7
10.1.1 Construction Plan Review and Pre -Construction Conference 8
10.1.2 Site Clearing and Preparation 8
10.1.3 Excavation Characteristics 8
10.1.4 Temporary Excavations 9
10.1.5 Treatment of Near -Surface Soils 9
10.1.6 Fill Material 10
10.1.7 Fill Placement and Compaction 10
10.2 Seismic Design Considerations 11
10.3 Foundations 11
10.3.1 Spread Footings 12
10.3.2 CIDH Piles (Drilled Piers) 13
10.3.2.1 Drilled Pier Construction Considerations 14
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10.4 Lateral Earth Pressures for Retaining Wall 16
10.5 Pavement Reconstruction 16
10.6 Hardscape 16
10.7 Corrosivity 17
10.8 Concrete Placement 17
10.9 Drainage 18
11 CONSTRUCTION OBSERVATION 18
12 LIMITATIONS 19
13 REFERENCES 21
TABLES
1 – 2022 California Building Code Seismic Design Criteria 11
2 – Axial Load Capacity of Single CIDH Pile 13
3 – Lateral Load Capacity of Single CIDH Pile 14
FIGURES
1 – Site Location
2 – Boring Locations
3 – Regional Geology
4 – Fault Locations
5 – Seismic Hazard Zones
6 – Lateral Earth Pressures for Yielding Retaining Walls
7 – Retaining Wall Drainage Detail
APPENDICES
A – Boring Logs
B – Laboratory Testing
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1 INTRODUCTION
In accordance with your request and authorization, Ninyo & Moore has performed a geotechnical
evaluation for the replacement of the retaining wall located at 3001 Crest Road in Rancho Palos
Verdes, California (Figure 1). The purpose of our geotechnical services was to evaluate the soil
and geologic conditions at the project site and provide conclusions and recommendations
regarding the geotechnical aspects of the planned improvements. This report presents our
findings, conclusions, and recommendations based on our background review, site
reconnaissance, subsurface evaluation, laboratory testing, and geotechnical analyses.
2 SCOPE OF SERVICES
The scope of our geotechnical services included the following:
• Project coordination, planning, and scheduling for the subsurface exploratio n.
• Review of readily available background information, including in-house published
geotechnical literature and geologic maps, fault and seismic hazard maps, groundwater data,
topographic maps, and aerial photographs.
• Geotechnical site reconnaissance to observe the general site conditions, mark the boring
locations, and coordinate with Underground Service Alert for utility clearance.
• Acquisition of a boring permit from Los Angeles County Department of Environmental Health.
• Subsurface exploration consisting of drilling, logging, and sampling of two hollow-stem auger
borings with a truck-mounted drill rig to depths ranging from approximately 16 to 21.5 feet
below the ground surface. The borings were logged by a representative from our firm, and
bulk and relatively undisturbed soil samples were collected at selected depth intervals for
laboratory testing.
• Laboratory testing of selected, representative soil samples to evaluate in-situ moisture content
and dry density, percentage of soil particles finer than the No. 200 sieve, direct shear strength,
and corrosivity.
• Compilation and geotechnical analyses of the information obtained from our background
review, subsurface evaluation, and laboratory data.
• Preparation of this geotechnical report presenting our findings, conclusions, and geotechnical
recommendations pertaining to this project.
3 SITE DESCRIPTION AND PROPOSED CONSTRUCTION
The site is located at 3001 Crest Road in Rancho Palos Verdes, California (Figure 1). The site is
a residential property consisting of a single-family home, an asphalt-concrete (AC) driveway
supported by a concrete masonry unit (CMU) retaining wall, and landscaping (Figure 2). The
existing CMU retaining wall supports the southern side of the driveway and is approximately 71
feet long. The retained height of the wall ranges from 0 to approximately 7 feet along the driveway.
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Topographically, the project area slopes downwards to the southeast with ground surface
elevations ranging from approximately 995 to 1,004 feet above mean sea level (United States
Geological Survey [USGS], 2021).
Based on our review of the draft Structural Field Inspection Report (Willdan, 2021) and a letter
from the homeowner to the City of Ranchos Palos Verdes (Logan, n.d.), we understand that the
CMU retaining wall was constructed by the County of Los Angeles as part of the widening and
improvement of Crest Road per plans dated 1967 (Los Angeles County Road Department, 1967).
The curved driveway and retaining wall for 3001 Crest Road are shown on these plans. The
driveway and retaining wall are currently under the jurisdiction of the city of Rancho Palos Verdes,
as they are located in the Crest Road right-of-way and a city owned slope easement on the
property. We understand that the existing CMU wall has experienced movement which has
caused distress in the AC driveway. Based on the structural inspection report by Willdan, the
retaining wall is leaning outward at an angle of approximately 15 degrees from vertical toward the
descending slope in some locations (Willdan, 2021). There are approximately 4 to 5 vertical
cracks along the entire height of the wall, and a large tree appears to be holding up a portion of
the wall and may be preventing the wall from leaning further. The movement of the retaining wall
has caused cracks and depression in the AC driveway. Additionally, the wall exhibited signs of
poor drainage. Willdan recommended that the retaining wall be replaced.
Based on discussions with Biggs Cardosa Associates, we understand that the structural engineer
is considering a custom Caltrans Type 5 retaining wall. Additionally, due to the site constraints
and overexcavation requirements for a custom Caltrans Type 5 wall, we are providing an alternate
option of supporting the retaining wall on cast-in-drilled-hole (CIDH) piles, also known as drilled
piers.
4 SUBSURFACE EXPLORATION AND LABORATORY TE STING
Our subsurface evaluation was conducted on November 17, 2022, and consisted of drilling,
logging, and sampling of two small-diameter borings, B-1 and B-2, to depths of approximately
21.5 and 16 feet below the ground surface, respectively. The borings were drilled using a truck-
mounted drill rig with 8-inch diameter augers. The borings were logged in the field by a
representative of Ninyo & Moore and bulk and relatively undisturbed soil samples were collected
from the borings at selected depths for laboratory testing. The approximate locations of the
borings are presented on Figure 2. The boring logs are presented in Appendix A.
Laboratory testing of representative soil samples included tests to evaluate in-situ moisture
content and dry density, percentage of particles finer than the No. 200 sieve, direct shear strength,
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and soil corrosivity. The results of our in-situ moisture content and dry density tests are presented
on the boring logs in Appendix A. The remaining laboratory testing results are presented in
Appendix B.
5 GEOLOGY AND SUBSURFACE CONDITIONS
5.1 Regional Geology
The subject site is located within the Los Angeles Basin in the Transverse Ranges geomorphic
province of southern California (Norris and Webb, 1990), which is characterized by east to west
trending mountain ranges and intervening valleys. The Los Angeles Basin has been divided into
four structural blocks, which are generally bounded by prominent fault systems. The site is located
within the Southwestern block, the majority of which is beneath the Pacific Ocean. The exposed
part of the Southwestern block mostly consists of a low plain that is approximately 28 -miles long
and extends from Santa Monica at the northwest to Long Beach at the Southeast. The Palos
Verdes Peninsula, on the southwest end of the block, is one of the prominent features of the
Southwestern block, rising to an altitude of 1,300 feet (Randell et al., 1983). The Palos Verdes
peninsula has been uplifted by movement on two sub-parallel bounding faults, the Palos Verdes
fault on the northeast and the San Pedro fault offshore on the southwest. The Newport-Inglewood
structural zone extends from northwest to southeast along the inland margin of the plains (Yerkes,
et al, 1965).
Regional geologic maps indicate that the project site is underlain by Miocene age Altamira
member of the Monterey Formation. The Monterey formation consists of light gray shale and
mudstone with tuffaceous and dolomitic strata throughout (Dibblee, 1999). A map of the regional
geology of the site is presented on Figure 3.
5.2 Site Geology
Materials encountered during our subsurface exploration consisted of AC pavement sections
underlain by fill, slopewash, and formational materials of the Monterey Formation. AC was
encountered in borings B-1 and B-2 and ranged in thickness from approximately 5 to 7 inches. In
boring B-1, the AC was underlain by approximately 6 inches of aggregate base (AB). The AB
generally consisted of moist, dense, silty gravel with sand.
Fill was encountered below the pavement sections to depths ranging from approximately 5 to 7
feet below the ground surface. The fill material generally consisted of moist, medium dense to
dense, clayey sand with gravel and gravel- to cobble-sized pieces of siltstone.
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Slopewash was encountered below the fill in boring B-2 to a depth of approximately 10 feet below
the ground surface. The slopewash generally consisted of moist, medium dense, clayey sand with
gravel and gravel-sized pieces of claystone.
The Altamira shale member of the Monterey Formation was encountered beneath the fill in boring
B-1 and beneath the slopewash in boring B-2 to the total explored depth of approximately 21.5
feet. The Monterey Formation in this area generally consisted of moist, very soft to moderately
soft, weakly indurated, siltstone. More detailed descriptions of the subsurface materials
encountered during our exploration are presented on the boring logs in Appendix A.
6 GROUNDWATER
Groundwater was not encountered in our exploratory borings during drilling to the total explored
depth of approximately 21.5 feet. Based on the location and elevation of the property, we
anticipate that groundwater may exist at depths greater than 50 feet below the surface grades at
the site. Fluctuations in the level of groundwater will occur due to variations in ground surface
topography, subsurface stratification, rainfall, irrigation practices, groundwater pumping, and
other factors that were not evident at the time of our field evaluation.
7 FLOOD HAZARDS
Based on our review of flood insurance rate maps for the project area (Federal Emergency
Management Agency [FEMA], 2021), the project site is not located in the 100-year Flood Hazard
Zone, A99. Zone A99 includes areas to be protected from a 100-year flood by the Federal Flood
Protection System under construction at the time of publication of the FEMA map; no base flood
elevations are given. The site is located within Zone X, an area of minimal flood hazard.
8 FAULTING AND SEISMICITY
The project site is not located within a State of California Earthquake Fault Zone (formerly known
as an Alquist-Priolo Special Studies Zone) (California Geological Survey [CGS], 2018). However,
the project site is located in a seismically active area, as is the majority of southern California,
and the potential for strong ground motion in the project area is considered significant during the
design life of the project. The numerous faults in southern California include active, potentially
active, and inactive faults. As defined by the CGS, active faults are faults that have ruptured within
the Holocene time, or within approximately the last 11,000 years. Potentially active faults are
those that show evidence of movement during Quaternary time (approximately the last 1.6 million
years) but for which evidence of Holocene movement has not been established. Inactive faults
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have not ruptured in the last approximately 1.6 million years. The approximate locations of major
faults in the site vicinity and their geographic relationship to the site are shown on Figure 4. The
nearest active fault is the Palos Verdes fault located approximately 2.9 miles northeast of the site
(USGS, 2008).
The principal seismic hazards that may affect the project improvements include surface fault
rupture, ground motion, liquefaction, landsliding, and tsunamis and seiches. A brief description of
these hazards and the potential for their occurrences are discussed below.
8.1 Surface Fault Rupture
Based on our review of the referenced literature and our site reconnaissance, no active faults are
known to cross the project site. Therefore, the probability of damage from surface ground rupture
is considered to be low. However, lurching or cracking of the ground surface as a result of nearby
seismic events is possible.
8.2 Ground Motion
Considering the proximity of the site to active faults capable of producing a maximum moment
magnitude of 6.0 or more, the project area has a high potential for experiencing strong ground
motion. The 2022 California Building Code (CBC) specifies that the risk -targeted maximum
considered earthquake (MCER) ground motion response accelerations be used to evaluate
seismic loads for design of buildings and other structures. Based on our review of CGS’s shear
wave velocity map, the average shear wave velocity in the upper 100 feet (30 meters) of the
subsurface profile (VS30) is estimated to be approximately 1,265 feet per second (385 meters per
second) (CGS, 2015). In accordance with Chapter 20 of the American Society of Civil Engineers
(ASCE) Publication 7-16 (2016) for the Minimum Design Loads and Associated Criteria for
Building and Other Structures, the site classification is Site Class C.
In accordance with ASCE 7-16, the mapped MCER ground motion response accelerations were
determined using the 2023 Applied Technology Council seismic design tool (web-based). The
MCER ground motion response accelerations are based on the spectral response accelerations
for 5 percent damping in the direction of maximum horizontal response and incorporate a target
risk for structural collapse equivalent to 1 percent in 50 years with deterministic limits. Spectral
response acceleration parameters, consistent with the 2022 CBC, are provided in Section 10.2
for the evaluation of seismic loads on buildings and other structures.
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8.3 Liquefaction Potential
Liquefaction is the phenomenon in which loosely deposited granular soils and cohesionless fine -
grained soils located below the water table undergo rapid loss of shea r strength due to excess
pore pressure generation when subjected to strong earthquake -induced ground shaking.
Sufficient ground shaking duration results in the loss of grain-to-grain contact due to a rapid rise
in pore water pressure. This causes the soil to behave as a fluid for a short period of time.
Liquefaction is known generally to occur in saturated or near-saturated cohesionless soils at
depths shallower than 50 feet below ground surface. Factors known to influence liquefaction
potential include composition and thickness of soil layers, grain size, relative density, groundwater
level, degree of saturation, and both intensity and duration of ground shaking.
Based on our review of the State of California Earthquake Seismic Hazard Zones map (CGS,
1999) as presented on Figure 5, the project site is not located in an area mapped as being
potentially susceptible to liquefaction. Furthermore, based on the relatively shallow depth of
bedrock underlying the project area, it is our opinion that liquefaction and liquefaction-related
seismic hazards (e.g., dynamic settlement and/or lateral spreading) are not design considerations
for the project.
8.4 Landslides
The project site is not located in an area mapped by the State of California as an area susceptible
to earthquake-induced landslides on the Seismic Hazards Zones Map (CGS, 1999). Landsliding
is not considered to be a potential hazard at the site.
8.5 Tsunamis and Seiches
Tsunamis are long wavelength, seismic, sea waves (long compared to ocean depth) generated
by the sudden movements of the ocean floor during submarine earthquakes, landslides, or
volcanic activity. Seiches are waves generated in a large, enclosed body of water. The project
area is not mapped in an area considered susceptible to tsunamis or seiche inundation (State of
California, 2009). Therefore, damage due to tsunamis or seiches is not a design consideration.
9 CONCLUSIONS
Based on the results of our evaluation, it is our opinion that the proposed project is feasible from
a geotechnical standpoint, provided that the following recommendations are incorporated into the
design and construction of the proposed improvements. In general, the following conclusions
were made:
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• Based on our exploratory borings, the site is generally underlain by fill and slopewash over
formation materials. The fill and slopewash generally consisted of moist, medium dense to
dense, clayey sand with gravel and gravel- to cobble-sized pieces of siltstone and claystone.
The Monterey Formation was encountered at depths ranging from approximately 7 to 10 feet
below the ground surface, and generally consisted of moist, very soft to moderately soft,
weakly indurated, siltstone.
• Existing fill soils and loose to medium dense natural soils (i.e., slopewash) are not considered
suitable for foundation support and may be subject to settlement. Documentation regarding
the placement and compaction of the existing fill soils is unknown.
• Excavations should be feasible with earthmoving equipment or foundation drilling equipment
in good working order. On-site soils should be considered as Type C soils in accordance with
Occupational Safety and Health Administration (OSHA) soil classifications. Excavations in
the on-site sandy soil may be susceptible to caving.
• We anticipate that on-site soils will not be suitable for reuse as compacted fill due to the high
fines content of the soils. We anticipate that import structure backfill will be required beneath
spread footings of the new retaining wall, if that foundation option is chosen, and also as
retaining wall backfill.
• Groundwater was not encountered in our exploratory borings during drilling to the total
explored depth of approximately 21.5 feet. Groundwater is anticipated to be deeper than 50
feet below the site. Fluctuations in the groundwater level may occur as a result of variations
in seasonal precipitation, irrigation practices, groundwater pumping and other factors.
• The site is not located within a mapped Seismic Hazards Zone considered susceptible to
seismically induced soil liquefaction.
• The subject site is not located within a State of California Earthquake Fault Zone. The
potential for surface fault rupture as defined by the Alquist-Priolo Earthquake Fault Zoning
Act is considered to be relatively low.
• The site is not located in an area considered susceptible to landsliding, tsunamis, or seiches.
• Our limited laboratory corrosivity testing indicates that the on-site earth materials can be
classified as corrosive based on the California Department of Transportation (Caltrans, 2021)
corrosion guidelines.
10 RECOMMENDATIONS
The following sections include our geotechnical recommendations for earthwork and construction
in the area of the proposed new retaining wall. These recommendations are based on our
evaluation of the site geotechnical conditions and our understanding of the planned construction.
The proposed work should be performed in conformance with the recommendations presented in
this report, project specifications, and appropriate agency standards.
10.1 Earthwork
Earthwork at the site is anticipated to consist of cuts and fills associated with subgrade preparation
for the retaining wall foundation, backfilling of the retaining wall, pavement reconstruction, and
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finish grading for establishment of site drainage. If the proposed retaining wall is supported on
drilled piers, earthwork will consist of drilling for the proposed retaining wall foundation. Earthwork
should be performed in accordance with the requirements of applicable governing agencies and
the recommendations presented in the following sections.
10.1.1 Construction Plan Review and Pre-Construction Conference
We recommend that the grading and foundation plans be submitted to Ninyo & Moore for
review to evaluate conformance to the geotechnical recommendations provided in this report.
We further recommend that a pre-construction conference be held in order to discuss the
grading recommendations presented in this report. The owner and/or their representative,
the governing agencies’ representatives, the civil engineer, Ninyo & Moore, and the
contractor should be in attendance to discuss the work plan, project schedule, and earthwork
requirements.
10.1.2 Site Clearing and Preparation
Prior to excavation and fill placement, the site should be cleared of existing site
improvements, pavements, surface obstructions, existing wall foundations, abandoned
utilities and other deleterious materials. Existing utilities to remain in place (if any) should be
located and protected from damage by construction activities. Obstructions such as existing
foundations that extend below the finished grade should generally be removed and the
resulting holes filled with compacted soil. The materials generated from the clearing
operations should be removed from the site and disposed of at a legal dump site.
10.1.3 Excavation Characteristics
Based on the subsurface exploration data, we anticipate that excavations within the fill,
slopewash, and formational material at the site should be feasible with earthmoving
equipment or conventional foundation drilling equipment in good working order. We anticipate
that existing fill and slopewash encountered during construction will generally consist of
moist, medium dense to dense, clayey sand with gravel and gravel- to cobble-sized pieces
of siltstone and claystone. We anticipate that the formational material will generally consist
of moist, very soft to moderately soft, weakly indurated, siltstone. Additional excavating effort
should be anticipated for drilled piers and trench excavations that extend deeper into the
Monterey Formation. Oversize material greater than approximately 4 inches is not considered
suitable for use as backfill. In the event that oversize material, including cobbles and/or
construction debris is encountered during excavation operations, the oversized material
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should be disposed of off-site. Contractors should make their own independent evaluation of
the excavatability of the on-site materials prior to submitting their bids.
10.1.4 Temporary Excavations
Excavations that are deeper than approximately 4 feet should either be sloped at an
inclination no steeper than 1.5:1 (horizontal to vertical) or shored. Temporary excavations
should be evaluated in the field and constructed in accordance with applicable OSHA
guidelines. The on-site soils should be considered as OSHA Soil Type C. On-site safety of
personnel is the responsibility of the contractor.
Excavations should be planned in a manner so as not to impair the bearing capacity or cause
settlement or undermining of the existing structures or utilities to be protected in -place. As a
guideline, excavations adjacent to and parallel to existing foundations should not extend
below an imaginary 1:1 (horizontal to vertical) plane extending outward and downward from
the bottom outer edges of the foundations.
10.1.5 Treatment of Near-Surface Soils
Based on our subsurface evaluation, it is our opinion that suitable foundation bearing for the
new retaining wall supported on shallow spread footings may be provided by remedial
grading consisting of the overexcavation and recompaction of the near-surface soils. We
recommend that over-excavation and recompaction extend to a depth that will provide 2 feet
or more of compacted fill below the bottom of the proposed wall footings. The horizontal limits
of remedial over-excavation should extend approximately 2 feet beyond the footings,
removing existing undocumented fill, and exposing relatively dense native soils. The removal
and recompaction work should consist of 1) overexcavating to the depths discussed above,
2) scarifying, moisture-conditioning, and compacting the exposed subgrade soils to a depth
of 8 inches or more, and 3) replacing the excavated materials with compacted import fill. The
fill soils should be moisture-conditioned generally above the optimum moisture content and
should be compacted to a relative compaction of 90 percent as evaluated by ASTM
International (ASTM) test method D 1557. The remedial grading recommendations detailed
above would not be applicable if the new retaining wall is to be supported on drilled piers.
Structural pavement sections and exterior flatwork may be supported on compacted, low-
expansion potential soil. Subgrade for structural pavements should be prepared by
excavating the upper approximately 12 inches of exposed subgrade, moisture-conditioning
to slightly above the optimum moisture content and compacting to 95 percent relative
compaction as evaluated by ASTM D 1557. Subgrade for exterior flatwork areas should be
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prepared by scarifying the upper approximately 8 inches of exposed subgrade, moisture-
conditioning to slightly above the optimum moisture content and compacting to 90 percent
relative compaction as evaluated by ASTM D 1557.
10.1.6 Fill Material
In general, the existing on-site soils will not be suitable for reuse as engineered fill beneath
the footings or as retaining wall backfill due to the relatively high fines content. We anticipate
that import fill will be needed to support the spread footings of the retaining wall, if that option
is chosen instead of drilled piers, and also as backfill for the retaining wall. In case the
retaining wall is to be supported on drilled piers, import fill will be needed for the wall backfill
zone only. Imported materials should consist of clean, non-expansive, granular material,
which conforms to the “Greenbook” for structure backfill. “Non-expansive” can be defined as
soil having an expansion index (EI) of 20 or less in accordance with ASTM D 4829. Import
materials should be moisture-conditioned to bring the materials near the optimum moisture
content prior to placement and compaction. The imported materials should also meet the
Caltrans (2021) criteria for non-corrosive soils (i.e., soils having a minimum resistivity greater
than 1,500 ohm-centimeters (ohm-cm), a chloride concentration less than 500 parts per
million [ppm], a sulfate concentration of less than 0.15 percent (1,500 ppm), and a pH value
greater than 5.5). Import materials for use as fill should be evaluated by the geotechnical
consultant prior to importing. The contractor should be responsible for the uniformity of import
material brought to the site.
10.1.7 Fill Placement and Compaction
Prior to placement of compacted fill, the contractor should request an evaluation of the
exposed ground surface by Ninyo & Moore. Unless otherwise recommended, the exposed
ground surface should then be scarified to a depth of approximately 8 inches and watered or
dried, as needed, to achieve moisture contents generally at or slightly above the optimum
moisture content. The scarified materials should then be compacted to a relative compaction
of 90 percent as evaluated in accordance with the ASTM D 1557. The evaluation of
compaction by the geotechnical consultant should not be considered to preclude any
requirements for observation or approval by governing agencies. It is the contractor's
responsibility to notify this office and the appropriate governing agency when project areas
are ready for observation, and to provide reasonable time for that review.
Fill materials should be moisture-conditioned to generally at or slightly above the laboratory
optimum moisture content prior to placement. The optimum moisture content will vary with
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material type and other factors. Moisture-conditioning of fill soils should be generally
consistent within the soil mass.
Prior to placement of additional compacted fill material following a delay in the grading
operations, the exposed surface of previously compacted fill should be prepared to receive
fill. Preparation may include scarification, moisture-conditioning, and recompaction.
Compacted fill should be placed in horizontal lifts of approximately 8 inches in loose
thickness. Prior to compaction, each lift should be watered or dried as needed to achieve a
moisture content generally at or slightly above the laboratory optimum, mixed, and then
compacted by mechanical methods to a relative compaction of 90 percent as evaluated by
ASTM D 1557. Successive lifts should be treated in a similar manner until the desired finished
grades are achieved. The upper 12 inches of the subgrade materials beneath vehicular
pavements should be compacted to a relative compaction of 95 percent relative density as
evaluated by ASTM D 1557. Additionally, AB materials underneath vehicular pavements
should be compacted to a relative compaction of 95 percent relative density as evaluated by
the current version of ASTM D 1557.
10.2 Seismic Design Considerations
Design of the proposed improvements should be performed in accordance with the requirements
of governing jurisdictions and applicable building codes. Table 1 presents the seismic design
parameters for the site in accordance with the 2022 CBC guidelines.
Table 1 – 2022 California Building Code Seismic Design Criteria
Spectral Response Acceleration Parameters Values
Site Classification C
Mapped MCER Spectral Response Acceleration at Short Periods, Ss 1.515g
Mapped MCER Spectral Response Acceleration at 1.0-Second Period, S1 0.550g
MCER Spectral Response Acceleration at Short Periods Adjusted for Site Class, SMS 1.819g
MCER Spectral Response Acceleration at 1.0-Second Period Adjusted for Site Class, SM1 0.797g
Design Spectral Response Acceleration at Short Periods, SDS 1.212g
Design Spectral Response Acceleration at 1.0-Second Period, SD1 0.531g
Maximum Considered Earthquake Geometric Mean (MCEG) Peak Ground Acceleration,
PGAM 0.798g
10.3 Foundations
The proposed new retaining wall may be supported on continuous footings bearing on compacted
fill prepared in accordance with the recommendations presented in the Earthwork section of this
report. Alternately, the retaining wall may be supported on drilled piers. Foundations should be
designed in accordance with structural considerations and the following recommendations. In
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addition, requirements of the appropriate governing jurisdictions and applicable building codes
should be considered in the design of the structures.
10.3.1 Spread Footings
Continuous footings should have a width of 24 inches, and be founded at a depth of 24 inches
or more below the lowest adjacent finished grade. Continuous footings should be reinforced
with four No. 4 steel reinforcing bars, two placed near the top and two placed near the bottom
of the footings, and further detailed in accordance with the recommendations of the structural
engineer.
Footings, as described above, may be designed using a net allowable bearing capacity of
3,000 pounds per square foot (psf). The net allowable bearing capacity may be increased by
250 and 500 psf for every additional foot of width and depth, respectively, up to a value of
4,000 psf. These bearing capacity values assume that the footing has a minimum lateral
offset of H/3 from the nearest descending slope face, where H is the height of the slope
measured from the footing bottom elevation. Based on an estimated slope height ranging
from 25 to 35 feet, the required lateral offset, measured horizontally from the e dge of the
footing to the face of the descending slope, is approximately 8.5 to 12 feet. For a n average
slope ratio of 1.6:1 (horizontal to vertical), this yields a minimum embedment depth of
approximately 5.5 to 7.5 feet for the retaining wall footing.
When the minimum lateral setback discussed above cannot be achieved, the footing shall be
designed for a reduced bearing capacity. Under such condition, a 24-inch-wide continuous
footing with an embedment depth of 2 feet may be designed using a net allowable bearing
capacity of 1,400 psf. The net allowable bearing capacity of 1,400 psf may be increased by
200 and 400 psf for every additional foot of width and depth, respectively, up to a value of
2,000 psf.
The allowable bearing capacities above may be increased by one-third when considering
loads of short duration, such as wind or seismic forces. Total and differential settlements for
footings designed and constructed in accordance with the above recommendations are
estimated to be less than approximately 1 and ½ inch over a horizontal span of 40 feet,
respectively.
Footings bearing on compacted fill may be designed using a coefficient of friction of 0.35,
where the total frictional resistance equals the coefficient of friction times the dead load.
Footings may be designed using a passive resistance of 350 psf per foot of depth up to a
value of 3,500 psf. The allowable lateral resistance can be taken as the sum of the frictional
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resistance and passive resistance, provided the passive resistance does not exceed one-half
of the total allowable resistance. The passive resistance may be increased by one-third when
considering loads of short duration such as wind or seismic forces. The passive resistance
value assumes that the ground is horizontal for a distance of 10 feet, or three times the height
generating the passive resistance, whichever is more. We recommend that the upper 1 foot
of soil not protected by pavement or a concrete slab be neglected when calculating passive
resistance.
Trenches should not be excavated adjacent to footings. If trenches are to be excavated near
a footing, the bottom of the trench should be located above a 1:1 (horizontal to vertical) plane
projected downward from the bottom outer edges of the footing. Utility lines that cross
beneath footings should be encased in concrete below the footing.
10.3.2 CIDH Piles (Drilled Piers)
As an alternate to shallow spread footings, the retaining wall may be supported on CIDH
piles. The axial capacity of 18-inch-diameter CIDH piles was analyzed using the computer
program SHAFT version 8.12 (Ensoft, 2017). Soil strength parameters were estimated from
our boring logs and laboratory testing for the site. The axial capacity was based on side
friction resistance and end bearing. The results of our axial pile capacity evaluation are
summarized below in Table 2. A factor of safety of 2.0 was used for both side friction and end
bearing. If the measures outlined in this report are implemented effectively, the total
settlement of the CIDH piles will be limited to ¼-inch or less, provided that the drilled piers
bearing materials are not significantly disturbed during construction. This estimate is based
on the soil conditions observed in the exploratory borings, anticipated conditions, and our
experience with similar geologic materials. The axial capacity does not include the weight of
the pile. The axial pile capacity may be increased by one-third when considering loads of
short duration such as wind or seismic forces. To avoid the group action of the pile foundation,
we recommend that piles be spaced no closer than three times the pile diameter.
Table 2 – Axial Load Capacity of Single CIDH Pile
Pile Type
Allowable Axial Capacity
(kips) Recommended Length
(feet) Compression Tension
18-inch-diameter CIDH 21 4.5 15
The lateral pile capacities were evaluated for free-head conditions at lateral head deflections
of ¼ and ½ inch using the computer program LPILE Version 12.05 (Ensoft, 2022). Results of
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our lateral pile capacity evaluation for 18-inch-diameter CIDH piles are summarized in Table
3.
Table 3 – Lateral Load Capacity of Single CIDH Pile
Pile Design Parameters 18-inch CIDH Pile
Free Head
Lateral Deflection of Pile Head (inch) ¼ ½
Design Pile Length (feet) 15 15
Allowable Axial Capacity (kips) 21 21
Maximum Shear Force (kips) 8.5 11.6
Maximum Moment (kips-inch) 339.0 484.5
Maximum Negative Moment (kips-inch) N/A N/A
Depth to Maximum Moment (feet) 5.4 5.6
Depth to Maximum Negative Moment (feet) N/A N/A
Depth to First Zero Deflection (feet) 10.0 10.0
10.3.2.1 Drilled Pier Construction Considerations
The CIDH pile construction should be observed by the project geotechnical consultant
during excavation to evaluate if the piles have been extended to the recommended
depths. The excavations should be cleaned of loose soil and gravel. The CIDH pile
drilling contractor should mobilize equipment of sufficient size and operating capability
to achieve the recommended embedment length. The excavation technique chosen by
the contractor should not adversely affect the quality or strength of the pier side or end
bearing materials. If refusal is encountered in these materials during actual installation,
the geotechnical engineer should be retained to evaluate the subsurface condition to
establish that true refusal has been met with adequate drilling equipment. It is the
Contractor's responsibility to take the appropriate measures to provide for the integrity
of the excavation and to see that the excavations are cleaned and straight and that
sloughed loose soil is removed from the bottom of the excavation prior to the placement
of concrete. Drilled CIDH piles should be checked for alignment and plumbness during
installation. The amount of acceptable misalignment of a pile is approximately 3 inches
from the plan location. It is usually acceptable for a pile to be out of plumb by one percent
of the depth of the pile. The minimum center-to-center spacing of pile should be no less
than three times the nominal diameter of the pile.
Groundwater is not expected to be encountered during drilling; however, seepage and
perched water conditions may be encountered. The contractor should be prepared to
advance the drilled piers under such conditions. We recommend that the contractor be
prepared to take appropriate measures during construction to reduce the potential for
caving of the drilled holes, including the use of casing and/or drilling mud. Casing may
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be needed in the pier holes to reduce water infiltration. While pouring concrete, the
casing should be withdrawn gradually.
The concrete should be placed by tremie method so that the aggregate and cement do
not segregate during concrete placement. Concrete utilized in the drilled piers should be
a fluid mix with sufficient slump so that it will fill the void between the rebar cage and the
drill hole wall. The contractor should take care to reduce enlargement of the excavation
at the tops of drilled piers, which could result in mushrooming of the drilled pier top.
Drilled pier holes should be cleaned prior to placement of concrete. Care should be taken
to check that the soils at the drilled pier bottom have not been disturbed. The successful
advancement of drill holes for the construction of drilled shafts will depend largely on the
suitability of the drilling equipment and the skill of the operator. The drilled foundation
contractor should try to reduce the time during which the excavation remains open. The
contractor should schedule the sequence of operations so that each excavation can be
finished, the rebar cage placed, and the concrete poured within the same work day.
Drilled pier excavations should not be left open overnight. In case of delay in placing
concrete within the drill hole due to equipment breakdown or other unforeseen
circumstances, casing may be used to protect the integrity of the hole. While pouring
concrete, the casing should be withdrawn gradually.
The contractor should not place drilled piers adjacent to each other until the first one is
set. The installation of drilled piers should be scheduled to allow the concrete in adjacent
piers to set before drilling the next pier. Drilled piers spaced closer than about three pier
diameters (clear spacing) should be placed on alternate days.
Consideration should be given to performing load testing on CIDH piles to evaluate the
axial and lateral capacities, as appropriate. The most common pile load tests typically
involve compression load testing, tensile load testing, lateral load testing, and high strain
dynamic testing (Pile Driving Analyzer®) in accordance with ASTM test methods D 1143,
D 3689, D 3966, and D 4945, respectively.
The drilled pier installation should be observed by the Geotechnical Engineer or a
qualified representative to check that, among other things: 1) subsurface conditions are
as anticipated from the boring, 2) the drilled piers are constructed to the specified size
and penetration, 3) drilled piers are within allowable tolerances for plumbness, and 4)
reinforcements are placed per project specifications. These items are fundamental to the
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installation and behavior of the drilled piers. Furthermore, we recommend the following
for the installation of drilled piers:
• The clear spacing between the rebar cage and the drill hole surface should be three
times the maximum size of the coarse aggregate used in the concrete.
• Centralizers should be installed to keep the rebar cage positioned per project
specifications.
• If casing is used, a sufficient head of concrete that fills the casing should be placed
before pulling the casing.
10.4 Lateral Earth Pressures for Retaining Wall
Lateral earth pressures recommended for design of a yielding retaining wall are provided on
Figure 6. Passive pressures may be increased by one-third when considering loads of short
duration, including wind and seismic loads. The retaining wall should be backfilled with free-
draining, granular soil with a low-expansion potential. Measures should be taken to reduce the
potential for build-up of hydrostatic pressure behind the retaining wall. Drainage design should
include free-draining backfill materials and perforated drains as shown on Figure 7. Solid outlet
pipes should be connected to the perforated drains and then routed to a suitable area for
discharge.
10.5 Pavement Reconstruction
We anticipate that excavations at the site will result in the replacement of pavement for the existing
driveway. In general, pavement repair should conform to the material and compaction
requirements of the adjacent pavement sections. Aggregate base material should conform to the
latest specifications in Section 200-2.2 for crushed AB or Section 200-2.4 for crushed
miscellaneous base of the Greenbook and should be compacted to a relative compaction of 95
percent in accordance with ASTM D 1557. AC should conform to Section 2036 of the Greenbook
and should be compacted to a relative compaction of 95 percent in accordance with ASTM D
1560 or California Test Method (CT) 304. Actual pavement reconstruction should conform to the
requirements of the appropriate governing agency.
10.6 Hardscape
We recommend that new exterior concrete sidewalks and flatwork (hardscape) have a minimum
thickness of 4 inches and be reinforced appropriately per the recommendation of the structural
engineer. The hardscape should be underlain by 4 inches of granular material such as crushed
aggregate base or crushed miscellaneous base and installed with crack-control joints at an
appropriate spacing as designed by the structural engineer to reduce the potential for shrinkage
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cracking. The subgrade soils should be scarified to a depth of 8 inches, moisture-conditioned to
generally above the laboratory optimum moisture content, and compacted to a relative
compaction of 90 percent as evaluated by ASTM D 1557. Positive drainage should be established
and maintained adjacent to flatwork. To reduce the potential for differential offset, joints between
the new hardscape and adjacent curbs, existing hardscape, wall, and/or other structures, and
between sections of new hardscape, should be doweled.
10.7 Corrosivity
Laboratory testing was performed on a representative sample of near-surface soil to evaluate soil
pH, electrical resistivity, water-soluble chloride content, and water-soluble sulfate content. The
soil pH and electrical resistivity tests were performed in general accordance with CT 643. The
chloride content test was performed in general accordance with CT 422. Sulfate testing was
performed in general accordance with CT 417. The laboratory test results are presented in
Appendix B.
The soil pH was measured at approximately 8.0 and the electrical resistivity was measured to be
approximately 894 ohm-cm. The chloride content of the sample was measured to be
approximately 135 ppm. The sulfate content of the tested sample was approximately 0.006
percent (i.e., 60 ppm). Based on the laboratory test results and Caltrans (2021) corrosion criteria,
the project site would be classified as a corrosive site. A corrosive site is defined as having earth
materials greater than or equal to 500 ppm chlorides, greater than or equal to 0.15 percent
sulfates (i.e., 1,500 ppm), a pH of 5.5 or less, or an electrical resistivity of 1,500 ohm-cm or less.
We recommend that a corrosion engineer be consulted for further evaluation and
recommendations during the project’s detailed design phase.
10.8 Concrete Placement
Concrete in contact with soil or water that contains high concentrations of water-soluble sulfates
can be subject to premature chemical and/or physical deterioration. Based on the American
Concrete Institute criteria (2019), the potential for sulfate attack is negligible for water-soluble
sulfate contents in soil ranging from 0.00 to 0.10 percent by weight and moderate for water-soluble
sulfate contents ranging from 0.10 to 0.20 percent by weight. The potential for sulfate attack is
severe for water-soluble sulfate contents ranging from 0.20 to 2.00 percent by weight and very
severe for water-soluble sulfate contents over 2.00 percent by weight. The soil sample tested for
this evaluation, using Caltrans Test Method 417, indicate a water-soluble sulfate content of
approximately 0.006 percent by weight. Accordingly, the on-site soils are considered to have a
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negligible potential for sulfate attack. However, due to the potential variability of the on-site soils,
consideration should be given to using Type II/V cement for the project.
In order to reduce the potential for shrinkage cracks in the concrete during curing, we recommend
that the concrete for the proposed structure be placed with a slump of 4 inches based on
ASTM C 143. The slump should be checked periodically at the site prior to concrete placement.
We further recommend that concrete cover over reinforcing steel for foundations be provided in
accordance with CBC (2022). The structural engineer should be consulted for additional concrete
specifications.
10.9 Drainage
Good surface drainage is imperative for satisfactory site performance. Positive drainage should
be provided and maintained to transport surface water away from foundations and other site
improvements. Positive drainage is defined as a slope of 2 percent or more for a distance of 5 feet
or more away from foundations. Runoff should then be transported by the use of swales or pipes
into a collective drainage system and discharged to suitable facilities. Surface waters should not
be allowed to pond adjacent to footings or on pavements. Concentrated runoff should not be
allowed to flow over asphalt pavement as this can result in early deterioration of the pavement.
Area drains for landscaped and paved areas are recommended.
Care should be taken by the contractor during final grading to pres erve any berms, drainage
terraces, interceptor swales or other drainage devices of a permanent nature on or adjacent to
the property. Drainage patterns established at the time of final grading should be maintained for
the life of the project. The property owner and the maintenance personnel should be made aware
that altering drainage patterns might be detrimental to foundation performance.
11 CONSTRUCTION OBSERVATION
The recommendations provided in this report are based on our understanding of the proposed
project and our evaluation of the data collected based on subsurface conditions disclosed by
widely spaced exploratory borings. It is imperative that the interpolated subsurface conditions be
checked by our representative during construction. Observation and testing of compacted fill and
backfill should also be performed by our representative during construction. We further
recommend that the project plans and specifications be reviewed by this office prior to
construction. It should be noted that, upon review of these documents, some recommendations
presented in this report might be revised or modified.
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During construction, we recommend that the duties of the geotechnical consultant include, but
not be limited to:
• Observing site clearing, grubbing, and removals.
• Observing excavation bottoms and the placement and compaction of fill.
• Evaluating imported materials prior to their use as fill.
• Performing field tests to evaluate fill compaction.
• Observing foundation excavations for bearing materials and cleaning prior to placement of
reinforcing steel or concrete.
• Observing drill hole excavations and cleaning prior to placement of rebars and concrete in the
drill hole.
• Performing material testing services including concrete compressive strength and inspections.
The recommendations provided in this report are based on the assumption that Ninyo & Moore
will provide geotechnical observation and testing services during construction. In the event that
the services of Ninyo & Moore are not utilized during construction, we re quest that the selected
consultant provide the owner with a letter (with a copy to Ninyo & Moore) indicating that they fully
understand Ninyo & Moore’s recommendations, and that they are in full agreement with the
design parameters and recommendations contained in this report.
12 LIMITATIONS
The field evaluation, laboratory testing, and geotechnical analyses presented in this geotechnical
report have been conducted in general accordance with current practice and the standard of care
exercised by geotechnical consultants performing similar tasks in the project area. No warranty,
expressed or implied, is made regarding the conclusions, recommendations, and opinions
presented in this report. There is no evaluation detailed enough to reveal every subsurface
condition. Variations may exist and conditions not observed or described in this report may be
encountered during construction. Uncertainties relative to subsurface conditions can be reduced
through additional subsurface exploration. Additional subsurface evaluation will be performed
upon request. Please also note that our evaluation was limited to assessment of the geotechnical
aspects of the project, and did not include evaluation of structural issues, environmental concerns,
or the presence of hazardous materials.
This document is intended to be used only in its entirety. No portion of the document, by itself, is
designed to completely represent any aspect of the project described herein. Ninyo & Moore
should be contacted if the reader requires additional information or has questions regarding the
content, interpretations presented, or completeness of this document.
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This report is intended for design purposes only. It does not provide sufficient data to prepare an
accurate bid by contractors. It is suggested that the bidders and their geotechnical consultant
perform an independent evaluation of the subsurface conditions in the project areas. The
independent evaluations may include, but not be limited to, review of other geotechnical reports
prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratory
testing.
Our conclusions, recommendations, and opinions are based on an analysis of the observed site
conditions. If geotechnical conditions different from those described in this report are
encountered, our office should be notified, and additional recommendations, if warranted, will be
provided upon request. It should be understood that the conditions of a site could change with
time as a result of natural processes or the activities of man at the subject site or nearby sites. In
addition, changes to the applicable laws, regulations, codes, and standards of practice may occur
due to government action or the broadening of knowledge. The findings of this report may,
therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has
no control.
This report is intended exclusively for use by the client. Any use or reuse of the findings,
conclusions, and/or recommendations of this report by parties other than the client is undertaken
at said parties’ sole risk.
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13 REFERENCES
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Practices.
American Concrete Institute (ACI), 2019, Building Code Requirements for Structural Concrete
(ACI 318-19) and Commentary (ACI 318R-19).
American Society of Civil Engineers (ASCE), 2016, Minimum Design Loads and Associated
Criteria for Building and Other Structures, ASCE Standard 7-16.
The Applied Technology Council (ATC), 2023, Hazards by Location, https://hazards.atcouncil.org.
ASTM International (ASTM), 2022, Annual Book of ASTM Standards, West Conshohocken,
Pennsylvania.
California Building Standards Commission, 2022, California Building Code: California Code of
Regulations, Title 24, Part 2, Volumes 1 and 2, based on the 2021 International Building
Code.
California Department of Conservation, Division of Mines and Geology (CDMG), State of
California, 1998, Seismic Hazard Zone Report for the San Pedro 7.5 Minute Quadrangle,
Los Angeles County, California: Seismic Hazard Zone Report 033.
California Department of Transportation (Caltrans), 2021, Corrosion Guidelines, Version 3.2,
Division of Engineering Services, Materials Engineering and Testing Services, Corrosion
Technology Branch, dated May.
California Geological Survey (CGS), 2018, Earthquake Fault Zones, A Guide for Government
Agencies, Property Owners/Developers, and Geoscience Practitioners for Assessing
Fault Rupture Hazards in California: Special Publication 42.
California Geological Survey (CGS), 2015, CGS Map Sheet 48: Shear-wave Velocity in Upper
30m of Surficial Geology (Vs30); https://maps.conservation.ca.gov/cgs/DataViewer/,
dated May 24.
California Geological Survey, 2008, Guidelines for Evaluating and Mitigating Seismic Hazards in
California, Special Publication 117A, dated September 11.
California Geological Survey, 1999, Seismic Hazard Zone Official Map, San Pedro Quadrangle,
7.5-Minute Series: Scale 1:24,000, Open-File Report dated March 25.
Dibblee, T.W. 1999, Geologic Map of The Palos Verdes Peninsula and Vicinity, Redondo Beach,
Torrance, and San Pedro Quadrangles, Los Angeles County, California; Dibblee
Geological Foundation Map No. DF-70, 1:24,000.
Ensoft, 2022, LPILE (ver. 12.05) Computer Program: A Program for the Analysis of Piles and
Drilled Shafts Under Lateral Load.
Ensoft Inc., 2017, SHAFT (ver 8.12) Computer Program: A Program for the Study of Drilled Shafts
Under Axial Loads.
Federal Emergency Management Agency, 2021, Flood Insurance Rate Map, City of Rancho Palos
Ve rdes, California and Incorporated Areas, Map Number 06037C2027G, dated April 21.
GoogleEarth, 2023, Website for Viewing Aerial Photographs, http://maps.google.com/.
Historic Aerials, 2023, Website for Aerial Photographs, www.historicaerials.com
Logan, T. and Logan, P., n.d., 3001 Crest Rd – City Owned Driveway Retaining Wall Repair
Request Letter to the City of Rancho Palos Verdes.
Los Angeles County Road Department, 1967, Plans for Crest Road, P.V.D.E. to 400’ North of
Ganado Dr., Job No, 41374, dated December 9.
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Ninyo & Moore, 2022, Proposal for Geotechnical Evaluation, Retaining Wall at 3001 Crest Road,
Rancho Palos Verdes, California, dated July 18.
Norris, R. M. and Webb, R. W., 1990, Geology of California, Second Edition: John Wiley & Sons,
Inc.
Public Works Standard, Inc., 2021, The “Greenbook”: Standard Specifications for Public Works
Construction: BNI Building News, Vista, California.
Randell, D.H., Reardon, J.B., Hileman, J.A., Matuschka, T., Liang, G.C., Khan, A.I., Laviolette, J.,
1983, Geology of the City of Long Beach, California, Association of Engineering
Geologists.
State of California, State Water Resources Control Board, 2022, GeoTracker Database System,
http://geotracker.swrcb.ca.gov/.
State of California, California Emergency Management Agency, 2009, Tsunami Inundation Map
for Emergency Planning, County of Los Angeles, Torrance and San Pedro Quadrangle,
Scale 1:24,000, dated March 1.
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https://www.usgs.gov/natural-hazards/earthquakehazards/hazards.
United States Geological Survey, 2021, USGS US Topo 7.5-Minute Map for San Pedro, CA:
USGS - National Geospatial Technical Operations Center (NGTOC).
United States Geological Survey, 2008, National Seismic Hazard Maps – Fault Parameters;
https://earthquake.usgs.gov/cfusion/hazfaults_2008_search/query_main.cfm.
Willdan, 2021, Structural Field Inspection Draft – 3001 Crest Rd, Rancho Palos Verdes, CA
90275, dated November 1.
Yerkes, R.F., McCulloh, T.H., Schoellhamaer, J.E., and Vedder, J.G., 1965, Geology of the Los
Angeles Basin California-an Introduction, Geological Survey Professional Paper 420-A.
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Appendix A
Photographic Documentati on
FIGURES
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SITE
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FIGURE 1
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: USGS, 2021.0
FEET
2,000 4,000
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 I 1/23
N
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B-2
TD=16.0
B-1
TD=21.5
CRE
ST
R
O
A
D
Geotechnical & Environmental Sciences Consultants2_212126001_BL.dwg 01/27/2023 GK, JDPBORING LOCATIONS
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: GOOGLE EARTH, 2022. 0
FEET
60 120
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 I 1/23
N
FIGURE 2
LEGEND
BORING;
TD=TOTAL DEPTH IN FEETB-2
TD=16.0
B-179
SITE
3_212126001_RG.dwg 01/18/2023 GK, JDPREGIONAL GEOLOGY
0
Geotechnical & Environmental Sciences Consultants
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 I 1/23
LEGEND
GEOLOGIC CONTACT;
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: DIBBLEE, 1999.
FIGURE 3
FEET
2,000 4,000
Tmat
N
MONTEREY FORMATION
DASHED WHERE INFERRED
FAULT;
DOTTED WHERE CONCEALED
STRIKE AND DIPOLDER ALLUVIUMQoa
B-180
O
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10
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110
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Irvine
Ontario
AnaheimTorrance
Glendale
LongBeach
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SanClemente
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COMPTONTHRUSTFAULT
212126001_FL.mxd 12/8/2022 NOTE: DIRECTIONS, DIMENSIONS AND LOCATIONS ARE APPROXIMATE.
FAULT LOCATIONS
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 | 1/23
0 8 16
MILES
FIGURE 4
SOURCES: CALIFORNIA GEOLOGICAL SURVEY, ACCESSED DECEMBER 08, 2022, AT:
https://www.usgs.gov/natural-hazards/earthquake-hazards/faults; ESRI, 2021.
QUATERNARY FAULTS
BASED ON TIME OF MOST RECENT SURFACE DEFORMATION
LEGEND
MODERATELY CONSTRAINED
INFERRED
UNDIFFERENTIATED QUATERNARY(<1.6 MILLION YEARS)
WELL CONSTRAINED
WELL CONSTRAINED
MODERATELY CONSTRAINED
INFERRED
HISTORICAL (<150 YEARS)
LATEST QUATERNARY (<15,000 YEARS)
WELL CONSTRAINED
MODERATELY CONSTRAINED
INFERRED
LATE QUATERNARY (<130,000 YEARS)
MODERATELY CONSTRAINED
INFERRED
WELL CONSTRAINED
SITE
B-181
SITE
SEISMIC HAZARD ZONES
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: CGS, 1999.0
FEET
2,000 4,000
Geotechnical & Environmental Sciences Consultants
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 I 1/23
LIQUEFACTION
EARTHQUAKE-INDUCED LANDSLIDES
LEGEND
Areas where historic occurrence of liquefaction, or local geological, geotechnical and
groundwater conditions indicate a potential for permanent ground displacements such that
mitigation as defined in Public Resources Code Section 2693(c) would be required.
Areas where previous occurrence of landslide movement, or local topographic, geological,
geotechnical and subsurface water conditions indicate a potential for permanent ground
displacements such that mitigation as defined in Public Resources Code Section 2693(c)
would be required.
FIGURE 5
N
5_212126001_SHZ.dwg 01/18/2023 JDPB-182
6_212126001_LEP-YRW1.dwg 01/18/2023 GK, JDPGeotechnical & Environmental Sciences Consultants
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 I 1/23
LATERAL EARTH PRESSURES FOR
YIELDING RETAINING WALLS
aPpP
D
FINISHED GRADE
BACKFILL
H/3
D/3
1.
2.
3.
6.
RECOMMENDED GEOTECHNICAL DESIGN PARAMETERS
Equivalent Fluid Pressure (lb/ft /ft)2 (1)
(2)
aP
pP
350D 80D
37H
Level Ground 1.6H:1V Descending Ground
7.
SETBACK
1.6
1
5.
NOTES:
NOT TO SCALE
4.E
H
EP
H/3
+
EP 20H
RESULTANT
RESULTANT
RETAINING
WALL
PASSIVE
PRESSURE
DYNAMIC
PRESSURE
ACTIVE
PRESSURE
RESULTANT
ASSUMES NO HYDROSTATIC PRESSURE BUILD-UP
BEHIND THE RETAINING WALL
STRUCTURAL, GRANULAR BACKFILL MATERIALS
AS SPECIFIED IN GREENBOOK SHOULD BE USED
FOR RETAINING WALL BACKFILL
DRAINS AS RECOMMENDED IN THE RETAINING
WALL DRAINAGE DETAIL SHOULD BE INSTALLED
BEHIND THE RETAINING WALL
P IS CALCULATED IN ACCORDANCE WITH THE
RECOMMENDATIONS OF MONONOBE AND MATSUO
(1929), AND ATIK AND SITAR (2010)
SURCHARGE PRESSURES CAUSED BY VEHICLES
OR NEARBY STRUCTURES ARE NOT INCLUDED
H AND D ARE IN FEET
SETBACK SHOULD BE IN ACCORDANCE WITH
THE CURRENT VERSION OF THE APPLICABLE
BUILDING CODE
Level Backfill with
Granular Soils
Lateral
Earth
Pressure
FIGURE 6
B-183
7_212126001_RWDD2.dwg 01/18/2023 GK, JDPGeotechnical & Environmental Sciences Consultants
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 I 1/23
RETAINING WALL DRAINAGE DETAIL
3 INCHES
WALL FOOTING
FINISHED GRADE
RETAINING WALL
12 INCHES
6 INCHES OR MORE
12 INCHES
VARIESGEOFABRIC
*BASED ON ASTM D1557
NOT TO SCALE
SOIL BACKFILL COMPACTED TO 90%
RELATIVE COMPACTION *
4-INCH-DIAMETER PERFORATED SCHEDULE
40 PVC PIPE OR EQUIVALENT INSTALLED
WITH PERFORATIONS DOWN; 1% GRADIENT
OR MORE TO A SUITABLE OUTLET
3/4-INCH OPEN-GRADED GRAVEL WRAPPED
IN AN APPROVED GEOFABRIC.
FIGURE 7
B-184
Ninyo & Moore | 3001 Crest Road, Rancho Palos Verdes, California | 212126001 | January 30, 2023
APPENDIX A
Boring Logs
B-185
Ninyo & Moore | 3001 Crest Road, Rancho Palos Verdes, California | 212126001 | January 30, 2023
APPENDIX A
BORING LOGS
Field Procedure for the Collection of Disturbed Samples
Disturbed soil samples were obtained in the field using the following method.
Bulk Samples
Bulk samples of representative earth materials were obtained from the exploratory borings.
The samples were bagged and transported to the laboratory for testing.
The Standard Penetration Test (SPT) Sampler
Disturbed drive samples of earth materials were obtained by means of a Standard
Penetration Test sampler. The sampler is composed of a split barrel with an external diameter
of 2 inches and an unlined internal diameter of 1-3/8 inches. The sampler was driven into the
ground 18 inches with a 140-pound hammer falling freely from a height of 30 inches in general
accordance with ASTM D 1586. The blow counts were recorded for every 6 inches of
penetration; the blow counts reported on the logs are those for the last 1 2 inches of
penetration. Soil samples were observed and removed from the sampler, bagged, sealed and
transported to the laboratory for testing.
Field Procedure for the Collection of Relatively Undisturbed Samples
Relatively undisturbed soil samples were obtained in the field using the following method.
The Modified Split-Barrel Drive Sampler
The sampler, with an external diameter of 3 inches, was lined with 1-inch-long, thin brass
rings with inside diameters of approximately 2.4 inches. The sample barrel was driven into
the ground with the weight of a hammer of the drill rig in general accordance with ASTM
D 3550. The driving weight was permitted to fall freely. The approximate length of the fall, the
weight of the hammer, and the number of blows per foot of driving are presented on the boring
logs as an index to the relative resistance of the materials sampled. The samples were
removed from the sample barrel in the brass rings, sealed, and transported to the laboratory
for testing.
B-186
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B-188
0
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ASPHALT CONCRETE:Approximately 5 inches thick.
AGGREGATE BASE:Light gray, moist, dense, silty GRAVEL with sand; approximately 6 inches thick.
FILL:Light yellow, moist, dense, clayey SAND with gravel; little cobbles; gravel and cobble-sized
pieces of siltstone.
MONTEREY FORMATION:Light yellow and brown, moist, soft to very soft, weakly indurated, SILTSTONE.
Moderately soft.
Total Depth = 21.5 feet.
Groundwater not encountered during drilling.
Backfilled with cement-bentonite grout and capped with concrete on 11/17/22.
Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due
to seasonal variations in precipitation and several other factors as discussed in the report.
The ground elevation shown above is an estimation only. It is based on our interpretations
of published maps and other documents reviewed for the purposes of this evaluation. It is
not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 1
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 |1/23DEPTH (feet)BulkSAMPLESDrivenBLOWS/FOOTMOISTURE (%)DRY DENSITY (PCF)SYMBOLCLASSIFICATIONU.S.C.S.DESCRIPTION/INTERPRETATION
DATE DRILLED 11/17/22 BORING NO.B-1
GROUND ELEVATION 1,004' ± (MSL)SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs. (Auto. Trip Hammer)DROP 30"
SAMPLED BY VAM LOGGED BY VAM REVIEWED BY RDH
1
B-189
0
10
20
30
40
27
20
15
45
5
21.4
21.2
75.0
71.8
SC
SC
ASPHALT CONCRETE:Approximately 7 inches thick.
FILL:Light yellow and brown, moist, medium dense, clayey SAND with gravel; gravel-sized
pieces of siltstone.
SLOPEWASH:Light yellow and brown, moist, medium dense, clayey SAND with gravel; gravel-sized
pieces of claystone.
MONTEREY FORMATION:Light yellow and brown, moist, moderately soft, weakly indurated, SILTSTONE; inclusions
of hard, well-cemented dolomite.
Drilling refusal following SPT.
Total Depth = 16.0 feet.
Groundwater not encountered during drilling.
Backfilled with cement-bentonite grout and capped with concrete on 11/17/22.
Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due
to seasonal variations in precipitation and several other factors as discussed in the report.
The ground elevation shown above is an estimation only. It is based on our interpretations
of published maps and other documents reviewed for the purposes of this evaluation. It is
not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 2
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 |1/23DEPTH (feet)BulkSAMPLESDrivenBLOWS/FOOTMOISTURE (%)DRY DENSITY (PCF)SYMBOLCLASSIFICATIONU.S.C.S.DESCRIPTION/INTERPRETATION
DATE DRILLED 11/17/22 BORING NO.B-2
GROUND ELEVATION 1,000' ± (MSL)SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs. (Auto. Trip Hammer)DROP 30"
SAMPLED BY VAM LOGGED BY VAM REVIEWED BY RDH
1
B-190
Ninyo & Moore | 3001 Crest Road, Rancho Palos Verdes, California | 212126001 | January 30, 2023
APPENDIX B
Laboratory Testing
B-191
Ninyo & Moore | 3001 Crest Road, Rancho Palos Verdes, California | 212126001 | January 30, 2023
APPENDIX B
LABORATORY TESTING
Classification
Soils were visually and texturally classified in accordance with the Unified Soil Classification
System (USCS) in general accordance with ASTM D 2488. Soil classifications are indicated on
the logs of the exploratory borings in Appendix A.
In-Place Moisture and Density Tests
The moisture content and dry density of relatively undisturbed samples obtained from the
exploratory borings were evaluated in general accordance with ASTM D 2937. The test results
are presented on the logs of the exploratory borings in Appendix A.
200 Wash
An evaluation of the percentage of particles finer than the No. 200 sieve in selected soil samples
was performed in general accordance with ASTM D 1140. The results of the tests are presented
on Figure B-1.
Direct Shear Test
A direct shear test was performed on a relatively undisturbed sample in general accordance with
ASTM D 3080 to evaluate the shear strength characteristics of the selected materials. The sample
was inundated during shearing to represent the adverse field conditions. The results are shown
on Figure B-2.
Soil Corrosivity Tests
Soil pH and resistivity tests were performed on a representative sample in general accordance
with CT 643. The soluble sulfate and chloride content of the selected sample was evaluated in
general accordance with CT 417 and CT 422, respectively. The test results are presented on
Figure B-3.
B-192
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 1140
CLAYEY SAND WITH GRAVEL
SILT WITH GRAVEL (SILTSTONE)
ML
SC
SC
42
38
ML
81
60
89
CLAYEY SAND WITH GRAVEL (SILTSTONE)
CLAYEY SAND WITH GRAVEL
SILT (SILTSTONE)
1.0-5.0
7.5-9.0
71
ML52
93
B-1
B-1
SILT (SILTSTONE)
B-1
B-2
84 53
SC
12.5-14.0
4.0-8.0
B-2
14.5-16.0B-2
USCSSAMPLE
LOCATION
SAMPLE
DEPTH
(ft)
PERCENT
PASSING
NO. 200
PERCENT
PASSING
NO. 4
DESCRIPTION (TOTAL
SAMPLE)
65 25
10.0-11.5
NO. 200 SIEVE ANALYSIS TEST RESULTS
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 | 1/23
FIGURE B-1
212126001 Fig B-1_200-WASH @ B-1 -- B-2 B-193
7.5-9.0SILTSTONEB-1 Peak
Cohesion
(psf)
Friction Angle
(degrees)
Equivalent Soil
Type
ML33
33
318
ML
Description Symbol Sample
Location
318
Depth
(ft)
Shear
Strength
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 3080
SILTSTONE X Ultimate7.5-9.0B-1
0
500
1000
1500
2000
0 500 1000 1500 2000SHEAR STRESS (PSF)NORMAL STRESS (PSF)
FIGURE B-2
DIRECT SHEAR TEST RESULTS
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 | 1/23
212126001 Fig B-2_DIRECT SHEAR @ B-1 7.5-9.0 B-194
1 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 643
2 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 417
3 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 422
pH 1SAMPLE
DEPTH (ft)
SAMPLE
LOCATION
RESISTIVITY 1
(ohm-cm)
8.0 135894600.006
SULFATE CONTENT 2
B-2 4.0-8.0
(ppm)(%)
CHLORIDE
CONTENT 3
(ppm)
CORROSIVITY TEST RESULTS
3001 CREST ROAD
RANCHO PALOS VERDES, CALIFORNIA
212126001 | 1/23
FIGURE B-3
212126001 Fig B-3_CORROSIVITY @ B-2 B-195
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070
ARIZONA | CALIFORNIA | COLORADO | NEVADA | TEXAS | UTAH
www.ninyoandmoore.com
B-196
CITY FUNDS SUMMARYGENERAL FUND SUMMARYAPPENDIX BUDGET PROGRAMSBUDGET OVERVIEW384 City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2023-2024 through 2027-28)
-$
FY23/24 FY24/25
Future
Fiscal Years
-$ -$
Committed
as of 3/31/23
99,929$ 330,000$ -$ -$ -$
FY25/26 FY26/27
-$ -$ -$
-$ -$
-$ -$
-$ -$ -$ -$
-$
-$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$
-$ -$
As part of a project by Los Angeles County to widen Crest Road in the 1960s, a
retaining wall was built to support the driveway leading to 3001 Crest Road. A
portion of the retaining wall was within the public right-of-way, and an easement was
created for the remaining portion. Maintenance of the retaining wall was
subsequently transferred from the County to the City upon its incorporation.
An inspection of the retaining wall in 2021 concluded that it was deteriorating and
needed to be repaired/rehabilitated/replaced.
Estimated annual operating / maintenance cost TBD
ESTIMATED SCHEDULE
Construction in Fiscal Year 2023-24
Project Location Map Background and Justification
-$ -$
99,929$ 330,000$ -$ -$ -$ -$
99,929$ 330,000$ -$ -$ -$ -$ 429,929$
$ - 70,000$ Project Contingency $ - $ 70,000 $ - $ - $ -
FUNDING
330 (CIP Fund)
FY27/28
Inspection $ - $ 25,000 $ - $ - $ - $ - 25,000$
Construction $ - $ 220,000 $ - $ - $ - $ - 220,000$
$ - 99,929$
Management $ - $ 15,000 $ - $ - $ - $ -
Engineering $ 99,929 $ - $ - $ - $ -
15,000$
Environmental $ - $ - $ - $ - $ - $ - -$
Overall
Planning $ - $ - $ - $ - $ - $ - -$
FY23/24 FY24/25 FY25/26 FY26/27 FY27/28
Committed
as of 3/31/23
Insert Descriptive Photo
PROJECT DESCRIPTION
This project is intended to repair/rehabilitate/replace the deteriorated retaining wall
which supports the driveway at 3001 Crest Road.
PROJECT COST ESTIMATES
8800 Series Right-of-Way Improvements Projects 8853
Retaining Wall Repairs at 3001 Crest Road
C-1