CC SR 20240806 K - Citywide Roadway Maintenance FY24-25
CITY COUNCIL MEETING DATE: 08/06/2024
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a Public Works Agreement for the Citywide
roadway maintenance for Fiscal Years 2024-2025 through 2028-29 to Hardy & Harper,
Inc.
RECOMMENDED COUNCIL ACTION:
1) Award a multi-year Public Works Agreement to Hardy and Harper, Inc. for Citywide
roadway maintenance services in the amount of $400,087 for Fiscal Year (FY)
2024-25 at a total agreement amount of $2,000,435, with a 10% contingency, over
a five-year period plus annual Consumer Price Index (CPI) increases; and
2) Authorize the Mayor and City Clerk to execute the agreement, in forms approved
by the City Attorney.
FISCAL IMPACT: The fiscal impact for FY 2024-25 is up to $400,087, which is included
in the approved FY 2024-25 budget. This agreement will be used for Citywide roadway
maintenance funded through the operating budget, as well as capital maintenance funded
through Capital Improvement Projects, which include the Roadway Asset Management
and Traffic Calming Programs. VR
Amount Budgeted: $400,000
Additional Appropriation: N/A
Account Number(s): 202-400-3170-5201 ($288,000)
(Gas Tax – Street Pavement Maintenance)
330-400-8846-8802 ($62,000)
(CIP – Traffic Calming-Other Improvements)
330-400-885X-8802 ($50,000)
(CIP – Roadway Asset Management-Other
Improvements)
ORIGINATED BY: Juan Hernandez, Maintenance Superintendent
REVIEWED BY: Ramzi Awwad, Director of Public Works
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Public Works Agreement with Hardy and Harper, Inc. for Roadway
Maintenance Services for Fiscal Years 2024-25 through 2028-29 (page A-1)
Forthcoming as Late Correspondence
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B. Bid for Roadway Maintenance Services from Hardy and Harper, Inc. for Fiscal
Years 2024-25 through 2028-29 (page B-1)
C. Notice Inviting Bids for Roadway Maintenance Services for Fiscal Years 2024-
25 through 2028-29 (page C-1)
BACKGROUND:
The Public Works Department (Public Works) relies on contractors to augment City Staff
in providing various maintenance services. One of the most critical contracts is for
Citywide roadway maintenance that includes a large and varied scope of services such
as roadway patching, crack-filling, pothole repairs, sidewalk grinding and patching,
removal and replacement of concrete curb and gutter, sidewalk/driveway approach and
ADA ramps, catch basin repairs, removal and installation of guar d rails, and pavement
markings, among other items. Per the City’s purchasing policies, the City must
competitively solicit proposals for these services on a periodic basis.
DISCUSSION:
On May 3, 2024, the City issued a Notice Inviting Bids (NOB) on the PlanetBids online
procurement platform for Citywide roadway maintenance services (Attachment C). A few
of the key contract provisions are as follows:
• The agreement term is for five years, from July 1, 2024 through June 30, 2029 with
the option of a one-year extension.
• The agreement may be terminated by the City at any time with a 30-day written
notice.
• The unit prices are fixed for the first year. Each year thereafter, the contractor may
request a price adjustment in accordance with the consumer price index (CPI).
• The quantities in the bid schedule are for estimation purposes only and to establish
fixed unit prices. The actual quantities will be based on the measurement of actual
work completed.
The City received one bid by the deadline of May 17, 2024 from Hardy & Harper, Inc.
(Hardy & Harper). The bid was found to be responsive, and Hardy & Harper met all
minimum qualification requirements stated in the NOB. Therefore, City Staff determined
that Harper & Harper was a responsible firm. Staff negotiated revised estimated quantities
to more closely reflect the likely actual quantities, with approval from the City Attorney’s
Office. The result is a base bid from Harper & Harper in the amount of $400,087.
(Attachment B)
Although Staff generally favor multiple quotes or bids, in this case, because of the
relatively small volume of work and very competitive construction and maintenance
contracting environment, Staff does not believe that re-soliciting bids will result in
additional bids and/or better pricing. Furthermore, Hardy and Harper regularly performs
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work on the Palos Verdes Peninsula and was therefore likely incentivized to provide a bid
due the efficiency of allocating crews when already generally performing work in the area.
CONCLUSION:
Staff recommends that the City Council award a Public Works Agreement to Hardy and
Harper in the amount of $400,087 for Fiscal Year 2024-25 at a total agreement amount
of $2,000,435 with a 10% contingency over a five-year period plus annual CPI increases,
for Citywide roadway maintenance services.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council’s consideration:
1. Do not award a Public Works Agreement and d irect Staff to re-solicit bids. Staff
does not believe that re-soliciting bids will result in additional bids or lower prices.
2. Take other action, as deemed appropriate.
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City of Rancho Palos Verdes, California
Contract Documents
For
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
City of Rancho Palos Verdes
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
(310)544-5252
Approved on , 2024
BY
Ramzi Awwad
Director of Public Works
REVISED
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CITY OF RANCHO PALOS VERDES
CONTRACT DOCUMENTS
FOR
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
REVISED
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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
REQUEST FOR CLARIFICATION ............................................................................................................ NC – 1
PREVAILING WAGES ........................................................................................................................... NC – 1
BONDS ................................................................................................................................................ NC – 2
LICENSE .............................................................................................................................................. NC – 2
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS ............................................... NC – 2
BIDDING PROCESS .............................................................................................................................. NC – 2
INSTRUCTIONS TO BIDDERS ............................................................................................................. 1
FORM OF PROPOSAL .................................................................................................................................. 1
DELIVERY OF PROPOSALS ........................................................................................................................... 1
MODIFICATIONS AND ALTERNATIVE PROPOSALS ...................................................................................... 1
WITHDRAWAL OF PROPOSAL ..................................................................................................................... 1
BIDDER’S SECURITY .................................................................................................................................... 1
APPROXIMATE ESTIMATE........................................................................................................................... 1
ADDENDA ................................................................................................................................................... 2
DISCREPANCIES IN PROPOSALS .................................................................................................................. 2
COMPETENCY OF BIDDERS ......................................................................................................................... 2
BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS .............................................................. 3
DISQUALIFICATION OF BIDDERS ................................................................................................................ 3
RETURN OF BID SECURITY………………………………………………………………………………………………………………………………….3
AWARD OF CONTRACT……………………………………………………………………………………………………………………………………..3
LISTING SUBCONTRACTORS ....................................................................................................................... 3
EXECUTION OF AGREEMENT ...................................................................................................................... 3
INSURANCE AND BONDS ............................................................................................................................ 4
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INTERPRETATION OF PLANS AND DOCUMENTS ........................................................................................ 4
SALES AND/OR USE TAXES ......................................................................................................................... 4
NON-COLLUSION AFFIDAVIT ...................................................................................................................... 4
EXECUTION OF THE CONTRACT ................................................................................................................. 4
CONTRACT BONDS ..................................................................................................................................... 5
INSURANCE ................................................................................................................................................ 5
COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT ................................................................... 5
REJECTION OF BIDS .................................................................................................................................... 5
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
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
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4.AGENTS OR FOREMAN .............................................................................................................. GP – 5
5.TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES .......................................................... GP – 6
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.EXTRA WORK ............................................................................................................................ GP – 7
3.UNPAID CLAIMS .........................................................................................................................GP – 7
4.ACCEPTANCE .............................................................................................................................GP – 8
E. CONTROL OF WORK ......................................................................................................................GP – 8
1.AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS ...................................................................GP – 8
2.CONFORMITY WITH PLANS AND ALLOWABLE VARIATION ........................................................GP – 8
3.PROGRESS OF THE WORK ..........................................................................................................GP – 8
4.SAMPLES ....................................................................................................................................GP – 8
5.TRADE NAMES AND ALTERNATIVES ..........................................................................................GP – 9
6.PROTECTION OF WORK .............................................................................................................GP – 9
7.CONFLICT OF TERMS .................................................................................................................GP – 9
8.INTERPRETATION OF PLANS AND SPECIFICATIONS ...................................................................GP – 9
9.INCREASES AND DECREASES OF THE WORK TO BE DONE .........................................................GP – 9
10.ALTERATIONS OF THE WORK TO BE DONE ..............................................................................GP – 10
11.PUBLIC UTILITIES ......................................................................................................................GP – 10
12.PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY .......................................................GP – 11
13.REMOVAL OF INTERFERING OBSTRUCTIONS .......................................................................... GP – 11
14.QUALITY OF MATERIAL ........................................................................................................... GP – 11
15.REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK ............................................................. GP – 11
16.SUPERVISION ........................................................................................................................... GP – 11
17.PRESERVATION OF PROPERTY ................................................................................................. GP – 12
18.DUST CONTROL ....................................................................................................................... GP – 12
19.SELECTED MATERIALS .............................................................................................................. GP – 12
20.SURPLUS MATERIALS ............................................................................................................... GP – 12
21.CLEAN UP ................................................................................................................................. GP – 13
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22.EQUIPMENT REQUIREMENTS .................................................................................................. GP – 13
23.PROTECTION OF WORK AND PUBLIC ....................................................................................... GP – 13
24.CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER ................................................ GP – 13
25.WORK AFTER REGULAR HOURS ............................................................................................... GP – 14
26.CONTRACTOR’S DAILY REPORTS .............................................................................................. GP – 14
27.DEFECTIVE MATERIALS ............................................................................................................ GP – 15
28.SOUND AND VIBRATION CONTROL REQUIREMENTS .............................................................. GP – 15
29.AIR POLLUTION CONTROL ....................................................................................................... GP – 15
30.FINAL CLEAN UP ...................................................................................................................... GP – 15
31.CONTRACTOR’S REQUEST FOR FINAL INSPECTION ................................................................. GP – 15
32.RESOLUTION OF PUBLIC WORKS CLAIMS ................................................................................ GP – 16
33.TRENCHES AND EXCAVATIONS ................................................................................................ GP – 16
34.DIVERSION OF RECYCLABLE WASTE MATERIALS…………………………………….……………………….…………GP - 17
SPECIAL PROVISIONS
A.GENERAL PROJECT INFORMATION ............................................................................................... SP – 1
1.REQUIREMENTS ......................................................................................................................... SP – 1
2.DEFINITION OF TERMS .............................................................................................................. SP – 1
3.SCOPE OF WORK ........................................................................................................................ SP – 2
4.NOTICE TO PROCEED ................................................................................................................. SP – 2
5.UTILITIES .................................................................................................................................... SP – 3
6.STREET CLOSURES ..................................................................................................................... SP – 3
7.PUBLIC CONVENIENCE AND SAFETY .......................................................................................... SP – 4
8.SANITARY CONVENIENCE .......................................................................................................... SP – 7
9.CONSTRUCTION YARD ............................................................................................................... SP – 8
10.EQUIPMENT REQUIREMENTS .................................................................................................... SP – 8
11.PRESERVATION OF PROPERTY ................................................................................................... SP – 8
12.NPDES COMPLIANCE/WATER POLLUTION CONTROL ................................................................ SP – 8
13.SAFETY, SANITARY AND MEDICAL REQUIREMENTS................................................................. SP – 11
14.ELECTRICAL POWER ................................................................................................................. SP – 12
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15.PROTECTION OF UNDERGROUND FACILITIES .......................................................................... SP – 12
16.AIR POLLUTION CONTROL ....................................................................................................... SP – 12
17.PROJECT APPEARANCE ............................................................................................................ SP – 12
18.WORK HOURS .......................................................................................................................... SP – 13
19.SCHEDULE AND PUBLIC NOTICES ............................................................................................ SP – 13
20.PHOTOGRAPHIC SURVEY OF ALL EXISTING CONDITIONS ........................................................ SP – 14
21.PROJECT MONUMENT SURVEYS AND CONSTRUCTION STAKING ............................................ SP – 14
B.PROJECT SPECIAL PROVISIONS ................................................................................................... SP – 15
1- GENERAL DESCRIPTION OF THE WORK ....................................................................................... SP – 15
2 - PRICE ADJUSTMENTS FOR MULTI YEAR CONTRACT .................................................................... SP – 15
3 – CALCULATION OF BILLABLE HOURS ............................................................................................ SP – 16
4 – MOBILIZATION ............................................................................................................................ SP – 16
5 – CONSTRUCTION METHODS ........................................................................................................ SP – 17
6 – CLEARING AND GRUBBING ......................................................................................................... SP – 17
7 – UNCLASSIFIED EXCAVATION ....................................................................................................... SP - 17
8 – SUBGRADE PREPARATION .......................................................................................................... SP – 18
9 – ASPHALT CONCRETE PAVEMENT ................................................................................................ SP – 21
10 – STREET PATCHING .................................................................................................................... SP – 21
11 – STREET PATCHING WITH TREE ROOT REMOVAL ...................................................................... SP – 25
12 – TRAFFIC CONTROL .................................................................................................................... SP – 26
13 – PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ............................................ SP – 26
14 – TRAFFIC STRIPING AND RAISED PAVEMENT MARKERS ............................................................ SP – 27
15 – PORTLAND CEMENT CONCRETE CONSTRUCTION .................................................................... SP – 27
16 – DETECTABLE WARNING SURFACE ............................................................................................ SP – 30
17 – HOUSE ADRESS NUMBERS PAINTING ....................................................................................... SP – 31
18 – APPURTENANT WORK .............................................................................................................. SP – 32
19 – COMPACTION TESTING ............................................................................................................ SP – 32
20 – GUARDRAIL............................................................................................................................... SP – 32
21 – CONTRACT UNIT PRICES ........................................................................................................... SP – 34
PROPOSAL PACKAGE
PROPOSAL .................................................................................................................................................P-1
BID SHEET …................................................................................................................................................P-3
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BID SCHEDULE ........................................................................................................................................ P-4
INFORMATION REQUIRED OF BIDDER ...................................................................................................P-12
REFERENCES ........................................................................................................................................P-1 4
STATEMENT REGARDING CONTRACTOR LICENSING LAWS ................................................................P-18
RESUME ...............................................................................................................................................P-20
DESIGNATION OF SUBCONTRACTORS ....................................................................................................P-21
INDUSTRIAL SAFETY RECORD FORM ......................................................................................................P-22
BID BOND ................................................................................................................................................P-23
NONCOLLUSION DECLARATION .............................................................................................................P-25
ACKNOWLEDGMENT OF ADDENDA........................................................................................................P-26
BIDDER STATISTICAL INFORMATION ......................................................................................................P-28
CONTRACT PACKAGE
PUBLIC WORKS AGREEMENT ............................................................................................................... C-1
PERFORMANCE BOND …………………………………………............................................................................ C-34
PAYMENT BOND .................................................................................................................................. C-36
WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE ................................................................. C-38
ADDITIONAL INSURED ENDORSEMENT - COMPREHENSIVE GENERAL LIABILITY ............................... C-40
ADDITIONAL INSURED ENDORSEMENT - AUTOMOBILE LIABILITY ....................................................... C-42
ADDITIONAL INSURED ENDORSEMENT - EXCESS LIABILITY....................................................................C-44
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https://pbsystem.planetbids.com/portal/4
8551/portal-home
NOTICE IS HEREBY GIVEN that the City of Rancho Palos Verdes, County of Los
Angeles, California, will receive up to, but not later than the time set forth above, sealed
contract bids for the award of a contract for the Roadway Maintenance Contract. All bids
shall be made on the form furnished by the City and shall be opened and publicly read
aloud at the above-stated time at the place of bid identified above.
Sealed bids must be placed in a sealed package with the project name and identification
number typed or clearly printed on the lower left corner of the package.
PROJECT IDENTIFICATION NAME:
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
DESCRIPTION OF WORK: Provide a roadway maintenance crew in the City, on a
regular basis, and to provide additional labor, material and/or equipment from time to time,
on a time and material basis, as requested.
COMPLETION OF WORK: All work shall be completed within the contract period
following written Notice to Proceed.
OBTAINING BID DOCUMENTS: Electronic files of the Plans, Specifications and Contract
Documents are available for download on the City’s portal on PlanetBids.
Hard copy of the bid package will not be mailed.
REQUEST FOR CLARIFICATION: If you discover any error, omission, ambiguity or
conflict in the Plans or Specifications and wish to have clarification, please submit your
request for clarification on PlanetBids by Wednesday, May 8, 2024 at 5:00 pm. Requests
for clarification received after this date will be disregarded. Addendums with responses
for clarifications will be provided by Monday, May 13, 2024 on PlanetBids.
PREVAILING WAGES: Pursuant to the Labor Code of the State of California, the Director
of Industrial Relations has determined the general prevailing rate of wages and employer
payments for health and welfare, vacation, pension and similar purposes applicable to
the work to be done. This rate and scale are on file with the Director of Public Works and
copies will be made available to any interested party on request. The Contractor to whom
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NOTICE INVITING SEALED BIDS
CITY OF RANCHO PALOS VERDES
BIDS MUST BE RECEIVED BY: 10:00 a.m., May 17, 2024
BIDS RESULTS AVAILABLE AFTER: 10:00 a.m., May 20, 2024
PLACE OF BID RECEIPT:
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the contract is awarded, and the subcontractors under him must pay not less than these
rates for this area to all workers employed in the execution of this contract. This Project
is subject to compliance monitoring and enforcement by the DIR.
BONDS: Each Bid must be accompanied by a cash deposit, cashier’s check, certified
check or Bidder’s Bond issued by a Surety insurer, each of which must be made payable
to the City, in an amount not less than ten percent (10%) of the total Bid submitted.
Personal or company checks are not acceptable. Upon award of Contract, Contractor
shall provide faithful performance and payment Bonds, each in a sum equal to the
Contract Price. Before acceptance of the Project, Contractor shall submit
warranty/maintenance Bonds that are valid for one year from acceptance, in the amount
of one hundred percentage (100 %) of the Contract Price; in lieu of the warranty Bond,
Contractor may submit proof from the Surety that the performance Bond has been
extended for the appropriate duration of time. All Bonds must be issued by a California
admitted Surety insurer and submitted using the required forms, which are in the Contract
Documents, or in any other form approved by the City Attorney. Failure to enter into a
valid Contract, including the submission of all required Bonds and insurance coverages,
with the City within ten (10) Days after the date of the delivery of the Contract forms to
the Bidder, shall constitute a material breach and subject the Bid security to forfeiture to
the extent provided by law.
LICENSE: The bidder must possess a current Class A Contractor’s license issued by the
California State License Board at the time of the Bid submission. No contract will be
awarded to any bidder who is not a properly licensed California contractor as required by
the California Business and Professions Code. The successful Contractor must also
possess a current City business license at the time of bid award.
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.
BIDDING PROCESS: The City reserves the right to reject any or all bids or any parts
thereof and waive any irregularities or informalities in any bid or in the bidding and to make
awards in all or part in the best interest of the City. No bidder may withdraw his bid for a
period of ninety (90) days after the date set for the opening of the bids.
CITY OF RANCHO PALOS VERDES
By:
Ramzi Awwad
Director of Public Works
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INSTRUCTIONS TO BIDDERS
FORM OF PROPOSAL: The proposal shall be made on the bidding schedule
(“proposal”) herein. The proposal shall be enclosed in a sealed envelope bearing the
name of the bidder and the name of the project as described under Notice Inviting Sealed
Bids.
DELIVERY OF PROPOSALS: The proposal shall be delivered by the time and to the
place stipulated in the Notice Inviting Sealed Bids. It is the bidder’s sole responsibility to
see that his proposal is received in proper time. Any proposal received after the
scheduled closing time for receipt of proposals will be returned to the bidder unopened
unless an extension has been granted by the City. Bidders or their authorized agents are
invited to be present.
MODIFICATIONS AND ALTERNATIVE PROPOSALS: Unauthorized conditions,
limitations or provisos attached to a proposal will render it informal and may be cause for
rejection. The complete proposal forms shall be without interlineations, alterations or
erasures, unless each such correction is suitably authenticated by affixing in the margin
immediately opposite the correction the surname or surnames of the person or persons
signing the bid. No oral, telegraphic or telephonic proposals or modifications will be
considered.
WITHDRAWAL OF PROPOSAL: The proposal may be withdrawn upon request by the
bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids,
provided that the request is in writing, has been executed by the bidder or his duly
authorized representative, and is filed with the DIRECTOR OF PUBLIC WORKS. No
proposal may be withdrawn during the period of ninety (90) calendar days after the bid
opening date.
BIDDER’S SECURITY: Each bid shall be accompanied by cash, certified or cashier’s
check payable to the City, or a satisfactory bid bond in favor of the City executed by the
bidder as principal and a California admitted surety as surety, in an amount not less than
ten percent (10%) of the amount set forth in the bid. The check or bid bond shall be given
as a guarantee that the bidder shall execute the contract if it is awarded to him in
conformity with the contract documents and shall provide the evidence of insurance and
furnish the necessary bonds as specified in the contract documents, within ten (10)
calendar days after written notice of the award. In case of the bidder’s refusal or failure
to do so, the cash, check, or bond, as the case may be, shall be forfeited to the City. No
bidder’s bond will be accepted unless it conforms substantially to the form set forth as
required.
APPROXIMATE ESTIMATE: The quantities shown in the proposal form shall be
considered as approximate only, being listed therein for the purpose of serving as a
general indication of the amount of work or materials to be performed or furnished, and
as a basis for the comparison of bids; and the City does not guarantee nor agree, either
expressly or by implication, that the actual amount required will correspond therewith, but
reserves the right to increase or decrease the amount of any item or portion of work or
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material to be performed or furnished, or to omit any such item or portion, in accordance
with the Special Provisions or Standard Specifications, under which the work is to be
constructed, without any way invalidating the contract, should such increase, decrease or
omission be deemed necessary or expedient. The quantity distribution tables included in
the Appendix are provided to generally assist in defining the work and should be
considered to be approximate only.
ADDENDA: The Director of Public Works may, from time to time, issue Addenda to the
Contract Documents. Parties that have obtained the Contract Documents and are on the
list of Plan Holders shall be notified of and furnished with copies of such Addenda, either
by email, personal delivery, or facsimile, during the period of advertising at no additional
cost. The City may determine, in its sole discretion, whether an Addendum requires the
postponement of the date set for opening Bids. The announcement of the new date, if
any, shall be made within the Addenda. Please Note: Bidders are primarily and ultimately
responsible for ensuring that they have received any and all Addenda. To this end, each
Bidder should contact the City to verify that he or she has received all Addenda issued,
if any. Bidders must acknowledge receipt of all Addenda, if any, in its Proposal. Failure
to acknowledge receipt of all Addenda may cause a Proposal to be deemed incomplete
and non-responsive.
DISCREPANCIES IN PROPOSALS: The bidder shall set forth each item of work, in
clearly legible figures, a unit or line-item bid for the item in the respective spaces provided
for this purpose.
In case of discrepancy between the unit price and the total set forth for the item, the unit
price shall prevail, provided, however, if the amount set forth as a unit price is ambiguous,
unintelligible or uncertain for any cause, or is omitted, or in the case where the unit price
is the same amount as the entry in the “Total” column, then the amount set forth in the
“Total” column for the item shall prevail in accordance with the following:
(1)As to lump sum items, the amount set forth in the “Total” column shall be the
unit price.
(2)As to unit price items, the amount set forth in the “Total” column shall be divided
by the estimated quantity for the item and the price thus obtained shall be the
unit price.
In case of discrepancy between words and figures, the words shall prevail.
COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration
will be given to the general competency of the bidder for the performance of the work
covered by the proposal. No agreement for the work will be executed with a contractor
who is not licensed in accordance with the laws of the State of California under applicable
provisions of the Business and Professions Code and registered with the DIR. The
licensing requirements for contractors shall apply also to subcontractors.
Contractors and subcontractors must sign the “Statement Acknowledging Penal & Civil
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Penalties Concerning the Contractor’s Licensing Laws.”
BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS: Bidders must
satisfy themselves by personal examination of the location of the proposed work and by
such other means as they may prefer as to the proposal, plans, specifications, contract
form and actual conditions and requirements of the work, and shall not at any time after
submission of the bid, dispute, complain, or assert that there was any misunderstanding
in regard to the conditions to be encountered, the character, quality, and quantities of
work to be performed and materials to be furnished, and the requirements of the proposal,
plans, specifications, and the contract form. The submission of a proposal shall be
considered conclusive evidence that the bidder has made such examination.
DISQUALIFICATION OF BIDDERS: No person, firm, or corporation shall be allowed to
make, file or be interested in more than one bid for the same work, unless alternate bids
are specifically called for. A person, firm or corporation that has submitted a sub-proposal
to a bidder, or that has quoted prices of materials to a bidder is not hereby disqualified
from submitting a sub-proposal or quoting prices to other bidders or making a prime
proposal. If there is a reason to believe that collusion exists among the bidders, all bids
will be rejected.
RETURN OF BID SECURITY: The successful bidder’s proposal guarantee shall be held
until the contract is executed. Bid security shall be returned to the three (3) lowest bidders
within twenty (20) calendar days after the successful bidder has signed the contract. All
other securities shall be returned immediately.
AWARD OF CONTRACT: The City reserves the right to reject any or all bids or any parts
thereof or to waive any irregularities or informalities in any bid or in the bidding. The award
of the contract, if made by the City, will be to the lowest responsible and qualified bidder.
The award, if made, will be within ninety (90) calendar days after the opening of the
proposals; provided that the award may be made after said period if the successful bidder
has not given the City written notice of the withdrawal of his bid.
LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed
subcontractors on this project, as required by the Subletting and Subcontracting Fair
Practices Act (Public Contract Code Sections 4100, et seq.). Forms for this purpose are
furnished with the contract documents.
EXECUTION OF AGREEMENT: The bidder to whom award is made shall execute a
written contract with the City in the form included in these contract documents and shall
secure and provide to City all insurance and bonds as herein specified within ten (10)
calendar days from the date of mailing of written notice of the award. Failure or refusal
to enter into the agreement or to conform to any of the stipulated requirements shall be
just cause for the annulment of the award and forfeiture of the bidder’s security. In the
event the bidder to whom an award is made fails or refuses to execute the Agreement
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within said time, the City may declare the bidder’s security forfeited, and it may award the
work to the next lowest bidder, or may call for new bids.
If the successful bidder refuses or fails to execute the contract, the City may award the
contract to the second lowest responsible bidder. If the second lowest responsible bidder
refuses to execute the contract, the City may award the contract to the third lowest
responsible bidder to execute the contract; such bidder’s securities shall be likewise
forfeited to the City.
INSURANCE AND BONDS: The Contractor shall not begin Work under the Contract
until it has given the City evidence of all required insurance coverage, including all
additional insured endorsements. The Contractor also shall not begin Work under the
Contract until it has furnished to the City two Bonds: one guaranteeing the Contractor’s
faithful performance of the Contract, and other securing the payment of claims for labor
and material. Each of these Bonds shall be executed in a sum equal to the Contract
amount. Before acceptance of the Project, the Contractor shall submit warranty/
maintenance Bond(s) that are valid for one year from acceptance, as further described
in the General Provisions.
INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating
submitting a bid for the proposed contract is in doubt as to the true meaning of any part
of the specifications or other contract documents, or finds discrepancies in or omissions
from the drawings and specifications, he or she may submit to the DIRECTOR OF PUBLIC
WORKS a written request for an interpretation or correction by seven (7) calendar days
prior to bid opening. The person submitting the request will be responsible for its prompt
delivery. Any interpretation or correction of the contract document will be made only by
an Addendum duly issued, and a copy of such Addendum will be mailed, delivered or
faxed to each person receiving a set of the contract documents. No oral interpretation of
any provision in the contract documents shall be binding.
SALES AND/OR USE TAXES: Except as may be otherwise specifically provided herein,
all sales and/or use taxes assessed by federal, state or local authorities on materials used
or furnished by the Contractor in performing the work hereunder shall be paid by the
Contractor.
NON-COLLUSION AFFIDAVIT: The Contractor shall execute and return a “Non-
collusion Affidavit” with its bid in the form attached herein.
EXECUTION OF THE CONTRACT: The contract, in the form set forth in the Contract
Section shall be executed by the successful bidder in accordance with the Instruction for
Execution of Documents, and returned to the City for execution by the City, and shall be
accompanied by bonds as described in paragraph GP-B-4 and the evidence of insurance
required by paragraph GP-B-5, all within ten (10) calendar days from the date written
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notice of the award is mailed to bidder. No bidder proposal shall be considered binding
upon the City until such time as it has been executed by the City.
CONTRACT BONDS: The successful bidder shall furnish to the City at his own expense
two surety bonds. One bond shall be in the amount of 100 percent of the contract price
in the form set forth in the Contract Section to guarantee faithful performance of the
contract work. The other bond, in an amount not less than 100 percent of the contract
price in the form set forth in the Contract Section shall be furnished to secure payment of
those supplying labor and materials as required by the California Civil Code. Each bond
shall be executed in accordance with the instruction set forth in the Proposal Section and
each bond shall be executed by a California admitted surety insurer acceptable to, and
approved by the City Attorney.
INSURANCE: The Contractor shall at all times, during the term of this contract, carry,
maintain and keep in full force and effect, a policy or policies of comprehensive public
liability insurance with an insurance company admitted to write insurance in California, or
carriers with a rating of, or equivalent to, A:VII by A. M. Best & Company to, and approved
by, the Director of Public Works and City Attorney, within minimum limits of Two Million
Dollars ($2,000,000) combined single limit coverage against any injury, death, loss or
damage as a result of wrongful or negligent acts or omissions by the Contractor, together
with an endorsement in substantially the form set forth in the Contract Section attached
hereto. The Contractor shall also at all times during the term of this contract carry,
maintain and keep in full force and effect a policy or policies of Workers’ Compensation
insurance and shall provide to the City evidence of such coverage in the form set forth
herein.
COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT: All Contracts shall
conform to the provisions of Sections 4100 through 4114, inclusive, of the Public Contract
Code, as amended, concerning subcontractors and subcontracts.
REJECTION OF BIDS: Proposals may be rejected by the City Council where, upon
evidence of a prior performance of the bidder, the City Council has made a finding that
the bidder is not a responsible bidder because of unsatisfactory performance within the
past three (3) years with the City or with other public entities. The City reserves the right
to reject any or all bids and to waive any irregularity or informality in any bid to the extent
permitted by law.
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GENERAL PROVISIONS
A. PROJECT PROVISIONS
1. UNITS OF MEASURE AND STANDARD PROVISIONS
The U.S. Standard Measures also called U.S. Customary System is the principal
measurement system in these specifications and shall be used for construction, unless
otherwise stated in the Contract Documents.
The project provisions applicable to this contract shall be those set forth in the Standard
Specifications for Public Works Construction, 2021 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. The Contractor, at any time on request, shall satisfy the City that the
Social Security and Withholding taxes are being properly reported and paid.
3. 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.
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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 HOURS
The Contractor shall forfeit, as penalty to the City, the sum of twenty-five ($25.00) dollars
for each worker employed in the execution of the contract by Contractor or by any
subcontractor under him for each calendar day during which such worker is required or
permitted to work more than forty (40) hours in any one calendar week, in violation of the
provisions of Article 3, Chapter 1, Part 7, Division 1 of the Labor Code (Section 1810 et.
seq.)
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
All Work associated with this contract shall be categorized as either emergency or non-
emergency work. The Contractor shall begin work for emergency work within 24 hours.
The Contractor shall provide a quote in response to all requests for non-emergency work
within five (5) working days and begin work within five (5) working days from City approval
of assignment and quote. The Contractor shall prosecute the work continuously thereafter
until completion of the work.
Contractor shall submit a work schedule to the Director of Public Works or his authorized
representative for approval for each assignment throughout the contract. 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. If the contractor does not maintain the agreed upon work schedule,
the city will exercise the right to assess liquidated damages in the amount of five hundred
dollars ($500) a day.
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. A GENTS 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.
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5. TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES
The Director of Public Works shall have the authority to suspend the contract work, wholly
or in part, for such a period of time as the Director may deem necessary, due to unsuitable
weather, or to such other conditions as the Director considers unfavorable for the proper
prosecution of the work, or for such time as the Director may deem necessary due to
failure on the part of the Contractor or Contractor’s workers to carry out orders or to perform
any of the requirements of the contract. The Contractor shall immediately comply with such
an order from the Director of Public Works and shall not resume operations until so ordered
in writing.
6. TIME OF COMPLETION AND LIQUIDATED DAMAGES
If all the assigned work is not completed in all parts and requirements within the time
specified in the agreed schedule, 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
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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.
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.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 after the true records of
extra work have been completed.
The first sentence of Subsection 3-3.2.2.2 Basis for Establishing Costs, (a) 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.
3.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.
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4.ACCEPTANCE
The parties agree that no certificate given shall be conclusive evidence of the faithful
performance of the contract, either in whole or in part, and that no payment shall be
construed to be in acceptance of any defective work or improper materials. Further, the
certificate or final payment shall not terminate the Contractor’s obligations under the
warranty here in above. The Contractor agrees that payment of the amount due under the
contract and the adjustments and payments due for any work done in accordance with any
alterations of the same, shall release the 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 scheduling conference. The Contractor shall diligently
prosecute the work to completion before the expiration of the time limit appearing in the
specifications.
4.SAMPLES
The Contractor shall furnish all products and materials required to complete the work. All
materials and products must be of the specified quality and fully equal to samples, when
samples are required. Whenever required, the Contractor shall submit to the Director of
Public Works or his authorized representative for test, and free of charge, samples of any
one of the materials or products proposed to be used in the work. Said samples shall be
delivered by the Contractor to the place within the City designated by the Director of Public
Works. Rejected materials must be immediately removed from the work by the Contractor
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and shall not be brought back to the site.
5.T RADE 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 specifications or the proposal form or to omit portions of the work
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so described, as may be deemed necessary or expedient by the Director of Public Works
and the Contractor shall agree not to claim or bring suit for damages, whether for loss of
profits or otherwise, on account of any decrease or omission of any kind of work to be
done. New and unforeseen work will be classed as extra work only when said work is not
covered and cannot be paid for under any of the various items or combination of items for
which a bid price appears on the proposal form. The Contractor shall not do any extra work
except upon written order from the Director of Public Works or his authorized
representative. Compensation for such extra work shall be previously agreed upon in
writing between the Contractor and the Director of Public Works or his authorized
representative.
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.
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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
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, or
obstructions of any character met during the process of striping, it is understood that the
cost of said removals are included in the various bid items.
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.
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Whenever the Contractor varies the period during which work is carried on each day, he
shall give adequate notice to the Director of Public Works or his authorized representative
so that proper inspection may be provided. Any work done in the absence of the Director
of Public Works or the Director of Public Works’ agent will be subject to rejection. The
inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the
contract as prescribed. Defective work shall be made good, and unsuitable materials may
be rejected, notwithstanding the fact that such defective work and unsuitable materials
have previously been accepted or estimated for payment.
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 subjectto
rejection. The Contractor shall make the appropriate notification according to the
instructions given on the State Encroachment 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.
17.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.
18.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 backcharge the contractor for all cost incurred to the City including City staff time.
19.SELECTED MATERIALS
Existing materials excavated within the project limits that meet the specifications for trench
backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the
requirements for such materials. No additional compensation will be allowed for
excavation, stockpiling, overhaul, or placing selected materials encountered in the
excavation.
20.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
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of the Contractor.
21.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.
22.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.
23.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.
24.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 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
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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.
The Contractor’s superintendent shall have a working multi frequency two-way radio with
adequate range for City-wide communication on him/her at all times during the course of
the project. The Contractor shall provide to the City’s Construction Observers, a small
portable working, multi frequency two-way radio compatible for communication with that of
the Contractor’s Superintendent’s communication device and a charger. The Contractor
shall also provide to each of the City’s Construction Observers a portable cellular
telephone, two cell telephone batteries and charger and pay for service for the duration of
the project. The Contractor shall only choose a carrier that has adequate coverage in the
area. All telephone calls will only be project related. Failure to observe this requirement
shall be considered as suspension of the work by the Contractor until such time as said
radio communication is re-established. The cost for furnishing radios and phones shall be
considered as included in the bid price paid for the various contract items of work, no
additional compensation will be made therefor. Said radios and cellular telephones will be
returned to the Contractor after the completion of the project. The City will endeavor to
safeguard the Contractor’s communication devices but assumes no responsibility or
liability for any possible damage to the cellular telephones or radios.
25.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.
26.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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27.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.
28.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.
29.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.
30.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 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.
31.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
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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.
32.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.
33.TRENCHES AND EXCAVATIONS
In accordance with Public Contract Code Section 7104, whenever the digging of
trenches or other excavations extend deeper than 4 feet below the surface, the
Contractor shall promptly, and before the following conditions are disturbed, notify the
City in writing of any:
1) Material that the Contractor believed may be material that is hazardous waste,
as defined in Health and Safety Code Section 25117, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law: 2) Subsurface or latent physical conditions at the site
differing from those indicated; or 3) Unknown physical conditions at the site of
any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the
contract. The City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ or do involve hazardous waste and cause a
decrease or increase in the Contractor’s cost of, or the time required for,
performance of any part of the work, the City shall issue a change order under the
procedures described in the Contract. In the unlikely event that a dispute arises
between the City and the Contractor regarding whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the
Contractor’s cost of, or time required for, performance of any part of the work,
the Contractor shall not be excused from any scheduled completion date
provided for by the Contract, but shall proceed with all work to be performed
under the Contract.
The Contractor shall retain any and all rights provided either by contract or by
law, which pertain to the resolution of disputes and protests between the
contracting parties. Where applicable, Contractor shall comply with the trench or
excavation permit requirement found in Labor Code Section 6500 and the
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excavation safety requirements found in Labor Code Section 6705. No
excavation shall be left open during the weekends or Holidays.
34.DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts,
Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers
as required for compliance with the City’s waste diversion ordinances. Contractor will
be required to submit weight tickets and written proof of diversion with its monthly
progress payment requests. Contractor shall complete and execute any certification
forms required by City or other applicable agencies to document Contractor’s
compliance with these diversion requirements. All costs incurred for these waste
diversion efforts shall be the responsibility of the Contractor.
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SECTION II: SPECIAL PROVISIONS
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
A.GENERAL PROJECT INFORMATION
1.REQUIREMENTS
All work embraced herein shall be accomplished in accordance with the applicable
portions of the “Standard Specifications for Public Works Construction,” the 2021 edition,
including all supplements, herein referred to as “Standard Specifications, except as
modified by these Special Provisions.
The U.S. Standard Measures also called U.S. Customary System is the principal
measurement system in these specifications and shall be used for construction, unless
otherwise stated in the Contract Documents.
In addition to the above, the Contractor shall comply with the requirements of the following:
(a)Notice Inviting Sealed Bids
(b)Instructions to Bidders
(c)Proposal
(d)Bid Bond
(e)Information Required of Bidders
(f)Contract Agreement
(g)Faithful Performance Bond
(h)Labor and Material Bond
(i)Statement Acknowledging Penal and Civil Penalties Concerning the
Contractor’s Licensing Laws.
2.DEFINITION OF TERMS
Wherever in the “Standard Specifications” terms are used, they shall be understood to
mean and refer to the following:
Agency City of Rancho Palos Verdes
Board City Council, City of Rancho Palos Verdes
Engineer The Director of Public Works, acting either
directly or through the properly authorized
agents, such agents acting within the scope of
the particular duties entrusted to them.
Special Provisions All Contract Documents, including the Special
and Technical Provisions.
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3.SCOPE OF WORK
In general, the work comprises but is not limited to furnishing all necessary labor,
materials, equipment and other incidental and appurtenant Work necessary to complete
the work as more clearly described in the Contract Documents. 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.
4.NOTICE TO PROCEED
Upon award of this contract and signing the contract documents, the City shall issue the
Contractor a Notice to Proceed. Contract period shall commence on the date in the Notice
to Proceed. Working days are defined as Monday through Friday, with the exception that
no work may take place on the following City holidays:
Memorial Day
Independence Day
Labor Day
Election Day
Thanksgiving Day
Day after Thanksgiving Day
December 24, 25 and 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.
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5.UTILITIES
It is anticipated that these existing utilities will not interfere with the Contractor’s
construction operations. However, the Contractor shall exercise due care to ensure that
these utility facilities are not damaged during his operations. The Contractor shall notify
the following utility companies prior to the beginning of any work:
AGENCY TELEPHONE NUMBER
City of Rancho Palos Verdes (310)544-5252
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
Sanitation District of Los Angeles County (562)699-7411 x1205
USA/DigAlert 811
6.STREET CLOSURES
No closure of any street shall be allowed unless prior written permission is obtained from
the Director of Public Works or his authorized representative. If permission to close a
street is granted, then the Contractor is required to notify the Engineer in writing at least
five (5) working days in advance of street closures, and all emergency services, public
transportation services, garbage collections services, and school bus services, and other
agencies as determined by Department of Public Works shall be notified by the contractor
in writing of the locations, time and date of the closures a minimum four (4) working days
in advance of street closures. In case of schedule changes, the emergency services, etc.,
shall be notified by telephone at least two (2) days in advance of the street closure.
For construction in the vicinity of a school, the Contractor shall contact the Palos Verdes
Unified School District, obtain a school schedule, and school circulation plan and
incorporate information into the project’s schedule and traffic control, such that within
1,000 feet of the school on routes serving the school for student arrivals and departures
are not impacted between one hour before and one half hour after the school day start
time and one hour before or one half hour after school day end time.
AGENCY TELEPHONE NUMBER
Peninsula Fire Department #106 (310)377-9523
Los Angeles County Sheriff’s
Dept
(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
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Peninsula Dial-A-Ride (310)544-7108
Waste Management (800)669-6580
Postmaster (310)377-6833
BFI (310)329-4115
Palos Verdes Unified School District (310)378-9966
7.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.
(b)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.
The cost accrued by the City in connection therewith will be deducted from
the Contractor’s contract payment. Any action or inaction on the part of the
City in directing attention to the inadequacy of warning and protective
measures or in providing additional protective and warning devices shall
not relieve the Contractor from responsibility for public safety or abrogate
Contractor’s obligation to furnish and pay for these devices.
Should the Contractor fail to pick up signs either after the work has been
performed, or after the Contractor has failed to meet the schedule, the
Contractor shall be charged a penalty of $50 per sign left in the public right
of way. Said monies will be deducted from any monies due or to become
due to the Contractor.
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The Contractor shall be responsible for adequate barricading of the work
area and controlling of traffic in the vicinity of the projects as specified in
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.
(c)Traffic Control: No traffic control plan is needed for residential streets. 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.
No street closure shall be allowed without advanced written approval from
the Engineer. The Contractor shall maintain through traffic at all
times, unless approved by the Director of Public Works, or his
representative. Flaggers with hand-held communication devices, proper
safety vests and signage shall be required at all times wherever the
useable roadway does not allow at least a 20’ width, for two-way traffic, to
ensure for the safe passage of motorists at all times, via alternating one-
way traffic. Continuous driveway access shall be required at all times,
excepted when specific written permission is provided to do otherwise.
Lane closures on arterial and collector roads shall be limited to 9am-
3pm unless express written permission otherwise is obtained from
the Director of Public Works or his authorized representative.
Allowable working hours in residential streets shall be between the hours
of 8:00 a.m. and 5:00 p.m. Variations from these working hours and lane
closure restrictions will only be allowed if specifically provided in writing by
the City and MAY allow for the option of longer working hours.
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.
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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.
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.
The Contractor shall provide written notification to all public services
including, but not limited to, the LA County Sherriff / Dispatch, LA County
Fire Department, Public Works Department (City Engineer), UWS (trash
pickup), California Water Service Company and Los Angeles County
Sanitation District.
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The Contractor shall provide written notification to all residents near the
construction a minimum of 10 working days prior to any work. A separate
notification shall be provided to residents at least 2 working days prior to
blocking any access to a residence, driveway, or work that will require the
disruption of entry to private property or any utility service (water, sewer,
electrical, etc.). 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.
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 required at all times, 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.
PAYMENT: Payment for traffic control on arterial and collector streets shall
be paid under the bid item for that work, and no additional payment shall
be allowed therefor.
8.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.
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9.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 City will provide the Contractor with a sample release form upon request.
10.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 between the hours of 7:30 a.m. and 5:30 p.m.
Fueling and minor maintenance shall be in compliance with the NPDES requirements.
All equipment shall be in good repair. Equipment from which leaks of oil, hydraulic fluids,
coolant, etc., are observed shall be removed from service until the necessary repairs have
been completed.
11.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.
12.NPDES COMPLIANCE/WATER POLLUTION CONTROL
Water pollution control shall consist of constructing those facilities specified by these
Contract Documents, required by law, or as ordered by the Director of Public Works or his
authorized representative. Said work is intended to provided prevention, control and
abatement of water pollution to streams, oceans and other bodies of water. Full
compensation for conforming to the requirements in this entire section shall be considered
as included in the prices paid for the various contract items of work, and no additional
compensation will be allowed therefor.
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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.
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 and
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:
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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.
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:
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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:
Surface and Subsurface Water Control: The Contractor shall prevent or reduce the
discharge of pollutants to storm water from surface and subsurface water control
operations by using the following methods:
For surface water control operations where the flow is routed to bypass the construction
area, establish stable (erosion resistant) conveyance routes for the diverted flow. Trap any
significant sediment (e.g., mud) generated by the rerouted flow in a sediment trap, filtering
berm, or basin.
In subsurface pumping or other subsurface water control operations where significant
amounts of sediment (e.g., mud) are present in the removed water, capture the sediment
in a sediment trap, filtering berm, or basin.
If a sediment trap or basin is required for the surface or subsurface water control
operations, the facility should be designed such that the sediment is settled or trapped in
the facility prior to discharging of the water.
In areas suspected of groundwater pollution, sample the groundwater near the
excavation/pumping site and have the water tested for known or suspected pollutants at
a certified laboratory.
Any proposed discharge of groundwater may be subject to requirements of the Regional
Water Quality Control Board if water is discharged to groundwater or land.
PAYMENT: BEST MANAGEMENT PRACTICES shall be considered as included in the
bid price paid for the various contract items of work, and no additional compensation will
be made therefor.
13.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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14.ELECTRICAL POWER
The Contractor shall provide, at his own expense, all necessary electrical power required
for his operations under the contract.
15.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.
16.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.
17.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.
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In any area visible to the public, the following shall apply: When practicable, broken
concrete and debris developed shall be disposed of concurrently with its removal. If
stockpiling is required, the material shall be placed in an area which does not impact public
or private landscaping or irrigation and the material shall be removed or disposed of daily.
Should the Contractor appear to be neglectful or negligent in maintaining a clean project
site, the Director of Public Works or his authorized representative may direct the
Contractor’s attention to the existence of such condition(s). The Contractor shall provide
all necessary measures immediately, at his expense. If attention is directed to the
existence of such condition(s), and the Contractor fails to provide an appropriate remedy,
any expense incurred by the City for providing correcting actions may be deducted from
the pay estimates and the total contract price for the work, including a Fifty Dollar ($50.00)
penalty per calendar day the condition(s) exist from date of notification.
Full compensation for conforming to the provisions in this section not otherwise provided
for shall be considered as included in prices paid for the various contract items of work
involved, and no additional compensation will be allowed therefore.
18.WORK HOURS
The construction shall be conducted as follows:
Residential streets: Between the hours of 8:00 AM and 5:00 PM Monday through Friday
excluding those City holidays listed elsewhere in these specifications.
Arterial and Collector streets: Between the hours of 9:00 AM and 3:00 PM Monday through
Friday excluding those City holidays listed elsewhere in these specifications.
The Director of Public Works or his designee may issue special work hour restrictions
based on unforeseen needs.
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
$180.00 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.
19.SCHEDULE AND PUBLIC NOTICES
(a)Order of Work: Order of work shall conform to the provisions of Section 6-
1, “Construction Schedule and Commencement of Work,” of the Standard
Specifications and these Special Provisions. The Contractor shall conduct
his operations so as to cause minimum obstruction and inconvenience to
traffic, schools, hikers and residences.
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PAYMENT: The cost for furnishing all schedules, notifications, posting, reposting
and any related items for their completion shall be considered as included in the
bid price paid for the various contract items of work, and no additional
compensation will be made therefor.
20.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
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.
21.PROJECT MONUMENT SURVEYS and CONSTRUCTION STAKING
21.1 Survey Service
The Contractor shall provide for the services of a land surveyor licensed in the State of
California, hereinafter Surveyor, to perform all work necessary for establishing control,
construction staking, records research and all other surveying work necessary to construct
the work, provide surveying services as required herein and provide surveying, drafting
and other professional services required to satisfy the requirements of the Land Surveyors
Act. Surveyor shall be resident on the site during all surveying operations and shall
personally supervise and certify the surveying work. Contractor shall submit surveyor’s
information, including license number, prior to commencing work.
21.2 Permanent Survey Markers
The Contractor shall not disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that
protecting an existing monument in place is impractical, the Contractor shall employ a
licensed land surveyor to establish the location of the monument before it is disturbed.
The Contractor shall have the monument replaced by a licensed land surveyor no later
than thirty (30) days after construction at the site of the replacement is completed. The
Licensed Land Surveyor shall file corner record(s) as required by '' 8772 and 8773, et seq.
of the California Business and Professions Code. Copies shall be provided to the City
within 10 days of replacement of any monuments.
When a change is made in the finished elevation of the pavement of any roadway in which
a permanent survey monument is located, the Contractor shall adjust the monument frame
and cover to the new grade. Documentation of any disturbance or relocation, horizontal
or vertical shall be provided to the City.
21.3 Center Line Ties
The Contractor shall be responsible to locate centerline ties and/or monuments at
locations which are part of the overlay project as directed by the Director of Public Works.
Contractor shall submit a scope of work for approval by the Engineer prior to commencing
work. The monuments will be inventoried, tied out, and a centerline tie sheet will be
prepared and submitted to the Engineer.
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Compensation for re-setting the center line tie and monuments, including
tie sheet preparation after paving and the filing of a corner record as
required, will be on an each basis per tie sheet accepted by the Public
Works Department and for filing by the Los Angeles County Surveyors
office. This shall include re-setting the tie monuments where curb ramps
are removed and replaced or new ramps are installed. The Contractors
surveyor shall be responsible to meet all requirements stipulated by the
County Surveyor regarding the filing of corner records.
21.4 Payment for Construction Staking
Payment for work performed to control the construction activities shall be included in the
actual bid items requiring the survey work, and no additional payment will be made.
Extension of unit prices for extra work shall include full compensation for attendant survey
work, and no additional payment will be made therefore.
21.5 Lines and Grades
Except when, as per orders from the Director of Public Works, minor changes in the work
are to be made by the Contractor, all work shall, during its progress upon completion,
conform to the lines, grades, and elevations shown on the Plans. All distances and
measurements are given thereon and will be made in a horizontal plane. Three (3)
consecutive points shown on the same rate of slope must be used in common in order to
detect any variation from a straight line, and in case any such discrepancy exists, it must
be reported to the Director of Public Works. Failure to make this report shall make the
Contractor responsible for any such error in the finished work.
B.PROJECT SPECIAL PROVISIONS
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
1 – GENERAL DESCRIPTION OF THE WORK
The work performed by this contract shall be regular roadway maintenance as requested
by the City and detailed in bid items listed in the bid schedule.
2 – PRICE ADJUSTMENTS FOR MULTI YEAR CONTRACT
This contract will be for the period July 1, 2024 through June 30, 2029. In addition the
contract may be extended up to one(1) additional year, if agreed to by both parties.
The unit prices listed on the proposal sheet shall be in effect for the period of time from
July 1, 2024 through June 30, 2025.Thereafter the multi-year agreement shall be subject
to an annual increase upon written request by Contractor. The increase shall be based on
changes to the Consumer Price Index (CPI-U) within the Los Angeles-Long Beach-
Anaheim geographic area for the preceding twelve (12) month period measured March to
March. The CPI increase shall not be less than zero percent (0%).
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3 – CALCULATION OF BILLABLE HOURS
Compensation for all hourly bid items shall be the number of hours at the job site. No
compensation will be allowed for travel time to or from the City. Daily hours billed for
maintenance crews shall match the number of hours a maintenance crew is working in the
City performing tasks assigned by the City, and shall not include any travel time to or from
the City. Working time shall begin and end upon checking in and out in person with the
Director of Public Works or his representative.
4 - 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 various
contract items 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). The Contractor’s project
manager, superintendent and foreman are required to attend a kickoff meeting and regular
progress meetings when needed.
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 per bid item Mobilization and will be at the
contract unit price per lump sum for the various items of work, and no additional
compensation will be allowed therefor.
PAYMENT: Payment for mobilization shall be considered as included in the bid price paid
for the various contract items of work, and no additional compensation will be made
therefor.
In the event the contractor is called out for emergency work, i.e. work that must be
completed within 72 hours of the call, Mobilization shall be paid per the bid unit price for
that emergency event call-out.
The City of Rancho Palos Verdes shall waive its encroachment permit fee. The Contractor
shall comply with the requirements specified of each license.
Mobilization shall 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
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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.
5 - CONSTRUCTION METHODS
(a)General: The Contractor shall contact the affected utility companies for information
regarding identification, location, and depth of underground utilities.
(b)Preservation of Property: Existing improvements in areas adjoining the property
whereon demolition and removal is being performed shall be protected from injury or
damage resulting from operations of the Contractor and the Contractor shall be
responsible for such damage. In like manner any building, structure, tree, shrub, or other
item in the area where demolition and removal are being performed shall be similarly
protected and preserved.
(c)Dust Control: The Contractor shall provide such dust laying equipment and methods
as may be required to protect adjacent property from annoyance or damage from dust
caused by his operations, and failure to control such dust shall be cause for the Director
of Public Works to stop the work until said dust is controlled, and the Contractor shall have
no recourse to collect from the City for any loss of time or expense sustained by him due
to such suspension of work.
(a)Selected Materials: Existing materials excavated within the project limits that meet the
specifications for trench backfill, topsoil, or other selected materials may be used to fulfill
all or a portion of the requirements for such materials. No additional compensation will be
allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in
the excavation.
(b)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.
6 – CLEARING AND GRUBBING
(a) General: The Contractor shall clear and grub along edge of pavement as
necessary to cold mill and resurface per plan.
(b)Payment: Payment for clearing and grubbing shall be included in the price bid for
other items of work, and no additional compensation will be allowed therefor.
7 – UNCLASSIFIED EXCAVATION
(a)General: Unclassified excavation shall consist of all excavation, including
roadway, bituminous pavement, concrete pavement, curb, sidewalk, gutters, cross
gutters, driveways and access ramps.
(b)Removal of Bituminous Pavement: Bituminous pavement shall be removed to
neatly sawed edges. Saw cuts shall be to a minimum depth of 3 inches. Where bituminous
pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat
straight lines before permanent to ensure that all areas to be paved are accessible to the
rollers used to compact the subgrade or paving materials. Removal at flow line areas shall
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include restoring pavement surface to flow line grade based on surrounding conditions.
(c)Removal of Concrete Curb, Gutter, Sidewalk Cross Gutters, Driveways and
Access Ramps:
Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth
of 1.5 inches. Concrete sidewalk, access ramps or driveways to be removed shall be
neatly sawed in straight lines either parallel to the curb or at right angles to the alignment
of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length
or width. If the saw cut would fall within 30 inches of a construction joint, functional
weakened plane joint, expansion joint or edge, the concrete shall be removed to the joint
or edge. In any case, the saw cut shall be made in and along a score mark if within the
30-inch zone. Curb and gutter shall be sawed to a depth of 1.5 inches on a neat line at
right angles to the curb face.
(d)Payment: Full compensation for unclassified excavation shall be included in the
applicable price bid for the construction item requiring removal, and no additional payment
shall be made therefor.
Payment for curb ramp shall be included in the price bid, including the removal of existing
improvements, truncated dome, retaining curb, restoration of existing landscaping and
irrigation system, and no additional payment shall be made therefore.
8 - SUBGRADE PREPARATION
(a)General: The last sentence of the first paragraph of Subsection 301-1.2 of the
Standard Specifications is deleted and replaced by the following:
When unsuitable material due to excessive moisture content is found below the
processing depth for subgrade specified herein, the Contractor shall make a reasonable
effort as directed by the Director of Public Works or his authorized representative, to dry
the material in order to obtain compaction as specified in Subsection 301-1.3, Relative
Compaction. Such reasonable effort may include periodic cultivating and scarifying or
allowing the material to dry naturally or a combination of the above, for a period of time
not to exceed 2 weeks. After this time period, or earlier if so determined by the Director
of Public Works or his authorized representative, the unsuitable material shall be treated
in accordance with Subsection 300-2.2, Unsuitable Material. The Contractor will be
allowed non-working days for such work in accordance with Section 6-7, Time of
Completion. An extension of time for such work will be granted in accordance with
Subsection 6-6 of the Standard Specifications.
(b)Payment: Payment for preparation of subgrade will be considered as included in
the item of work for which the subgrade is prepared, and no additional payment will be
made therefore, except unsuitable material will be compensated by the bid item per cubic
foot to excavate additional depth for unsuitable material and replace with additional AC in
areas of AC remove and construct.
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9 - ASPHALT CONCRETE PAVEMENT
The last sentence of Subsection 302-5.1 of the Standard Specifications is hereby deleted
and replaced with the following:
All pavement removal excavations shall be base paved to existing grade on the
same day as the excavation unless otherwise permitted by the Director of Public
Works or his authorized representative.
Bituminous pavement shall be removed in accordance with Subsection 300-1.3.2.
Removals at flow line areas shall include restoring pavement surface to flow line
grade based on surrounding area.
Subsection 302-5.4 Tack Coat of Standard Specifications: The following is hereby added
to the first paragraph:
Tack coat material shall be Grade SS-1h emulsified asphalt or PG 64-10 applied
at minimum 350 degrees Fahrenheit, from a spreader truck with a functioning
heating element and tack coat shall be applied at a rate of .06 gallons per square
yard, and a second coat shall be applied between edge of pavement and one (1)
foot towards center of street.
Apply SS-1H tack coat uniformly in two coats of .20 gallons per square yard each
with full “break” in between, or .20 gallons per square yard PG 64-10 uniformly in
one coat on all vertical joins of AC patching.
Subsection 302-5.5 Distribution and Spreading of the Standard Specifications is
supplemented and amended by the following:
Spreading: Unless approved by the Director of Public Works, the Contractor will
not be allowed to deposit the AC material from bottom dump trucks into a window
then pick up said material and convey it into the paving machine by an elevating
device. All areas shall be paved by depositing the AC material from delivery trucks
directly into the paving machine hopper.
If approval for the bottom dump operation is given, the Contractor shall furnish a
rubber tired skip loader for distribution of any misplaced material.
A fully automatic screed will be required for this project. The fully automatic screed
control shall consist of a sled, 30 feet in length, on the side of the machine, which
will receive the next mat of material. A joint maker, ski, etc., placed on the side of
machine to ride on the existing or previously constructed surface or mat of asphalt
concrete material may be required as directed by the Director of Public Works or
his authorized representative.
Subsection 302-5.6 Rolling of Standard Specifications: The following is hereby added to
the first paragraph:
A breakdown roller and an intermediate roller shall be provided to roll directly
behind the paving machine. These rollers shall operate continuously during
spreading of AC. A finish roller shall also be operated at times of paving and an
additional spare intermediate roller shall be on site also.
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Rolling along a joint shall be such that the widest part of the roller is on the hot side
of the joint.
Rubber tire roller shall be used on any leveling course.
Subsection 302-5.7 Joints of Standard Specification: The following is hereby added to the
first paragraph:
Join lines between successive runs shall be within 6 inches of lane lines or a
minimum of 14 feet outside of the outer most lane line, or 5 to 6 feet from a lane
line and within a lane. The joint pattern for all pavement layers shall be
submitted in writing to the Engineer for review and approval 2 weeks in
advance of the first lift of pavement to be placed. No exceptions to the specified
requirements for joints shall be anticipated, and the Engineer’s decision shall be
final.
The second paragraph shall read:
When payment is to be made on a tonnage basis, the Contractor shall furnish to
the Inspector a legible copy of the licensed weighmaster's certificate showing
gross, tare and net weights of each truck load of asphaltic concrete mixture. This
certificate shall be signed by a representative of the Director of Public Works at the
project site and will be used as the basis of payment, except when the aggregate
passing the No. 4 sieve has a specific gravity exceeding 2.90 as determined by
ASTM C 188, in which case the basis of payment will be the tonnage indicated on
the certificates reduced by 5 percent, rounded off to the nearest whole ton.
The fifth paragraph shall read:
The unit price for asphalt concrete pavement for overlay shall include full
compensation for furnishing all preparation, all materials, labor, tools, equipment,
and incidentals as required for which separate bid items are not provided, to
construct the pavement in accordance with the plans, these Special Provisions and
the Standard Specifications. Payment shall be paid on the basis of tons installed.
10 - STREET PATCHING
From time to time the City will request that the contractor perform street patching.
(a)General: Placing and compacting of the asphalt shall conform to Subsection 302-
5 Asphalt Concrete Pavement of the Standard Specifications.
In such cases the City and the Contractor shall review all work prior to commencement.
In all cases the amount of total street patching, all categories, shall be an amount requiring
at least a full working days work by the contractor. If there is inadequate work to complete
a full day worth of patching, and the City wishes to proceed, the work will be completed
on a time and material basis, utilizing applicable bid items listed in the proposal sheets.
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The Contractor will be required to remove and dispose of the failed Asphalt Concrete
pavement where marked by the City at a depth called for by the City.
The patches shall be filled with a C2-AR4000 mix the same day to achieve a smooth, level,
flush surface as required in this section of the Special Provisions.
The asphalt pavement shall be saw cut and removed to clean, straight lines. Saw cuts
along removal limits shall be to a minimum depth of 3 inches. All excavated materials shall
become the property of the Contractor and shall be disposed of at a suitable disposal site.
Arrangement for such disposal sites shall be made by the Contractor and approved by the
City's representative, when such areas are within the City right-of-way.
The edges of bituminous pavement adjoining the excavated trench shall be trimmed to
neat, straight (vertical) lines to ensure that all areas are accessible to rollers used to
compact the subgrade.
Wet or unstable subbase material shall be removed and replaced with a suitable material.
The exposed subgrade shall be worked to a uniform depth and all rocks larger than three
(3") inches in diameter or other extraneous material shall be removed.
Rolling of subgrade shall always be commenced along the edge of the area to be
compacted and the roller shall gradually advance toward the center of the area to be
compacted. The roller shall be operated along the lines parallel with the centerline of the
roadway. Areas inaccessible to rolling equipment shall be compacted thoroughly to
required lines and grades by means of pneumatic tampers, or by other methods that will
produce the same degree of compaction as pneumatic tampers. Tack coat shall be
applied to the sides of the prepared hole at a rate as specified in Subsection 3.2-5.4. The
surface to be tacked shall be swept clean of dust and foreign matter. The Contractor shall
be careful not to apply an excess of emulsion and shall allow enough time before
backfilling to ensure adequate cure time.
(b). Rolling and compacting: Compacting of asphalt concrete shall be accomplished
as specified in Subsection 302-5.6 Rolling of the Standard Specifications.
The compaction after rolling shall be at least 95 percent of the density obtained with the
California Kneading Compactor per Calif. Test 304.
1.A properly calibrated nuclear asphalt testing device in the field, or
2.ASTM D 1188 when slabs or cores are taken for laboratory testing. Zinc
stearate may be substituted for paraffin.
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(c). Density and Smoothness: Upon completion, the pavement shall be true to grade
and cross section. When a 3 m (10 foot) straightedge is laid on the finished surface parallel
to the centerline of the roadway, the surface shall not vary from the edge of the
straightedge more than 3 mm (1/8 inch), except at intersections or at changes of grade.
Any areas that are not within this tolerance shall be brought to grade immediately following
the initial rolling. If the paving material has cooled below the lower limits of the spreading
temperatures prescribed in 302-5.5 of the Standard Specifications, the surface of the
pavement shall be brought to a true grade cross section. The paving material in the area
to be repaired shall be removed, by an approved method, to provide a minimum laying
depth of 25 mm (1 inch), or 2 times the maximum size aggregate, whichever is greater, of
the new pavement at the join line. Repairs shall not be made to pavement surface by
feather-edging at the join lines.
(d)Measurement and Payment: Measurement will be made in square feet of street
patching in place. The Contractor is advised to inspect the site to see where the City has
marked the street pavement with paint, the areas to be removed and replaced. No
additional compensation for street patching will be allowed to the Contractor due to his
failure to examine the number, location and size of the street patch areas to be removed
and replaced.
Street patching shall be paid for on the basis of square feet per the contract unit price bid
for Street Patching and Street Patching with Tree Root Removal, as applicable.
The unit price bid shall include full compensation for furnishing all materials, labor, tools,
equipment, and incidentals required including, disposal, and subgrade preparation to
complete the work in accordance with the plans, these Special Provisions and the
Standard Specifications.
Traffic Control for street patching for residential roadways shall be included in the unit
price bid for patching. Traffic Control for street patching for non-residential roadway shall
be paid for in accordance with Section 12 - TRAFFIC CONTROL.
11 - STREET PATCHING WITH TREE ROOT REMOVAL
(a)General:
All conditions listed in Section 10 - STREET PATCHING above shall apply.
In addition the Contractor will be required to excavate Asphalt Concrete pavement
damaged by tree roots where marked with the designation "root" by the City, to a minimum
depth of six (6) inches and over-excavation of up to six (6) additional inches for root
removal, as determined by the Engineer. All roots within the excavation shall be cleanly
cut and removed as directed by the Director or his representative. A root barrier shall be
installed in all cases extending to the width of the patch. A pruning compound designed
to prohibit re-growth shall be applied per manufacturer’s specifications to all exposed root
surfaces. The excavation shall then be filled to subgrade and compacted as specified in
section 7 of these Project Special Provisions. Replacement AC pavement shall be
minimum six (6) inches thick.
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12 - TRAFFIC CONTROL
(a)General:
For all residential roadways, the unit price paid for by street patching shall include full
compensation for traffic control in accordance with the latest edition of the CA MUTCD.
For non–residential roadways, traffic control plans shall be prepared by a License
Engineer to be submitted to the City for its review and approval.
For the purposes of this section the following roadways will be considered non– residential
roadways:
Crenshaw Boulevard – except that portion southerly of Crest Road
Crest Road – except that portion between Crenshaw Boulevard and the entranced to the
Crestridge Rd.
Hawthorne Boulevard
Highridge Rd.
Indian Peak Rd.
Granvia Altamira/Ridgegate Dr.
Miraleste Drive
Montemalaga Drive
Silver Spur Road
Palos Verdes Drive South
Palos Verdes Drive East
Palos Verdes Drive West
(b)Changeable Message Sign (CMS) – as directed by the Director of Public Works,
from time to time it may be desirable to use a CMS to alert/direct traffic. Contractor shall
deliver a fully functional CMS to the site of work when directed to do so by the Director of
Public Works. CMS are to be available a minimum of 24 hours when requested.
Payment: Payment for traffic control will be at the contract unit prices bid per the
appropriate bid items 7-1 through 7-10. Payment for CMS shall be in accordance with
prices bid for each 24-hour period at the contract unit prices provided in Contractor’s
proposal.
13 - PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
(a)General: Except as may otherwise be provided in specific instances, nothing in the
Contract shall be constructed as vesting in the Contractor any property right in any
material, article or structure existing at the time of award of Contract within the area in
which the work is to be done; or in any material or article subsequently furnished for the
work by the Contractor. In the latter event any such material, article, structure or work
shall become the property of the agency after being so accounted for.
The Contractor shall maintain all existing roadside mailboxes and signs including, but not
limited to directional, warning, advisory, regulatory, bus stop, and street markers, in an
erect and functional position and conditional all times during the construction period in
temporary locations as designated by the Director of Public Works or his representative.
Any of these facilities which are damaged or lost shall be replaced by the Contractor at no
cost to the Agency.
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When an interfering portion of a privately owned sprinkler system is removed, heads and
other salvable material shall be carefully removed and placed on the adjacent property.
Any of the materials not wanted by the owner shall be removed from the site by the
Contractor. Removal, repair, or capping shall be as directed by the Director of Public
Works or his representative. Protection and restoration of existing improvements shall be
considered part of the various items of work and no separate compensation will be allowed
therefore.
14 - TRAFFIC STRIPING AND RAISED PAVEMENT MARKERS
(a)Pavement markings and striping shall consist of furnishing all necessary
equipment, labor, and material for doing the work of placing all traffic control markings and
striping on pavement surfaces. Paint stripe materials and application shall conform to the
Standard Specifications and the Standard Plans, issued by the State of California,
Business, Housing, and Transportation Agency, Department of Transportation, dated May
2006 (Caltrans Standard Specifications), Section 84.
Raised pavement markers and installation of same shall conform to Section 85 of Caltrans
Standard Specifications.
If the Contractor fails to apply markings within the specified time frames, the Public Works
Director at his discretion may use other forces to perform the work. The costs for others
to perform the striping and marking work, including administration, engineering, and
construction observation, will be deducted from monies owed the Contractor.
(b)The cost of this work shall be included in the lump-sum price bid for traffic striping,
signing and pavement markers, and no additional compensation will be allowed therefore.
15 - PORTLAND CEMENT CONCRETE CONSTRUCTION
The removal of existing and installation of PCC curb and gutter, spandrels, local
depression, cross gutter, sidewalk, driveways, and curbs shall be constructed in the areas
shown on the plans and as directed by the Engineer and shall comply with Subsection
303-5 of the Standard Specifications. Concrete class shall be 520-C-2500 or equivalent
for 4” walkways, and 560-C-3250, Type 5, sulfate resistant or equivalent for all other work.
The Contractor shall saw cut and remove existing PCC curb & gutter, sidewalk, driveways,
curb, asphalt, base, subgrade, and other in-place materials as necessary for construction;
prepare the subgrade; place base; and construct PCC curb & gutter, sidewalk and
driveways as indicated by the Engineer. New concrete improvements shall match existing
finish and pattern as directed. Concrete shall be placed within 3 days of existing material
removals. Excavations shall not be left open over weekends or holidays. All subgrade
and/or adjacent fill to match finished surface where new concrete is to be placed, shall be
compacted to a relative compaction of at least 95%. Contractor shall coordinate with utility
companies for utility adjustments needed when constructing the work.
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The Contractor shall install steel plates over driveways to maintain access at all times
when there is open excavation. Payment for provision, installation, maintenance, and
removal of steel plates shall be included in the bid item for driveway replacement.
The Contractor shall verify, with a “smart level”, that sidewalk grades do not exceed current
disabled access requirements when marking the required saw cut removal limits and when
setting the concrete forms, prior to pouring any curb ramp locations. It shall be the
Contractor’s responsibility to supervise and utilize the proper experienced personnel to
ensure that the proper saw cut limits are established for all access ramp locations and the
City’s Representative shall not be responsible to direct the Contractor’s crews or otherwise
serve in this management capacity. The City’s Representative shall be present to verify
the concrete forms, prior to pouring any PCC construction improvements. Sidewalks shall
meet all current requirements of the Americans with Disabilities Act (ADA) and shall not
create impediments to access.
Sidewalk, driveways, curb access ramps are not to be monolithic with curb or curb & gutter
unless otherwise directed by The Engineer. Curb, however, shall be poured monolithic
with cross gutter.
It shall be the Contractor's responsibility to install curb access ramps at the designated
sites in a manner to not modify the existing surrounding parkway unless directed by the
City’s Representative and in strict compliance with the curb ramp details found in the
SPPWC (Greenbook) Standard Plan Section 111-5 which identifies maximum grades and
specific dimensions.
The Contractor shall saw cut a true, straight edge at each marked-out limit to the
satisfaction of the City Inspector.
All curb and gutter shall flow to drain to the satisfaction of the City Inspector. If the location
of a proposed curb ramp is connected to a cross gutter or spandrel, the Contractor will
not be allowed to perform a “shiner cut”, but shall remove and replace the cross gutter or
spandrel to the nearest join as directed by the City’s Representative. Spandrels shall be
replaced in their entirety. No additional payment will be allowed for curb access
ramps regardless of size and thickness to remove and replace cross gutter or
spandrel. Payment for removal and replacement of curb access ramp with cross gutter or
spandrel will be included in their respective bid items.
The Contractor shall verify, with a “smart level”, that maximum ramp and sidewalk grades
do not exceed ADA requirements when marking the required saw cut removal limits and
when setting the concrete forms, prior to pouring any curb ramp locations. It shall be the
Contractor’s responsibility to supervise and utilize the proper experienced personnel to
ensure that the proper saw cut limits are established for all access ramp locations and the
City’s Representative shall not be responsible to direct the Contractor’s crews or otherwise
serve in this management capacity. The City’s Representative shall be present to verify
the concrete forms, prior to pouring any PCC construction improvements.
Integral retaining curbs shall be constructed at the back of curb ramps as necessary to
match existing landscape grades. Retaining curbs shall be included in this bid item.
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Curb access ramps and sidewalks shall meet all ADA requirements and shall not create
impediments to access. Curb access ramp features shall include:
•Border grooves to signify change in grade
•Ramps not exceeding 1:12 slope
•Side ramps not exceeding 1:10 slope
•Turning pads of 4’x4’ minimum area and 2% cross slope maximum
•Cross slopes 2% maximum
•Bottom of ramps to be flush to gutters
•Integral retaining curbs as necessary to match to existing landscape grades
•3’x4’ truncated dome surfaces at the bottom of the ramp adjacent to the street
All PCC work must drain to grade and must pass water test.
A 1’- 3’ wide AC slot patch shall be incidental and included in the price paid for curb &
gutter or 6” PCC sidewalk. AC patch shall be full depth asphalt, 6” minimum thickness,
Type C2 PG 64-10. Edges of patch shall be neatly sawcut and sand-crack sealed upon
completion. AC shall slope into the catch basin or gutter to provide for street drainage.
The width of the AC slot patch (within the 1’ to 3’ range) shall depend on the grade and/or
elevation of the existing pavement in relation to the new curb and gutter or driveway.
Determination of the acceptable slot patch width shall be determined by the Director of
Public Works, or his authorized representative.
Payment: Payment for removal and construction of PCC curb & gutter with AC slot patch
will be at contract unit price per Linear Foot and shall include full compensation for all labor
and materials to construct curb and gutter and to furnish and place Portland cement
concrete including equipment and incidentals required to complete the work.
Payment for removal and construction of 4” and 6” PCC sidewalk over base with AC slot
patch will be at contract unit price per Square Foot and shall include full compensation for
all labor and materials to construct sidewalks, driveways and to furnish and place Portland
cement concrete, including equipment and incidentals required to complete the work.
Payment for removal and construction of 6” PCC driveway approach over base with AC
slot patch will be at contract unit price per Square Foot and shall include full compensation
for all labor and materials to construct sidewalks, driveways and to furnish and place
Portland cement concrete, including equipment and incidentals required to complete the
work.
Payment for the removal and construction of the curb access ramp shall include full
compensation for all labor and materials to construct PCC curb access ramps and
associated curbs, curb and gutter, cross gutter and spandrels, and to furnish and place
Portland cement concrete, including equipment and incidentals required to complete the
work.
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16 - DETECTABLE WARNING SURFACE
Description – Detectable work shall consist of furnishing and installing a cast in place
tactile tile module with new concrete curb ramps, and a surface mounted tactile tile module
for existing concrete curb ramps.
Materials For Cast-In-Place – Detectable warning surface shall be 3’ x 4’ Vitrified Polymer
Composite (VPC) Cast-In-Place Tactile Armor-Tile manufactured by Engineered Plastics
Inc. (800.682.2525) or approved equal. The tile shall be Dark Gray color at all locations
except near schools where the color of the tile shall be Federal Yellow.
Construction For Cast-In-Place –
A.During all concrete pouring and tile installation procedures, ensure adequate safety
guidelines are in place and that they are in accordance with the applicable industry
and government standards.
B.The physical characteristics of the concrete shall be consistent with the contract
specifications while maintaining a slump range of 4” – 7” to permit solid placement of
the Cast-In-Place Tile System. An overly wet mix will cause the Cast-In-Place System
to float, therefore under these conditions suitable weights such as 2 concrete blocks
or sandbags (25 lbs) shall be placed on each tile.
C.Prior to placement of the Cast-In-Place System, the contract drawings shall be
reviewed by the Engineer.
D.The concrete pouring and finishing operations require typical mason’s tools, however,
a 4’ long level with electronic slope readout, 25 lb weights, vibrator and small sledge
hammer with 2” x 6” x 20” wood tamping plate are specific to the installation of the
Cast-In-Place System.
E.The concrete shall be poured and finished, true and smooth to the required
dimensions and slope prior to tile placement. Immediately after finishing the concrete,
the electronic level should be used to check that the required slope is achieved. The
tile shall be placed true and square to the curb edge in accordance with the contract
drawings. The Cast-In-Place Tiles shall be tamped or vibrated into the fresh concrete
to ensure that the field level of tile is flush to the adjacent concrete surface.
F.While concrete is workable a steel trowel shall be used to trowel the concrete around
the tile perimeter of the field level of the tile.
G.During and after the tile installation and the concrete curing stage, it is imperative that
there is no walking, leaning or external force placed on the tile to rock the tile, causing
a void between the underside of the tile and concrete.
H.Following tile placement, review installation tolerances to contract drawings and
adjust tile before the concrete sets, 2 suitable weights of 25 lb each shall be placed
on each tile as necessary to ensure solid contact of tile underside of concrete.
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I.Following the curing of the concrete, the protective plastic wrap is to be removed from
the tile face by cutting the plastic with a sharp knife tight to the concrete/tile interface.
If concrete bleeding occurs, a wire brush will clean the residue without damage to the
tile surface.
Payment – Payment for each Detectable Warning Surface that is to be cast in place with
new concrete ramps shall be included in the contract unit price for PCC curb access ramp
with 3’x4’ detectable warning surface and shall be considered full compensation for all
labor, materials, including Vitrified Polymer Composite (VPC) Tile, tools, equipment and
incidentals to accomplish the work as specified herein and no additional compensation will
be allowed.
17 –CURB PAINTING AND HOUSE ADRESS NUMBERS PAINTING
The provisions of Section 310-5, “Painting Various Surfaces,” of the Standard
Specifications will apply, except as modified and supplemented below:
Before applying paint, the existing pavement surface shall be cleaned by washing,
sweeping, blowing, or vacuuming as necessary to remove moisture, dirt, grease, oils,
acids, or other foreign matter which would reduce the bond between the paint and the
pavement. After cleaning, the surface shall be rinsed with water and dried before painting.
House address painting:
Unless otherwise specified, paint shall be applied with two finish coats of white reflective
paint in the field behind gloss black numbers as specified below.
A white field with black numerals shall be painted on the curb at each address. The field
shall be fourteen inches (14”) long and six inches (6”) in height.
The numbers shall be two inches (2”) in width and four inches (4”) in height. The numbers
shall be centered in the field with a one-inch (1”) space between each. There shall be a
one-inch (1”) border at the top and bottom, and one and one half-inch (1 ½”) borders at
both ends of the house numbers.
The numbers are to be located so that the tops of all the numerals are one inch (1”) below
the top of the curb. The numbers shall be parallel with the top of the curb and the axis of
each numeral shall be perpendicular to the top of the curb.
For interior of block lots: The house number shall be painted on the curb face a distance
of three inches (3”) from the beginning of the curb transition for the driveway. The side of
the driveway on which the numbers are to be painted will vary and may be determined by
which side of the lot the driveway is on.
For corner lots: The house number will be painted on the front of the lot only. If the
driveway entrance is located on the front of the lot, then the aforementioned pattern will
be followed. However, if the driveway is on the side of the lot, the number will be painted
directly in line with the front entrance to the house.
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For lots with more than one address: The field shall be located in the same position as
indicated by the pattern but will be thirty inches (30”) long. The lowest number will be
located on the left of the field with the required border spaces, the highest number will be
located on the right side of the field with the required border spaces. A two-inch (2”)
hyphen (-) must be centered between the two (2) numbers.
No house number paintings shall be performed without specific approval at each location
by the Engineer.
Houses with custom painted numbers shall not be painted, at the direction of the Engineer.
The Contractor shall protect in place and refresh any custom painted numbers damaged
during construction.
Damaged or removed house numbers shall be replaced within one (1) week. A penalty of
$100 per day shall incur for each day thereafter.
Payment: Payment for each house address number painted shall include all work,
materials, and incidentals to complete the work in every detail as specified, and no
additional compensation will be provided therefor.
18 - APPURTENANT WORK
All items in the Bid Schedule are for construction completed in place, including all
incidentals, appurtenant work and materials necessary for the satisfactory completion of
the work. Full payment shall be considered as the bid prices for the items of work, and no
additional compensation will be made therefor.
19 - COMPACTION TESTING
The City of Rancho Palos Verdes will provide all necessary soils compaction testing for
this contract, except for work that has to be redone as noted below.
The Contractor's requests for compaction testing shall be made to the Director of Public
Works a minimum of 2 working days prior to the time required for such work. The
Contractor, at his expense, shall excavate the holes for all of the tests, backfill the holes
and compact this backfill, and pave the surface, if required, after the test.
Compaction tests on the subgrade which meet the specified requirements will be at the
City's expense. All compaction tests which do not meet the specified compaction
requirements will be at the Contractor's expense, with no compensation therefore.
20 - GUARDRAIL
Guardrail work shall be completed within seven (7) business days from the moment the
work order was issued. The removal of existing and installation of Metal Beam Guard
Railing shall be performed in the areas shown on the plans and as directed by the
Engineer. Metal beam guard rail shall be per 2010 Caltrans Standard Plan A77A1 and
shall be installed with wood posts and blocks. Wood posts and wood blocks shall be per
Caltrans Standard Plan A77C1.
C-61
SP - 33
Remove and Replace Guardrail and Posts
The Contractor shall sawcut and remove existing asphalt concrete, native material, PCC
material, aggregate, and other in-place materials as necessary for construction; prepare
the subgrade; install metal beam guard railing with wood posts and blocks where noted
and as shown per detail drawings, backfill and compact with native soil, and replace
pavement where present. Guardrail, posts, and blocks must be installed on the same
day that existing material is removed. Contractor shall coordinate with utility companies
for utility adjustments needed when constructing the work.
If new wood posts and blocks are to be installed with new metal beam guard railing, there
will not be a separate payment to install the wooden posts and blocks. It shall be included
in the Linear Foot unit price to install metal beam guard railing and no additional
compensation will be allowed.
The beginning and end of the guard rail installation shall be per Caltrans Standard Plan
A77H1. Anchor cable, cable connection end plate, anchor plate, and all other required
materials as shown in the detail shall be incidental and shall be included in the price paid
for guard rail, and no additional compensation will be allowed.
Exact location of guardrail repair shall be determined in the field with the Engineer or
authorized person in charge. Replacement of any AC, PCC, or any other in-place materials
shall be incidental and shall be included in the price paid for guardrail, and no additional
compensation will be allowed.
Guardrail End Treatments
Contractor shall install either full round guardrail end treatments (TL-2) or the tangent
guardrail end treatments (TL-3), per the direction of the Engineer. Full round guardrail end
treatments shall be Terminal End, Type C manufactured by C&W Construction
Specialties, Inc or approved equal.
Wood Post and Blocks Only
In some locations, the metal beam guardrail is in good condition and shall be reused or
kept in place; only the wooden posts and blocks need to be replaced. The Contractor shall
sawcut and remove existing asphalt concrete, native material, PCC material, subgrade,
and other in-place materials as necessary for construction; prepare the subgrade; install
new wood posts and blocks; and attach the existing guardrail to the new wood posts and
blocks. Contractor shall also provide as needed any additional bolts, nuts, washers and
other materials as necessary to attach guardrail, wood posts and blocks, and those
materials shall be incidental and included in the price paid for wood posts and blocks.
Salvaging Existing Guardrail and Posts
All existing guard rail, wood posts and blocks, and end treatments that are removed and
are still in good condition and acceptable to the City, shall be transported by the Contractor
to the City Yard. Transportation of existing materials shall be incidental and shall be
included in the price paid for guard rail, and no additional compensation will be allowed
therefor. Disposal of damaged wood posts and blocks shall be included in the price paid
for guard rail, and no additional compensation will be allowed therefor.
Payment: Payment for removal of existing and installation of metal beam guard railing will
be at contract unit price per Linear Foot installed (any overlap will not be measured twice)
and shall include full compensation for all labor and materials to install metal beam guard
rail with associated wood posts, blocks, and end anchor assembly, including equipment
and incidentals required to complete the work.
C-62
SP - 34
Payment for removal of existing and installation of full round guardrail end treatment will
be at the contract unit price per Each and shall include full compensation for all labor and
materials to construct full round guardrail end treatment, including equipment and
incidentals required to complete the work.
Payment for removal of existing and installation of wooden posts and blocks will be at the
contract unit price per Each and shall include full compensation for all labor and materials
to construct wooden posts and blocks, including equipment and incidentals required to
complete the work.
21 – CONTRACT UNIT PRICES
Delete SSPWC Section 3-2.2.1 through 3-2.2.3. The City reserves the right to adjust unit
quantities and scope of work as necessary to meet project and budgetary requirements.
END OF SECTION
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01203.0006/300349.1
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.
C-64
P - 1 01203.0006/300349.1
PROPOSAL
CITY OF RANCHO PALOS VERDES
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
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 unit prices or lump-sum price as submitted on the Schedule attached hereto:
The bidder shall submit as part of this proposal a completed copy of the Contractor’s Industrial
Safety Record.
Accompanying this proposal is (Insert
“$ “cash,” “Cashier’s Check,” “certified check,” or “Bid Bond,” as the case may
be) in the amount equal to at least ten percent (10%) of the total aggregate bid price hereof based
on the quantities shown and the unit prices quoted in the Bid Schedule.
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,
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P - 2 01203.0006/300349.1
also names of president, secretary, treasurer, and manager thereof. Two notarized officer’s
signatures and the corporate seal are required for corporations.
Legal Business Name:
Address:
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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P - 3 01203.0006/300349.1
CITY OF RANCHO PALOS VERDES
BID SHEET
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
Bidder’s Name:
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
ROADWAY MAINTENANCE CONTRACT FISCAL YEARS 2024-2025 THROUGH 2028-2029
in accordance with the specifications and plans for demolition, construction and installation 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:
LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL
COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY
INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. SURVEY, GRADING,
AND BMPS SHALL BE CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO
ADDITIONAL PAYMENTS WILL BE MADE.
The quantities reflected on the plans and in the bid-sheets are representative of the amount of
work for each item on the project but are not final quantities to be used for computing payment.
Payment will be based on the measurement of actual work completed. The contractor must notify
in writing to the project manager of all discrepancies between actual bid quantities and those
shown in the bid document prior to commencement of work in any area of the project.
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P - 4 01203.0006/300349.1
BID SCHEDULE
PORTLAND CEMENT CONCRETE
ITEM
NO DESCRIPTION ESTIMATE
QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
1-1
Remove and replace 6"concrete
curb and gutter per location.
(1 - 50 LF) Per SPPWC Std Plan 120-3
50 LF
1-2
Remove and replace 6" concrete
curb and gutter per location.
(51 - 200 LF) Per SPPWC Std Plan 120-3
100 LF
1-3
Remove and replace 6" concrete
curb and gutter per location per
additional over 200 LF.
Per SPPWC Std Plan 120-3
20 LF
1-4 Remove and replace 8"concrete curb
and gutter per location.
(1 - 50 LF) Per SPPWC Std Plan 120-3
50 LF
1-5 Remove and replace 8" concrete curb
and gutter per location.
(51 - 200 LF) Per SPPWC Std Plan 120-
3
200 LF
1-6 Remove and replace 8" concrete curb
and gutter per location per additional
over 200 LF.
Per SPPWC Std Plan 120-3
200 LF
1-7 Remove and replace 4" concrete
sidewalk (1 - 400 SF ) Per SPPWC Std
Plan 112-2 &113-2
400 SF
1-8 Remove and replace 4" concrete
sidewalk (401 - 800 SF ) Per SPPWC
Std Plan 112-2 &113-2
600 SF
1-9
Remove and replace 4" concrete
sidewalk per location per additional
over 800 SF. Per SPPWC Std Plan 112-
2 & 113-2
300 SF
1-10
Remove and replace 6" concrete
sidewalk / Drive Approach
( 1 - 400 SF ) Per SPPWC Std Plan 112-2 &
113-2
300 SF
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P - 5 01203.0006/300349.1
1-11
Remove and replace 6" concrete
sidewalk/Drive Approach
(401 - 800 SF) Per SPPWC Std Plan
112-2 &113-2
400 SF
1-12
Remove and replace 6" concrete
sidewalk / Drive Approach
(801 SF and above) Per SPPWC Std Plan
112-2 &113-2
400 SF
1-13 ADA RAMP - Remove and Replace
with compliant ramp. Per SPPWC Std
Plan 111-5
5 EA
ASPHALT CONCRETE ( AC )
ITEM
NO DESCRIPTION ESTIMATE
QUANTITY UNIT UNIT
PRICE
EXTENDED
AMOUNT
2-1
4" Asphalt Remove and reconstruct per
location (1 - 500 SF) Per SSPWC 2,000 SF
Per additional inch in depth of asphalt
removal and replacement (1-500 SF ) Per
SSPWC
250 SF
2-2
4" Asphalt Remove and reconstruct per
location (501 to 1,500 SF ) Per SSPWC 1,500 SF
Per additional inch in depth of asphalt
removal and replacement
(501 to 1,500 SF) Per SSPWC
500 SF
2-3
4" Asphalt Remove and reconstruct per
location (1,501 SF and above) Per SSPWC 1,600 SF
Per additional inch in depth of asphalt
removal and replacement
(1,500 SF and above ) Per SSPWC
100 SF
2-4
2" AC Cold mill (1 - 500 SF ) Per SSPWC 500 SF
2" AC fill - ( 1 - 500 SF ) Per SSPWC 500 SF
2-5
2" AC Cold mill ( 501 - 1,000 SF) Per SSPWC 500 SF
2" AC fill - ( 501 - 1,000 SF) Per SSPWC 500 SF
2-6 2" AC Cold mill ( 1001 - 5,000 SF) Per SSPWC 1,500 SF
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P - 6 01203.0006/300349.1
2-7 2" AC fill ( 1001 - 5,000 SF) Per SSPWC 2,000 SF
2-8
2" AC Cold mill (5,001 - 10,000 SF) Per SSPWC 2,000 SF
2" AC fill (5,001 - 10,000 SF) Per SSPWC 2,000 SF
2-9
Each 1" over 2" additional cold mill Per
SSPWC
750 SF
Each 1" over 2" additional AC fill Per SSPWC 750 SF
2-10
2" AHRM Cold mill (1 - 500 SF) Per SSPWC 750 SF
2" AHRM Cap (1 - 500 SF) Per SSPWC 750 SF
2-11
2" AHRM Cold mill (501 - 1,500 SF) Per
SSPWC
750 SF
2" AHRM Cap Per SSPWC 750 SF
2-12 Skin patch with "Sheet mix" 0.5" to 1" in
thickness (1 - 100 SF) Per SSPWC 200 SF
2-13 Skin patch with "Sheet mix" 0.5" to 1" in
thickness (101 to 500 SF) Per SSPWC 500 SF
2-14 Skin patch with "Sheet mix" 0.5" to 1" in
thickness (501 to 1,000 SF) Per SSPWC 1,000 SF
2-15 Skin patch with "Sheet mix" 0.5" to 1" in
thickness (1,001 to 2,000 SF) Per SSPWC 1,500 SF
2-16
Skin patch with "Sheet mix" 0.5" to 1" in
thickness (Each additional SF above 2,000)
Per SSPWC
1,000 SF
CURB PAINTING AND HOUSE ADDRESS PAINTING
ITEM NO DESCRIPTION ESTIMATE
QUANTITY
UNIT UNIT PRICE
EXTENDED
AMOUNT
3-1 Curb Painting (1 - 100 LF) per Section 17 of the
Special Provisions
50 LF
3-2 Curb Painting (100 - 500 LF) per Section 17 of
the Special Provisions
50 LF
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3-3 Curb painting - (Above 500 LF) per Section 17
of the Special Provisions
50 LF
3-4 House Address number painting (0-50 EA)
per Section 17 of the Special Provisions
25 EA
CRACK FILLING
ITEM
NO DESCRIPTION ESTIMATE
QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
4-1 Residential street - Half Day crack
fill - Fill cracks from 1/8" to 1" per
SSPWC
2 EA
4-2 Residential street - Full day crack fill
- Fill cracks from 1/8" to 1" per
SSPWC
9 EA
4-3 Arterial street - Half Day crack fill -
Fill cracks from 1/8" to 1" per
SSPWC
2 EA
4-4 Arterial street - Full day crack fill -
Fill cracks from 1/8" to 1" per
SSPWC
2 EA
STORM DRAIN
ITEM NO DESCRIPTION ESTIMATE
QUANTITY
UNIT UNIT PRICE
EXTENDED
AMOUNT
5-1 SPPWC Detail 300-4 - Curb opening
catch basin; W=3.5' and V=6' 1 EA
5-2
SPPWC Detail 301-4 - Curb opening
catch basin with grating(s) and
debris skimmer
W=7' and V=4'
1 EA
5-3
SPPWC Detail 302-4- Curb opening
catch basin with grating(s)
2 grates and V=4'
1 EA
5-4
SPPWC Detail 303-4 Curbside
grating catch basin; 2 grates and
V=4'
1 EA
5-5 SPPWC Detail 313-4 - W=7' Local
Depression at Catch Basins 1 EA
GUARD RAILING
ITEM NO DESCRIPTION ESTIMATE
QUANTITY
UNIT UNIT
PRICE
EXTENDED
AMOUNT
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6-1
Remove existing and install full
round guardrail including wood
posts and blocks (Straight railing)
per Caltrans Std. Plan A77L1
200 LF
6-2
Remove existing and install full
round guardrail including wood
posts and blocks (Curved railing)
per Caltrans Std. Plan A77L1
600 LF
6-3 Remove existing and install (full
Round) TL-2 guardrail end
treatment per Caltrans Authorized
Material List
5 EA
6-4 Remove existing and install TL-3
guardrail end treatment per
Caltrans Authorized Material List
5
6-5 Remove and install wooden posts
and blocks 10 EA
6-6 Install new guardrail delineators per
Caltrans Std. Plan A73C
50 EA
TRAFFIC CONTROL
ITEM
NO DESCRIPTION ESTIMATE
QUANTITY UNIT UNIT
PRICE
EXTENDED
AMOUNT
7-1 Half day one-lane closure on arterial
/ Collector road per Part 6 (Temporary
Traffic Control) of MUTCD 11th Edition
6 EA
7-2 Full Day one-lane closure on arterial /
collector road per Part 6 (Temporary
Traffic Control) of MUTCD 11th
Edition
6 EA
7-3 Half day flagging operations for
arterial/collector road per Part 6
(Temporary Traffic Control) of MUTCD
11th Edition
6 EA
7-4 Full day flagging operations for
arterial/collector road per Part 6
(Temporary Traffic Control) of MUTCD
11th Edition
6 EA
7-5 Full day traffic control on residential
road per Part 6 (Temporary Traffic
Control) of MUTCD 11th Edition
6 EA
7-6 Half day flagging operations for
residential roadway per Part 6
(Temporary Traffic Control) of MUTCD
6 EA
EA
C-72
P - 9 01203.0006/300349.1
11th Edition
7-7 Full day flagging operations for
residential roadway per Part 6
(Temporary Traffic Control) of MUTCD
11th Edition
6 EA
7-8
Engineered traffic control plan per
sheet for work/staging on City right-
of-way on arterial or collector roads
per Part 6 (Temporary Traffic Control)
of MUTCD 11th Edition
6 EA
7-9 Changeable message board -
Delivered and set up per Part 6
(Temporary Traffic Control) of
MUTCD 11th Edition
6 EA
LABOR AND EQUIPMENT
ITEM NO DESCRIPTION ESTIMATE
QUANTITY
UNIT UNIT PRICE
EXTENDED
AMOUNT
8-1 Foreman 100 HR
8-2 Laborer 200 HR
8-3 Vacuum sweeper truck with a hopper
Capacity of 7 CY
8 HR
8-4 Pickup truck (Half ton) 8 HR
8-5 Crew truck (Three Quarter Ton) 8 HR
8-6 Crew truck (One Ton) 8 HR
8-7 Compressor with 90 LB Jack Hammer 8 HR
8-8 John Deere 310L Backhoe or
equivalent with Operator
8 HR
8-9 54-inch Asphalt Compaction Double
Drum Roller with Operator
8 HR
8-10 4 Yard Capacity Skip Loader with
Operator
8 HR
8-11 3 Yard Dump truck With Laborer 8 HR
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8-12 6 Yard Dump truck With Laborer 8 HR
8-13 10 Yard Dump truck With Laborer 8 HR
8-14 6,000 Lbs. Mini Excavator w/Cab 8 HR
8-15 35,000-39,000 Lbs. Hydraulic
Excavator
8 HR
8-16 12” cut path sidewalk grinder with
Laborer
200 HR
8-17 1500-2000 lbs. Skid steer with
operator
8 HR
8-18 1500-2000 lbs. Skid steer with 12"-24"
Asphalt/Concrete Planer Attachment
and Operator
8 HR
8-19 30 in Walk Behind Saw cuter with
operator
50 HR
STRIPING AND PAVEMENT MARKINGS
ITEM NO DESCRIPTION ESTIMATE
QUANTITY
UNIT UNIT PRICE
EXTENDED
AMOUNT
9-1 Thermoplastic Legends SPEED LIMIT
(White)
10 EA
9-2 Thermoplastic Legends STOP (White) 10 EA
9-3 Thermoplastic Legends STOP AHEAD
(White)
10 EA
9-4 Thermoplastic Legends ARROW-RIGHT
or LEFT (White)
10 EA
9-5 Thermoplastic Striping 4" SKIP WHITE
LANE LINE - CAL TRANS (Detail 12)
500 LF
9-6 Thermoplastic YELLOW 12" CROSS
WALK & 24" CROSSHATCHING
600 SF
9-7 Thermoplastic Striping WHITE 12"
STOP BAR
200 LF
9-8 Thermoplastic Striping 8" SOLID
WHITE LANE LINE - CAL TRANS (Detail
38-A)
500 LF
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9-9 Thermoplastic Striping 4" SOLID
DOUBLE YELLOW CENTERLINE - CAL
TRANS (Detail 21)
500 LF
9-10 Paint Legends SPEED LIMIT (White) 2 EA
9-11 Paint Legends STOP (White) 2 EA
9-12 Paint Legends STOP AHEAD (White) 2 EA
9-13 Paint Legends ARROW-RIGHT or LEFT
(White)
2 EA
9-14 Paint Striping 4" SKIP WHITE LANE
LINE - CAL TRANS (Detail 12)
100 LF
9-15 Paint YELLOW 12" CROSS WALK & 24"
CROSSHATCHING
2 EA
9-16 Paint Striping WHITE 12" STOP BAR 50 LF
9-17 Paint Striping 8" SOLID WHITE LANE
LINE - CAL TRANS (Detail 38-A)
100 LF
9-18 Paint Striping 4" SOLID DOUBLE
YELLOW CENTERLINE - CAL TRANS
(Detail 21)
100 LF
TOTAL BASE BID SCHEDULE IN NUMBERS:
TOTAL BASE BID SCHEDULE IN WORDS:
The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE
BID.
Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall
not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications.
Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the
unit prices provided above by the Bidder shall be applied to the final quantity when payment is
calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the
right to not use any of the estimated quantities, and if this right is exercised, the Contractor will
not be entitled to any additional compensation. Cost of all export of material shall be included in
the above unit costs; no additional compensation will be granted for such expenses. The Contract
shall be awarded to the lowest responsible Bidder based on the total Bid price. This proposal shall
include provision for at-risk youth employment per specifications.
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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:
Bidder shall be properly licensed at the time of bid submission or the bid shall be
considered non-responsive and shall be rejected.
(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:
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P - 13 01203.0006/300349.1
List at least three similar projects completed as of recent date:
Contract
Amount Class of Work
Date
Completed
Name, Address of Owner, & Telephone
No.
(12)NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized
financial statement, financial data, construction experience, or other information.
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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: $
C-78
P - 15 01203.0006/300349.1
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.)
C-80
P - 17 01203.0006/300349.1
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,
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and finality of such citations shall be subject to Sections 7028.7 to 7028.13
inclusive. Any contract awarded to, or any purchase order issued to, a contractor
who is not licensed pursuant to this chapter is void.
(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 $10,000, whichever is greater. If all
Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
California
Contractor’s
License California DIR Type of
Name under which Number(s) Contractor Work Percentage
Subcontractor is Licensed and Registration (e.g., of Total Bid
and Registered Class(es) Number Address and Phone Number Electrical) (e.g., 10%)1
1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).
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Contractor’s INDUSTRIAL SAFETY RECORD FORM
Bidder’s Name
Current
Year of
Record
2023 2022 2021 2020 2019 Total
Number of contracts
Total dollar amount of
contracts (in
thousands of dollars)
Number of fatalities
Number of lost workday
cases
Number of lost
workday cases
involving permanent
transfer to another job
or termination of
employment
The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that
the information is true and accurate within the limitations of those records.
Signature:
Title:
Date:
Signature:
Title:
Date:
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BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the (“Public
Agency”), has issued an invitation for bids for the work described as follows:
ROADWAY MAINTENANCE CONTRACT
FISCAL YEARS 2024-2025 THROUGH 2028-2029
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to
furnish a form of bidder’s security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), 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.
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IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the
date set forth below, the name of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
By:
Its:
“Surety”
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
PROPOSER/BIDDER STATISTICAL INFORMATION FORM
All proposers/bidders responding to the solicitation must complete and submit this form in order for their proposer or bid to be
considered. The information requested in the form will be used solely for statistical purposes. The contract(s) and/or subcontract(s)
will be awarded without regard to gender, race, color, creed, or national origin.
1.Type of business entity:□Sole partnership □Nonprofit organization
□Partnership □Franchise□Corporation □Limited Liabllity Corporation
□Other:
2.Total number of employees in firm/organization, including owners:
3.Break down the total number of employees in your firm/organization Into the following categories:
Owners, Partners, and
Associate Partners
Race/Ethnicity Male Female Managers Staff
Black/ African-American
Hispanic/ Latino
Asian-American/ Pacific Islander
American Indian / Alaska Native
Filipino American
White
Other
4.Indicate, by percentage, how ownership of the firm/organization is distributed:
Asian- American
Black/
African-
Hispanic/
American /
Pacific
Indian/
Alaskan Filipino-
American Latino Islander Native American White Other
Men
Women
5.If your firm is currently certified as a Minority IMBE), Women (WBE), Disadvantaged (DBE), and/or Disabled Veteran (DVBE)
Business Enterprise by a public agency, indicate the Business Enterprise certification of your firm, the certifying agency, and the
expiration date ofthe certification:
MBE WBE DBE DVBE Name of Certifying Agency Expiration Date
□ □ □ □
□ □ □□
□ □ □ □
□ □ □ □
□ □ □ □
□□ □ □
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CHECKLIST FOR EXECUTION OF PUBLIC WORKS CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
□Two Executed Notarized Copies of the Agreement (Attached) – Note: Attached Agreement
is only a sample. A finalized Agreement will be provided to the successful bidder.
□Performance Bond in Amount of Contract (Attached)
□Payment 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
□Additional Insured Endorsement - Comprehensive General Liability (Attached)
□Additional Insured Endorsement - Automobile Liability (Attached)
□Additional Insured Endorsement - Excess Liability (Attached)
□Business License with the City of Rancho Palos Verdes
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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 , 2024 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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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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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
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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 $______ (________________ 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
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attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of
a written notice to proceed and shall perform all services within the time period(s) established in
the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
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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:
________________________ ________________________
(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. Additional Insurance as referenced in Section 5.2(a) below shall provide coverage for
both ongoing and completed operations, and shall provide for both a defense and indemnity of the
City.
(b)Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
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to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c)Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $3,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
five (5) years after completion of the services required by this Agreement.
(d)Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e)Umbrella or excess liability insurance. Contractor shall obtain and maintain
an umbrella or excess liability insurance that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverages set forth above,
including commercial general liability and employer’s liability. Such policy or policies shall
include the following terms and conditions:
• Pay on behalf of wording as opposed to reimbursement;
• Concurrency of effective dates with primary policies;
• Policies shall “follow form” to the underlying primary policies; and
•Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
(f)Pollution liability insurance. Environmental Impairment Liability Insurance
shall be written on a Contractor’s Pollution Liability form, or other form acceptable to the City,
providing coverage for liability arising out of sudden, accidental and gradual pollution and
remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the
aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the
policy as “covered operations.” The policy shall provide coverage for the hauling of waste from
the project site to the final disposal location, including non-owned disposal sites.
(g)Builder’s risk insurance. Upon commencement of construction and with
approval of City, Contractor shall obtain and maintain builder’s risk insurance for the entire
duration of the Project until only the City has an insurable interest. The Builder’s Risk coverage
shall include the coverages as specified below.
The named insureds shall be Contractor and City, including its officers,
officials, employees, and agents. All Subcontractors (excluding those solely responsible for design
Work) of any tier and suppliers shall be included as additional insureds as their interests may
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
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proceeds from the builder’s risk policy shall be made payable to the City. The City will act as a
fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the
completed value of the project. There shall be no coinsurance penalty or provisional limit provision
in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty
workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2)
coverage against machinery accidents and operational testing; (3) coverage for removal of debris,
and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all
other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent
rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by
the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value
of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or
supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value
of any property or equipment stored either on or off the Site or any staging area. Such insurance
shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be
submitted to the Agency prior to commencement of construction.
(h)Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
City shall be an additional insured on all subcontractor polices pursuant to this Section 5.1 and
Section 5.2 below.
(i)Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a)Proof of insurance. Contractor shall provide additional insured
endorsements to City as evidence of the insurance coverage required herein, along with a waiver
of subrogation endorsement for workers’ compensation. Certificates of Insurance will not be
acceptable. Endorsements must be approved by City’s Risk Manager prior to commencement of
performance. Current Endorsements and Declarations pages shall be kept on file with City at all
times during the term of this Agreement. City reserves the right to require complete, certified
copies of all required insurance policies, at any time. In the event the City makes such a request,
Contractor shall immediately provide the requested policies and provide any such Privacy Act
release required by the City to Contractor’s insurers relative to policy information.
(b)Duration of coverage. Unless a longer or shorter term is specified herein
with respect to a specific type of insurance, Contractor shall procure and maintain for the duration
of this Agreement all of the insurance required by this Agreement.
(c)Products/completed operations coverage. Products/completed operations
coverage shall extend a minimum of three (3) years 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
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on behalf” of the insured. Policy shall contain no language that would invalidate or remove the
insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City, its officials,
officers, agents, and employees, shall be included as additional insureds under the Products and
Completed Operations coverage.
(d) Primary/noncontributing. For insurance required by Section 5.1(a) and (b)
coverage provided by Contractor shall be primary and any insurance or self-insurance procured or
maintained by City shall not be required to contribute with it. The limits of insurance required
herein may be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall comply with the Proof of Insurance requirements of paragraph
5.2(a), and must contain or be endorsed to contain a provision that such coverage shall also apply
on a primary and non-contributory basis for the benefit of City before the City’s own insurance or
self-insurance shall be called upon to protect it as a named insured.
(e)City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(f)Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(g)Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(h)Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(i)Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
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,
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the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(j)Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(k)Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l)Separation of insureds. Commercial General Liability and Automobile
policies shall contain a severability of interests provision must apply for all additional insureds
ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall
not contain any cross-liability exclusions.
(m)Pass through clause. Contractor agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with consultants, subcontractors,
and others engaged in the project will be submitted to City for review.
(n)Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o)Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City. Contractor shall be responsible for immediately satisfying
any deductible, retained limit or self-insured retention in order for the City to be afforded an
immediate defense.
(p)Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies. City’s failure to promptly tender defense directly to any insurer shall not be considered
“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
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to Contractor’s acts or omissions in the performance of this Agreement shall be considered
“voluntary.”
(q)Additional kinds of insurance. Contractor shall also procure and maintain,
at its own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a)Contractor will upon tender of defense by the City, immediately
defend any action or actions filed in connection with any of said claims or liabilities and will pay
all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith.
Contractor expressly waives any contention that an immediate defense obligation does not arise
pursuant to any provision of the California Civil Code and/or Crawford v. Weathershield (2008)
44 Cal.4th 541, or its progeny.
(b)Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c)In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
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Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate the provisions of this Section 5.3 in all indemnity
agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to
indemnify City hereunder therefore, and failure of City to monitor compliance with these
provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising
from any negligent or wrongful act, error or omission, or reckless or willful misconduct of
Contractor in the performance of professional services and work hereunder. The provisions of this
Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful
acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities
resulting in part from City’s negligence, except that design professionals’ indemnity hereunder
shall be limited to claims and liabilities arising out of the negligence, recklessness or willful
misconduct of the design professional. The indemnity obligation shall be binding on successors
and assigns of Contractor and shall survive termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a)A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance of this
Agreement.
(b)A labor and materials bond in the amount of the Contract Sum of
this Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and
materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated “A” or better in the most recent edition
of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
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of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a)Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
(b)the Work has been accepted; and
(c)after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise
as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
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providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the “documents and
materials”) prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a)information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b)Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
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response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c)If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d)Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes.
(a)Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may
be extended, though not reduced, if circumstances warrant. During the period of time that
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during the period of default. If Contractor does not
cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed
to result in a waiver of the City’s legal rights or any rights arising out of any provision of this
Agreement.
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(b)Dispute Resolution. This contract is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
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
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obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905
et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable, in addition to any liquidated damages
pursuant to paragraph 5.2(b) above, for and shall pay to the City the sum of
___________________________ Dollars ($_________) as liquidated damages for each working
day of delay in the performance of any service required hereunder, as specified in the Schedule of
Performance (Exhibit “D”). The City may withhold from any monies payable on account of
services performed by the Contractor any accrued liquidated damages. Pursuant to Government
Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion
of the project when such delay was caused by the failure of the public agency or owner of the
utility to provide for removal or relocation of utility facilities.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right to terminate
this Contract at any time, with or without cause, upon fourteen (14) days’ written notice to
Contractor, except that where termination is due to the fault of the Contractor, the period of notice
may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
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
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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
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
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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.
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.
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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
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 _______
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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
____________________________________
Eric Alegria, Mayor
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONTRACTOR:
____________________________________
By: _______________________________
Name:
Title:
By: _________________________________
Name:
Title:
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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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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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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EXHIBIT “A”
SCOPE OF WORK
I.Contractor shall perform all of the work and comply with all of the specifications and
requirements in the “General Provisions” and “Special Provisions” included in the bid
documents for the project entitled
_____________________________________________, including any documents or
exhibits referenced therein.
II.Brief description of the work to be performed:
III.In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised of the status of performance by delivering the following status
reports:
A.
B.
C.
IV.All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V.Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH), latest edition.
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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:
II.A retention of five percent (5%) shall be held from each payment as a contract retention to
be paid as part of the final payment upon satisfactory completion of services.
III.Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item’s subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.10.
IV.The City will compensate Contractor for the Services performed upon submission of a
valid invoice. Each invoice is to include:
A.Line items for all personnel describing the work performed, the number of hours
worked, and the hourly rate.
B.Line items for all materials and equipment properly charged to the Services.
C.Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
D.Line items for all approved subcontractor labor, supplies, equipment, materials, and
travel properly charged to the Services.
V.The total compensation for the Services shall not exceed $___________ as provided in
Section 2.1 of this Agreement.
C-125
01203.0006/770637.1 C - 33
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I.Contractor shall perform all work within _____________________________ starting on
the Notice to Proceed date. Prior to the Notice to Proceed, the Contractor must submit a
project schedule for approval.
II.Short summary of the work:
III.Contractor shall deliver the following tangible work products to the City by the following
dates.
A.Daily Reports will be delivered to the City weekly. Daily Reports must be delivered
and accepted prior to any progress payment up until the date that work is being
invoiced for.
B.Certified payroll will be delivered to the City biweekly. Certified payroll must be
delivered and accepted prior to any progress payment up until the date that work is
being invoiced for.
IV.The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
C-126
01203.0006/770637.1 C - 34
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), 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)
Any claims under this bond may be addressed to:
C-127
01203.0006/770637.1 C - 35
(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.
C-128
01203.0006/770637.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the
total Contract price, lawful money of the United States of America, for payment of which sum
well and truly be made we bind ourselves, our heirs, executors, administrators, and
successors, jointly and severally, firmly by these presents. In case suit is brought upon this
bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by
the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for
any work, materials, services, provisions, provender, or other supplies, or for the use of
implements of machinery, used in, upon, for, or about the performance of the work to be
done, or for any work or labor thereon of any kind; (2) for work performed by any of the
persons named in Civil Code Section 9100; (3) for any amounts due under the
Unemployment Insurance Code with respect to work or labor performed under the contract;
and/or (4) for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department from the wages of employees of the Contractor
and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code
with respect to such work and labor, then the Surety herein will pay for the same in an
amount not exceeding the sum specified in this bond, otherwise the above obligation shall
be void.
This bond shall inure to the benefit of any of the persons named in Civil Code
Section 9100 so as to give a right of action to such persons or their assigns in any suit
brought upon the bond. Moreover, if the City or any entity or person entitled to file stop
payment notices is required to engage the services of an attorney in connection with the
enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with
or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration, or modification of the Contract Documents or of the work to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby
waive notice of such change, extension of time, alteration, or modification of the Contract
Documents or of the work to be performed thereunder.
Executed on , 20____.
C - 36 C-129
01203.0006/770637.1
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.
C - 37 C-130
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)
C - 38 C-131
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.
C - 39 C-132
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 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.
C - 40
C-133
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)
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)
C -41 C-134
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 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.
C - 42 C-135
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)
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)
C - 43
C-136
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 beprimary 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 AdditionalInsured 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 claimby 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 theterms, 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 AdditionalInsureds, 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.
8.It is hereby agreed that the laws of the State of California shall apply to and govern thevalidity, construction, interpretation, and enforcement of this contract of insurance.
C - 44 C-137
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 containedherein 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)
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)
C- 45 C-138