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CC SR 20240917 K - Peacock Ridge Construction Contract CITY COUNCIL MEETING DATE: 09/17/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve the Storm Drain Improvements at Peacock Ridge Project. RECOMMENDED COUNCIL ACTION: (1) Approve the plans, specifications, and construction documents for the Storm Drain Improvements at Peacock Ridge Project; (2) Award a construction contract for the Storm Drain Improvements at Peacock Ridge Project to OrangeBlue, in the amount of $203,600, with a contingency of 10%, or $20,400, for a total amount of up to $224,000; and (3) Authorize the Mayor and City Clerk to execute the contracts, in forms approved by the City Attorney. FISCAL IMPACT: If approved, the recommendations will result in a fiscal impact of up to $224,000, which is included in the approved Fiscal Year (FY) 2024-25 Capital Improvement Program (CIP) budget. VR Amount Budgeted: $285,000 Additional Appropriation: Not Applicable Account Number(s): 330-400-8723-8802 (CIP Fund – Storm Drain Improvements - Construction) 330-400-8723-8001 (CIP Fund – Storm Drain Improvements – Prof/Tech) 330-400-8723-8006 (CIP Fund – Storm Drain Improvements - Inspection) VR ORIGINATED BY: Jeremiah Sunwoo, Associate Engineer REVIEWED BY: Ramzi Awwad, Public Works Director APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Construction Contract with OrangeBlue for the Peacock Ridge Drainage Improvements Project (page A-1) 1 B. Construction Proposal by OrangeBlue for the Storm Drain Improvements at Peacock Ridge Project (Page B-1) C. Plans, Specifications, and Construction Documents for the Storm Drain Improvements at Peacock Ridge Project (Page C-1) D. CIP Sheet for the Storm Drain Improvements at Peacock Ridge Project (Page D-1) BACKGROUND: The existing 12-inch storm drain situated within a cul-de-sac in the 5900 block of Peacock Ridge Road collects runoff from Peacock Ridge Road and channels it downstream onto Scotmist Drive, south of Peacock Ridge Road. The segment of storm drain that connects Peacock Ridge Road to Scotmist Drive is approximately 150 linear feet. Based on initial investigation by the City, the lower pipe segment has collapsed and is no longer effectively managing runoff on Peacock Ridge Road, as shown in Figure 1. To restore proper drainage to the area, the City Council approved the Storm Drain Improvements at Peacock Ridge Project as part of the FY 2024-25 CIP (Attachment D). On January 16, 2024, the City Council awarded a Professional Services Agreement (PSA) to BKF Engineers for the preparation of plans, specifications, and construction cost estimates to replace the storm drain (Attachment C). Since the early stages of design development, Staff have conducted outreach to residents living in close vicinity of the project, including the homeowners association of the Peacock Ridge Condominium complex. Staff will continue to provide regular project status updates to residents, including any necessary coordination during construction . DISCUSSION: On July 25, 2024, the City issued a Notice Inviting Bids on the PlanetBids platform for a cost to construct the Storm Drain Improvements at Peacock Ridge Project. Seven bids were received by the deadline of August 23, 2024, as shown in Table 1. Figure 1: Photograph of localized flooding at the inlet at the side located on 5900 block of Peacock Ridge Road 2 Table 1: Peacock Ridge Drainage Improvements Bid Results Bidder Bid Amount Asad Holdings, LLC (dba OrangeBlue) $ 203,600 TTS Engineering, Inc. $ 245,163 Mendoza Engineering Company $ 259,414 HZS Engineering, Inc. $ 297,312 Clarke Constracting Corporation $ 299,271 ISSA Electric, Inc. $ 307,000 Grbcon, Inc. $ 693,750 The lowest apparent responsible and responsive bidder was OrangeBlue with a bid in the amount of $203,600 (Attachment B). The City evaluated the bid and found OrangeBlue to be a qualified firm. Table 2 shows a budget summary of the project. Table 2: Peacock Ridge Drainage Improvements Project Budget Summary 8723 - Storm Drain Improvements at Peacock Ridge Road Project Budget Summary Fund Budget Notes Revised Budget FY23-24 330 42,605.00 Adopted Budget FY24-25 330 285,000.00 Budget Total 327,605.00 Project Cost Summary Fund Budget Project-to-Date Actuals (as of 9-6-2024) Project-to- Date Committed Remaining Balance 8001 Professional/Technical 330 52,605.00 26,222.65 16,382.35 10,000.00 CIP 8006 Inspection Services 330 20,000.00 - - 20,000.00 CIP 8802 Other Improvements 330 255,000.00 - - 255,000.00 CIP Project Total $ 327,605.00 $26,222.65 $16,382.35 $285,000.00 Staff expects work to be complete by November 2024, barring unforeseen circumstances. A draft of the Public Works Agreement (Contract) for the proposed work is currently being reviewed by the winning firm and will be made available as late correspondence (Attachment A). CONCLUSION: Staff recommends the City Council award a construction contract to OrangeBlue in the amount of $203,600, with a contingency of 10%, or $20,300, for a total amount of up to $224,000 to construct the Storm Drain Improvements at Peacock Ridge Project. ALTERNATIVES: In addition to Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Do not award the contract and direct Staff to re-solicit construction bids. 2. Take other action, as deemed appropriate. 3 Project Name/No.: Peacock Ridge Drainage Imp Contract No.: Project Manager: Approved: 01203.0006/993143.2 1 PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND ORANGEBLUE THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into __________________, 2024 by and between the City of Rancho Palos Verdes, a California charter city (“City”) and [NAME OF COMPANY], a [FORM OF COMPANY] (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.” RECITALS A. City has sought, by issuance of an Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a 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. AGREEMENT 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. CONTRACTOR SERVICES 1.1 Scope of Work. The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Bid Documents for the project entitled STORM DRAIN IMPROVEMENTS AT PEACOCK RIDGE (“Project”), in accordance with the terms and conditions of Agreement Special Provisions (the “Scope of Work”), which may be referred to herein as the “services” or “work” hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Bid Documents and all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project and Contractor’s bid proposal(s), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, A-1 -2- 01203.0006/993143.2 Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement. In the event of any conflict or inconsistency between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern. 1.2 Incorporation of Greenbook. The provisions 2021 Edition of the Standard Specifications for Public Works Construction (“Greenbook” including any updates, amendments, or addenda thereto ) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict or inconsistency between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Labor and Wage Laws. (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 state law and DIR regulations. (b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than 24 hours, after receiving any information that Contractor’s or any of its Subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed. (c) Prevailing Wages. Contractor shall pay prevailing wages as 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 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. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) 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 $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. A-2 -3- 01203.0006/993143.2 (e) 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 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. (f) 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 appr enticeship program. Within 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. (g) Eight-Hour Work Day. Contractor acknowledges that 8 hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code Section 1813. (h) 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 $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 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 8 hours per day, and 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 1.5 times the basic rate of pay. (i) 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.” A-3 -4- 01203.0006/993143.2 (j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.4 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. 1.5 Familiarity with Work. 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. Contractor warrants that Contractor has or will investigate the Project site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. 1.6 Discovery of Unknown Conditions. (a) Pursuant to Public Contract Code Section 7104, 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 physical conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project 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 Contractor’s services hereunder. (b) 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 A-4 -5- 01203.0006/993143.2 Contractor’s cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order in accordance with Section 1.11 of this Agreement. (c) 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 this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties. 1.7 Unidentified Utilities. To the extent required by Government Code Section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the Project site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations. 1.8 Trench Excavation. Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This Section 1.8 shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Bid Documents, and no additional compensation will be allowed therefor. A-5 -6- 01203.0006/993143.2 1.9 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this 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. 1.10 Warranty. Contractor warrants all work under this Agreement (which for purposes of this Section 1.10 shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or 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 this Agreement, or the Bid Documents, 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 by the City for the Project, Contractor shall within 10 days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Notwithstanding the foregoing, Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of its sub-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 this 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 or the Bid Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. A-6 -7- 01203.0006/993143.2 1.11 Inspection by City. In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City. 1.12 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 to the work 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 Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum (as defined below), and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order(s)”). All Change Orders must be signed by the Contractor and Project Manager (or his or her designee) prior to commencing the extra work thereunder. (b) Any increase in compensation of up to 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 18035 (thirty five) days may be approved by the Project Manager, provided that such increase does not materially affect the work in a detrimental manner or materially and detrimentally affect the interest of the City. 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 Contractor’s Bid attached hereto as Exhibit A. If the rates in the Contractor’s Bid 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 the Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows: A-7 -8- 01203.0006/993143.2 (i) Labor: The cost of labor shall be the actual cost for the wages of workers and subcontractors performing the work for the Change Order at the time such work is performed. 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 the lowest current price for which such materials and equipment are reasonably available at the time the work is performed, whichever is lower. (iii) Daily Reporting: Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include the following: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights to payment for the work performed for that day. (d) It is expressly understood by Contractor that the provisions of this section 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. 1.13 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 set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by Change Order (as defined below) or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of $203,600 (Two Hundred Thousand Six Hundred Dollars) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen A-8 -9- 01203.0006/993143.2 difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Bid Documents and this Agreement. Compensation shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Bid Documents. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in Exhibit Athe Contractor’s Bid. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 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 this Agreement. All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of this Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change. 2.3 Payment. City shall 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, City will cause Contractor to be paid within 45 days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City’s 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 45 (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 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 A-9 -10- 01203.0006/993143.2 Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law (with respect to any defects in the work performed by Contractor, or otherwise). 2.4 Retention. City will deduct a 5% retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within 60 days after the date of completion of the work and the Project, as required by Government Code Section 7107. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed 150% of the disputed amount. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time is of the essence. If the work is not completed within the Schedule of Performance, liquidated damages shall apply as set forth below. 3.2 Schedule of Performance. Contractor shall begin work within 5 (five) days after receiving a Notice to Proceed from the City and the work shall be completed within the Contractor’s schedule, prepared in accordance with the Special Provisions, Section A-21consecutive working days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing via change order. 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 10 days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Project Manager’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. A-10 -11- 01203.0006/993143.2 3.4 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $2,000 as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities. 3.5 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. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the 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. 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 on its behalf with respect to the work specified herein and make all decisions in connection therewith: ________________________ ________________________ (Name) (Title) ________________________ ________________________ (Name) (Title) ________________________ ________________________ (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be A-11 -12- 01203.0006/993143.2 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 Project Manager. The “Project Manager” for the City shall be David Copp, Deputy Director of Public Works, or any other person as may be designated by the Director of Public Works. It shall be the Contractor’s responsibility to assure that the Project Manager 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 Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager or his/her designee, 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, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services A-12 -13- 01203.0006/993143.2 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 25% of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. This limitation shall not apply to assignments to any company that is a subsidiary or parent company of Contractor. 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 obligation to the City (as set forth below), 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$1,000,000 per occurrence, $4,000,000$2,000,000 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. The Product and Completed Operations coverage under the policy shall extend a minimum of three years after completion of the Project. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. The 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. The policy shall specifically provide for a duty to defend on the part of the insurer. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this A-13 -14- 01203.0006/993143.2 Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The 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 Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to 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 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. 5.2 General Insurance Requirements. (a) 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. (b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. A-14 -15- 01203.0006/993143.2 (d) Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3)one (1) year(s) after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. (e) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (f) 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 the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement. (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, 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. A-15 -16- 01203.0006/993143.2 (j) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 day notice of cancellation (except for nonpayment for which a 10 day notice is required) or nonrenewal of coverage for each required coverage. (k) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (l) 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. (m) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured 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. (n) 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. (o) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 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. (p) 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. (q) 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. (r) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. A-16 -17- 01203.0006/993143.2 5.3 Indemnification. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractors’; collectively, “Contractor”) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor’s obligations under this Agreement, or by or on account of any act or omission by the Contractor during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnitees as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against the Indemnitees with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. Contractor shall ensure that the performance of any work hereunder is done in compliance with all applicable state, local and federal rules, laws and regulations related to accessibility and reasonable accommodations and modifications for persons with disabilities, including but not limited to the Americans with Disabilities Act as amended, 42 U.S.C. § 12101 et seq., and its implementing regulations at 28 C.F.R. Parts 35 and 36 (ADA), and § 504 of the Rehabilitation Act of 1973, as amended, and as applicable, 29 U.S.C. 701 and the implementing regulations at 24 C.F.R. Parts 8, the Fair Housing Act as amended, 42 U.S.C. 3601, et seq. and its implementing regulations at 24 CFR Parts 100, the Fair Employment and Housing Act, California Government Code § 12926, Title 24 of the California Building Code, and any requirements of the City. Contractor hereby agrees to indemnify, defend, and hold City and all City Representatives free and harmless against any and all Losses and Liabilities arising from its failure to perform any work hereunder in accordance with all applicable disability access requirements and requirements under the Americans with Disability Act and its implementing regulations. A-17 -18- 01203.0006/993143.2 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, Labor, and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds in the form required under the Bid Documents or otherwise by the City Clerk: (a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the Contract Sum, as stated in Section 2.1 (“Performance Bond”). (b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the Contract Sum, as stated in Section 2.1 (“Payment Bond”). (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.10 of this Agreement, in an amount not less than ___% of the total compensation for this Agreement, as stated in Section 2.1. (d) Bonds for all work involving an expenditure in excess of $25,000 shall not be waived, in accordance with Section 9550 and 9552 of the Civil Code. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement. City shall release the Performance Bond and Payment Bond 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 for the Project has be finally accepted by the City, 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 Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. 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 higher 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 larger, unless otherwise approved by the City’s Risk Manager due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor A-18 -19- 01203.0006/993143.2 agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City. 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 Project Manager 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 Project Manager 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 ev ent any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager 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, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost(s) related thereto. 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 the City and shall be delivered to the City upon request of the Project Manager 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. 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, A-19 -20- 01203.0006/993143.2 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 its 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 Project Manager. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed with respect to the Project. 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 A-20 -21- 01203.0006/993143.2 Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Termination. This Agreement may be terminated in accordance with Sections 6-7 and 6-8 of the Greenbook. 7.3 Dispute Resolution Process. Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City. The following requirements apply to all claims to which this Section applies: (a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format: (i) Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based. (ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim. A-21 -22- 01203.0006/993143.2 (v) Analysis of the claim’s cost, if any. (vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. (d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time. (i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to A-22 -23- 01203.0006/993143.2 the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. (iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims. (g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less: (i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the A-23 -24- 01203.0006/993143.2 action in accordance with Public Contract Code Section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (iii) Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo. 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. A-24 -25- 01203.0006/993143.2 7.6 Unfair Business Practices Claims. Pursuant to Public Contract Code Section 7103.5, 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 tenders final payment to the Contractor without further acknowledgment by 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 Project Manager. 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 this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. A-25 -26- 01203.0006/993143.2 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 Provisions Required By Law. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction. 9.2 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’s Project Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, and in the case of the Contractor, to the person(s) 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 72 hours from the time of mailing if mailed as provided in this Section. 9.3 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.4 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. 9.5 Integration; Amendment. This Agreement, together with the documents incorporated herein (including the Greenbook and the Bid Documents) and the exhibits attached hereto constitutes the entire, complete and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. It is understood that there are no oral agreements between the Parties hereto A-26 -27- 01203.0006/993143.2 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. 9.6 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. 9.7 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 they are directly or indirectly interested, or in violation of any corporation, partnership, or association in which they are 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 they have 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. 9.8 Corporate Authority; Successors & Assigns. 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. A-27 -28- 01203.0006/993143.2 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 Mayor ATTEST: City Clerk APPROVED AS TO FORM: Aleshire & Wynder, LLP _____________________________ City Attorney CONTRACTOR: ___________________________________, a ___________________________ 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. A-28 01203.0006/993143.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-29 01203.0006/993143.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-30 01203.0006/993143.2 BOND FORMS A-31 01203.0006/993143.2 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) A-32 01203.0006/993143.2 Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. A-33 01203.0023/976055.4 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. A-34 01203.0023/976055.4 Executed on , 20____. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. A-35 01203.0023/976055.4 INSURANCE FORMS A-36 01203.0023/976055.4 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) A-37 01203.0023/976055.4 Insurance Company Agent for Service of Process in California: Name Agency Street Number City and State Telephone Number This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein. This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy. NOTICE: No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company. A-38 01203.0023/976055.4 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard A-39 01203.0023/976055.4 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) A-40 01203.0023/976055.4 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-41 01203.0023/976055.4 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard A-42 01203.0023/976055.4 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) A-43 01203.0023/976055.4 I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-44 01203.0023/976055.4 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. A-45 01203.0023/976055.4 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . A-46 01203.0023/976055.4 (signatures on following page) I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed , 20 Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( ) or initialed signature accepted) A-47 B-1 B-2 B-3 B-4 B-5 B-6 B-7 B-8 B-9 B-10 B-11 B-12 B-13 B-14 B-15 B-16 B-17 B-18 B-19 B-20 B-21 B-22 B-23 B-24 B-25 B-26 C-1 C-2 C-3 C-4 C-5 C-6 STORM DRAIN IMPROVEMENTS AT PEACOCK RIDGE ROAD PROJECT NO. 8723 TABLE OF CONTENTS NOTICE INVITING SEALED BIDS 1. BACKGROUND/DESCRIPTION OF WORK ............................................................................... NC – 01 2. COMPLETION OF WORK ........................................................................................................ NC – 01 3. REQUEST FOR CLARIFICATION .............................................................................................. NC – 01 4. PREVAILING WAGES ............................................................................................................... NC – 01 5. LICENSE ................................................................................................................................. NC – 02 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS ................................. NC – 02 7. RETENTION SUBSTITUTION ................................................................................................... NC – 02 8. LIQUIDATED DAMAGES ......................................................................................................... NC – 02 9. BIDDING PROCESS ................................................................................................................. NC – 02 INSTRUCTIONS TO BIDDERS 1. FORM OF PROPOSAL ................................................................................................................ i – 01 2. DELIVERY OF PROPOSALS ......................................................................................................... i – 01 3. MODIFICATIONS AND ALTERNATIVE PROPOSALS ................................................................... i – 01 4. WITHDRAWAL OF PROPOSAL .................................................................................................. i – 01 5. BIDDER’S SECURITY .................................................................................................................. i – 01 6. APPROXIMATE ESTIMATE ........................................................................................................ i – 01 7. ADDENDA ................................................................................................................................. i – 02 8. DISCREPANCIES IN PROPOSALS ................................................................................................ i – 02 9. COMPETENCY OF BIDDERS ...................................................................................................... i – 02 10. BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS ........................................... i – 02 11. DISQUALIFICATION OF BIDDERS .............................................................................................. i – 03 12. RETURN OF BID SECURITY ........................................................................................................ i – 03 13. AWARD OF CONTRACT ............................................................................................................. i – 03 14. ALTERNATES ............................................................................................................................. i – 03 15. LISTING SUBCONTRACTORS ..................................................................................................... i – 03 C-7 C. PROSECUTION AND PROGRESS OF THE WORK .............................................................. GP – 05 1. WORK SCHEDULE ................................................................................................................... GP – 05 2. SUBLETTING AND ASSIGNMENT ............................................................................................ GP – 05 3. CHARACTER OF WORKERS ..................................................................................................... GP – 05 4. AGENTS OR FOREMAN ........................................................................................................... GP – 05 5. TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES ...................................................... GP – 05 6. TIME OF COMPLETION AND LIQUIDATED DAMAGES ............................................................ GP – 06 7. SUSPENSION OF CONTRACT .................................................................................................. GP – 06 D. MEASUREMENT AND PAYMENT ................................................................................... GP – 07 1. MEASUREMENT AND PAYMENT ............................................................................................ GP – 07 2. FINAL INVOICE AND PAYMENT .............................................................................................. GP – 07 3. EXTRA WORK .......................................................................................................................... GP – 08 4. UNPAID CLAIMS ..................................................................................................................... GP – 08 5. ACCEPTANCE .......................................................................................................................... GP – 08 E. CONTROL OF WORK ..................................................................................................... GP – 09 1. AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS ............................................................... GP – 09 2. CONFORMITY WITH PLANS AND ALLOWABLE VARIATION .................................................... GP – 09 3. PROGRESS OF THE WORK ...................................................................................................... GP – 09 4. SAMPLES ................................................................................................................................ GP – 09 5. TRADE NAMES AND ALTERNATIVES ....................................................................................... GP – 09 6. PROTECTION OF WORK .......................................................................................................... GP – 10 7. CONFLICT OF TERMS .............................................................................................................. GP – 10 8. INTERPRETATION OF PLANS AND SPECIFICATIONS ............................................................... GP – 10 9. INCREASES AND DECREASES OF THE WORK TO BE DONE ..................................................... GP – 10 10. ALTERATIONS OF THE WORK TO BE DONE ............................................................................ GP – 11 11. EXTRA WORK .......................................................................................................................... GP – 11 12. PUBLIC UTILITIES .................................................................................................................... GP – 11 13. PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY ..................................................... GP – 12 14. REMOVAL OF INTERFERING OBSTRUCTIONS ......................................................................... GP – 12 15. QUALITY OF MATERIAL .......................................................................................................... GP – 12 16. REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK ........................................................... GP – 12 17. SUPERVISION.......................................................................................................................... GP – 12 C-8 16. EXECUTION OF AGREEMENT .................................................................................................... i – 03 17. INSURANCE AND BONDS .......................................................................................................... i – 04 18. TELEPHONES ............................................................................................................................ i – 04 19. INTERPRETATION OF PLANS AND DOCUMENTS ...................................................................... i – 04 20. SALES AND/OR USE TAXES ....................................................................................................... i – 04 21. NON-COLLUSION AFFIDAVIT ..................................................................................................... i – 04 22. EXECUTION OF THE CONTRACT ................................................................................................ i – 04 23. CONTRACT BONDS .................................................................................................................... i – 05 24. INSURANCE ............................................................................................................................... i – 05 25. COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT .................................................. i – 05 26. REJECTION OF BIDS ................................................................................................................... i – 05 GENERAL PROVISIONS A. PROJECT PROVISIONS .................................................................................................. GP – 01 1. UNITS OF MEASURE ............................................................................................................... GP – 01 B. LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY .................................................... GP – 01 1. LAWS TO BE OBSERVED ......................................................................................................... GP – 01 2. SOCIAL SECURITY REQUIREMENTS ........................................................................................ GP – 01 3. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS .................................. GP – 01 4. COMPLIANCE MONITORING AND POSTING JOB SITES .......................................................... GP – 02 5. PREVAILING WAGES ............................................................................................................... GP – 02 6. PENALTIES .............................................................................................................................. GP – 02 7. WORKING HOURS .................................................................................................................. GP – 02 8. APPRENTICES ......................................................................................................................... GP – 02 9. LICENSE OF CONTRACTORS .................................................................................................... GP – 03 10. PERMITS AND LICENSES ......................................................................................................... GP – 03 11. PATENTS ................................................................................................................................. GP – 03 12. INDEMNITY ............................................................................................................................. GP – 03 13. NOTICE ................................................................................................................................... GP – 03 14. CONTRACTOR’S RESPONSIBILITY FOR WORK ........................................................................ GP – 03 15. MAINTENANCE AND GUARANTEE ......................................................................................... GP – 04 16. COOPERATION ....................................................................................................................... GP – 04 C-9 18. SOIL COMPACTION TESTING .................................................................................................. GP – 13 19. PRESERVATION OF PROPERTY ............................................................................................... GP – 13 20. DUST CONTROL ...................................................................................................................... GP – 13 21. SELECTED MATERIALS ............................................................................................................ GP – 14 22. SURPLUS MATERIALS ............................................................................................................. GP – 14 23. CLEAN UP ............................................................................................................................... GP – 14 24. EQUIPMENT REQUIREMENTS ................................................................................................ GP – 14 25. PROTECTION OF WORK AND PUBLIC ..................................................................................... GP – 14 26. SPRINKLER SYSTEMS & LANDSCAPING .................................................................................. GP – 15 27. CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER .............................................. GP – 15 28. WORK AFTER REGULAR HOURS ............................................................................................. GP – 16 29. CONTRACTOR’S DAILY REPORTS ............................................................................................ GP – 16 30. REQUEST FOR WORKING DAYS .............................................................................................. GP – 16 31. DEFECTIVE MATERIALS .......................................................................................................... GP – 16 32. SOUND AND VIBRATION CONTROL REQUIREMENTS ............................................................ GP – 17 33. AIR POLLUTION CONTROL ...................................................................................................... GP – 17 34. FINAL CLEAN UP ..................................................................................................................... GP – 17 35. CONTRACTOR’S REQUEST FOR FINAL INSPECTION ................................................................ GP – 17 36. RESOLUTION OF PUBLIC WORKS CLAIMS .............................................................................. GP – 18 37. TRENCHES AND EXCAVATIONS ...............................................................................................GP - 18 38. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS .......................... GP – 19 SPECIAL PROVISIONS A. GENERAL PROJECT INFORMATION ................................................................................. SP – 01 1. REQUIREMENTS ..................................................................................................................... SP – 01 2. DEFINITION OF TERMS ........................................................................................................... SP – 01 3. PROJECT PLANS ...................................................................................................................... SP – 02 4. SCOPE OF WORK .................................................................................................................... SP – 02 5. NOTICE TO PROCEED ............................................................................................................. SP – 02 6. UTILITIES ................................................................................................................................ SP – 03 7. STREET CLOSURES .................................................................................................................. SP – 03 8. CONFERENCE.......................................................................................................................... SP – 04 9. PUBLIC CONVENIENCE AND SAFETY ...................................................................................... SP – 04 C-10 10. SANITARY CONVENIENCE ....................................................................................................... SP – 07 11. CONSTRUCTION YARD............................................................................................................ SP – 08 12. EQUIPMENT REQUIREMENTS ................................................................................................ SP – 08 13. PRESERVATION OF PROPERTY ............................................................................................... SP – 08 14. NPDES COMPLIANCE/WATER POLLUTION CONTROL ............................................................ SP – 08 15. SAFETY, SANITARY AND MEDICAL REQUIREMENTS............................................................... SP – 11 16. ELECTRICAL POWER ............................................................................................................... SP – 11 17. PROTECTION OF UNDERGROUND FACILITIES ........................................................................ SP – 11 18. AIR POLLUTION CONTROL ...................................................................................................... SP – 12 19. PROJECT APPEARANCE ........................................................................................................... SP – 12 20. WORK HOURS ........................................................................................................................ SP – 13 21. SCHEDULE AND PUBLIC NOTICES ........................................................................................... SP – 13 22. PHOTOGRAPHIC SURVEY OF ALL EXISTING CONDITIONS ...................................................... SP – 15 23. MOBILIZATION ....................................................................................................................... SP – 16 24. PROJECT MONUMENT SURVEYS AND CONSTRUCTION STAKING ......................................... SP – 17 B. PROJECT SPECIAL PROVISIONS ...................................................................................... SP – 19 1. GENERAL ................................................................................................................................ SP – 19 2. FURNISH AND APPLY WATER ................................................................................................. SP – 20 3. UNCLASSIFIED EXCAVATION .................................................................................................. SP – 20 4. REMOVE EXISTING CSP STORM DRAIN .................................................................................. SP – 21 5. CLEARING AND GRUBBING .................................................................................................... SP – 21 6. SUBGRADE PREPARATION ..................................................................................................... SP – 22 7. CONCRETE STRUCTURES ........................................................................................................ SP – 22 8. UNDERGROUND CONDUIT CONSTRUCTION .......................................................................... SP – 22 9. BEST MANAGEMENT PRACTICES ............................................................................................ SP - 25 10. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ......................................... SP – 25 11. REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK ............................................................ SP –26 12. APPURTENANT WORK ............................................................................................................ SP – 27 13. INSPECTION BY CITY ............................................................................................................... SP – 27 14. CLEANUP ................................................................................................................................ SP – 27 15. CONSTRUCTION WATER ........................................................................................................ SP – 27 16. STORAGE SITES ....................................................................................................................... SP – 27 17. SITE RESTORATION AND MEDIAN PROTECTION .................................................................... SP – 28 C-11 18. LARGE TREE REMOVALS AT PEACOCK RIDGE ROAD .............................................................. SP – 28 TECHNICAL PROVISIONS 1. COMPACTION TESTING: ........................................................................................................ TP – 01 2. MATERIAL TESTING ................................................................................................................ TP – 01 3. CRUSHED MISCELLANEOUS BASE/CLASS 2 AGGREGATE BASE .............................................. TP – 01 4. PORTLAND CEMENT CONCRETE (PCC) CONSTRUCTION ........................................................ TP – 02 5. SAWCUT, EXCAVATION, REMOVAL AND REPLACEMENT ASPHALT CONCRETE ..................... TP – 02 6. HIGH DENSITY POLYETHYLENE (HDPE) PIPE PLACEMENT...................................................... TP – 03 7. CONTRACT UNIT PRICES ......................................................................................................... TP – 04 PROPOSAL PACKAGE & CHECKLIST 1. PROPOSAL PRICES ....................................................................................................................... P-01 2. BID SHEET ................................................................................................................................... P-03 3. BID SCHEDULE ............................................................................................................................ P-04 4. INFORMATION REQUIRED OF BBIDDER ..................................................................................... P-05 5. REFERENCES ............................................................................................................................... P-07 6. STATEMENT REGARDING CONTRACTOR LICENSING LAWS ....................................................... P-11 7. RESUME ...................................................................................................................................... P-13 8. DESIGNATION OF SUBCONTRACTORS ....................................................................................... P-14 9. INDUSTRIAL SAFETY RECORD FORM .......................................................................................... P-15 10. BID BOND ................................................................................................................................... P-16 11. NONCOLLUSION DECLARATION ................................................................................................. P-18 12. ACKNOWLEDGMENT OF ADDENDA ............................................................................................ P-19 13. BIDDER STATISTICAL INFORMATION ......................................................................................... P-20 CONTRACT PACKAGE PUBLIC WORKS AGREEMENT ............................................................................................................... C-01 INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS ............................................................................ C-12 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES .................................................. C-13 PAYMENT BOND .................................................................................................................................. C-14 PERFORMANCE BOND ......................................................................................................................... C-16 WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE ................................................................. C-18 COMPLAINCE WITH CA LABOR LAWS AGREEMENT ............................................................................ C-19 C-12 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT .................................................................... C-21 ADDITIONAL INSURED ENDORSEMENT - COMPREHENSIVE GENERAL LIABILITY ................................ C-22 ADDITIONAL INSURED ENDORSEMENT - AUTOMOBILE LIABILITY ...................................................... C-24 ADDITIONAL INSURED ENDORSEMENT - EXCESS LIABILITY .................................................................. C-26 APPENDICES APPENDIX I: STREET SWEEPING SCHEDULE APPENDIX II: TRASH PICK UP SCHEDULE APPENDIX III: DOOR HANDERS, LETTERS/NOTIFICATIONS APPENDIX IV: MATERIAL RECYCLE PACKET APPENDIX V: CONCRETE AND ASPHALT REMOVAL FORM APPENDIX VI: SCHOOL DISTRICT CALENDAR APPENDIX VII: PROPOSED IMPROVEMENT PLANS C-13 NC - 1 NOTICE INVITING CONSTRUCTION BIDS CITY OF RANCHO PALOS VERDES BIDS MUST BE RECEIVED BY: August 23, 2024 at 4:30 PM PLACE OF QUOTE: PlanetBids RECEIPT: https://vendors.planetbids.com/portal/48551/bo/bo-search NOTICE IS HEARBY GIVEN that the City of Rancho Palos Verdes, County of Los Angeles, California, will receive up to, but not later than the time set forth above, quotes for the Peacock Ridge Road Drainage Improvements Project. All quotes shall be made using PlanetBids via the link provided above. PROJECT IDENTIFICATION NAME: Storm Drain Improvements at Peacock Ridge Road (Project No. 8723) BACKGROUND/DESCRIPTION OF WORK: In general, the work comprises without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to construct the Storm Drain Improvements which includes removing existing storm drain, installing new HDPE and concrete storm drain facilities, catch basins, incidental removal and reconstruction of asphalt concrete pavement, removing and reinstalling concrete curb and gutter, removing and reconstructing miscellaneous concrete structures, temporary traffic control measures, large tree removals, grading, and other appurtenant items not mentioned that are required to complete the work between Scotmist Drive and Peacock Ridge Road including work within the private residential property at 6037 Scotmist Drive 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. The actual quantities of work to be performed may vary at the discretion of the Director of Public Works. COMPLETION OF WORK: Work shall be completed within thirty-five (35) working days from the start of the project. REQUEST FOR CLARIFICATION: If you discover any error, omission, ambiguity or conflict in the Plans or Specifications and wish to have a clarification, please fax or email your request for clarification to the Director of Public Works at publicworks@rpvca.gov such that it is received by him/her no later than close of business on August 2, 2024. Requests for clarification received after this date will be disregarded. Please indicate the Project in your request for clarification. PREVAILING WAGES: Pursuant to the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes C-14 C-15 i - 1 INSTRUCTIONS TO BIDDERS FORM OF PROPOSAL: The proposal shall be made on the bidding schedule (“proposal”) herein. DELIVERY OF PROPOSALS: The proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Construction Bids. It is the bidder’s sole responsibility to see that his proposal is received within the deadline. Any proposal received after the scheduled closing time for receipt of proposals will not be opened. 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 hard copy, oral, telegraphic or telephonic proposals or modifications will be considered. WITHDRAWAL OF PROPOSAL: The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his duly authorized representative, and is filed with the DIRECTOR OF PUBLIC WORKS. No proposal may be withdrawn during the period of ninety (90) calendar days after the opening of proposals. BIDDER’S SECURITY: Each bid shall be accompanied by cash, certified or cashier’s check payable to the City, or a satisfactory bid bond in favor of the City executed by the bidder as principal and a California admitted surety as surety, in an amount not less than ten percent (10%) of the amount set forth in the bid. The check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it is awarded to him in conformity with the contract documents and shall provide the evidence o f 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 th e form set forth as required. APPROXIMATE ESTIMATE: The quantities shown in the proposal form shall be considered as approximate only, being listed therein for the purpose of serving as a general indication of the amount of work or materials to be performed or furnished, and as a basis for the comparison of bids; and the City does not guarantee nor agree, either expressly or by implication, that the actual amount required will correspond therewith, but reserves the right to increase or decrease the amount of any item or portion of work or material to be performed or furnished, or to omit any such item or portion, in accordance with the Special Provisions or Standard Specifications, under which the work is to be constructed, without any way invalidating the contract, should such increase , decrease or C-16 i - 2 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 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 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 C-17 i - 3 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 misunder standing 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 p roposal 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. ALTERNATES: If alternate bids are called for, the contract shall be awarded to the lowest responsible bidder on the base bid. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Sections 4100, et seq.). Forms for this purpose are furnished with the contract documents. EXECUTION OF AGREEMENT: The bidder to whom award is made shall execute a written contract with the City in the form included in these contract documents and shall secure and provide to City all insurance and bonds as herein specified within 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 s ecurity. In the event the bidder to whom an award is made fails or refuses to execute the Agreement within said time, the City may declare the bidder’s security forfeited, and it may award the work to the next lowest bidder, or may call for new bids. C-18 i - 4 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. TELEPHONES: Bidders are hereby notified that City will not provide telephones for their use at the time of receipt of bids. INTERPRETATION OF PLANS AND DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications, he or she may submit to the DIRECTOR OF PUBLIC WORKS a written request for an interpretation or correction by 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 fifteen (15) calendar days from the date written notice of the award is mailed to bidder. No bidder proposal shall be considere d binding upon the City until such time as it has been executed by the City. C-19 i - 5 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 ($2,000,000.00) combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts or o missions 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. C-20 GP-1 R6876-0001\1800410v2.doc GENERAL PROVISIONS A. PROJECT PROVISIONS 1. UNITS OF MEASURE The U.S. Standard Measures also called U.S. Customary System is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents. The project provisions applicable to this contract shall be those set forth in California Building Code (CBC), California Mechanical Code (CMC), California Plumbing Code (CPC), and 2007 California Electrical Code (CEC) & City Ordinance, the 2005 California Energy Standards and the Standard Specifications for Public Works Construction, the latest edition, including all supplements, published by Building News, Inc., 1612 South Clementine Street, Anaheim, California 92802, hereinafter referred to as “Standard Specifications.” The Standard Specifications are referred to and by this reference are made a part hereof as though set forth at length. The Contractor is required to comply with the Standard Specifications in addition to the conditions set forth in these General Provisions and Special Provisions. B. LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY 1. LAWS TO BE OBSERVED The Contractor shall keep himself or herself fully informed on all existing and pending State and national laws and all municipal ordinances and regulations of the City, which in any manner affect those employed in the work, or the material used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having jurisdiction or authority over the same. The Contractor shall particularly observe all ordinances of the City in relations to the obstruction of streets or conduct of the work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. 2. SOCIAL SECURITY REQUIREMENTS The Contractor shall furnish to the City satisfactory evidence that he and all subcontractors working for him are complying with all requirements of the Federal and State Social Security legislation. 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 (DIR) The Contractor’s attention is directed to Labor Code Section 1725.5, which provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal, subject to the requirements of Public Contract Code Section 4104, or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. This requirement applies to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. C-21 GP-2 R6876-0001\1800410v2.doc 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 Contractor shall pay prevailing wages as 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 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. If this Agreement is subject to the payment of federal prevailing wages under the Davis- Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. 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 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 $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. 7. WORKING 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 $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 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 8 hours per day, and 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 1.5 times the basic rate of pay. 8. 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 C-22 GP-3 R6876-0001\1800410v2.doc 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 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. Information relative to apprenticeship standards and administration of the apprenticeship program may be obtained from the Department of Industrial Relations, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 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 C-23 GP-4 R6876-0001\1800410v2.doc risk of injury or damage to any part of the work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence of willful misconduct of the City, its officers, agents or employees. In the case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the protection of work already completed and shall properly store and protect them if necessary and shall provide suitable drainage and erect temporary structures where necessary. 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. C-24 GP-5 R6876-0001\1800410v2.doc 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. C. PROSECUTION AND PROGRESS OF THE WORK 1. WORK SCHEDULE Prior to the Notice to Proceed, the Contractor shall submit a work schedule to the Director of Public Works or his authorized representative for approval. Said schedule must show the dates of the expected start and completion of the various items of the contract work. This schedule will be used as a controlling document throughout the construction period. 2. SUBLETTING AND ASSIGNMENT The Contractor shall give Contractor’s personal attention to the fulfillment of the contract and shall keep the work under Contractor’s control. The Contractor shall not assign, transfer nor sublet any part of the work without the written consent of the City by the Director of Public Works or his authorized representative and of the surety of the Contractor’s bond, and such consent of Surety, together with a copy of the subcontract, shall be filed with the Director of Public Works. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of Contractor’s liabilities under the contract. Subcontractors shall not be recognized as such, and all persons engaged in the project will be considered as employees of the Contractor, their work being subject to the provisions of the contract and the specifications. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the Director of Public Works or his authorized representative, said subcontractor shall be removed immediately from the project upon request by the Director of Public Works, shall not again be employed on the work, and the Contractor shall be held liable for the deficient work. The Contractor shall submit to the City a list with the names, addresses and telephone numbers of all subcontractors who will work under Contractor. 3. CHARACTER OF WORKERS The Contractor shall employ none but competent foremen, laborers and mechanics. Any overseer, superintendent, laborer or other person employed on the work by the Contractor who is intemperate, incompetent, troublesome or otherwise undesirable, or who fails or refuses to perform the work in the manner specified herein, shall be removed from jobsite immediately and such person shall not again be employed on the work. 4. AGENTS OR FOREMAN In the absence of the Contractor from the site of the project, even if such is only of a temporary duration, Contractor must provide and leave at the site a competent and reliable English-speaking agent or foreman in charge. All notices, communications, orders or instructions given, sent to, or served upon, such agent or foreman by the Director of Public Works shall be considered as having been served upon the Contractor. C-25 GP-6 R6876-0001\1800410v2.doc 5. TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES The Director of Public Works shall have the authority to suspend the contract work, wholly or in part, for such a period of time as the Director may deem necessary, due to unsuitable weather, or to such other conditions as the Director considers unfavorable for the proper prosecution of the work, or for such time as the Director may deem necessary due to failure on the part of the Contractor or Contractor ’s workers to carry out orders or to perform any of the requirements of the contract. The Contractor shall immediately comply with such an order from the Director of Public Works and shall not resume operations until so ordered in writing. 6. TIME OF COMPLETION AND LIQUIDATED DAMAGES If all the contract work is not completed in all parts and requirements within the time specified in the contract documents, the City shall have the right to grant or deny an extension of time for completion, as may seem best to serve the interest of the City. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by acts of God or of the Public Enemy, acts of the State, fire not due to acts of contractors, of subcontractors, floods, epidemics, quarantine, restrictions, strikes, freight embargo or unusually severe weather, delays of subcontractors due to such causes, or work suspensions directed by the Director of Public Works or his authorized representative provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the City, in writing, of the cause of the delay. The City will ascertain the facts and the extent of the delay, if any, and the finding thereon shall be final and conclusive. If the City deems it appropriate to assess the contractor liquidated damages, such damages shall be in the amount specified in this bid documents. Delay claims by the Contractor will be precluded for those damages caused exclusively by the City. The Contractor is entitled only to delay damages caused by others. 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 C-26 GP-7 R6876-0001\1800410v2.doc for ensuring its proper completion, but all sums paid therefor shall be charged to the Contractor. In case the expenses so charged are less than sum which would have been payable under the contract, if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference, and in case such expense shall exceed the amount payable under the contract, then the Contractor shall pay the amount of the excess to the City, upon completion of the work, without further demand being made therefor. In the determination of the question as to whether or not there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. D. MEASUREMENT AND PAYMENT 1. MEASUREMENT AND PAYMENT Measure of the quantities of work and payments therefor shall be in accordance with Section 9 of the Standard Specifications. In accordance with Subsection 9-3.2 of the Standard Specifications, the monthly payment date shall be the last calendar day of each month. A measurement of work performed, and a progress estimate of the value thereof based on the contract and of the monthly payment shall be prepared by the Contractor and submitted to the Director of Public Works or his authorized representative before the tenth day of the following month for verification and payment consideration. A five percent (5%) retention shall be withheld from each payment. 2. FINAL INVOICE AND PAYMENT Whenever in the opinion of the Director of Public Works, the Contractor shall have completely performed the contract, the Director of Public Works or his authorized representative shall notify the City Clerk that the contract has been completed in its entirety. The Contractor shall then submit to the Director of Public Works or his authorized representative for approval of a written statement of the final quantities of contract items for inclusion in the final invoice. Upon receipt of such statement, the Director of Public Works or his authorized representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which in the Director of Public Works’ opinion shall be just and fair, covering the amount and value of the total amount of work done by the Contractor, less five percent (5%) of the total work done. The Director of Public Works shall then request that the City accept the work and that the City Clerk be authorized to file, on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the date of recording the Notice of Completion, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the invoice all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract and shall release the Faithful Performance Bond and Labor and Material Bond. The Contractor may, at Contractor’s sole cost and expense, substitute securities equivalent to any monies withheld by the Owner as provided in California Public Contract Code Section 22300. No such substitution shall be accepted until all documents related to such substitution are reviewed and found acceptable by the Owner’s attorney. C-27 GP-8 R6876-0001\1800410v2.doc 3. EXTRA WORK Extra work, when ordered in writing by the Director of Public Works or his authorized representative and accepted by the Contractor, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the Director of Public Works. All extra work shall be adjusted daily upon report sheets prepared for the Director of Public Works or his authorized representative, furnished by the Contractor, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 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. 4. UNPAID CLAIMS If upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within which claims of lien may be filed for record as prescribed by the Code of Civil Procedure of the State of California, any person or persons claiming to have performed any labor or furnished any materials, supplies or services towards the performance of completion of this contract or if they have agreed to do so, shall file with the City a verified statement of such claim, or if any person shall bring against the City or any of its agents any action to enforce such claim, the City shall until the discharge thereof, withhold from the moneys that are under its control, as much as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the cost thereof; provided, that if the City shall in its discretion permit the Contractor to file such additional bond as is authorized by the Code of Civil Procedure in a penal sum equal to one and one-quarter times the amount of said claim, said money shall not thereafter be withheld on account of such claim. 5. ACCEPTANCE The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty here in above. The Contractor agrees that payment of the amount due under the contract and the adjustments and payments due for any work done in accordance with any alterations of the same, shall release the 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. C-28 GP-9 R6876-0001\1800410v2.doc 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 and shall not be brought back to the site. 5. TRADE NAMES AND ALTERNATIVES For convenience in designation on the plans or in the specifications, certain equipment or articles or materials to be incorporated in the work may be designated under a trade name of manufacturer and the catalog information. The use of an alternative equipment or an article or equipment which is of equal quality and of the required characteristics for C-29 GP-10 R6876-0001\1800410v2.doc the purpose intended will be permitted, subject to the approval of the Director of Public Works or his authorized representative, in accordance with the following required by Section 3400 of the Public Contract Code of the State of California: The burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and Contractor shall furnish, at Contractor’s own expense, all information necessary or related thereto as required by the Director of Public Works or his authorized representative. The Director of Public Works shall be the sole judge as to the comparative quality and suitability of alternative equipment or articles or materials and the Director’s decision shall be final. All requests for substitution shall be submitted, together with all documentation necessary for the Director to determine equality, within 20 days following the award of the contract. 6. PROTECTION OF WORK The Contractor shall continuously maintain adequate protection of all Contractor’s work from damage, and the City will not be held responsible for the care or protection of any material, equipment or parts of work, except as expressly provided for in the specifications. 7. CONFLICT OF TERMS The notice to bidders, proposal, plans, specifications and General Provisions are essential parts of the contract for a given project. These documents, together with the necessary bonds and bidder’s guarantee, constitute the contract as defined herein, and a requirement included in one document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the work to be done. Should there be any conflict or discrepancy between terms used, then the specifications shall govern over plans, and change orders and supplemental agreements shall govern over any other contract document. 8. INTERPRETATION OF PLANS AND SPECIFICATIONS Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the plans or in the specifications, the Contractor shall request the Director of Public Works or his authorized representative for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the contract, so far as may be consistent with the intent of the original specifications. In the event or doubt of questions relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be final. 9. INCREASES AND DECREASES OF THE WORK TO BE DONE The City reserves the right to increase or decrease the quantity of any item or portion of the work described on the plans, the specifications or the proposal form or to omit portions of the work so described, as may be deemed necessary or expedient by the Director of 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. C-30 GP-11 R6876-0001\1800410v2.doc 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. EXTRA WORK New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears on the proposal form. The Contractor shall not do any extra work except upon written order from the Director of Public Works or his authorized representative. Compensation for such extra work shall be previously agreed upon in writing between the Contractor and the Director of Public Works or his authorized representative. 12. PUBLIC UTILITIES (a) All of the existing utility facilities except those to be relocated as shown on the plans will remain in place and the Contractor will be required to work around said facilities. In case it should be necessary to remove the property of a public utility or franchise, such owner will, upon proper application by the Contractor, be notified by the Director of Public Works or his authorized representative to move such property within a reasonable time, and the Contractor shall not interfere with said property until after the expiration of the time specified. The right is reserved to the owners of public utilities or franchises to enter upon the project site for the purpose of making repairs or changes in their property, which may be necessary as a result of the work. The Contractor shall also schedule and allow adequate time for those relocations or modifications necessary for the project by the respective utility owners. Employees and agents of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements. (b) The Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison secondary, primary and transition facilities. The term “qualified person” shall mean one, who by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by any subcontractors. C-31 GP-12 R6876-0001\1800410v2.doc 13. PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at Contractor’s own cost, free of charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the proposal form and specifications, and found necessary during the process of construction, (but not due to damage resulting from carelessness on the part of the Contractor during Contractor ’s operation), shall be paid to the Contractor at the unit prices submitted in his bid. 14. REMOVAL OF INTERFERING OBSTRUCTIONS The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it is understood that the cost of said removals are made a part of the unit price bid to the Contractor under the item for Clearing and Grubbing. 15. QUALITY OF MATERIAL Materials shall be new, and of specified kind and quality, and fully equal to samples when samples are required. When the quality or kind of material or articles shown required under the contract is not particularly specified, the Contractor shall estimate that the City will require articles and materials representing the best of their class or kind or at least equal to the class or quality of similar articles, existing articles or materials when specified. Materials shall be furnished in such quantities and kinds and at such times as to ensure uninterrupted progress of the work. They shall be stored properly and protected as required. The Contractor shall be entirely responsible for damage or loss by weather or any other cause. 16. REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK It is the intent of the specifications that only first-class work, materials and workmanship will be acceptable. All work which is defective in its construction or deficient in any of the requirements of the specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction. Any work done beyond the lines shown on the plans or established by the Director of Public Works or his authorized representative, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply forthwith with any order of the Director of Public Works made under the provisions of this paragraph, the Director of Public Works shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the work is found to be in compliance with these specifications, the Director of Public Works will furnish the Contractor with a certificate to that effect. 17. SUPERVISION All manufactured products, materials and appliances used and installed and all details of the work shall at all times be subject to the supervision, test and approval of the Director of Public Works or his authorized representatives. The Director of Public Works or his C-32 GP-13 R6876-0001\1800410v2.doc authorized representatives shall have access to the work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials used or employed in the work. Whenever the Contractor varies the period during which work is carried on each day, he shall give adequate notice to the Director of Public Works or his authorized representative so that proper inspection may be provided. Any work done in the absence of the Director of Public Works or the Director of Public Works’ agent will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been accepted or estimated for payment. The Contractor shall prosecute work on any State highway or with any railroad right-of- way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor’s expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit. 18. SOIL COMPACTION TESTING Any soil compaction testing, geotechnical observation and certification shall be provided by a Geotechnical Testing Company and paid for by the City. 19. PRESERVATION OF PROPERTY Existing improvements in areas adjoining the property whereon demolition and removal is being performed shall be protected from injury or damage resulting from operations of the Contractor and the Contractor shall be responsible for such damage. In like manner any building, structure, tree, shrub, or other item designated for preservation on the property where demolition and removal is being performed shall be similarly protected and preserved. 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. 20. DUST CONTROL The Contractor shall provide such dust laying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the Director of Public Works or his authorized representative to stop the work until said dust is controlled, and the Contractor shall have no recourse to collect from the City for any loss of time or expense sustained by him due to such suspension of work. 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 C-33 GP-14 R6876-0001\1800410v2.doc clean the area and back charge the contractor for all cost incurred to the City including City staff time. 21. SELECTED MATERIALS Existing materials excavated within the project limits that meet the specifications for trench backfill, topsoil, or other selected materials may be used to fulfill all or a portion of the requirements for such materials. No additional compensation will be allowed for excavation, stockpiling, overhaul, or placing selected materials encountered in the excavation. The Contractor shall stipulate a reasonable price for additional quantities of import, that may be needed, in their proposal, that is acceptable with the Director of Public Works or his/her designee. 22. SURPLUS MATERIALS The Contractor shall furnish written consent from the owner of the property where it is intended to dispose of the surplus material. Surplus excavation shall become the property of the Contractor. 23. CLEAN UP During all phases of construction, the Contractor shall maintain a clean work site; the Contractor shall be responsible for the removal and disposal of all concrete, asphalt, tree roots, and any other debris resulting from the work performed on a daily basis. Full compensation for clean-up shall be considered as included in the prices for the various contract items. 24. EQUIPMENT REQUIREMENTS The Contractor shall provide a lead car with a “Wide Load” warning sign to lead the movement of any equipment exceeding 7 feet in maximum horizontal dimension over any street to the location of the scheduled work site. Equipment will be subject to a fine of one hundred dollars for each violation as determined by the Director of Public Works or his authorized representative. Any other violations shall be subject to the vehicle code of the State of California. Full compensation for the cost of furnishing the lead vehicles and adhering to the requirements of this section shall be considered as included in the prices for the various contract items of work, and no additional compensation will be allowed therefor. 25. PROTECTION OF WORK AND PUBLIC The Contractor shall take all necessary measures to protect work and prevent accidents during any and all phases of the work. The Contractor shall repair all damaged parts of the project as a result of vandalism (i.e., vehicle tracks, footprints, writing, etc.) and will respond to alleged damage to private property and/or vehicles within twenty four (24) hours of notification. If deemed necessary by the City, the Contractor shall repair the defective area in accordance with these Special Provisions. C-34 GP-15 R6876-0001\1800410v2.doc 26. SPRINKLER SYSTEMS & LANDSCAPING Any sprinkler system damaged during the Contract shall be repaired by the Contractor at no additional cost within 24 hours of notification. All damaged sprinkler and irrigation parts shall be replaced in-kind. If repair is not completed within said limit, the City shall have the authority to complete such work and deduct cost plus 20 percent administration thereof from any moneys due or to become due to the Contractor. Furthermore, a penalty of $500 per day shall be applied for each day beyond the 24-hour period that the damaged irrigation system has not been repaired to function properly (as determined by the City’s inspector). 27. CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified superintendent, who shall not be replaced without written notice to the Director of Public Works or his authorized representative except under extraordinary circumstances. The Contractor’s superintendent shall be present at the site of the work at all times while work is in progress. The Superintendent’s sole duties shall be to supervise a full work crew and coordinate activities pertaining to any work performed by the Contractor or its subcontractors, including but not limited to concrete repairs, crack sealing, AC repairs, traffic control and public notifications. Failure to observe this requirement shall be considered as suspension of the work by the Contractor until such time as such superintendent is again present at the site. The Director of Public Works or his authorized representative shall have the right, at any time, to direct a change in the Contractor’s superintendent, if the performance is unsatisfactory, as determined by the Director of Public Works or his authorized representative, in its sole discretion. The Contractor shall designate in writing and keep on the work at all times during its process a competent, full-time, technically qualified project manager, who shall not be replaced without written notice to the Director of Public Works or his authorized representative except under extraordinary circumstances. The Contractor’s project manager shall be responsible for overall administration and coordination of the work including, but not limited to processing of schedules, discussion of change orders and extra work and coordination and distribution of the Daily Reports. The Director of Public Works or his authorized representative shall have the right, at any time, to direct a change in the Contractor’s project manager, if the performance is unsatisfactory, as determined by the Director of Public Works or his authorized representative, in its sole discretion. 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 C-35 GP-16 R6876-0001\1800410v2.doc and phones shall be considered as included in the bid price paid for the various contract items of work, no additional compensation will be made therefor. Said radios and cellular telephones will be returned to the Contractor after the completion of the project. The City will endeavor to safeguard the Contractor’s communication devices but assumes no responsibility or liability for any possible damage to the cellular telephones or radios. 28. WORK AFTER REGULAR HOURS 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. 29. CONTRACTOR’S DAILY REPORTS The Contractor shall complete consecutively numbered legible daily reports indicating the number of people working, their names, a narrative description of work performed, the individual locations of the work, serviceable major equipment in use, serviceable major equipment idled, serviceable major equipment down for repairs, sub-contractors working at site, weather conditions, temperature, start time, finish time, and the date. The Contractor’s Superintendent shall sign each report. The daily report shall be completed on forms prepared by the Contractor and acceptable to the Director of Public Works or his authorized representative. 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. 30. REQUEST FOR WORKING DAYS The Contractor shall notify the Director of Public Works or his authorized representative separately in writing within 7 calendar days after the occurrence of a delay, when the Contractor believes that it is entitled to an additional working day per any day the Contractor is prevented from working at the beginning of the workday, for cause defined in Section 6-6.1 of the Standard Specifications, or any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1 of the Standard Specifications. The Contractor’s failure to give written notice in the time period specified above shall constitute a waiver of all claims for an additional work day, whether direct or consequential in nature and that day will be counted as a working day. Upon receipt of the Contractor ’s written request, the Director of Public Works or his authorized representative will then make a determination of whether the day or days the Contractor is requesting shall be counted as working days. 31. DEFECTIVE MATERIALS All materials not conforming to the requirements of these specifications shall be considered as defective and all such materials shall be removed immediately from the site of the work unless otherwise permitted by the Director of Public Works or his authorized representative. Upon failure on the part of the Contractor to comply with any C-36 GP-17 R6876-0001\1800410v2.doc order by the Director of Public Works or his authorized representative made under the provisions of this article, the Director of Public Works shall have the authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due to the Contractor. 32. SOUND AND VIBRATION CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances. No internal combustion engine shall operate on the project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including, but not limited to truck, transit mixers or transit equipment that may or may not be owned by the Contractor. 33. AIR POLLUTION CONTROL Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate the contents, fully complying with the applicable material requirements. 34. FINAL 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. A list of final punchlist items shall be provided to the Contractor by the City. Upon Contractor’s receipt of this final punchlist, the Contractor shall have 14 calendar days to complete all items on the punchlist. PENALTIES FOR NONCOMPLIANCE: $500 for each day after the 20-calendar-day period that there are still remaining punchlist items to be completed by the Contractor. 35. CONTRACTOR’S REQUEST FOR FINAL INSPECTION When the Contractor believes all the contract work is complete in all parts and requirements, the Contractor will notify the Director of Public Works or his authorized representative in writing through a certificate of completion form, which will be provided to the Contractor at the pre-construction conference. After the City receives the Contractor’s certificate of completion, the Director of Public Works or his authorized representative will review the Contractor’s work for substantial performance with the contract documents. If the Director of Public Works or his C-37 GP-18 R6876-0001\1800410v2.doc 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. 36. RESOLUTION OF PUBLIC WORKS CLAIMS This contract is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer conference upon the request of the contractor, for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as through fully set forth herein. This contract is also subject to Public Contract Code Section 9204, which establishes procedures for claims and responses to claims made by a contractor in connection with a public works project. 37. TRENCHES AND EXCAVATIONS In accordance with Public Contract Code Section 7104, whenever the digging of trenches or other excavations extend deeper than 4 feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law: 2) Subsurface or latent physical conditions at the site differing from those indicated; or 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract. In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties. Where applicable, Contractor shall comply with the trench or excavation permit requirement found in Labor Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705. No excavation shall be left open during the C-38 GP-19 R6876-0001\1800410v2.doc weekends or Holidays. 38. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS Subsection 7-15 is hereby added to the Standard Specifications: PART 1 GENERAL 7-15.1.1 SUMMARY A. This Section includes the following: procedures for ensuring optimal diversion of construction and demolition (C&D) waste materials generated by the Work within the limits of the Construction Schedule and Contract Sum. 1. The Integrated Solid Waste Management Act of 1989 (“AB 939”), requires that localities throughout the state develop source reduction, reuse, recycling, and composting programs to reduce the tonnage of solid waste disposed in landfills by 50%; this requirement may increase in the future. C&D waste materials generated by the Work are targeted to achieve these diversion rates. 2. A minimum of 50% by weight of the solid wastes generated in the Work shall be diverted from landfill disposal through a combination of reuse, recycling, and composting activities. 3. This section includes requirements for submittal of C&D Debris Management Plan prior to the commencement of the Work, and during the project, submittal of Contractor’s quantitative reports for construction and demolition waste materials generated by the Contractor as a condition of approval of progress payments submitted to the Contracting Officer, and following completion of the project, as a condition of the release of final project retention. 7-15.1.2 DEFINITIONS A. Class III Landfill. A landfill that accepts non-hazardous waste such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facility permit from the California Department of Resources Recycling and Recovery (CalRecycle) and is regulated by the Enforcement Agency (EA). B. Construction and Demolition Debris/Materials or C&D Debris/Materials. Building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. The debris may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. C. Contracting Officer. The City of Rancho Palos Verdes Director of Public Works or designee. C-39 GP-20 R6876-0001\1800410v2.doc D. C&D Recycling Center. A facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than 10% of the amount separated for reuse or recycling, by weight. E. Disposal. Final deposition of C&D or inert debris into land, including stockpiling onto land of construction and demolition debris that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days; and construction and demolition debris that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year, or stockpiling onto land of inert debris that is for a period of time greater than one year. F. Diversion or Divert. The reuse, recycling or composting of construction and demolition debris to avoid disposal in a landfill. G. Enforcement Agency (EA). Enforcement agency as defined in Public Resources Code 40130. H. Inert Disposal Facility or Inert Waste Landfill. A disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal. I. Inert Solids or Inert Waste. Non-liquid solid wastes including, but not limited to, soil and concrete that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality objectives established by a regional Water Board pursuant to Division 7 (Sections 13000, et seq) of the California Water Code and does not contain significant quantities of decomposable solid resources. J. Mixed C&D Debris. Loads that include commingled recyclable and non-recyclable C&D debris generated at the construction site. K. Mixed Debris Recycling Facility. A processing facility that accepts loads of solid waste and/or recycling materials for the purpose of recovering reusable, recyclable, and compostable materials and disposing the non-recyclable residual materials. L. Recycling. The process of sorting, cleansing, treating and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating or thermally destroying solid waste. M. Reuse. The use of a material that might otherwise be discarded, in the same or similar form as it was produced. N. Separated for Reuse. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been “source separated.” O. Solid Waste. Refer to Public Resources Code Section 40191. C-40 GP-21 R6876-0001\1800410v2.doc P. Source-Separated. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream at the point of generation, for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Q. Waste Hauler. A company that possesses a valid permit from the City of Rancho Palos Verdes to collect and transport solid wastes from individuals or businesses for the purpose of recycling or disposal. 7-15.1.3 SUBMITTALS (see Appendix for submittal forms and other information) A. The C&D Waste Management Plan consists of two submittals: prior to commencement of work (Project Information and Pre-Project Worksheet), and following completion of the project (Post-Project Worksheet). The Contractor may be required to submit interim progress reports during the project. B. The C&D Debris Waste Management Plan requirements, resources and forms are contained in the Appendix. C. Project Information Form and Pre-Project Information Worksheet (Prior to commencement of work). 1. Prior to commencing the Work, submit the completed Project Information (Form A) and Pre-Project Worksheet (Form B). Submit on forms included in Appendix. Forms A and B must include, but not be limited to, the following information: (a) Contractor’s name and project information. (b) Estimated quantities of materials to be generated, diverted and disposed. Review Contract Documents and estimate the types and quantities of materials under the Work that are anticipated to be feasible for on-site processing, or source separation for reuse or recycling. Indicate the procedures that will be implemented to effect jobsite source separation, such as identifying a convenient location where dumpsters would be located, putting signage to identify materials to be placed in dumpsters, etc. (c) Names of haulers and names and locations of re-use, recycling, processing and disposal facilities/sites. (d) Tonnage calculations that demonstrate that Contractor will divert a minimum 50% by weight of the construction and demolition waste materials generated in the Work, and 100% of the land clearing debris. 2. Forms A & B must be approved by the Contracting Officer prior to the Start of Work. C-41 GP-22 R6876-0001\1800410v2.doc 3. Contractor’s C&D Debris Waste Management Plan will not otherwise relieve the Contractor of responsibility for adequate and continuing control of pollutants and other environmental protection measures. 4. Requests for exemptions to the diversion requirements must be submitted to the City prior to commencement of Work. Contractor must provide adequate information to support the request for exemption and explanation of why the diversion requirements cannot be achieved. Requests for exemptions will be considered on a case-by-case basis by the City, and a determination will be made to accept or reject the request for an exemption. D. C&D Debris Post-Project Summary (After completion of project). 1. Submit the completed Post-Project Summary (Form C) on the form attached with each application for progress payment. Failure to submit the form and its supporting documentation will render the application for progress payment incomplete and delay progress payments. If applicable, include manifests, weight tickets, receipts, and invoices specifically identifying the processes and/or facilities used for reuse and recycled materials, including but not limited to the following: (a) On-site crushing of asphalt and concrete for use on-site or off-site. (b) Reuse of building materials or salvageable items. (c) Source separated recycling facilities. (d) Mixed debris recycling facilities. (e) Recycling of C&D debris, including soils, as landfill alternative daily cover. (f) Delivery of soils or mixed inerts to an inert landfill or other use. (g) Disposal of soils or other materials at a landfill or transfer station. (h) Other (describe). 2. The Post-Project Summary (Form C) must quantify all materials generated in the Work, disposed in Class III Landfills, or diverted from disposal through recycling. Indicate zero (0) if there is no quantity to report for a type of material. Include the following information on the form: (a) Indicate project name and address, name of the Contractor completing the Summary Report and compiling backup documentation, the printed name and signature of the person completing the form, and the date that the Post-Project Summary is completed. (b) Report disposal or recycling either in tons or in cubic yards. If scales are available at disposal or recycling facility, report in tons; otherwise, report in cubic yards. Report in units for salvage items when no tonnage or cubic yard measurement is feasible. C-42 GP-23 R6876-0001\1800410v2.doc (c) Indicate locations to which materials are delivered for reuse, salvage, recycling, accepted as daily cover, inert backfill, or disposal in landfills or transfer stations. (d) Provide legible copies of weigh tickets, receipts, or invoices that specifically identify the project generating the material. The documents must be from recyclers and/or disposal site operators that can legally accept the materials for the purpose of reuse, recycling, or disposal. PART 2 PRODUCTS (Not used.) PART 3 EXECUTION 7-15.3.1 SALVAGE, REUSE, RECYCLING AND PROCEDURES A. Identify reuse, salvage, and recycling facilities. Contact your Project Manager for a list of local organizations and companies. B. Develop and implement procedures to reuse, salvage, and recycle new construction, demolition, and excavation materials, based on the Contract Documents, the C&D Debris Waste Management Plan, estimated quantities of available materials, and availability of recycling facilities. Procedures may include on-site recycling, source separated recycling, and/or mixed debris recycling efforts. 1. Identify materials that are feasible for salvage, determine requirements for site storage, and transportation of materials to a salvage facility. 2. Explore the possibility of reusing project job-site inert materials, such as rock, concrete, dirt and aggregate, on-site for road base or other similar uses. 3. Source separate new construction, excavation and demolition materials including, but not limited to the following types: (a) Asphalt. (b) Concrete, concrete block, slump stone (decorative concrete block), and rocks. (c) Red Clay Brick. (d) Soils. (e) Other materials, as appropriate, such as wood and corrugated cardboard. 4. Develop and implement a program to transport loads of mixed (commingled) construction and demolition materials that cannot be feasibly source separated to a mixed materials recycling facility. 7-15.3.2 DISPOSAL OPERATIONS AND WASTE HAULING C-43 GP-24 R6876-0001\1800410v2.doc A. Legally transport and dispose of materials that cannot be delivered to a source separated or mixed recycling facility to a transfer station or disposal facility that can legally accept the materials for the purpose of disposal. B. Use a permitted waste hauler or Contractor’s trucking services and personnel. To confirm valid permitted status of waste haulers, contact the City of Rancho Palos Verdes Public Works Department at (310) 544-5245. C. Become familiar with the conditions for acceptance of new construction, excavation and demolition materials at recycling facilities, prior to delivering materials. D. Legally transport and deliver to facilities that can legally accept new construction, excavation and demolition materials for purpose of re-use, recycling, or composting E. Do not burn, bury or otherwise dispose of solid waste on the project job-site. 7-15.3.3 REUSE AND DONATION OPTIONS A. Implement a reuse program to the greatest extent feasible. Options for reuse may include, but are not limited to: 1. Los Angeles County Materials Exchange (LACoMax) LACoMAX is a free service provided by the Los Angeles County Department of Public Works, Environmental Programs Division, designed to help residents, businesses, and organizations in Los Angeles County find markets for their industrial by-products, surplus materials, and other would-be discards. All exchanges are coordinated between the parties. The site can be accessed at www.ladpw.org/epd/lacomax. 2. California Materials Exchange (CalMAX) is a free service provided by the State of California, Department of Resources Recycling and Recovery (CalRecycle) that connects businesses, organizations, manufacturers, schools, and individuals with online resources for exchanging materials. The site can be accessed at www.calrecycle.ca.gov/CalMAX. 3. Habitat for Humanity ReStore resale outlets accept donated home improvement goods like furniture, home accessories, building materials and appliances. The materials are sold to the general public. The proceeds help local Habitat affiliates fund the construction of Habitat homes within their communities. Locations of ReStores can be found at: www.habitat.org/restores. 7-15.3.4 REVENUE A. Revenues or other savings obtained from recycled, re-used, or salvaged materials shall accrue to Contractor unless otherwise noted in the Contract Documents. C-44 SP - 1 R6876-0001\1800412v2.doc SPECIAL PROVISIONS A. GENERAL PROJECT INFORMATION 1. REQUIREMENTS All work embraced herein shall be accomplished in accordance with the applicable portions of the “Standard Specifications for Public Works Construction,” the 2012 edition, including all supplements, herein referred to as “Standard Specifications, except as modified by these Special Provisions and the Project Plans. The U.S. Standard Measures also called U.S. Customary System is the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents. In addition to the above, the Contractor shall comply with the requirements of the following: (a) Notice Inviting 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 (Payment 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: C-45 SP - 2 R6876-0001\1800412v2.doc 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. 3. PROJECT PLANS The location of the work, its general nature, extent, form and detail of the various features are listed as a part of these Specifications. 4. SCOPE OF WORK In general, the work comprises without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to construct the Storm Drain Improvements which includes removing existing storm drain, installing new HDPE and concrete storm drain facilities, catch basins, incidental removal and reconstruction of asphalt concrete pavement, removing and reinstalling concrete curb and gutter, removing and reconstructing miscellaneous concrete structures, temporary traffic control measures, large tree removals, grading, and other appurtenant items not mentioned that are required to complete the work between Scotmist Drive and Peacock Ridge Road including work within the private residential property at 6037 Scotmist Drive as more clearly described in the Contract Documents. This work shall 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. 5. NOTICE TO PROCEED Upon award of this contract and signing the contract documents, the City shall issue the Contractor a Notice to Proceed. Contract period shall commence on the date in the Notice to Proceed. Working days are defined as Monday through Friday, with the exception that no work may take place on the following City holidays: • Memorial Day • Independence Day & day before Independence Day • Labor Day • Election Day C-46 SP - 3 R6876-0001\1800412v2.doc • Thanksgiving Day • Day after Thanksgiving Day • December 25 to January 2 In addition, no work will be allowed on any special election day which may be declared. Should a special day be declared, a time extension of one working day will be granted for each day. The City will not authorize any work to be done under these Specifications before the contract agreement has been fully executed; and any work that is done by the contractor in advance of such time shall be considered as being done at Contractor’s own risk and responsibility, and as a consequence will be subject to rejection by not having been done in the presence of the Director of Public Works or Inspector as provided in Section 2-10 of the Standard Specifications. In the event that the Director of Public Works shall be of the opinion that the work is being inadequately or improperly executed in any respect, he/she may demand that the Contractor improve or change the execution of the work in such manner as to assure proper and timely completion. 6. UTILITIES 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 (solid waste) (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 USPS (310) 541-0624 7. STREET CLOSURES No closure of any street shall be allowed unless prior written permission is obtained from the Director of Public Works or his authorized representative. If permission to close a street is granted, then the Contractor is required to notify the Engineer in writing at least five (5) working days in advance of street closures, and all emergency services, public transportation services, garbage collections services, and school bus services, and other agencies as determined by Department of Public Works shall be notified by the contractor in writing of the locations, time and date of the closures a minimum four (4) C-47 SP - 4 R6876-0001\1800412v2.doc 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 LAC Sheriff’s Department (310) 539-1661 Western Waste Industries (310) 830-7100 MTA (bus) (213) 626-4455 LAC Fire Department (310) 830-3361 Los Angeles School District (818) 997-2455 PV Transit (310) 544-7108 Peninsula Dial-A-Ride (310) 544-7108 Waste Management (800) 669-6580 Postmaster (310) 377-6833 BFI (310) 329-4115 Palos Verdes Unified School District (310) 378-9966 Ivy Rubbish Disposal (310) 530-2899 8. CONFERENCE The Contractor shall attend a pre-construction meeting with the Director of Public Works or his authorized representative, which shall be held a minimum of five (5) working days prior to commencement of any work. The Contractor shall submit his 24-hour emergency telephone numbers to the Director of Public Works or his authorized representative for approval a minimum of two (2) working days prior to the pre-construction conference. 9. PUBLIC CONVENIENCE AND SAFETY (a) General: Attention is directed to Section 7-10 of the Standard Specifications and the Manual of Warning Signs, Lights and Devices for Use in Performing Work Upon Highways, published by the California Department of Transportation. Public convenience and traffic control shall conform to Section 7-10 of the Standard Specifications for Public Works Construction, the California MUTCD and the MUTCD California Supplement, latest edition, except as modified by these Special Provisions. Contractor to prepare traffic control plans, as needed at various times, in compliance with the standard specifications stated herein and with the City of Rancho Palos Verdes approvals and directions. (b) Warning and Protection Devices: The Contractor will be responsible for providing, placing and maintaining approved signs, barricades, pedestals, flashers, C-48 SP - 5 R6876-0001\1800412v2.doc 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. 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. 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. All signs shall be legible, clean and free of graffiti. C-49 SP - 6 R6876-0001\1800412v2.doc The order of work and phasing requirements, except where otherwise specifically required by the plans and specifications, shall be determined by the Contractor who shall be solely responsible for coordinating all subcontract and prime contract work to minimize delays during construction. The Contractor shall maintain access for emergency vehicles at all times on all streets. All traffic control layouts and work sequence instructions shall be developed to account for continuous emergency vehicles access and driveway access. There shall be a minimum of 5’ clearance from open excavations and 2’ from other obstructions (curbs, k-rail, etc) for the motoring public. All lanes shall be open to traffic during non-working / “non-lane restriction” hours. No street restrictions shall be allowed without advanced written approval from the Engineer. Certified flaggers with hand-held communication devices, proper safety vests and signage shall be required at all times wherever the useable roadway is restricted, to ensure for the safe passage of motorists at all times. Certified flaggers are required where travel lanes in each direction cannot be maintained. 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-20 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, Los Angeles County Sanitation District, and USPS. 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 C-50 SP - 7 R6876-0001\1800412v2.doc 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. The Contractor shall use and maintain caution tape between barriers for all open excavations. The Contractor is notified that there are a significant number of bicycle riders, pedestrians and joggers in the City. The Contractor shall develop and operate his traffic control activities with this in mind. He shall conduct his operations in a safe manner for cyclists and pedestrians as well as vehicles. PAYMENT: Payment for Traffic Control implementation shall be made at the unit bid price per lump sum. Payment for traffic control including equipment, materials, and labor shall be included in the bid lump sum price. 10. SANITARY CONVENIENCE Necessary sanitary facilities for the use of workmen on the job shall be provided and maintained in an approved manner by the Contractor, properly secluded from public observation and in compliance with health ordinances and laws, and their use shall be strictly enforced by the Contractor. Any workman who fails to use the sanitary facilities as intended shall be removed from the project site permanently at the sole discretion of the Engineer. C-51 SP - 8 R6876-0001\1800412v2.doc 11. CONSTRUCTION YARD It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites either located on public or private property must be approved in advance by the Director of Public Works or his authorized representative. If permission is given to use a City site, the Contractor shall repair any damage as a result of his operations and any repairs will restore the site to new and not pre -existing conditions. When storage sites are to be 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. 12. EQUIPMENT REQUIREMENTS Contractor shall furnish all equipment required to safely complete the work and avoid, if possible, conducting any on-site maintenance or repair of said equipment. Necessary minor maintenance may be conducted on site; however, all maintenance and/or repairs shall be completed Monday through Friday 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. 13. PRESERVATION OF PROPERTY Existing improvements in areas adjoining the locations whereon construction activities are being performed shall be protected from injury or damage resulting from the operations of the Contractor. In like manner any building, structure, tree, shrub, or other item in the vicinity of the Contractor’s operation, shall be similarly protected and preserved. Vegetation cleared during site preparation shall become the property of the Contractor and shall be removed from the area unless otherwise directed by the Director of Public Works or his authorized representative. 14. NPDES COMPLIANCE/WATER POLLUTION CONTROL Contractor shall prepare a Storm Water Pollutants Protection Plan (SWPPP) in compliance with the State of California Water Resources Control Board Construction General Permit, Order No. 2012-0006-DWQ NPDES No. CAS000002. The SWPPP shall be kept on site at all times and adhered to. C-52 SP - 9 R6876-0001\1800412v2.doc Water pollution control shall consist of constructing those facilities specified by these Contract Documents, required by law, or as ordered by the Director of Public Works or his authorized representative. Said work is intended to provided prevention, control and abatement of water pollution to streams, oceans and other bodies of water. Full compensation for conforming to the requirements in this entire section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. Housekeeping/Cleanup: The Contractor shall prevent pollution of storm water from cleanup and disposal operations by using best management practices and good housekeeping methods. When fluids or dry materials spill, cleanup should be immediate, thorough, and routine. The Contractor shall never attempt to “wash them away” with water, or bury them. The Contractor shall report significant spills to the appropriate spill response agencies immediately. The Contractor shall recognize that different types of materials have different disposal requirements and follow appropriate practices. The Contractor shall confine non-hazardous debris to dumpsters, covered at night or during wet weather, and taken to a landfill for recycling or disposal. The Contractor shall handle hazardous debris in accordance with specific laws and regulations and dispose of as a hazardous waste. A separate permit is required. Common hazardous debris found on construction sites are: (liquid residues from paints, thinners, solvents, glues, and cleaning fluids. Leaching agents form lumber such as formaldehyde, arsenic, copper, creosote and chromium, motor oil, gear oil, antifreeze fluids, brake fluids, etc., unused pesticides.) Sanitary Waste Management: The Contractor shall prevent the discharge of sanitary waste to storm water by providing convenient, properly located, well maintained facilities. The Contractor shall hire a licensed portable sanitary facility leasing company which will clean the facilities regularly and keep them in good working order. The Contractor shall make sure that portable sanitary facilities are located on relatively level ground away from traffic areas, drainage courses, and storm drain courses, and storm drain inlets. The Contractor shall regularly inspect the facilities for any leaks, and have defective units replaced. 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 areas and place drip pans and absorbent material under stored equipment that is prone to leaking and dripping (e.g. paving equipment). C-53 SP - 10 R6876-0001\1800412v2.doc If the Contractor must drain and replace motor oil, radiator coolant, or other fluids on - site, use drip pans or drop cloths to catch drips and spills. The Contractor shall collect all spent fluids, store in separate containers, and recycle whenever possible. Note: For recycling purposes, such liquids must not be mixed with other fluids. Non-recycled fluids generally must be disposed of as hazardous waste. Surface and Subsurface Water Control: The Contractor shall prevent or reduce the discharge of pollutants to storm water from surface and subsurface water control operations by using all appropriate methods: For surface water control operations where the flow is routed to bypass the construction area, establish stable (erosion resistant) conveyance routes for the diverted flow. Trap any significant sediment (e.g., mud) generated by the rerouted flow in a sediment trap, filtering berm, or basin. In subsurface pumping or other subsurface water control operations where significant amounts of sediment (e.g., mud) are present in the removed water, capture the sediment in a sediment trap, filtering berm, or basin. If a sediment trap or basin is required for the surface or subsurface water control operations, the facility should be designed such that the sediment is settled or trapped in the facility prior to discharging of the water. In areas suspected of groundwater pollution, sample the groundwater near the excavation/pumping site and have the water tested for known or suspected pollutants at a certified laboratory. Any proposed discharge of groundwater may be subject to requirements of the Regional Water Quality Control Board if water is discharged to groundwater or land. Concrete and Mortar Products: The Contractor shall prevent or reduce the discharge of pollutants to storm water from concrete waste by conducting washout at appropriate off- site locations, performing on-site washout in a designated area, and training employees and subcontractors. The Contractor shall store and mix dry and wet materials either off -site or under cover, away from drainage areas. 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 is set, 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 C-54 SP - 11 R6876-0001\1800412v2.doc of pollutants from asphalt and bituminous operations, by preventing run-on and run-off during the operation, properly disposing of waste, and training employees and subcontractors. The Contractor shall: Avoid prime or tack coating during wet weather. Store materials away from drainage courses to prevent material from entering the run-off. Cover catch basins and manholes when applying seal coat, tack coat, slurry seal, fog seal, etc. Make sure sand or gravel placed over new asphalt does not wash into storm drains, streets, or creeks. Dispose of old asphalt properly. Collect and remove all broken asphalt from the site and recycle whenever possible. Do not dispose of asphalt products into waterways. Follow the storm water permitting requirements for industrial activities if paving involves an on-site mixing plant. Construction Water: The Contractor shall reduce or eliminate excessive construction water that may cause erosion and carry pollutants from the site. The Contractor shall: Store construction water in leak-proof tanks, located away from the drainage system. Use construction water conservatively. Whenever possible, dispose of excess water on- site, by allowing it to soak into the ground. PAYMENT: STORMWATER BEST MANAGEMENT PRACTICES shall be paid per lump sum price and includes all material, labor, equipment, and BMP required to implement the STORMWATER BEST MANAGEMENT PRACTICES. 15. SAFETY, SANITARY AND MEDICAL REQUIREMENTS The Contractor, his employees, his subcontractors and their employees shall promptly and fully carry out such safety, sanitary and medical requirements as may from time to time be prescribed by the Industrial Safety Commission and by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be conserved and safeguarded. In case any such regulations and orders are not observed by the Contractor, they may be enforced by the Director of Public Works or his authorized representative at the Contractor’s expense. 16. ELECTRICAL POWER The Contractor shall provide, at his own expense, all necessary electrical power required for his operations under the contract. 17. PROTECTION OF UNDERGROUND FACILITIES Attention is directed to the possible existence of underground facilities not known to the City or owner or in a location different from that which maybe indicated on the plans or in these Special Provisions. The Contractor shall take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service. If the Contractor discovers underground facilities not indicated on the Plans or in these Special Provisions, Contractor shall immediately give the Director of Public Works or his authorized representative written notification of the existence of such facilities. Such previously unknown facilities shall be protected from damage as directed by the Director of Public Works or his authorized representative and the Contractor will be paid for such work as extra work as provided in Section 3-3 of the C-55 SP - 12 R6876-0001\1800412v2.doc Standard Specifications. 18. AIR POLLUTION CONTROL Section 7-8.2, “Air Pollution,” of the Standard Specifications is supplemented by the following: Safety & Ventilation – Construction Activities shall be conducted in compliance with OSHA requirements for confined space. The Contractor is responsible for providing a method statement and implementing necessary practices to comply with OSHA Safety and Ventilation standards. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents including, but not limited to the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply with the applicable material requirements of the County Air Pollution Control District. 19. PROJECT APPEARANCE The Contractor shall maintain a neat appearance to the work. The project streets and any street adversely affected by the Contractor’s activities shall be kept clean at all times. A motorized vacuum sweeper is required pursuant to the second paragraph of Subsection 7-8.1 of the Standard Specifications. In any area visible to the public, the following shall apply: When practicable, 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. C-56 SP - 13 R6876-0001\1800412v2.doc 20. WORK HOURS The construction shall be conducted between the hours of 8:00 AM and 5:00 PM Monday through Friday on non-school days and 9:00 AM and 4:00 PM on school days excluding those listed in the Public Convenience and Safety-Traffic Control section, and City holidays listed elsewhere in these specifications. Deviation from normal working hours will not be allowed without prior written consent of the Director of Public Works or his authorized representative. In the event work is allowed by the Director of Public Works or his authorized representative outside of the normal working hours, at the request of and for the benefit of the Contractor, inspection service fees shall be levied against the Contractor at a rate of $150.00 per hour, plus travel time where applicable. The above charge would be levied for inspection services as necessary as a matter of public safety and to ensure the quality of the work. If Contractor anticipates that night work will be needed, it must be so stated in the proposal and that it is understood that it will only be allowed by the written consent of the Director of Public Works. If work is permitted after sunset, the Contractor shall provide, at its expense, adequate light for proper prosecution of the work for the safety of the workmen and the public, and for proper inspection. 21. SCHEDULE AND PUBLIC NOTICES Within five (5) calendar days of notification of award of the Contract, the Contractor shall prepare and submit an overall work schedule, meeting the following criteria, to the Director of Public Works or his designated representative: The Notice to Proceed will not be issued until the schedule has been submitted in a substantially complete form. Any delays, including postponement of preconstruction conference prior to start of construction resulting from incomplete schedule submittal shall be cause for assignment of liquidated damages of $1,000 per day. The preconstruction conference shall not be considered viable without a work schedule. Such schedules and maps shall include the exact address of each location where work is to be performed and shall be subject to the review and approval of the Director of Public Works or his authorized representative. Said schedule must show the dates of the expected start and completion of all the various bid items, including but not limited to street patching, ramp and curb construction, paving construction, and crack sealing. The schedule shall be in the form of a Gantt/Bar Chart and a Critical Path Method schedule, and both shall be in sufficient detail to show the chronological relationship of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, scheduling of equipment and procurement of materials. No work shall take place until the Director of Public Works or his authorized representative and the Contractor have agreed to the schedule to be followed by the Contractor. Upon commencement of work, that work shall be completed as soon as practical in each project area. Locations with open construction or incomplete work shall not remain inactive. The Contractor shall limit the extent of his operations as needed to ensure that C-57 SP - 14 R6876-0001\1800412v2.doc work areas are completed in each location in a diligent and expeditious manner. If a location is left inactive, the City may assess a penalty of $500 per day for each specific location of work for each day of inactivity. Concrete shall be placed within 3 days of existing material removals, except that concrete for cross gutters, local depressions, and spandrels shall be placed within 1 day of removal. Excavations within the street section shall not be left open over weekends or holidays. Locations of AC repairs shall be placed on the same day as removal of existing asphalt. AC for slot patches shall be placed within 3 days of PCC placement. During the conference between the Contractor and the Director of Public Works or his authorized representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to temporarily delay the work schedule agreed upon during the scheduling conference, every effort will be made to permit a new work schedule at the time most convenient to the Contractor, thus permitting the project to proceed with the shortest intramural movement of the equipment within the project. Except as otherwise specified, Contractor shall submit requests for changes in the schedule in writing to the Director of Public Works or his authorized representative for approval at least 2 working days prior to the scheduled work on the affected streets. For each calendar day a revised schedule is delinquent, Fifty Dollars ($50.00) may be deducted from the pay estimates and the total contract price for the work. The City of Rancho Palos Verdes strictly adheres to a policy whereby property owners are kept fully informed as to potential inconveniences caused by construction activities within the City. Every effort is made to minimize these inconveniences. Toward this goal, the Contractor will be required to thoroughly schedule his work and to share that schedule with the property owners affected by the project. This shall be accomplished using door hangers and on-street posting placed 72 hours prior to the planned activity which may cause an inconvenience at that particular location. The date of beginning of closure shall be shown on the notice. In order to avoid unnecessary problems through the construction period, it is mandatory that all schedules are prepared to fully-address all of the known controls which must be scheduled around. The following list of controls shall be incorporated into the schedules prepared by the Contractor:  Access to each drive shall be available unless the property owner has been properly notified.  Parking restrictions will be allowed only when interfering work is underway on any street.  Trash pickup is scheduled once each week for the streets within the project. The Contractor may not perform any work on any street’s scheduled trash pickup day. The Contractor shall provide access for trash pickup on streets not scheduled for paving in the area. A list of streets with scheduled trash pickup days is included in the Appendix. C-58 SP - 15 R6876-0001\1800412v2.doc  Rescheduling shall be avoided if at all possible. Any rescheduling will require the approval of the Public Works Department.  Street sweeping is scheduled once a month.  Door hangers and street posting shall be completed for any roadway where construction activities impact parking or access.  Construction activities for which notification has been made, and have not been completed within 72 hours of posting, will require a second posting and shall not commence until 48 hours after the door hangers have been distributed. Contractor may change the date of no parking on the posted no-parking signs, but only after a new door hanger is delivered to all properties affected by the signs and only if the date of construction is still within the original 72 hours from date of the original posting. The new door hanger shall notify the occupant of the change of date of work and state the date on the door hanger notice. 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. The following items shall be shown in the active schedule list: Trash pickup Street sweeping Street posting (No Parking) (48 to 72 hours prior to any construction activities in the street) • Palos Verdes Drive South • Peppertree Drive 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. 22. PHOTOGRAPHIC SURVEY OF ALL EXISTING CONDITIONS The Contractor is encouraged to undertake an extensive photographic survey of all existing improvements that could possibly be affected by the construction activities. This survey will include, but is not limited to landscaping, streets, plants, and visible utilities. In the event of a claim, the onus will be on the Contractor to be able to clearly demonstrate that the photographic survey shows that it is a pre-existing condition of the 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. C-59 SP - 16 R6876-0001\1800412v2.doc 23. MOBILIZATION Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, construction trailer, portable toilets and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, City business license and financing prior to beginning work on the 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). Schedule updates shall be provided monthly with each progress payment, and in accordance with these specification requirements and as directed by the Engineer. The Contractor’s project manager, superintendent and foreman are required to attend the pre-construction meeting and weekly progress meetings. The Contractor shall have on the work site at all times, as its agent, a competent English speaking superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from City’s Construction Representative. The Contractor is responsible for securing an adequate storage site for equipment and materials (see separate items that detail these requirements elsewhere in these General Provisions). The cost of providing bonds, insurance, financing, moving equipment to the job site and preparing an approved work schedule shall be 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 made at the unit bid price per lump sum. Payment for mobilization including equipment, materials, and labor shall be included in the bid lump sum price. The City of Rancho Palos Verdes shall waive its permit fee. The Contractor shall comply with the requirements specified of each license. Mobilization shall also include the cost, time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, the costs to set up/maintain/vacate the staging area, the costs to set up/maintain/vacate the field office and toilet facilities and all other related work as required for all non-working days during the course of construction. Mobilization shall also include all related “De-mobilization” costs, including the removal of any remaining USA utility markings or other construction paint markings. 24. PROJECT MONUMENT SURVEYS AND CONSTRUCTION STAKING 24.1 Permanent Survey Markers C-60 SP - 17 R6876-0001\1800412v2.doc 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 City will employ a licensed land surveyor to establish the location of the monument before it is disturbed. The City will 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 will file corner record(s) as required by '' 8772 and 8773, et seq. of the California Business and Professions Code. Copies will 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. PAYMENT: Payment for adjustment of monument frame and cover to new grade shall include documentation of any disturbance or relocation, horizontal or vertical and providing such documentations to the City. Payment for this work shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. 24.2 Center Line Ties Center line ties and/or monuments will be inventoried, tied out and prepared by third party survey crew assigned by the City of Rancho Palos Verdes. The Contractor is not responsible to locate centerline ties and/or monuments at locations which are part of the project as directed by the Director of Public Works or his authorized representative. Contractor shall notify city staff if any monument or ties within the construction zone appear to have been overlooked. The monuments will be inventoried, tied out, and a centerline tie sheet will be prepared and submitted to the Engineer by the third party survey crew. Contractor shall continue to provide construction staking as needed. 24.3 Payment for Construction Staking Payment for work performed to control the construction activities shall be included in the actual bid items requiring the survey work, and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work, and no additional payment will be made therefor. 24.4 Lines and Grades Except when, as per orders from the Director of Public Works or his authorized representative, minor changes in the work are to be made by the Contractor, all work shall, during its progress upon completion, conform to the lines, grades, and elevations shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three (3) consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line, and in case any such discrepancy exists, it must be reported to the Director of Public Works or his authorized representative. Failure to make this report shall make the Contractor C-61 SP - 18 R6876-0001\1800412v2.doc responsible for any such error in the finished work. Payment - Except as otherwise provided in the Standard Specifications or elsewhere in these Special Provisions, full compensation for conforming to the requirements in this section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor. [CONTINUED ON NEXT PAGE] C-62 SP - 19 R6876-0001\1800412v2.doc B. PROJECT SPECIAL PROVISIONS PEACOCK RIDGE ROAD DRAINAGE IMPROVEMENTS PROJECT NO. 8723 1- GENERAL 1.01 Work Included -- Work includes, but is not necessarily limited to: Furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to construct the Storm Drain Improvements which includes removing existing storm drain, installing new HDPE and concrete storm drain facilities, catch basins, incidental removal and reconstruction of asphalt concrete pavement, removing and reinstalling concrete curb and gutter, removing and reconstructing miscellaneous concrete structures, temporary traffic control measures, large tree removals, grading, and other appurtenant items not mentioned that are required to complete the work between Scotmist Drive and Peacock Ridge Road including work within the private residential property at 6037 Scotmist Drive as more clearly described in the Contract Documents. 1.02 Submittals - Except as provided in other bid items, no separate payment shall be made for required project submittals. Submittals shall include all materials, plans, diagrams, and drawings as called for in the specifications, and as may be required by the work, and shall include at least the following: Project Schedule Concrete mix design per 201-1.1 Asphalt Concrete mix design 203-6.2 HDPE Storm Drain Pipe Rebar Grates Sand Backfill Contact List Class “A” Top Soil (if used) Notices 1.03 Product Handling Use all means to protect all materials, before, during, and after installation. In the event of damage, immediately make all repairs and replacements necessary to the approval of the City’s designated representative at no additional cost to the Owner. Workmanship must comply with printed instructions and recommendations of the manufacturer, and with the highest standards of the industry. 1.04 Warranty The contractor shall provide Owner a one-year warranty in writing that guarantees the completed work to be free from defects in materials and workmanship. Contractor to guarantee 72 hour call-out response to requests for warranty work during warranty period. C-63 SP - 20 R6876-0001\1800412v2.doc 2 - FURNISH AND APPLY WATER Furnishing and applying water shall be considered as included in the unit prices paid for the various bid items requiring water, and no additional compensation will be allowed therefor. Should the Contractor require water for construction operations, such as for compaction and dust control, he shall apply for a water meter from, and follow the requirements of California Water Service Company. 3 - UNCLASSIFIED EXCAVATION General: Unclassified excavation shall consist of all excavation, including hardscaping, landscaping, soils, rock, roadway, concrete pavement, curb, sidewalk, gutters, cross gutters and driveways bituminous pavement, and all other existing materials as necessary to complete the intended construction items. 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 sub grade or paving materials. Removal at flow line areas shall include restoring pavement surface to flow line grade based on surrounding conditions. Existing utilities are not marked out. The Contractor shall be responsible for location and determining the depths of all utilities and to provide adequate clearance. No additional compensation shall be allowed for utility research. Removal of all AC items shall be paid under their respective bid items, and no additional payment shall be made therefor in this bid item. Removal of Concrete Curb, Gutter, Sidewalks, Access Ramps and Driveways: Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1.5 inches. Concrete sidewalk 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. Removal of all PCC items shall be paid under their respective bid items, and no additional payment shall be made therefor in this bid item. C-64 SP - 21 R6876-0001\1800412v2.doc Earthen Excavation Following clearing and grubbing, the top six inches (6”) of soil in excavation at locations not presently covered with concrete or AC shall be considered top soil. Top soil excavations shall be set aside for replacement following trench backfill as required by plans. Any excavation performed as part of this work shall not be exposed for longer than 48 hours. Permanent concrete, where required by the plans, or finished earthen grades must be placed or achieved over the excavated area by the end of the day on the Friday, or the day before any City holiday, of the same work week that the excavation is performed. Where sensitive plants/bushes in parkway may be permanently damaged by excavation equipment, the sidewalk shall be manually excavated to avoid damage to the landscaping. All open excavations must be protected with lighted barricades and caution tape. All roots found within excavation area shall be removed per subsection 300-6.2 of the Standard Specifications. The Contractor shall coordinate all root removals with the City Arborist. Payment: Full compensation for Unclassified Excavation shall be considered as included in the various bid items requiring such, and shall include furnishing all labor, materials, tools, equipment, incidentals, and appurtenant work required to complete the work as shown on the plans and in accordance with the specifications. No additional compensation will be allowed. 4 – REMOVE EXISTING CSP STORM DRAIN The existing CMP storm drain pipe within the existing storm drain easement area and the Peacock Ridge Drive right of way shall be removed as shown on plans and properly disposed of off the project site. Payment: Remove Existing CSP Payment for removal of existing CSP shall include all work and materials as described above necessary to remove the CSP, complete, to the limits shown on the plans. 5 – CLEARING AND GRUBBING The Contractor shall clear and grub as necessary to provide access for equipment and perform the noted construction work as shown on plans. Clearing and grubbing includes the removal of existing trees within the easement area of 6037 Scotmist Drive. Payment: Payment for clearing and grubbing shall be per the lump sum bid price for Clearing and Grubbing, and no additional compensation will be allowed therefore. C-65 SP - 22 R6876-0001\1800412v2.doc 6 - 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 sub-grade specified herein, the Contractor shall make a reasonable effort as directed by the Director of Public Works, 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, 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. The last sentence of the first paragraph of Subsection 301-1.3 of the Standard Specifications is deleted and replaced by the following: When base or sub base material, curb, gutter, pavement, driveways, or sidewalks are to be placed on the subgrade material, the top 6 inches (150mm) of such subgrade material shall be compacted to a relative compaction of 95 percent. Payment: Payment for preparation of sub-grade will be considered as included in the item of work for which the sub-grade is prepared, and no additional payment will be made therefor. 7 – CONCRETE STRUCTURES General Concrete culverts, catch basins, drainage structures, foundations and similar structures shall be constructed in conformity with the plans and specifications. Concrete for use in work constructed under this section shall conform to the requirements of Section 201 of the Standard Specifications however, the minimum strength shall be 3250 psi. Type V Portland cement shall be used. Payment: Payment for concrete structures will be made in conformance with the terms of the Contract and will be based on unit prices or lump sum amounts as set forth in the bidding schedule. 8 - UNDERGROUND CONDUIT CONSTRUCTION Trench Excavation: General C-66 SP - 23 R6876-0001\1800412v2.doc Excess Material - It shall be the Contractor’s responsibility to remove and dispose of all excess material resulting from earthwork operations, including excavation material of any character that is not suitable for use in fill or backfill. Unless otherwise approved by the Engineer such material shall be removed from the work site immediately after completion of work causing the surplus material. The Contractor shall make his own arrangements for a disposal site, but in no instance shall any material be wasted or dumped in any area until permission of the owner of the property has been secured in writing, and a copy of the permit has been furnished to the Engineer. The cost of disposal of excess or waste material shall be borne by the Contractor. The Contractor shall provide and maintain, at the construction site, ample means and devices with which to remove and properly dispose of all water entering the excavation. Diversion of surface water from the excavation site shall be the responsibility of the Contractor, and no separate compensation will be allowed for the removal of surface water from the excavation site. Maximum and Minimum Trench Width Banks of open cut trenches shall be kept as nearly vertical as possible and, where necessary in order to maintain the banks vertical, the trench shall be properly sheeted and braced. For trenches exceeding a depth of four (4) feet, the sides of the trench shall be cut back at a slope of 2:1 or properly supported with an adequate trench shoring system. Trenches shall not be less than four (4”) inches or more than six (6”) inches wider than the outside edge of the pipes to be laid therein, measured at the springline of the pipe, and shall be excavated true to line. In the event shoring is required, the width of the trench may be increased a maximum of twelve (12”) inches to accommodate the sheeting. Bell holes, if applicable, shall be excavated to ensure pipe barrel resting for its entire length upon the bottom of the trench on undisturbed soil, thoroughly compacted backfill, or gravel bedding. Installation of Pipe: Bedding Bedding should be installed to the specifications detailed in the Standard Specifications. The material excavated from the storm drain trench may be suitable as backfill in allowable areas shown on the trench detail shown on the plans. A minimum four (4”) inch thick layer of sand shall be placed under the pipe and extend upwards to depth that is six (6”) inches below finished grade above the top of the pipe. The sand material shall meet the requirements of Standard Specifications Table 200-1.5.5 and be compacted to 95% relative compaction. C-67 SP - 24 R6876-0001\1800412v2.doc The trench bottom shall be graded to provide a smooth, straight, firm and stable foundation at every point throughout the length of the pipe. At each join in the pipe, the bottom of the trench shall be recessed in such a manner as to relieve the joint from all load and to ensure continuous bearing along the pipe barrel. The recess shall also be large enough to prevent foreign material from entering the pipe. If any trench, through the neglect of the Contractor, is excavated below the grade required by the Plans and these Special Provisions, it shall be refilled to grade with additional bedding. The excess excavation and the additional bedding shall be at the Contractors expense. It is possible that soft, spongy, or unstable material will be encountered at pipeline grade and that this material will not support the pipe or other indicated construction properly. The Contractor shall remove said unsatisfactory material to an over-depth and width as ordered by the Engineer. The Contractor shall be paid on a cost per cubic yard basis as provided in the Standard Specifications. Said cost shall include the cost for specific bedding material as required by the Engineer to replace the over-excavated material. Should over-excavation of soft, spongy, or unstable trench bottom material be the result of the Contractor’s failure to remove groundwater in a timely and continuous manner or failure to divert surface water flow away from the excavation site, the Contractor shall be required to over- excavate and re-establish the trench bottom line and grade at his own cost per these Special Provisions. In the case where an existing utility is a sewer or water line, sand bedding shall be required to a minimum of twelve (12”) inches above the existing pipe. Backfill and Densification: General Backfill shall be placed as specified in the Standard Specifications Subsection 306- 1.3.2 or 306-1.3.3, and compaction requirements shall be in accordance with the following: The trench from the top of the bedding material to the subgrade shall be backfilled, compacted, and/or consolidated by approved methods to obtain relative density of ninety-five percent (95%). The entire trench backfill and all transverse trench operations on streets may be backfilled with a sand-cement slurry mix comprised of 100 lb. of cement per cubic yard to sand. Sand shall conform to “Grading E” of the Standard Specifications as indicated in Section 201-1.3.2 of the Standard Specifications. Basis for Payment for Open Trench Installation C-68 SP - 25 R6876-0001\1800412v2.doc The price per foot for pipe in place, in addition to those items as noted in the Standard Specifications shall include: groundwater and surface water control, excavation, shoring, bracing of utility lines as required, any pipe removal, bedding and backfill material, placement and compaction, sand slurry mix, imported backfill material as may be required, removal of excess excavated material and/or native material unsuitable for backfill, subgrade material, preparation and compaction, temporary resurfacing materials, miscellaneous concrete except as otherwise shown on the plans, and all other items as specified in these Special Provisions and Section 306-1.6 of the Greenbook Standard Specifications for Public Works Construction. Payment for HDPE pipe shall include all work and materials as described above necessary to install this facility, complete in place, to the limits shown on the plans. 9 – BEST MANAGEMENT PRACTICES Best Management Practices/ NPDES Compliance shall be as specified in the Special Provisions of these specifications, and shall be paid per lump sum under bid item Stormwater Best Management Practices, and no additional compensation shall be allowed. 10 - PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS General: Except as may otherwise be provided in specific instances, nothing in the Contract shall be constructed as vesting in the Contractor any property right in any material, article or structure existing at the time of award of Contract within the area in which the work is to be done; or in any material or article subsequently furnished for the work by the Contractor after having been accounted for on an approved estimate supporting the Contractor's demand for payment as provided in Section 9. In the latter event any such material, article, structure or work shall become the property of the agency after being so accounted for. The Contractor shall maintain all existing signs including, but not limited to directional, warning, advisory, regulatory, bus stop, and street markers, in an erect and functional position and condition all times during the construction period in temporary locations as designated by the Director of Public Works. Any of these facilities which are damaged or lost shall be replaced by the Contractor at no cost to the Agency. Contractor shall restore curb markers, curb and roof drains, landscaping, irrigation, natural and artificial turf, reflective raised markers, etc. interfering with PCC construction. Contractor shall submit video documentation with a log of existing damages prior to commencing with work. Should a resident claim existing improvements were damaged by construction, and Contractor did not confirm status per above, Contractor shall restore existing improvements at no cost to the City. When an interfering portion of a privately owned sprinkler system is removed, heads and other salvable material shall be carefully removed and stored. 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. Protection and restoration of existing improvements shall be considered part of the various items of work and no separate compensation will be allowed therefor. C-69 SP - 26 R6876-0001\1800412v2.doc Contractor shall protect under-sidewalk yard drain pipes during construction and replace pipes which are in subpar condition. Contractor shall protect existing concrete adjacent to proposed improvement area. Damage to existing concrete shall be removed and replaced to existing score line at Contractor’s expense. Contractor shall confirm operational status of all affected irrigation with inspector and resident prior to commencing work. Should resident claim their system was damaged by construction, and Contractor did not confirm status per above, Contractor shall restore system to operation at his own cost. All spray paint and markings used for locating utility lines, identifying work locations, or any other purpose, shall be completely removed by power-washing. Any residual discoloration left from temporary A.C. cold mix patches in the sidewalk and curb area shall also be removed by power-washing. All NPDES guidelines shall be followed when power-washing, including vacuuming of water (or other method approved by the Director of Public Works or his authorized representative) to prevent it from entering any storm drain. Payment for this work shall be included in the cost of the bid items for replacement of PCC sidewalk and PCC curb and gutter, respectively. The Contractor shall be responsible to protect all new concrete work from being etched, scratched or otherwise marked or having wet slough material deposited thereon. If new concrete work is marked, the Contractor shall replace it at its expense. The Contractor shall perform all private lawn, hardscape, and parkway restorations including restoration of irrigation systems and existing curb drains, adjacent to sidewalk, driveway, curb and gutter repairs, not included in the Project Quantities, within fourteen (14) calendar days after the adjacent improvements have been constructed. Contractor may not proceed with removals if restoration slows to more than fourteen (14) calendar days. If the repairs have not been completed within 14 calendar days, the City shall have the authority to complete such work and deduct cost plus 20 percent administration thereof from any moneys due or to become due to the Contractor. Furthermore, a penalty of $500 per day shall be applied for each day beyond the 14 day period that the restoration has not been completed (as determined by the City’s inspector). Irrigation damaged by construction outside of restoration areas shall be repaired per General Provision 26. 11 - REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK All work which is defective in its construction or deficient in any of the requirements of these Special Provisions or the Standard Specifications shall be remedied, or removed and replaced by the Contractor in a manner acceptable to the City and no compensation will be allowed for such correction. The minimum length for removal and replacement of unsatisfactory work shall be to the nearest joints on both sides of the area to be removed, or as required by the Engineer. Saw cutting is required for all removals of defective concrete work at no additional cost. Upon failure on the part of the Contractor to comply forthwith with any order the Engineer makes under the provisions of this section, the Public Works Department shall C-70 SP - 27 R6876-0001\1800412v2.doc have authority to cause defective work to be removed and replaced and deduct the costs thereof from any monies due or to become due to the Contractor. 12 - 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. 13 - INSPECTION BY CITY The City shall inspect the quality and completeness of the Contractor's work and report any deficiencies to the Contractor. 14 - CLEANUP: During all phases of construction, the Contractor shall maintain a clean work site, the Contractor shall be responsible for the immediate removal and disposal of all concrete, asphalt concrete, tree roots, and any other debris resulting from the work performed. Full compensation shall be considered as included in the prices for the various contract items. 15 - CONSTRUCTION WATER: The Contractor shall make his own provisions for water necessary for construction, drilling, backfill consolidation and cleanup. Note: The Contractor shall not use any private property water paid for by the property owner. The Contractor shall obtain and pay for all costs incurred for any necessary water meter permits. No extra compensation shall be allowed for the permit and/or water meter. For a permit contact: California Water Service 5837 Crest Road Rancho Palos Verdes, CA 90275 (310) 377-5525 16 - STORAGE SITES: The Contractor may be allowed to store materials and equipment in designated areas at City Hall or at the work site during the course of construction. The Contractor is required to obtain permission for such storage from the Engineer. The City may permit the Contractor to store certain materials and equipment on City property provided that (1) The storage area has a gate which shall be closed by a lock at the end of each day. (2) The site and access road must be kept clean at all times during the period of the contract and (3) The Contractor complies to City requirements regarding cleanup. The allowable materials to be stored by the Contractor are: Vehicles, equipment, pipes, C-71 SP - 28 R6876-0001\1800412v2.doc wooden forms and tools. All storage materials must be first approved by the City. The Contractor will not be allowed to store broken concrete, asphalt concrete or any debris on City property. If the site becomes unacceptable to the City for any reason, after notice by the City, the Contractor shall correct the problem immediately. In the event that the City requests removal of the materials from City property prior to the end of the construction period, the Contractor shall not receive any additional compensation. The Contractor shall maintain and clean the storage area on a daily basis. The Contractor shall repair at no cost to the City, any damage to the asphalt concrete access road resulting from the Contractor's vehicle traffic. Upon failure on the part of the Contractor to comply with any of these Special Provisions, the City shall have authority to cause defective work to be corrected and deduct the cost of said corrections from any monies due or to become due to the Contractor. The Contractor shall hold the City harmless in the event of damage, vandalism or injury to the Contractor's equipment, materials, etc., resulting from the use of this site. 17 - SITE RESTORATION AND MEDIAN PROTECTION The Contractor shall be responsible for protection and preservation of existing vegetation and improvements including necessary removal and storage of such improvements and subsequent replacement to obtain to the fullest extent possible, the undisturbed condition. The Contractor shall restore or replace, any property damaged or affected by its work, equipment or employees to the original undisturbed condition. This includes but is not limited to the proper restoration of artificial turf and natural turf. The Contractor shall thoroughly clean all areas affected by the contractor and the subcontractors including areas and improvements affected by their equipment and employees, upon completion of the work. Payment: Full compensation for complying with the work contained in this section shall be included in the bid unit price for various bid items and no additional compensation will be allowed therefor. 18 - LARGE TREE REMOVALS AT PEACOCK RIDGE ROAD Remove all large trees indicated by the plans and specifications, as requiring removal, in a manner that will not damage adjacent trees, structures, remaining asphalt concrete paving, remaining curb and gutter, or surrounding compacted soil. Remove trees that are adjacent to trees or structures to remain, in sections, to limit the opportunity of damage to adjacent crowns, trunks, ground plane elements and structures. Do not drop trees with a single cut. C-72 SP - 29 R6876-0001\1800412v2.doc Protect adjacent paving, walls, fencing, curb and gutter, soil, trees, shrubs, ground cover plantings and understory plants to remain from damage during all tree removal operations, and from construction operations. Protection shall include the root system, trunk, limbs, and crown from breakage or scarring, and the soil from decompaction. Remove stumps and immediate root plate from existing trees to be removed from within the removal area bounded by existing features and improvements to remain. Grind trunk bases and large buttress roots to a depth of the largest buttress root or at least 18 inches below the top most roots whichever is less and over the removal area. For trees where the stump will fall under paved areas or other features to remain, grind roots to a total depth of 18 inches below the existing grade. If the sides of the stump hole still have greater than approximately 20% wood visible, continue grinding operation deeper and or wider until the resulting hole has less than 20% wood. Remove all wood chips produced by the grinding operation. The Public Works Director or his representative shall approve each hole at the end of the grinding operation. Back fill holes in 8-inch layers with earthen fill. Fill may be obtained from project trench excavations, excluding top soil as defined in Section 3 of these Project Special Provisions, or be Class “A” Topsoil per Section 212-1.1.2 of the Standard Specifications. Fill shall be compacted to 85% of the maximum dry density standard proctor. [END OF SECTION] C-73 TP - 01 TECHNICAL PROVISIONS A. GENERAL Contractor shall construct the Storm Drain Improvements which includes removing existing storm drain pipe, installing new HDPE and concrete storm drain facilities, catch basins, incidental removal and reconstruction of asphalt concrete pavement, removing and reinstalling concrete curb and gutter, removing and reconstructing miscellaneous concrete structures, temporary traffic control measures, large tree removals, grading, and other appurtenant items of work not mentioned that are required to complete the work. 1 - 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 or his authorized representative a minimum of 2 working days prior to the time required for such work. The Contractor, at his expense, shall excavate the holes for all of the tests, backfill the holes and compact this backfill, and pave the surface, if required, after the test. Compaction tests on the subgrade which meet the specified requirements will be at the City's expense. All compaction tests which do not meet the specified compaction requirements shall be at the Contractor's expense, with no compensation therefor. 2 - MATERIAL TESTING The City of Rancho Palos Verdes will provide all necessary material sampling and testing for this contract, except for work that has to be redone as noted below. The Contractor's requests for testing shall be made to the Director of Public Works or his authorized representative a minimum of 2 working days prior to the time required for such work. The Contractor, at his expense, shall provide access to materials and locations for all of the sampling and testing. Tests which meet the specified requirements will be at the City's expense. All tests which do not meet the specified requirements shall be at the Contractor's expense, with no compensation therefore. 3 - CRUSHED MISCELLANEOUS BASE/CLASS 2 AGGREGATE BASE Except as specifically noted, no separate payment shall be made for crushed miscellaneous base (CMB) or Class 2 aggregate base (AB). Either CMB or Class 2 aggregate base is acceptable material for base. Base shall be placed at locations as needed for the restoration of asphalt concrete surfaces at a thickness that matches existing conditions. CMB shall be fine grade (3/4”). Base shall be compacted to 95% relative compaction per the Standard Specifications requirements. All CMB and Class 2 aggregate base will be considered as included in the unit price per ton for Construct AC over AB, Match Existing Section bid item, and no separate payment will be made therefore. C-74 TP - 02 4 - PORTLAND CEMENT CONCRETE (PCC) CONSTRUCTION Per the Standard Specifications, Section 201-1.4.3, the contractor shall deliver and place the concrete within 90 minutes from mixing at the batch plant. Should this time criteria be significantly exceeded, it will be up to the discretion of the Engineer to determine if the concrete is sufficiently workable, without adding excess water, to continue with the work. Any concrete accepted and placed after 90 minutes from batch plant mixing shall be used at the Contractors risk and maintained under the contractor’s warranty against defects, per the contract documents. The Contractor may use a plasticizer to extend the workable life of the concrete upon approval of the Engineer. The Contractor shall monitor concrete until is sufficiently hard to prevent damage or vandalism. All sub-grade 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 90%. Bedding material in the pipe trench and blow the replaced concrete slab/paving shall be compacted to a relative compaction of at least 95%. Payment: Payment for construction of PCC catch basins and replacement slab paving shall be at contract bid price for these items and shall include full compensation for all labor and materials to construct, furnish, and place Portland cement concrete including equipment and incidentals required to complete the work. 5 - SAWCUT, EXCAVATION, REMOVAL AND REPLACEMENT ASPHALT CONCRETE Description - This work shall consist of sawcut and removal of existing pavement edge where shown on the plans, and disposing of existing pavement, aggregate base, cement treated base, and native material; the preparation of subgrade and furnishing, spreading, placing, and compacting of materials for Asphalt Concrete. This work shall include applying paint binder (tack coat) to all vertical and horizontal surfaces to be joined by new pavement, and a sand/emulsion seal for all joints after paving. Materials Asphalt Concrete All excavated pavement areas shall be filled to match the existing thickness of adjacent existing Asphalt Concrete, Type III-C2, 1/2" maximum aggregate conforming to the provisions of Section 400 of the Standard Specifications . Placement of AC shall be done in multiple lifts. The Contractor shall submit the batch plant mix design (including stability test results) to the Engineer for review and approval at least fourteen (14) calendar days prior to commencing any associated work. Asphalt Binder The Asphalt Binder and tack coat shall be PG 64-10 and shall conform to section 92 “Asphalts” of the State standard Specifications and as determined by the Engineer. The Contractor shall prevent the formation of carbonized particles caused by overheating Asphalt during manufacturing or construction. Aggregate The provisions of Section 400-4.2.2 “Aggregate”, of the Standard Specifications shall have the following additional requirement: C-75 TP - 03 At least 75 percent, by weight, of the material retained on the No. 4 sieve shall have at least one fractured face as determined by California Test Method No. 205. Construction Areas to be sawcut and removed shall be marked in the field with paint by the Contractor for approval by the Engineer.. The depth of cut shall be deep enough to provide a clean, straight break without loosening, cracking or damaging adjoining asphalt or concrete. Contractor shall sawcut pavement around all areas to be removed prior to the start of any excavation. All excavated materials shall be immediately removed from the site and recycled or disposed of at the Contractor's expense at a legal dumpsite see Section 38 – CONSTRUCTION AND DEMOLITION MATERIALS RECYCLING REQUIREMENTS of these General Provisions. All excavated areas shall be immediately repaired with deep lift AC as specified in these Special Provisions. Streets shall not be washed to the extent that debris may enter storm drain system. All streets, gutters and local depression areas of catch basins shall be kept free of dirt, rocks or other debris at all times. During removal and replacement, grinding and paving operations all catch basin inlets shall be covered with a fabric which will allow passage of water but will not allow debris t o enter storm drain. During sawcutting operations all excess water and mud shall be removed from surface by wet vacuum method. Material may be shoveled or broomed onto adjacent subgrade or dirt area provided it cannot get into storm drain. Construction shall conform to applicable provisions of Sections 302 and 400 of the Standard Specifications and these Special Provisions. Full depth asphalt concrete pavement repairs shall be constructed in equal lifts to the total overall after compaction thickness per the Plans or as ordered by the City Engineer. 6 - HIGH DENSITY POLYETHYLENE (HDPE) PIPE PLACEMENT Pipe Joining The HDPE pipe shall be butt fused/welded together by applying heat to prepared pipe ends and then pushing the pipe ends together with required force using properly sized butt fusion machine for the pipe size to be joined. Butt fusing shall be performed in accordance with the pipe manufacturer’s recommendations for such work. The Contractor shall verify pipe condition, joint integrity, and join angles in the field. Material The HDPE pipe to be used on this project shall meet the requirements of Section 209-5 of the latest edition of the Standard Specifications for Public Works Construction, shall be DR17, with markings conforming to American Water Works Association C901, have a dimension ratio of 17 (DR-17), and have thermal butt fused joints. Contractor shall submit certification of pipe from manufacturer indicating compliance to the Engineer for approval prior to construction. Payment Payment for HDPE pipe construction and appurtenant fixtures shall be at the contract unit price for Trench and Construct Dbl. 10” HDPE Pipes per linear foot of double pipe and shall include full C-76 TP - 04 compensation for all labor and materials and equipment to construct, furnish, butt weld, and place the HDPE pipe including incidentals required to complete the work. 7 - CONTRACT UNIT PRICES Delete Standard Specifications 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. C-77 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-78 P - 1 PROPOSAL CITY OF RANCHO PALOS VERDES PEACOCK RIDGE ROAD DRAINAGE IMPROVEMENTS PROJECT No. 8723 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, C-79 P - 2 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. C-80 P - 3 CITY OF RANCHO PALOS VERDES BID SHEET STORM DRAIN IMPROVEMENTS AT PEACOCK RIDGE ROAD CIP No. 8723 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 PEACOCK RIDGE ROAD DRAINAGE IMPROVEMENTS, PROJECT No. 8723 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, EXCAVATIONS, 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. C-81 P - 4 BID SCHEDULE ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT PRICE UNIT EXTENDED AMOUNT 1 Traffic Control Complete LS 2 Mobilization Complete LS 3 Stormwater Best Management Practices Complete LS 4 Clear and Grub Complete LS 5 Sawcut and Remove AC Pavement 205 SF 6 Large Tree Removal No. 1 on Peacock Ridge Rd. Complete LS 7 Large Tree Removal No. 2 on Peacock Ridge Rd. Complete LS 8 Large Tree Removal No. 3 on Peacock Ridge Rd. Complete LS 9 Remove Concrete Inlet Structure 1 EA 10 Excavate, Remove and Dispose of Existing CSP 103 LF 11 Sawcut and Remove Existing Curb and Gutter 179 LF 12 Sawcut and Remove Existing Concrete Pavement 239 SF 13 Connection of DBL HDPE Pipes to Existing Outlet Complete LS 14 Trench and Construct Double-10” HDPE Pipes 115 LF 15 Construct 6” Thick Reinforced Concrete Pavement 4 CY 16 Construct Alley Inlet Per SPPWC 304-3 1 EA 17 Construct Curb Opening Catch Basin with 2 Grates 1 EA 18 Plant Sod Landscaping in Private Disturbed Area Complete LS C-82 P - 5 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT PRICE UNIT EXTENDED AMOUNT 19 Construct 8” Curb and Gutter Transition 2 EA 20 Construct 8” Curb and Gutter Per SPPWC 120-2 53 LF 21 Construct AC over AB, Match Existing Section 4 TON 22 Place Fill in Large Tree Removal Area 1 LS 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 specification and grant requirements. 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: C-83 P - 6 (5) Type of firm - Individual, Partnership, LLC or Corporation: (6) Corporation organized under the laws of the state of: (7) California State Contractor’s License Number and Class: (8) DIR Contractor Registration Number: (9) List the name and title of the person(s) who inspected the site of the proposed Work for your firm: (10) Number of years’ experience the company has as a contractor in construction work: (11) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint venturers, and company or corporate officers having a principal interest in this Proposal: List at least three similar projects completed as of recent date: Contract Amount Class of Work Date Completed Name, Address of Owner, & Telephone No. (12) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other information. (13) “Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non-responsive and shall be rejected.” C-84 P - 7 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-85 P - 8 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. C-86 P - 9 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-87 P - 10 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. C-88 P - 11 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, C-89 P - 12 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: C-90 P - 13 RESUME(S) Attach to this Bid the experience resume of the person(s) who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. C-91 P - 14 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 th e 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 highwa ys, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. Name under which Subcontractor is Licensed and Registered California Contractor’s License Number(s) and Class(es) California DIR Contractor Registration Number Address and Phone Number Type of Work (e.g., Electrical) Percentage of Total Bid (e.g., 10%)1 1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b). C-92 P - 15 Contractor’s INDUSTRIAL SAFETY RECORD FORM Bidder’s Name _______________________________________ Current Year of Record 2021 2020 2019 2018 2017 Total Number of contracts Total dollar amount of contracts (in thousands of dollars) Number of fatalities Number of lost workday cases Number of lost workday cases involving permanent transfer to another job or termination of employment The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature: Title: Date: Signature: Title: Date: C-93 P - 16 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the (“Public Agency”), has issued an invitation for bids for the work described as follows: PEACOCK RIDGE ROAD DRAINAGE IMPROVEMENTS, PROJECT No. 8723 WHEREAS (Name and address of Bidder) (“Principal”), desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under the provisions of the California Public Contract Code to furnish a form of bidder’s security with their bid. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of Dollars ($ ), 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. C-94 P - 17 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. C-95 P - 18 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 C-96 P - 19 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: C-97 P - 20 This form shall be submitted with the Bid C-98 C - 1 R6871-0001\1800726v2.doc CHECKLIST FOR EXECUTION OF PUBLIC WORKS AGREEMENT TO BE SUBMITTED BY SUCCESSFUL BIDDER: Two Executed Notarized Copies of the Agreement (Attached) Payment Bond in Amount of Contract Performance Bond in Amount of Contract Workers Compensation Insurance Certificate in the amount required by law (Attached) General Liability Insurance Certificate in the Amount of $1 Million, Naming the City as a Co- insured Automobile Insurance Certificate in the Amount of $1 Million General Aggregate Insurance Certificate in the Amount of $2 Million, Naming the City as a Co - insured Agreement to Comply with California Labor Law Requirements (Attached) Business License with the City of Rancho Palos Verdes Indemnification and Hold Harmless Agreement (Attached) Additional Insured Endorsement - Comprehensive General Liability (Attached) Additional Insured Endorsement - Automobile Liability (Attached) Additional Insured Endorsement - Excess Liability (Attached) C-99 Project Name/No.: ________________ Contract No.: ______________ Project Manager: ________________ Approved: ______________ 01203.0006/993143.2 1 PUBLIC WORKS AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND __________________________________________ THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into __________________, 2024 by and between the City of Rancho Palos Verdes, a California charter city (“City”) and [NAME OF COMPANY], a [FORM OF COMPANY] (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.” RECITALS A. City has sought, by issuance of an Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement. B. Contractor, following submission of a 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. AGREEMENT 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. CONTRACTOR SERVICES 1.1 Scope of Work. The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Bid Documents for the project entitled STORM DRAIN IMPROVEMENTS AT PEACOCK RIDGE (“Project”), in accordance with the terms and conditions of Agreement Special Provisions (the “Scope of Work”), which may be referred to herein as the “services” or “work” hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Bid Documents and all local, state, and federal laws and regulations. As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project and Contractor’s bid proposal(s), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. C-100 -2- 01203.0006/993143.2 The Bid Documents are incorporated into this Agreement. In the event of any conflict or inconsistency between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern. 1.2 Incorporation of Greenbook. The provisions 2021 Edition of the Standard Specifications for Public Works Construction (“Greenbook” including any updates, amendments, or addenda thereto ) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict or inconsistency between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Labor and Wage Laws. (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 state law and DIR regulations. (b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than 24 hours, after receiving any information that Contractor’s or any of its Subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed. (c) Prevailing Wages. Contractor shall pay prevailing wages as 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 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. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) 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 $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. C-101 -3- 01203.0006/993143.2 (e) 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 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. (f) 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 appr enticeship program. Within 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. (g) Eight-Hour Work Day. Contractor acknowledges that 8 hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Sections 1810 and 1811. As required under Labor Code Section 1812, Contractor and each of its subcontractors shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by them in connection with the work performed under the terms of this Agreement. Failure to comply with these sections of the Labor Code will subject the Contractor to penalty and forfeiture provisions of the Labor Code Section 1813. (h) 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 $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 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 8 hours per day, and 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 1.5 times the basic rate of pay. (i) 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.” C-102 -4- 01203.0006/993143.2 (j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. 1.4 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. 1.5 Familiarity with Work. 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. Contractor warrants that Contractor has or will investigate the Project site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. 1.6 Discovery of Unknown Conditions. (a) Pursuant to Public Contract Code Section 7104, 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 physical conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project 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 Contractor’s services hereunder. (b) 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 C-103 -5- 01203.0006/993143.2 Contractor’s cost of, or the time required for, the performance of any part of the work, the City shall issue a Change Order in accordance with Section 1.11 of this Agreement. (c) 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 this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties. 1.7 Unidentified Utilities. To the extent required by Government Code Section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the Project site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations. 1.8 Trench Excavation. Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This Section 1.8 shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Bid Documents, and no additional compensation will be allowed therefor. C-104 -6- 01203.0006/993143.2 1.9 Protection and Care of Work and Materials. The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this 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. 1.10 Warranty. Contractor warrants all work under this Agreement (which for purposes of this Section 1.10 shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or 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 this Agreement, or the Bid Documents, 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 by the City for the Project, Contractor shall within 10 days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Notwithstanding the foregoing, Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of its sub-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 this 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 or the Bid Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. C-105 -7- 01203.0006/993143.2 1.11 Inspection by City. In connection with the performance of this Agreement, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor’s agents or subcontractors against the City. 1.12 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 to the work 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 Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum (as defined below), and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order(s)”). All Change Orders must be signed by the Contractor and Project Manager (or his or her designee) prior to commencing the extra work thereunder. (b) Any increase in compensation of up to 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 18035 (thirty five) days may be approved by the Project Manager, provided that such increase does not materially affect the work in a detrimental manner or materially and detrimentally affect the interest of the City. 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 Contractor’s Bid attached hereto as Exhibit A. If the rates in the Contractor’s Bid 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 the Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order that is completed to the satisfaction of the City, as follows: C-106 -8- 01203.0006/993143.2 (i) Labor: The cost of labor shall be the actual cost for the wages of workers and subcontractors performing the work for the Change Order at the time such work is performed. 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 the lowest current price for which such materials and equipment are reasonably available at the time the work is performed, whichever is lower. (iii) Daily Reporting: Contractor must provide a daily report that includes all invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include the following: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights to payment for the work performed for that day. (d) It is expressly understood by Contractor that the provisions of this section 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. 1.13 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 set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by Change Order (as defined below) or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of $________ (_______________ Dollars) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or C-107 -9- 01203.0006/993143.2 obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Bid Documents and this Agreement. Compensation shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Bid Documents. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in Exhibit Athe Contractor’s Bid. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 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 this Agreement. All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of this Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change. 2.3 Payment. City shall 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, City will cause Contractor to be paid within 45 days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City’s 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 45 (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 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 C-108 -10- 01203.0006/993143.2 Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law (with respect to any defects in the work performed by Contractor, or otherwise). 2.4 Retention. City will deduct a 5% retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within 60 days after the date of completion of the work and the Project, as required by Government Code Section 7107. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed 150% of the disputed amount. ARTICLE 3. PERFORMANCE SCHEDULE 3.1 Time is of the essence. If the work is not completed within the Schedule of Performance, liquidated damages shall apply as set forth below. 3.2 Schedule of Performance. Contractor shall begin work within 5 (five) days after receiving a Notice to Proceed from the City and the work shall be completed within the Contractor’s schedule, prepared in accordance with the Special Provisions, Section A-21consecutive working days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing via change order. 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 10 days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager 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 Project Manager such delay is justified. The Project Manager’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. C-109 -11- 01203.0006/993143.2 3.4 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $2,000 as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities. 3.5 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. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the 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. 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 on its behalf with respect to the work specified herein and make all decisions in connection therewith: ________________________ ________________________ (Name) (Title) ________________________ ________________________ (Name) (Title) ________________________ ________________________ (Name) (Title) It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be C-110 -12- 01203.0006/993143.2 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 Project Manager. The “Project Manager” for the City shall be David Copp, Deputy Director of Public Works, or any other person as may be designated by the Director of Public Works. It shall be the Contractor’s responsibility to assure that the Project Manager 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 Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager or his/her designee, 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, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 4.5 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services C-111 -13- 01203.0006/993143.2 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 25% of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. This limitation shall not apply to assignments to any company that is a subsidiary or parent company of Contractor. 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 obligation to the City (as set forth below), 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$1,000,000 per occurrence, $4,000,000$2,000,000 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. The Product and Completed Operations coverage under the policy shall extend a minimum of three years after completion of the Project. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. The 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. The policy shall specifically provide for a duty to defend on the part of the insurer. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this C-112 -14- 01203.0006/993143.2 Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The 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 Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to 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 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. 5.2 General Insurance Requirements. (a) 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. (b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors. C-113 -15- 01203.0006/993143.2 (d) Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3)one (1) year(s) after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage. (e) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (f) 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 the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement. (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, 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. C-114 -16- 01203.0006/993143.2 (j) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a 30 day notice of cancellation (except for nonpayment for which a 10 day notice is required) or nonrenewal of coverage for each required coverage. (k) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (l) 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. (m) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured 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. (n) 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. (o) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor 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. (p) 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. (q) 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. (r) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. C-115 -17- 01203.0006/993143.2 5.3 Indemnification. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractors’; collectively, “Contractor”) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor’s obligations under this Agreement, or by or on account of any act or omission by the Contractor during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnitees as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against the Indemnitees with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. Contractor shall ensure that the performance of any work hereunder is done in compliance with all applicable state, local and federal rules, laws and regulations related to accessibility and reasonable accommodations and modifications for persons with disabilities, including but not limited to the Americans with Disabilities Act as amended, 42 U.S.C. § 12101 et seq., and its implementing regulations at 28 C.F.R. Parts 35 and 36 (ADA), and § 504 of the Rehabilitation Act of 1973, as amended, and as applicable, 29 U.S.C. 701 and the implementing regulations at 24 C.F.R. Parts 8, the Fair Housing Act as amended, 42 U.S.C. 3601, et seq. and its implementing regulations at 24 CFR Parts 100, the Fair Employment and Housing Act, California Government Code § 12926, Title 24 of the California Building Code, and any requirements of the City. Contractor hereby agrees to indemnify, defend, and hold City and all City Representatives free and harmless against any and all Losses and Liabilities arising from its failure to perform any work hereunder in accordance with all applicable disability access requirements and requirements under the Americans with Disability Act and its implementing regulations. C-116 -18- 01203.0006/993143.2 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, Labor, and Warranty Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds in the form required under the Bid Documents or otherwise by the City Clerk: (a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the Contract Sum, as stated in Section 2.1 (“Performance Bond”). (b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the Contract Sum, as stated in Section 2.1 (“Payment Bond”). (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.10 of this Agreement, in an amount not less than ___% of the total compensation for this Agreement, as stated in Section 2.1. (d) Bonds for all work involving an expenditure in excess of $25,000 shall not be waived, in accordance with Section 9550 and 9552 of the Civil Code. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement. City shall release the Performance Bond and Payment Bond 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 for the Project has be finally accepted by the City, 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 Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law. 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 higher 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 larger, unless otherwise approved by the City’s Risk Manager due to unique circumstances. In addition, the insurance carrier must be currently authorized by the Insurance Commissioner to transact business of insurance or be on the List of Approved Surplus Line Insurers issued by the State of California. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor C-117 -19- 01203.0006/993143.2 agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City. 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 Project Manager 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 Project Manager 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 r ecords in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act. 6.2 Reports. Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager 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, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost(s) related thereto. 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 the City and shall be delivered to the City upon request of the Project Manager 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. 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, C-118 -20- 01203.0006/993143.2 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 its 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 Project Manager. (b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed with respect to the Project. 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 C-119 -21- 01203.0006/993143.2 Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 7.2 Termination. This Agreement may be terminated in accordance with Sections 6-7 and 6-8 of the Greenbook. 7.3 Dispute Resolution Process. Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for ext ra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City. The following requirements apply to all claims to which this Section applies: (a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format: (i) Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based. (ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim. C-120 -22- 01203.0006/993143.2 (v) Analysis of the claim’s cost, if any. (vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. (d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time. (i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to C-121 -23- 01203.0006/993143.2 the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. (iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims. (g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less: (i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the C-122 -24- 01203.0006/993143.2 action in accordance with Public Contract Code Section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (iii) Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo. 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. C-123 -25- 01203.0006/993143.2 7.6 Unfair Business Practices Claims. Pursuant to Public Contract Code Section 7103.5, 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 tenders final payment to the Contractor without further acknowledgment by 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 Project Manager. 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 this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class. C-124 -26- 01203.0006/993143.2 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 Provisions Required By Law. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction. 9.2 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’s Project Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275, and in the case of the Contractor, to the person(s) 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 72 hours from the time of mailing if mailed as provided in this Section. 9.3 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.4 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. 9.5 Integration; Amendment. This Agreement, together with the documents incorporated herein (including the Greenbook and the Bid Documents) and the exhibits attached hereto constitutes the entire, complete and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. It is understood that there are no oral agreements between the Parties hereto C-125 -27- 01203.0006/993143.2 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. 9.6 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. 9.7 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 they are directly or indirectly interested, or in violation of any corporation, partnership, or association in which they are 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 they have 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. 9.8 Corporate Authority; Successors & Assigns. 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. C-126 -28- 01203.0006/993143.2 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 Mayor ATTEST: City Clerk APPROVED AS TO FORM: Aleshire & Wynder, LLP _____________________________ City Attorney CONTRACTOR: ___________________________________, a ___________________________ 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. C-127 01203.0006/993143.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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. C-128 01203.0006/993143.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2024 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. C-129 01203.0006/993143.2 BOND FORMS C-130 01203.0006/993143.2 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) C-131 01203.0006/993143.2 Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. C-132 01203.0023/976055.4 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. C-133 01203.0023/976055.4 Executed on , 20____. PRINCIPAL (Seal if Corporation) By Title (Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to: (name and address of Surety) (name and address of Surety's agent for service of process in California, if different from above) (telephone number of Surety's agent in California) (Attach Acknowledgment) SURETY By (Attorney-in-Fact) APPROVED: (Attorney for CITY) NOTICE: No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached. C-134 01203.0023/976055.4 INSURANCE FORMS C-135 01203.0023/976055.4 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-136 01203.0023/976055.4 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-137 01203.0023/976055.4 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 C-138 01203.0023/976055.4 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Contractual Liability □ Explosion Hazard □ Owners/Landlords/Tenants □ Collapse Hazard □ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability □ Extended Bodily Injury □ □ Broad Form Comprehensive □ General Liability Endorsement □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) C-139 01203.0023/976055.4 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-140 01203.0023/976055.4 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 C-141 01203.0023/976055.4 to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: □ Any Automobiles □ Truckers Coverage □ All Owned Automobiles □ Motor Carrier Act □ Non-owned Automobiles □ Bus Regulatory Reform Act □ Hired Automobiles □ Public Livery Coverage □ Scheduled Automobiles □ □ Garage Coverage □ 12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 13. This is an □ occurrence or □ claims made policy (check one). 14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . (signatures on following page) C-142 01203.0023/976055.4 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-143 01203.0023/976055.4 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured (“Named Insured”) Name and address of Insurance Company (“Company”) General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. C-144 01203.0023/976055.4 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY □ Following Form □ Umbrella Liability □ 11. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one). 14. This is an □ occurrence or □ claims made policy (check one). 15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number . C-145 01203.0023/976055.4 (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-146 RPVAPPENDIX I: STREET SWEEPING SCHEDULE C-147 APPENDIX II: TRASH COLLECTION SCHEDULE Note: The multi-family condominium complex located at 5987 Peacock Ridge Road differs as follows - Trash (Monday/Friday), Recycling (Wednesday), and Organic Waste (Friday) C-148 APPENDIX III: DOOR HANGERS, LETTERS/NOTIFICATIONS C-149 Exhibit D-7 APPENDIX IV: MATERIAL RECYCLING PACKET C-150 Exhibit D-8 C-151 Exhibit D-9 C-152 Exhibit D-10 C-153 Exhibit D-11 C-154 Exhibit D-12 Conversion Factors for C&D Reporting Material Size LBS Asphalt, crushed 1 cubic foot 45 Asphalt/paving, crushed 1 cubic yard 1,380 Asphalt/shingles comp, loose 1 cubic yard 418.5 Asphalt/shingles comp 400 sq. ft. coverage 225 Asphalt/shingles comp Square 56.25 Asphalt/tar roofing 1 cubic yard 2,919 Brick, common hard 1 cubic foot 112-125 Brick, whole 1 cubic yard 3,024 Cement, bulk 1 cubic foot 100 Cement, mortar 1 cubic foot 145 Ceramic tile, loose 6"x6" 1 cubic yard 1,214 Chalk, lumpy 1 cubic foot 75-85 Charcoal 1 cubic foot 15-30 Clay, kaolin 1 cubic foot 22-33 Clay, potter's dry 1 cubic foot 119 Concrete, cinder 1 cubic foot 90-110 Concrete, scrap, loose 1 cubic yard 1,855 Cork, dry 1 cubic foot 15 Earth, common, dry 1 cubic foot 70-80 Earth, loose 1 cubic foot 76 Earth, moist, loose 1 cubic foot 78 Earth, mud 1 cubic foot 104-112 Earth, wet, containing clay 1 cubic foot 100-110 Granite, broken or crushed 1 cubic foot 95-100 Granite, solid 1 cubic foot 130-166 Gravel, dry 1 cubic foot 100 Gravel, loose 1 cubic yard 2,565 Gravel, wet 1 cubic foot 100-120 C-155 Exhibit D-13 Material Size LBS Mortar, hardened 1 cubic foot 100 Mortar, wet 1 cubic foot 150 Mud, dry close 1 cubic foot 110 Mud, wet fluid 1 cubic foot 120 Pebbles 1 cubic foot 90-100 Pumice, ground 1 cubic foot 40-45 Pumice, stone 1 cubic foot 39 Quartz, sand 1 cubic foot 70-80 Quartz, solid 1 cubic foot 165 Rock, loose 1 cubic yard 2,570 Rock, soft 1 cubic foot 100-110 Sand, dry 1 cubic foot 90-110 Sand, loose 1 cubic yard 2,441 Sand, moist 1 cubic foot 100-110 Sand, wet 1 cubic foot 110-130 Sheetrock scrap, loose 1 cubic yard 393.5 Slate, fine ground 1 cubic foot 80-90 Slate, granulated 1 cubic foot 95 Slate, solid 1 cubic foot 165-175 Soil/sandy loam, loose 1 cubic yard 2,392 Stone or gravel 1 cubic foot 95-100 Stone, crushed 1 cubic foot 100 Stone, crushed, size reduced 1 cubic yard 2,700 Stone, large 1 cubic foot 100 C-156 APPENDIX V: CONCRETE AND ASPHALT REMOVAL FORM CITY OF RANCHO PALOS VERDES PEACOCK RIDGE STORM DRAIN IMPROVEMENTS PROJECT NO. 8723 Street Name: Sheet of Address AC Street R&R (SF) PCC R&R (SF) Curb Ramp R&R (EA) TOTAL The total quantities as shown above are correct and shall be considered final for terms of payment under this contract. Contractor, Title Date City Inspector Date C-157 APPENDIX VI: SCHOOL DISTRICT CALENDAR C-158 APPENDIX VII: PROPOSED IMPROVEMENT PLANS (SEE ATTACHED PLAN SET) C-159 CI T Y F U N D S S U M M A R Y GE N E R A L F U N D S U M M A R Y AP P E N D I X BU D G E T P R O G R A M S BU D G E T O V E R V I E W 356 City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2024-2025 through 2028-29) -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ The existing storm drain pipe, collecting stormwater runoff from Peacock Ridge Road and conveying it to an outlet on Scotmist Drive, has collapsed and needs to be replaced. Estimated annual operating / maintenance cost TBD ESTIMATED SCHEDULE Engineering and environmental in FY 23/24 Construction in FY 24/25 Project Location Map Background and Justification -$ -$ 42,605$ 285,000$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ FUNDING -$ -$ 330 (CIP Fund) -$ -$ -$ -$ Currently FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 Future Fiscal YearsBudgeted 42,605$ 285,000$ -$ -$ -$ 42,605$ 285,000$ -$ -$ -$ -$ 285,000$ Inspection $ 20,000 $ - $ - $ - $ - 20,000$ Construction $ 195,000 $ - $ - $ - $ - 195,000$ Project Contingency $ 60,000 $ - $ - $ - $ - 60,000$ $ - -$ Management $ 10,000 $ - $ - $ - $ - Engineering $ - $ - $ - $ - 10,000$ Environmental $ - $ - $ - $ - $ - -$ Overall Planning $ - $ - $ - $ - $ - -$ FY24/25 FY25/26 FY26/27 FY27/28 FY28/29 Committed as of 3/22/24 Insert Descriptive Photo PROJECT DESCRIPTION This project is intended to remove and replace a collapsed storm drain pipe at Peacock Ridge Road and install associated infrastructure, including a new catch basin and storm drain outlet located at Scotmist Drive. PROJECT COST ESTIMATES 8700 Series Sewer & Storm Drain Improvements Projects 8723 Storm Drain Improvements at Peacock Ridge Road D-1