CC SR 20250204 D - Construction Contract Award
CITY COUNCIL MEETING DATE: 02/04/2025
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to award a public works construction contract for the
Hesse Park Roof Replacement Project.
RECOMMENDED COUNCIL ACTION:
(1) Approve the plans, specifications, and construction documents for the Hesse Park
Roof Replacement Project (CIP Project No. 8509);
(2) Award a construction contract for the Hesse Park Roof Replacement Project to
Chapman Coast Roof Co., in the amount of $421,940, with a contingency of 10%,
or $42,194, for a total amount of up to $464,134; and,
(3) Authorize the Mayor and City Clerk to execute the contract, in a form approved by
the City Attorney.
FISCAL IMPACT: The recommendations will result in a fiscal impact of up to $464,134,
which is included in the approved Capital Improvement Program
budget for Fiscal Year (FY) 2024-25.
Amount Budgeted: $825,000
Additional Appropriation: N/A
Account Number(s): 330-400-8509-8802
(CIP-Facilities Asset Management Program-Other Improvements)
ORIGINATED BY: James O’Neill, Project Manager
David Copp, Public Works Deputy Director
REVIEWED BY: Ramzi Awwad, Public Works Director
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Construction Contract with Chapman Coast Roof Co., Inc. for the Hesse
Park Roof Replacement Project (page A-1)
B. Plans, Specifications, and Construction Documents for the Hesse Park
Roof Replacement Project (page B-1)
C. CIP Sheet for the Facilities Asset Management Plan (page C-1)
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CITYOF RANCHO PALOS VERDES
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BACKGROUND:
The Public Works Department initiated a Facilities Asset Management Program (FAMP)
as part of the Capital Improvement Program (CIP) in 2022 with the goal of conducting
high-level condition assessments of the city’s various facilities and preparing a report with
prioritized recommendations for repairs, maintenance, and upgrades. The FAMP was
prepared by Bureau Veritas in 2023 and included a condition assessment of the Fred
Hesse Community Park (Hesse Park), which includes an 8,900 square foot multi-purpose
facility constructed in 1981 that is used for hosting public and private events, including
City Council and other City advisory board and commission meetings. The FAMP report
prepared at that time included a forecast for upgrading or replacing the Hesse Park
Building components based on their estimated remaining useful lifespans and
conformance to relevant building codes. The report forecasted the need to replace the
existing flat, four-sectioned modified bitumen roof by 2025.
Figure 1: Aerial View of the Hesse Park Building Roof
During heavy rainfall in February 2024, sections of the roof experienced leaks that
damaged mechanical and electronic equipment inside the building. As a temporary
measure, immediate spot repairs were made to the roof that has prevented further leaking
during successive wet weather events.
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Figure 2 – Damaged Sustained Inside the Hesse Park Building (Left) and Temporary Repairs Made
to the Hesse Park Building Roof (Right) in February 2024
In response, Staff contracted with Harris & Associates (Harris) to conduct a detailed
inspection of the roof’s condition. The outcome of the inspection concluded that the roof,
including all skylights and flashing, should be replaced. Staff then contracted with Harris
to prepare construction documents to solicit construction bids for the roof replacement
work.
Provisions are included in the construction documents to minimize disturbance to nearby
residents, park visitors, and building access. No closures to the building or key park
features (i.e. playgrounds and sports fields) are expected to be required during the roof
replacement work.
DISCUSSION:
On October 16, 2024, the City issued a Notice Inviting Bids on the PlanetBids platform,
for a price to construct the Hesse Park Roof Replacement Project. Nine bids were
received by the deadline of December 13, 2024, as shown in Table 1 below.
Table 1: Hesse Park Roof Replacement Bid Results
Bidder Bid Amount
Estate Design and Construction, Inc. $360,000.00
Chapman Coast Roof Co., Inc. $421,940.00
Best Contracting Services, Inc. $426,500.00
Danny Letner, Inc. dba Letner Roofing Company $431,902.00
Ambit Construction and Design, Inc. $449,484.99
AME Builders, Inc. $488,933.00
Courtney Inc. $549,000.00
4 Seasons Roofing, Inc. $581,700.00
Pacific Builders & Roofing, Inc. dba WSP Roofing $790,000.00
Staff’s review of the bid from Estate Design and Construction, Inc. found their bid to be
non-responsive, as neither Estate Design and Construction, Inc. nor its sole -listed
subcontractor were licensed as a C-39 (Roofing) contractor at the time of the bid, as
required by the Contract Documents.
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The lowest apparent responsible and responsive bidder is Chapman Coast Roof Co., Inc.
with a bid in the amount of $421,940. Staff evaluated the bid and found Chapman Coast
Roof Co., Inc. to be a qualified firm. Table 2 shows a budget summary of the project.
Table 2: Hesse Park Roof Replacement Project Budget Summary
Staff expect construction to be completed in June 2025, barring unforeseen
circumstances. While the roof replacement work itself is estimated to require 4-6 weeks,
fabrication and delivery lead times associated with some roof ancillaries such as the sky
lights are estimated to be several months.
Although constructed this project was not planned as part of the FAMP during FY 2024-
25, the estimated cost for this project and other FAMP items in progress as part of the
FAMP in FY 2024-25 will not require additional appropriation. Some FAMP items that
were originally scheduled to be in construction by FY 2024-25 are still in planning and
design phases, which allows for funds otherwise anticipated for use during construction
in FY 2024-25 to be available for this project.
CONCLUSION:
Staff recommends the City Council award a construction contract to Chapman Coast Roof
Co., in the amount of $421,940, with a contingency of 10%, or $42,194, for a total amount
of up to $464,134 to construct the Hesse Park Roof Replacement Project.
ALTERNATIVES:
In addition to Staff recommendation, the following alternative actions are available for the
City Council’s consideration:
1. Do not award the contract and direct Staff to re-solicit construction bids.
2. Take other action, as deemed appropriate.
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8509 • Fac ilities Anet Management Program
Desc ription Fun d Budget Notes
Projec t Budget Summ ary
FY23-24 Re vised Bud get 330 7,500 .00
FY24-25 Original Budget 330 825 ,000 .00
Revised Budget 832,500 .00
Project-to-Date Pro ject -to-Date Projec t
Act uals Co mm itted Re maining
Projec t Costs Summary Fun d Project Budget as of 01/0 812025 as of o 110 812 02 5 Ba lance
8001 Professional/Te chni cal Se rv ices 330 37,500 .00 20,788 .51 16 ,661 .4 9 50.00 Faci:es &udies, PVIC Drainage Review,
Hesse Roof Re plaoome n:
800 5 Enginee rin g De sign Se rv ices 330 60 ,000 .00 1,271.49 17,7 13.51 41,01 5.00 Hesse Roof Replaoome n: • Eng· ee rin g
8006 Inspe ction Se rv ices 330 60 ,000 .00 3,085.00 10 ,150.00 46,765.00 Hesse Roof Lm:ed Aslles'.os Asses.<me n:
880 2 Ot he r Imp rovem ents 330 675,000 .00 -60 ,000 .00 61 5,000 .00 PVIC Dra.'nage lmproveme n::s
Project Total $ 832 ,500 .00 $ 25 ,145.00 $ 104,525 .00 $ 702 ,830.00
Project Name/No.: Hesse Park Roof Replacement Contract No.: ______________
Project Manager: David Copp Approved: ______________
01203.0006/993143.2 1
PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
CHAPMAN COAST ROOF CO., INC.
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into
________________ by and between the City of Rancho Palos Verdes, a California charter city
(“City”) and Chapman Coast Roof Co., Inc., a California corporation (“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 Hesse Park Roof Replacement (“Project”),
in accordance with the terms and conditions of 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. The Bid Documents are incorporated into this Agreement. In the event of
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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.
(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
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accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(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 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.
(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.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
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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
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.
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(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 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.
1.8 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
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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.
1.9 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.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services,
without invalidating this Agreement, to order extra work beyond that specified in the Scope of
Work or make changes 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 35 (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. 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
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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:
(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.
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. 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 $421,940 (Four Hundred Twenty-One Thousand, Nine Hundred
Forty 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 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
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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 the 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
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).
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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-21, or otherwise in accordance with 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.
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 $1,000 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
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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:
________________________ ________________________
Julio Trejo Gonzalez President
________________________ ________________________
David Lee Chapman Chairman
________________________ ________________________
Linda Dominguez Treasurer / Secretary
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
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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
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
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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 $1,000,000 per occurrence, $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) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(d) 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
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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.
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.
(d) Products/completed operations coverage. Products/completed operations
coverage shall extend a minimum of 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
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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.
(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
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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.
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
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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.
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) 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.
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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
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 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.
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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,
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.
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(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
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 extra 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
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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.
(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.
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(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
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
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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
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
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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.
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
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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.
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,
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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) 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 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
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“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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
David L. Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
_____________________________
William Wynder, City Attorney
CONTRACTOR:
CHAPMAN COAST ROOF CO., INC.,
a California corporation
By:
Julio Trejo Gonzalez
President
By:
Linda Dominguez
Treasurer / Secretary
Address: 2030 East Walnut Avenue
Fullerton, California 92831
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 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.
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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.
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01203.0006/993143.2
BOND FORMS
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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)
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Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
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PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract; and/or (4) for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor, then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of such change, extension of time, alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
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Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
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INSURANCE FORMS
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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-36
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-37
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-38
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-39
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-40
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-41
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-42
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-43
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-44
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-45
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-46
B-1
City of Rancho Palos Verdes, California
Contract Documents
For
Construction of
HESSE PARK ROOF REPLACEMENT PROJECT
PROJECT NO. 8509
City of Rancho Palos Verdes
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
(310) 544-5252
Mayor, John Cruikshank
Mayor Pro Tern , Eric Alegria
Councilmember, Barbara Ferraro
Councilmember, David Bradley
Councilmember, Paul Seo
Approved on ()c_:=h\xJ I 5. 2024
BY~
Director of Public Works
Department of Public Works
HESSE PARK ROOF REPLACEMENT PROJECT
PROJECT NO. 8509
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
16. EXECUTION OF AGREEMENT .................................................................................................... i – 03
B-2
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 – 04
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. PROSECUTION AND PROGRESS OF THE WORK .............................................................. GP – 05
1. WORK SCHEDULE ................................................................................................................... GP – 05
B-3
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 – 07
4. UNPAID CLAIMS ..................................................................................................................... GP – 08
5. ACCEPTANCE .......................................................................................................................... GP – 08
E. CONTROL OF WORK ..................................................................................................... GP – 08
1. AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS ............................................................... GP – 08
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 – 10
11. EXTRA WORK .......................................................................................................................... GP – 11
12. PUBLIC UTILITIES .................................................................................................................... GP – 11
13. PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY ..................................................... GP – 11
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
18. SOIL COMPACTION TESTING .................................................................................................. GP – 13
19. PRESERVATION OF PROPERTY ............................................................................................... GP – 13
B-4
20. DUST CONTROL ...................................................................................................................... GP – 13
21. SELECTED MATERIALS ............................................................................................................ GP – 13
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 – 14
27. CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER .............................................. GP – 14
28. WORK AFTER REGULAR HOURS ............................................................................................. GP – 15
29. CONTRACTOR’S DAILY REPORTS ............................................................................................ GP – 16
30. REQUEST FOR WORKING DAYS .............................................................................................. GP – 16
31. DEFECTIVE MATERIALS .......................................................................................................... GP – 16
32. SOUND AND VIBRATION CONTROL REQUIREMENTS ............................................................ GP – 16
33. AIR POLLUTION CONTROL ...................................................................................................... GP – 17
34. FINAL CLEAN UP ..................................................................................................................... GP – 17
35. CONTRACTOR’S REQUEST FOR FINAL INSPECTION ................................................................ GP – 17
36. RESOLUTION OF PUBLIC WORKS CLAIMS .............................................................................. GP – 17
37. TRENCHES AND EXCAVATIONS ...............................................................................................GP - 18
38. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS .......................... GP – 18
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 – 04
8. CONFERENCE.......................................................................................................................... SP – 04
9. PUBLIC CONVENIENCE AND SAFETY ...................................................................................... SP – 05
10. SANITARY CONVENIENCE ....................................................................................................... SP – 08
11. CONSTRUCTION YARD............................................................................................................ SP – 08
B-5
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 – 11
19. PROJECT APPEARANCE ........................................................................................................... SP – 12
20. WORK HOURS ........................................................................................................................ SP – 12
21. SCHEDULE AND PUBLIC NOTICES ........................................................................................... SP – 13
22. PHOTOGRAPHIC SURVEY OF ALL EXISTING CONDITIONS ...................................................... SP – 14
23. MOBILIZATION ....................................................................................................................... SP – 14
B. PROJECT SPECIAL PROVISIONS ...................................................................................... SP – 16
1. GENERAL ................................................................................................................................ SP – 16
2. FURNISH AND APPLY WATER ................................................................................................. SP – 16
3. BEST MANAGEMENT PRACTICES ............................................................................................ SP - 16
4. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS ......................................... SP – 17
5. REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK ............................................................ SP –18
6. APPURTENANT WORK ............................................................................................................ SP – 18
7. INSPECTION BY CITY ............................................................................................................... SP – 18
8. CLEANUP ................................................................................................................................ SP – 19
9. CONSTRUCTION WATER ........................................................................................................ SP – 19
10. STORAGE SITES ....................................................................................................................... SP – 19
11. SITE RESTORATION AND MEDIAN PROTECTION .................................................................... SP – 20
TECHNICAL PROVISIONS
1. POLYVINYL CHLORIDE ROOFING: .......................................................................................... TP – 01
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
B-6
6. STATEMENT REGARDING CONTRACTOR LICENSING LAWS ....................................................... P-11
7. RESUME(S) ................................................................................................................................. 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
CHECKLIST FOR EXECUTION OF PUBLIC WORKS AGREEMENT ............................................................ C-01
PUBLIC WORKS AGREEMENT ........................................................................................................... PW-01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
PERFORMANCE BOND
PAYMENT BOND
INSURANCE FORMS
APPENDICES
APPENDIX I: LAYDOWN, ACCESS AND PARKING PROVISIONS
APPENDIX II: CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT FORMS
APPENDIX III: LIMITED ASBESTOS CONTAINING MATERIALS ASSESSMENT
B-7
NC - 1
NOTICE INVITING CONSTRUCTION BIDS
CITY OF RANCHO PALOS VERDES
BIDS MUST BE RECEIVED BY: November 14, 2024 at 5:00 PM
MANDATORY PRE-BID JOB WALK: Thursday, October 24, 2024 at 10:00 AM
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 Hesse Park Roof Replacement Project. All quotes shall be made using PlanetBids
via the link provided above.
PROJECT IDENTIFICATION NAME: Hesse Park Roof Replacement Project (Project No.
8509)
BACKGROUND/DESCRIPTION OF WORK: In general, the work comprises without
limitation, furnishing all necessary labor, materials, equipment and other incidental and
appurtenant Work necessary to replace the Hesse Park Building Roof, including the
existing roof membrane, flashing, skylights and appurtenant structures, to provide a
complete, new roofing system. The roof is approximately 8,900 of non-contiguous (four
sections) flat roofing membrane, with two (2) square skylights and five (5) barrel-style
skylights. The project is located at the Fred Hesse Community Park - 29301 Hawthorne
Blvd., Rancho Palos Verdes, CA. This work will be performed in strict conformance with
the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable
laws and 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 forty (40) working days from
the City’s issuance of Notice to Proceed for 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 October 31, 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
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applicable to the work to be done . This rate and scale are on file with the Director of
Public Works and copies will be made available to any interested party on request. The
Contractor to whom the contract is awarded, and the subcontractors under him must pay
not less than these rates for this area to all workers employed in the execution of this
contract. This Project is subject to compliance monitoring and enforcement by the DIR.
LICENSE: The bidder shall possess a current Class B Contractor's license issued by the
California State License Board. The roof replacement work may be self-performed by the
bidder if they additionally possess a C-39 license issued by the California State License
Board; otherwise all roof replacement work shall be performed by a subcontractor that
possesses a C-39 license. No contract will be awarded to any bidder who is not a properly
licensed California contractor as required by the California Business and Professions
Code. The successful Contractor shall also possess a current City business license
before the City's issuance of a notice to proceed for the project.
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS: The
Contractor's attention is directed to Labor Code Section 1725.5, which provides that a
contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal,
subject to the requirements of Public Contract Code Section 4104, or engage in the
performance of any contract that is subject to Labor Code Section 1720 et seq., unless
currently registered and qualified to perform public work pursuant to Labor Code Section
1725.5.
RETENTION SUBSTITUTION: Five percent (5%) of any progress payment will be
withheld as retention. In accordance with Public Contract Code Section 22300, and at the
request and expense of the Contractor, securities equivalent to the amount withheld may
be deposited with City or with a State or federally chartered bank as escrow agent, which
shall then pay such moneys to the Contractor. Upon satisfactory completion of the
Contract, the securities shall be returned to the Contractor. Alternatively, Contractor may
request that the City make payments of earned retentions directly to an escrow agent at
Contractor's expense. No such substitutions shall be accepted until all related documents
are approved by the City Attorney.
LIQUIDATED DAMAGES: There is a $1,000 per day assessment for liquidated
damages for each calendar day that work remains incomplete beyond the time specified
for the completion of the work. Refer to the bid specifications and contract documents for
further details.
BIDDING PROCESS: The City reserves the right to reject any or all bids or any parts
thereof and waive any irregularities or informalities in any bid or in the bidding and to
make awards in all or part in the best interest of the City. No bidder may withdraw his bid
for a period of ninety (90) days after the date set for the opening bids.
Ramz i Awwaa, Director of Public Works
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INSTRUCTIONS TO BIDDERS
FORM OF PROPOSAL: The proposal shall be made on the bidding schedule
(“proposal”) herein.
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 of insurance and
furnish the necessary bonds as specified in the contract documents, within ten (10)
calendar days after written notice of the award. In case of the bidder’s refusal or failure
to do so, the cash, check, or bond, shall be forfeited to the City. No bidder’s bond will be
accepted unless it conforms substantially to the form set forth as required.
APPROXIMATE ESTIMATE: The quantities shown in the proposal form shall be
considered as approximate only, being listed therein for the purpose of serving as a
general indication of the amount of work or materials to be performed or furnished, and
as a basis for the comparison of bids; and the City does not guarantee nor agree, either
expressly or by implication, that the actual amount required will correspond therewith, but
reserves the right to increase or decrease the amount of any item or portion of work or
material to be performed or furnished, or to omit any such item or portion, in accordance
with the Special Provisions or Standard Specifications, under which the work is to be
constructed, without any way invalidating the contract, should such increase, decrease or
omission be deemed necessary or expedient. The quantity distribution tables included in
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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
such other means as they may prefer as to the proposal, plans, specifications, contract
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form and actual conditions and requirements of the work, and shall not at any time after
submission of the bid, dispute, complain, or assert that there was any misunderstanding
in regard to the conditions to be encountered, the character, quality, and quantities of
work to be performed and materials to be furnished, and the requirements of the proposal,
plans, specifications, and the contract form. The submission of a proposal shall be
considered conclusive evidence that the bidder has made such examination.
DISQUALIFICATION OF BIDDERS: No person, firm, or corporation shall be allowed to
make, file or be interested in more than one bid for the same work, unless alternate bids
are specifically called for. A person, firm or corporation that has submitted a sub-proposal
to a bidder, or that has quoted prices of materials to a bidder is not hereby disqualified
from submitting a sub-proposal or quoting prices to other bidders or making a prime
proposal. If there is a reason to believe that collusion exists among the bidders, all bids
will be rejected.
RETURN OF BID SECURITY: The successful bidder’s proposal guarantee shall be held
until the contract is executed. Bid security shall be returned to the three (3) lowest bidders
within twenty (20) calendar days after the successful bidder has signed the contract. All
other securities shall be returned immediately.
AWARD OF CONTRACT: The City reserves the right to reject any or all bids or any parts
thereof or to waive any irregularities or informalities in any bid or in the bidding. The
award of the contract, if made by the City, will be to the lowest responsible and qualified
bidder. The award, if made, will be within ninety (90) calendar days after the opening of
the proposals; provided that the award may be made after said period if the successful
bidder has not given the City written notice of the withdrawal of his bid.
ALTERNATES: not used
LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed
subcontractors on this project, as required by the Subletting and Subcontracting Fair
Practices Act (Public Contract Code Sections 4100, et seq.). Forms for this purpose are
furnished with the contract documents.
EXECUTION OF AGREEMENT: The bidder to whom award is made shall execute a
written contract with the City in the form included in these contract documents and shall
secure and provide to City all insurance and bonds as herein specified within ten (10)
calendar days from the date of mailing of written notice of the award. Failure or refusal
to enter into the agreement or to conform to any of the stipulated requirements shall be
just cause for the annulment of the award and forfeiture of the bidder’s security. In the
event the bidder to whom an award is made fails or refuses to execute the Agreement
within said time, the City may declare the bidder’s security forfeited, and it may award the
work to the next lowest bidder, or may call for new bids.
If the successful bidder refuses or fails to execute the contract, the City may award the
contract to the second lowest responsible bidder. If the second lowest responsible bidder
refuses to execute the contract, the City may award the contract to the third lowest
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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 considered binding
upon the City until such time as it has been executed by the City.
CONTRACT BONDS: The successful bidder shall furnish to the City at his own expense
two surety bonds. One bond shall be in the amount of 100 percent of the contract price
in the form set forth in the Contract Section to guarantee faithful performance of the
contract work. The other bond, in an amount not less than 100 percent of the contract
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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 omissions by the Contractor, together
with an endorsement in substantially the form set forth in the Contract Section attached
hereto. The Contractor shall also at all times during the term of this contract carry,
maintain and keep in full force and effect a policy or policies of Workers’ Compensation
insurance and shall provide to the City evidence of such coverage in the form set forth
herein.
COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT: All Contracts shall
conform to the provisions of Sections 4100 through 4114, inclusive, of the Public Contract
Code, as amended, concerning subcontractors and subcontracts.
REJECTION OF BIDS: Proposals may be rejected by the City Council where, upon
evidence of a prior performance of the bidder, the City Council has made a finding that
the bidder is not a responsible bidder because of unsatisfactory performance within the
past three (3) years with the City or with other public entities. The City reserves the right
to reject any or all bids and to waive any irregularity or informality in any bid to the extent
permitted by law.
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GENERAL PROVISIONS
A. PROJECT PROVISIONS
1. UNITS OF MEASURE
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), California Green Building Standards Code (CalGreen), California Electrical Code
(CEC) & related City Ordinances, 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.
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4. COMPLIANCE MONITORING AND POSTING JOB SITES
This Project is subject to compliance monitoring and enforcement by the DIR. The
Contractor shall post job site notices, as prescribed by regulation.
5. PREVAILING WAGES
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 apprenticeable
occupations. Prior to commencing work under this Agreement, Contractor shall provide
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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 risk of
injury or damage to any part of the work by the action of the elements or any other cause.
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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.
The Contractor shall cooperate with these and other projects in accordance with The
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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.
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
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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 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
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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 therefore shall be in accordance with 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.
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
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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 Basis for Establishing Costs as specified in the Standard Specifications is hereby
amended with the following superseding language:
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.
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
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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 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
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equipment or articles or materials and the Director’s decision shall be final. All requests
for substitution shall be submitted, together with all documentation necessary for the
Director to determine equality, within 20 days following the award of the contract.
6. PROTECTION OF WORK
The Contractor shall continuously maintain adequate protection of all Contractor’s work
from damage, and the City will not be held responsible for the care or protection of any
material, equipment or parts of work, except as expressly provided for in the specifications.
7. CONFLICT OF TERMS
The notice to bidders, proposal, plans, specifications and General Provisions are essential
parts of the contract for a given project. These documents, together with the necessary
bonds and bidder’s guarantee, constitute the contract as defined herein, and a
requirement included in one document shall be as binding as though included in all, as
they are intended to be cooperative and to provide a description of the work to be done.
Should there be any conflict or discrepancy between terms used, then the specifications
shall govern over plans, and change orders and supplemental agreements shall govern
over any other contract document.
8. INTERPRETATION OF PLANS AND SPECIFICATIONS
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently
detailed or explained on the plans or in the specifications, the Contractor shall request the
Director of Public Works or his authorized representative for such further explanation as
may be necessary and shall conform to such explanation or interpretation as part of the
contract, so far as may be consistent with the intent of the original specifications. In the
event or doubt of questions relative to the true meaning of the specifications, reference
shall be made to the City Council, whose decision thereon shall be final.
9. INCREASES AND DECREASES OF THE WORK TO BE DONE
The City reserves the right to increase or decrease the quantity of any item or portion of
the work described on the plans, the specifications or the proposal form or to omit portions
of the work so described, as may be deemed necessary or expedient by the Director of
Public Works and the Contractor shall agree not to claim or bring suit for damages,
whether for loss of profits or otherwise, on account of any decrease or omission of any
kind of work to be done.
10. ALTERATIONS OF THE WORK TO BE DONE
By mutual consent of the parties signatory to the contract, alterations, modifications or
deviations from the type of work may be described on the plans, specifications or on the
proposal form may be made without in any way making the contract void. The price to be
paid by the City to the Contractor for such altered or modified work shall be agreed upon
in writing, endorsed upon the original contract and signed by the proper parties to said
contract.
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
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shall be considered and treated as though originally contracted for, and shall be subject
to all the terms, conditions and provisions of the original contract.
11. EXTRA WORK
New and unforeseen work will be classed as extra work only when said work is not covered
and cannot be paid for under any of the various items or combination of items for which a
bid price appears on the proposal form. The Contractor shall not do any extra work except
upon written order from the Director of Public Works or his authorized representative.
Compensation for such extra work shall be previously agreed upon in writing between the
Contractor and the Director of Public Works or his authorized representative.
12. PUBLIC UTILITIES
(a) All of the existing utility facilities except those to be relocated as shown on
the plans will remain in place and the Contractor will be required to work
around said facilities. In case it should be necessary to remove the
property of a public utility or franchise, such owner will, upon proper
application by the Contractor, be notified by the Director of Public Works or
his authorized representative to move such property within a reasonable
time, and the Contractor shall not interfere with said property until after the
expiration of the time specified. The right is reserved to the owners of
public utilities or franchises to enter upon the project site for the purpose of
making repairs or changes in their property, which may be necessary as a
result of the work. The Contractor shall also schedule and allow adequate
time for those relocations or modifications necessary for the project by the
respective utility owners. Employees and agents of the City shall likewise
have the privilege of entering upon the street for the purpose of making any
necessary repairs or replacements.
(b) The Contractor shall employ and use only qualified persons, as hereinafter
defined, to work in proximity to Southern California Edison secondary,
primary and transition facilities. The term “qualified person” shall mean
one, who by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved, as more specifically
defined in Section 2700 of Title 8 of the California Administrative Code.
The Contractor shall take such steps as are necessary to assure
compliance by any subcontractors.
13. PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the
Contractor during the course of construction shall be replaced by the Contractor at
Contractor’s own cost, free of charges to the City. The cost of additional replacement of
curb, gutter or sidewalk in excess of the estimated quantities shown in the proposal form
and specifications, and found necessary during the process of construction, (but not due
to damage resulting from carelessness on the part of the Contractor during Contractor’s
operation), shall be paid to the Contractor at the unit prices submitted in his bid.
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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
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
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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 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.
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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.
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
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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 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.
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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
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
the Standard Specifications. The Contractor’s failure to give written notice in the time
period specified above shall constitute a waiver of all claims for an additional work day,
whether direct or consequential in nature and that day will be counted as a working day.
Upon receipt of the Contractor’s written request, the Director of Public Works or his
authorized representative will then make a determination of whether the day or days the
Contractor is requesting shall be counted as working days.
31. DEFECTIVE MATERIALS
All materials not conforming to the requirements of these specifications shall be
considered as defective and all such materials shall be removed immediately from the site
of the work unless otherwise permitted by the Director of Public Works or his authorized
representative. Upon failure on the part of the Contractor to comply with any order by the
Director of Public Works or his authorized representative made under the provisions of
this article, the Director of Public Works shall have the authority to remove and replace
defective material and to deduct the cost of removal and replacement from any moneys
due or to become due to the Contractor.
32. SOUND AND VIBRATION CONTROL REQUIREMENTS
The Contractor shall comply with all local sound control and noise level rules, regulations
and ordinances. No internal combustion engine shall operate on the project without a
muffler of the type recommended by the manufacturer. Should any muffler or other control
device sustain damage, the Contractor shall promptly remove the equipment and shall not
return said equipment to the job until the device is repaired or replaced. Said noise and
vibration level requirements shall apply to all equipment on the job or related to the job,
including, but not limited to truck, transit mixers or transit equipment that may or may not
be owned by the Contractor.
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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 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
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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 differ, or do involve hazardous waste and cause a
decrease or increase in the Contractor’s cost of, or the time required for, performance of
any part of the work, the City shall issue a change order under the procedures described
in the Contract. In the unlikely event that a dispute arises between the City and the
Contractor regarding whether the conditions materially differ, or involve hazardous waste,
or cause a decrease or increase in the Contractor’s cost of, or time required for,
performance of any part of the work, the Contractor shall not be excused from any
scheduled completion date provided for by the Contract, but shall proceed with all work to
be performed under the Contract.
The Contractor shall retain any and all rights provided either by contract or by law, which
pertain to the resolution of disputes and protests between the contracting parties. Where
applicable, Contractor shall comply with the trench or excavation permit requirement found
in Labor Code Section 6500 and the excavation safety requirements found in Labor Code
Section 6705. No excavation shall be left open during the weekends or Holidays.
38. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING
REQUIREMENTS
PART 1 GENERAL
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.
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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.
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.
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
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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.
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.
1.3 SUBMITTALS (see Appendix for submittal forms and other information referenced herein)
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.
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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
PW-A) and Pre-Project Worksheet (Form PW-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.
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 PW-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.
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(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) 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
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.
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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.
3.2 DISPOSAL OPERATIONS AND WASTE HAULING
A. Legally transport and dispose of materials that cannot be delivered to a source separated
or mixed recycling facility to a transfer station or disposal facility that can legally accept
the materials for the purpose of disposal.
B. Use a permitted waste hauler or Contractor’s trucking services and personnel. To confirm
valid permitted status of waste haulers, contact the City of Rancho Palos Verdes Public
Works Department at (310) 544-5245.
C. Become familiar with the conditions for acceptance of new construction, excavation and
demolition materials at recycling facilities, prior to delivering materials.
D. Legally transport and deliver to facilities that can legally accept new construction,
excavation and demolition materials for purpose of re-use, recycling, or composting
E. Do not burn, bury or otherwise dispose of solid waste on the project job-site.
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,
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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.
3.4 REVENUE
A. Revenues or other savings obtained from recycled, re-used, or salvaged materials shall
accrue to Contractor unless otherwise noted in the Contract Documents.
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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,” latest 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 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:
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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
replace the Hesse Park Building Roof, including the existing roof membrane,
flashing, skylights and appurtenant structures, to provide a complete, new roofing
system. The roof is approximately 8,900 of non-contiguous (four sections) flat
roofing membrane, with two (2) square skylights and five (5) barrel-style skylights.
The project is located at the Fred Hesse Community Park - 29301 Hawthorne Blvd.,
Rancho Palos Verdes, CA. This work will be performed in strict conformance with
the Contract Documents, permits from regulatory agencies with jurisdiction, and
applicable laws and 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.
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
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to Proceed. Working days are defined as Monday through Friday, with the exception that
no work may take place on the following City and Federal holidays:
• Presidents Day
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
• Columbus Day
• Veterans Day
• Election Day
• 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 corresponding day.
The City will not authorize any Work 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 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
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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) 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.
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9. PUBLIC CONVENIENCE AND SAFETY
(a) General: Attention is directed to 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 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, 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.
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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.
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,
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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
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.
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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 by the Contractor shall be provided on site 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. Contractor staff that fail to follow these procedures
shall be removed from the project site permanently at the sole discretion of the City.
11. CONSTRUCTION YARD
The Contractor shall route all material deliveries, park vehicles, stage and store materials
(“laydown area”) and access the project site in accordance with the appendices of the
contract documents. Any additional parking, or laydown area(s) required off-site to
accommodate the Work shall be at the Contractor’s sole expense.
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.
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
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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).
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
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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
of pollutants from asphalt and bituminous operations, by preventing run-on and run-off
during the operation, properly disposing of waste, and training employees and
subcontractors. The Contractor shall:
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Avoid prime or tack coating during wet weather. Store materials away from drainage
courses to prevent material from entering the run-off. Cover catch basins and manholes
when applying seal coat, tack coat, slurry seal, fog seal, etc. Make sure sand or gravel
placed over new asphalt does not wash into storm drains, streets, or creeks. Dispose of
old asphalt properly. Collect and remove all broken asphalt from the site and recycle
whenever possible. Do not dispose of asphalt products into waterways. Follow the storm
water permitting requirements for industrial activities if paving involves an on-site mixing
plant.
Construction Water: The Contractor shall reduce or eliminate excessive construction
water that may cause erosion and carry pollutants from the site. The Contractor shall:
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 their own source of electrical power as part of their Bid.
Generators shall only be energized when necessary to perform the Work.
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 may be 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 the Standard Specifications.
18. AIR POLLUTION CONTROL
Air pollution control provisions of the Standard Specifications are supplemented by the
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following:
Safety & Ventilation – Construction Activities shall be conducted in compliance with OSHA
requirements.
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 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.
20. WORK HOURS
Construction activities shall be conducted between the hours of 8:00 AM and 5:00 PM
Monday through Friday 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
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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 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. 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
work areas are completed in each location in a diligent and expeditious manner. If a
location is left inactive, the City may assess liquidated damages of $500 per day for each
specific location of work for each day of inactivity.
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
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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, liquidated damages of Fifty Dollars
($50.00) per calendar day 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.
♦ Rescheduling shall be avoided if at all possible. Any rescheduling will require the
approval of the Public Works Department.
Order of Work: Order of work shall conform to the “Construction Schedule and
Commencement of Work,” provisions of the Standard Specifications and these
Special Provisions. The Contractor shall conduct his operations to cause minimum
obstruction and inconvenience to traffic, schools, hikers and residences.
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.
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.
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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.
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B. PROJECT SPECIAL PROVISIONS
HESSE PARK ROOF REPLACEMENT
PROJECT NO. 8509
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 replace the Hesse Park Building Roof, including the existing roof
membrane, flashing, skylights and appurtenant structures, to provide a complete, new
roofing system; 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 the project schedule, project schedule updates,
all materials, plans, diagrams, and drawings as called for in the specifications, and as may
be required by the work.
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.
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 – BEST MANAGEMENT PRACTICES
Best Management Practices/ NPDES Compliance shall be as specified in the Special
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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.
4 - 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.
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
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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.
5 - 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 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.
6 - 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.
7 - INSPECTION BY CITY
The City shall inspect the quality and completeness of the Contractor's work and report any deficiencies to the Contractor.
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8 - 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.
9 - CONSTRUCTION WATER:
For water supplies not provided by the City or otherwise, the Contractor shall make his
own provisions for water necessary for completing the Work.
Note: The Contractor shall obtain and pay for all applicable 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
10 - STORAGE SITES:
The Contractor may be allowed to store materials and equipment in designated areas as
specified in the Contract during the course of construction, 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 path(s) 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,
necessary materials of construction, and tools. All storage materials must be first approved by the City. The Contractor will not be allowed to store demolition waste 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.
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11 - 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.
[END OF SECTION]
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SECTION 07 54 19 – POLYVINYL CHLORIDE ROOFING
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Work includes labor, materials, appliances, tools, equipment, facilities, transportation, and
services necessary for and incidental to perform operations in connection with furnishing,
delivery and installation of the work for this section, meeting current building codes and
manufacturer’s latest printed instructions.
1.2 SUMMARY
A. Items Included:
1. Cover panel.
2. Polyvinyl Chloride (PVC) Ketone Ethylene Ester (KEE) membrane roofing.
3. Walk tread.
B. Related Sections: NA
1.3 REFERENCES
A. References in these specifications to standards, test methods and codes, are implied to
mean the latest edition of each such standard adopted. The following is an abbreviated list
of associations, institutions, and societies which may be used as references throughout this
specification section.
1. ASTM: American Society for Testing and Materials
2. FM: Factory Mutual Engineering and Research
3. NRCA: National Roofing Contractors Association
4. OSHA: Occupational Safety and Health Administration
5. SMACNA: Sheet Metal and Air Conditioning Contractors National Association
6. UL: Underwriters Laboratories
1.4 PREINSTALLATION MEETINGS
A. Pre-installation Roofing Conference at Jobsite: Conduct mandatory project site meeting
with at a minimum the following: Owner, Construction Manager, Architect, Roofing
Contractor, Roofing Manufacturer's Representative, inspecting agency, and other applicable
trades to discuss the means and methods related to roofing installation.
B. The Roofing Contractor shall examine the substrate that will receive the specified roofing
materials and confirm its suitability for attachment of the specified roofing system.
C. Review methods and procedures related to roofing installation, including manufacturer’s
written instructions.
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D. Review and develop a construction schedule, verify availability of materials, installers
personnel, equipment, and facilities needed for proper progress and to avoid delays.
E. Examine deck substrate conditions and finishes for compliance with requirements, including
flatness and fastening.
F. Review structural loading limitations and roof deck before and during construction.
G. Review base tie-ins, special roofing details, roof drainage, roof penetrations, equipment
curbs, and conditions of other construction that affects roofing system.
H. Review governing agencies.
I. Review temporary protection requirements for roofing system during and after
construction.
J. Review roof observation and repair procedures after roofing installation.
1.5 SUBMITTAL OF ALTERNATE SYSTEMS
A. Consideration of Alternate Systems: Submit primary roof systems to be considered as
equals to the specified roof system no less than 10 days prior to bid date. Primary roof
systems which have been reviewed and accepted by the Engineer as equals to the specified
roof system will be listed in an addendum prior to bid date; only then will equals be
accepted at bidding. Submittals shall include the following:
1. Two 3-inch x 5 inch samples of the primary roofing and flashing sheets.
2. Latest edition of the roofing system manufacturer's specifications and installation
instructions.
3. Evidence that the manufacturer of the proposed roofing system utilizes a quality
management system that is ISO 9001 certified. Documentation of ISO 9001 certification
of foreign subsidiaries without domestic certification will not be accepted.
4. Evidence and description of manufacturer's quality control/quality assurance program
for the primary roofing products supplied. The quality assurance program description
shall include all methods of testing for physical and mechanical property values. Provide
confirmation of manufacturer's certificate of analysis for reporting the tested values of
the actual material being supplied for the project prior to issuance of the specified
guarantee.
5. Descriptive list of the materials proposed for use.
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6. Evidence of Underwriters' Laboratories Class A acceptance of the proposed roofing
system (including mopping asphalt or cold adhesive) without additional requirements
for gravel or coatings.
7. Evidence that the roof configuration (including fastening of insulation) has been tested
by an accredited independent testing agency to meet the design wind load pressure
indicated in Part 1.07 C2.
8. The roof membrane configuration shall be approved by FM Global for Class 1-SH (severe
hail) exposure.
9. Complete list of material physical and mechanical properties for each sheet including
weights and thicknesses.
10. Sample copy of the proposed guarantee.
B. Technical Product Data: Submit the manufacturer’s technical product data sheets for each
type of product.
C. Shop Drawings: Include plans, sections, and shop drawings/details for all applicable
conditions.
D. Product Samples: Submit product samples of the primers, adhesives, fasteners, accessories,
boots, flashing & reinforcing, membrane, and walkway membrane.
1.6 INFORMATIONAL SUBMITTALS
A. Qualification Data:
1. Installer: Submit written confirmation that they have a minimum of 2 years of
experience in successfully installing the same or similar roofing materials and be
certified in writing by the roofing materials manufacturer to install the primary roofing
products.
2. Manufacturer: Ensure that the primary roofing materials manufacturer provides direct
trained company personnel to attend necessary job meetings, perform periodic
inspections as necessary, and conduct a final inspection upon successful completion of
the project.
B. System Qualification:
1. Intent to Warrant Letter: Submit a signed letter on the roof membrane manufacturer’s
letterhead, confirming that specified roofing system complies with the guarantee
requirements indicated in Part 1.11 and the criteria indicated in Part 2.2 Roof
Membrane Sheet Materials.
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2. Sample Guarantee: Submit a sample copy of the manufacturer’s proposed Guarantee.
1.7 CLOSEOUT SUBMITTALS
A. Maintenance Data: Submit the manufacturer’s care and maintenance guide.
B. Executed Guarantee: Provide the Owner with an executed version of the specified
guarantee.
1.8 QUALITY ASSURANCE
A. Contractor / Installer / Fabricator shall have been in business for five (5) years
providing/finishing similar size projects and complexity.
1. Installation of the roofing system shall be performed by manufacturer’s certified roofing
contractor in complete accordance with manufacturer's specifications and
recommendations.
2. GAF: Master or Master Select registered GAF installer or approved roof manufacturer if
different
B. Manufacturer shall have been in business for ten (10) years providing/installing/finishing
similar size projects and complexity.
C. Stipulations:
1. Refer to manufacturer’s specifications and as herein specified as to allowable weather
conditions, substrate conditions, etc.
2. Substrate shall be primed in accordance with mfgr’s recommendations and covered
under this scope of work.
D. Pre-Installation Conference: A pre-installation conference shall be held prior to
commencement of field operations to establish procedures to maintain optimum working
conditions and to coordinate this work with related and adjacent work.
1. Agenda for meeting shall include, but not be limited to;
i. Substrate preparation
ii. Inspections by roofing manufacturer representative during construction and at
project closeout punchlist procedures
iii. Schedule
iv. Special detailing
2. General Contractor shall request meeting 5 days in advance of construction.
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E. Manufacturer’s Representative: Make arrangements necessary to have a representative
employee of the roofing manufacturer on-site periodically during installation work to review
installation procedures and during project closeout.
1. Manufacturer’s representative shall review and certify in writing all phases of
construction to verify the complete work meets specification requirements and
warranty/guarantee requirements.
2. Warranty compliance certification with Inspections report(s).
F. Miscellaneous criteria:
1. All products incorporated into the roofing system shall be manufactured by a single
manufacturer, or shall be acceptable to the roofing manufacturer for use with its own
manufactured products for a complete warrantied assembly.
2. The more restrictive requirements as herein specified and/or as indicated in plan
drawings and/or details shall govern if more restrictive than the roof manufacturer
allows per their standard details and/or warranty criteria.
1.9 DELIVERY, STORAGE, AND HANDLING
A. Delivery: Deliver roofing materials to Project site in original containers with seals unbroken
and labeled with manufacturer's name, product brand name and type, date of manufacture,
approval or listing agency markings, and directions for storing and mixing with other
components.
B. Storage: Store liquid materials in their original undamaged containers in a clean, dry,
protected location and within the temperature range required by roofing manufacturer.
1. Protect stored liquid material from direct sunlight, heat, open fire, ignition sources,
oxidizing agents, strong acids, and strong alkalis.
2. Discard and legally dispose of liquid material that cannot be applied within its stated
shelf life.
C. Protection: Protect roof insulation materials from physical damage and from deterioration
by sunlight, moisture, soiling, and other sources. Comply with the insulation manufacturer's
written instructions for handling, storing, and protecting materials during installation.
D. Handling: Handle and place roofing materials and equipment in a manner to avoid
permanent deflection of deck.
1.10 FIELD CONDITIONS
A. Field verify that all components, backing, substrate are installed correctly to proceed with
installation of products as herein specified.
B. Environmental Requirements:
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1. Do not apply roofing in inclement weather or when there is a threat of inclement
weather or as approved by roofing manufacturer.
2. Allow sufficient time for moisture from previous precipitation, rain, fog, or dew to
evaporate before proceeding with roofing work. Forced drying methods may be used
as permitted by the roofing manufacturer.
3. Comply with all applicable environmental laws and regulations.
4. Do not allow roofing membrane or other appurtenant materials to come in contact
with any materials that might be harmful or degrading to roofing products.
C. Site Conditions
1. Confirm the adequacy of the new roofing system to provide positive slope to drain.
a. Eliminate ponding areas by providing additional pitch to the roof surface and/or
additional crickets as approved by manufacturer.
2. All defects in the roof deck or substrate shall be corrected by the responsible party
before new roofing work commences. Verify that the deck surface is dry, sound, clean
and smooth, free of depressions, waves or projections.
3. Protect building surfaces against damage and contamination from roofing work.
4. Where work must continue over completed roof areas, protect the finished roofing
system from damage.
5. Debris Removal: Remove all debris daily from the project site and take to a legal
dumping area authorized to receive such materials.
6. Site Condition: Complete, to the owner's satisfaction, all job site clean-up including
building interior, exterior and landscaping where affected by the construction.
1.11 GUARANTEE
A. Manufacturer’s Guarantee: Provides that the Manufacturer will repair leaks through the
covered roofing materials due to material or workmanship defects, subject to certain
exclusions, during the specified time period. Refer to guarantee for complete coverage and
restrictions.
1. The Guarantee shall provide coverage for the roofing membrane, base flashings, roof
insulation, fasteners, insulation adhesive, and cover panel. The Guarantee shall be non-
prorated and contain no deductibles or limitations on coverage amount.
2. Guarantee Period: 20 years from date of Substantial Completion.
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B. Special Project Warranty: Submit roofing contractor’s warranty signed by the Installer,
including all components of the roofing and insulation system for the following warranty
period:
1. Warranty Period: 2 years from date of Substantial Completion.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Source Limitations: Obtain components including roof insulation, fasteners, and accessories
for roofing system from same manufacturer as roof membrane or manufacturer approved
by roof membrane manufacturer.
B. Manufacturer: Subject to compliance with requirements, provide products b one of the
following: Siplast Inc., Fibertite, Sarnafil, or EQUAL.
2.2 ROOFING MEMBRANE SHEET MATERIALS
A. Roof Membrane: A roof membrane consisting of one ply of a prefabricated, polyester
scrim-reinforced, polyvinyl chloride (PVC) membrane formulated with an Elvaloy® Ketone
Ethylene Ester (KEE) copolymer, applied over a prepared substrate. The roof membrane
shall have a factory-adhered polyester fleece backing on the bottom side. The roof
membrane shall meet or exceed to the minimum criteria established by ASTM D4434
Standard Specification for Poly (Vinyl Chloride) Sheet Roofing (Type III). The minimum
thickness of the roof membrane shall be 80 mils (2 mm), as established by ASTM D751
Standard Test Method for Coated Fabrics. The minimum thickness of the roof membrane
over the reinforcement scrim shall be 40 mils (1.02 mm), as established by ASTM D7635
Standard Test Method for Measurement of Thickness of Coatings Over Fabric
Reinforcement.
2.3 BASE FLASHING SHEET MATERIALS
A. Flashing Membrane (fleece-back): A flashing membrane consisting of one ply of a
prefabricated, polyester scrim-reinforced, polyvinyl chloride (PVC) membrane formulated
with an Elvaloy® Ketone Ethylene Ester (KEE) copolymer, applied over a prepared substrate.
The flashing membrane shall meet or exceed to the minimum criteria established by ASTM
D4434 Standard Specification for Poly (Vinyl Chloride) Sheet Roofing (Type III). The
minimum thickness of the flashing membrane shall be 80 mils (2 mm), as established by
ASTM D751 Standard Test Method for Coated Fabrics. The minimum thickness of the
flashing membrane over the reinforcement scrim shall be 40 mils (1.02 mm), as established
by ASTM D7635 Standard Test Method for Measurement of Thickness of Coatings Over
Fabric Reinforcement.
B. Liquid Flashing System: The specified liquid flashing system shall consist of a catalyzed
PMMA-based membrane fully reinforced with a non-woven polyester fleece that is installed
over a prepared substrate.
2.4 AUXILIARY ROOFING MATERIALS
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A. Flashing Membrane Adhesive for Smooth Membrane: A solvent-based, low VOC, rubberized
adhesive designed for bonding PVC single-ply roofing membranes and flashings to various
roofing substrates.
B. Sealant: A solvent-based, UV resistant synthetic elastomeric sealant for the completion of
details.
C. Water Block: Water Block: A single component butyl-based high viscosity sealant for
sealing the flashing membrane to the substrate behind exposed termination bars and at
drain flanges.
D. Membrane Conditioner/Cleaner: A solvent-based agent used to clean exposed or
contaminated seams prior to heat welding to remove any residue that may compromise lap
welding.
E. Membrane Separation Pad: A non-woven polyester mat, having a weight of 3 oz./yd. (85
g/m2), used beneath mechanically attached single-ply membrane in re-cover applications or
between single-ply flashing membrane and flashing substrates contaminated with asphalt
residue.
F. PVC Membrane Flashing Accessories
1. Outside Corner Flashing: A molded PVC membrane having a thickness of 0.075 inch (1.9
mm), designed to accommodate outside corners of base and curb flashing details. The
molded flashing component shall be hot air welded directly to the specified PVC
membrane.
2. Inside Corner Flashing: A molded PVC membrane designed to accommodate inside
corners of base and curb flashing details. The molded flashing component shall be hot
air welded directly to the specified PVC membrane.
3. Fluted Corner Flashing: A molded PVC membrane having a thickness of 0.055 inch (1.4
mm), designed to accommodate corners of base and curb flashing details having
dimensions that cannot be addressed using standard pre-formed PVC inside or outside
corner flashing components. The molded flashing component shall be hot air welded
directly to the specified PVC membrane.
4. Flashing Strip: An 8-inch-wide molded PVC membrane strip having a thickness of 0.045
inch (1.14 mm), designed for general repairs and to strip-in PVC coated metal flanges.
5. Termination Bar with Receiver: An extruded aluminum termination bar with rounded
edges and an angled sealant receiver and lower leg bulb stiffener, having factory-
punched, slotted holes spaced on 8-inch (203 mm) centers.
6. Flat Termination Bar: A flat, extruded aluminum termination bar with rounded edges,
having factory-punched, slotted holes spaced on 8-inch (203 mm) centers.
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7. Pre-formed Vent Boots: A molded PVC membrane used to flash pipe and conduit
penetrations having a diameter of 1 to 6 inches (25 to 152 mm). The pre-formed vent
boots shall be hot air welded directly to the PVC roof membrane.
8. Cover Patches at T-Joints: A molded PVC membrane used to reinforce the T-joints of the
specified PVC membrane system.
G. Fasteners for Membrane Securement: Membrane mechanical fasteners shall be a
fluorocarbon coated screw type roofing fastener having a minimum 0.220-inch thread
diameter. The fastener shall conform meet or exceed Factory Mutual Standard 4470 and
when subjected to 30 Kesternich cycles, show less than 15% red rust. Acceptable insulation
fastener types for steel decks are listed below.
H. Membrane Plates: Membrane plates shall be FM Approved, and/or approved by the
manufacturer of the primary roofing products. The plates shall be used with the specified
seam fasteners to provide attachment required to meet the specified uplift performance.
Acceptable membrane plate manufacturers are listed below.
1. Membrane Plates: Membrane plates shall be FM Approved, and/or approved by the
manufacturer of the primary roofing products. The plates shall be used with the specified
seam fasteners to provide attachment required to meet the specified uplift performance.
Acceptable membrane plate manufacturers are listed below.
- Barbed plates used in conjunction with the fastener shall be a metal type having a
minimum 2.375-inch diameter, as supplied by the fastener manufacturer.
2.5 INSULATION COVER PANEL
A. Substrate Board: A non-structural gypsum panel composed of fiber reinforced synthetic
gypsum. Provide panels having a nominal thickness of 1/2 inch. Acceptable types are as
follows:
1. Securock Gypsum-Fiber Roof Board or equal
2.6 INSULATION ACCESSORIES
A. Insulation Fasteners: The insulation fasteners shall provide attachment required to meet
the specified uplift performance and to restrain the insulation panels against the potential
for ridging.
B. Insulation Fasteners - Wood/Plywood Decks: Insulation mechanical fasteners shall be a
fluorocarbon coated screw type roofing fastener having a minimum 0.220-inch thread
diameter. Plates used in conjunction with the fastener shall be a metal type having a
minimum 3-inch diameter, as supplied by the fastener manufacturer. The fastener shall
conform meet or exceed Factory Mutual Standard 4470 and when subjected to 30
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Kesternich cycles, show less than 15% red rust. Acceptable insulation fastener types for
wood/plywood decks are listed below.
2.7 WALKWAYS
A. Walk tread: A prefabricated, extruded and embossed PVC protection pad with a skid-
resistant surface, having a thickness of 1/8 inch (3.2 mm) and a width of 30 inches (76.2).
PART 3 - EXECUTION
3.1 EXAMINATION
A. Substrate Qualification: The installing contractor shall examine all substrates where the
specified roofing and flashing system will be applied and confirm their suitability to receive
the specified roofing materials.
3.2 PREPARATION
A. Sweep or vacuum all surfaces, removing all loose aggregate and foreign substances prior to
commencement of roofing.
B. Remove all the following existing conditions:
1. Surface gravel
2. Roof membrane
3. Insulation
4. Base flashings
5. Edge metal
6. Flanged metal flashings
7. Cants
8. Walkways
9. Nonfunctional penetrations/curbs
10. Drain assemblies
11. Vapor retarder
12. Metal Trim, counter flashing
13. Skylights
3.3 INSTALLATION OF ROOFING, GENERAL GUIDELINES
A. General Appearance: Ensure that the finished roofing application has an aesthetically
pleasing overall appearance, matches the original conditions with new materials, and is
acceptable to the Owner.
3.4 INSTALLATION OF INSULATION AND COVER BOARD
A. Insulation Attachment General: Install insulation panels with end joints offset with edges in
moderate contact in accordance with the insulation manufacturer's requirements. Where
insulation is installed in two or more layers, stagger joints between layers. For membrane
systems that will be attached by heat induction, install a minimum of 4 fasteners evenly
spaced around all round, square, “L”-beam or “H”-beam penetrations, keeping the fasteners
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1/4 to 3/4 inches from the penetration. At penetrations having a larger diameter, install
fasteners around the penetration on 12-inch centers. Install only as much insulation as can
be made watertight within the same workday.
B. Preliminary insulation attachment: Mechanically attach all layers simultaneously to the
substrate, using the specified fasteners, at a rate of 1 fastener for every 4 square feet of
panel area (8 per 4' x 8' panel).
3.5 APPLICATION OF ROOFING MEMBRANE
A. Roofing Application: Apply roofing to be free of wrinkles, creases or fishmouths. Use a
blower and/or broom to remove any dirt or debris from the substrate surface.
1. Reference the manufacturer’s installer guide for specific information as it pertains to
sheet layout and orientation. Mechanically attach the membrane at the side laps on 12-
inch centers through the insulation system into the structural deck to meet the
requirements of the roofing manufacturer and relevant code approval agency. Fastener
plates must be placed within 1/4 to 1/2 inch (6 to 13 mm) from the membrane edge.
Install full-width sheets through the field zone of the roof area. Install half-width sheets
at the perimeter sides of the roof area running perpendicular to the direction of the
deck flutes, as necessary, to meet the specified wind uplift design requirements. At
perimeter ends, install an additional row of the specified fasteners/plates through the
middle of the sheets as necessary, to meet the specified wind uplift design requirements
and heat-weld an 8-inch (405 mm) strip of reinforced membrane flashing strip over the
additional fasteners.
2. Using scissors, round all exposed sheet corners a minimum of 1 inch. At outside and
inside corner zones of the roof area having 75-to-105-degree angles, install additional
fasteners through the perimeter membrane to form a grid pattern.
3. Where the substrate angle changes in excess of 5 degrees (i.e. 1-inch slope),
mechanically attach the membrane into the structural deck on 12-inch centers, keeping
the fasteners 1/4 to 3/4 inch from the angle change. At curbs and walls, mechanically
attach the membrane into the structural deck on 12-inch centers, keeping the fasteners
1/4 to 3/4 inch from the membrane edge. Alternatively, at walls/curbs extend the
membrane a minimum of 3 inches up the vertical flashing substrate and mechanically
attach the specified flat termination bar at the top edge of the membrane. The
termination bar must be installed within 1.5 to 2 inches (38 to 51 mm) of the horizontal
plane of the roof, with a minimum of 1-inch (25 mm) of membrane extending above the
termination bar. Prior to mechanical attachment of the termination bar, apply the
specified water block sealant on the flashing substrate behind the membrane where the
termination bar will be installed.
4. Install a minimum of 4 fasteners evenly spaced around all round, square, “L”-beam or
“H”-beam penetrations, keeping the fasteners 1/4 to 3/4 inches from the penetration.
At penetrations having a larger diameter, install fasteners around the penetration on
12-inch centers.
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5. Clean the laps of membrane that has become dirty or contaminated using the specified
conditioner. Heat weld all side and end laps of the membrane during each day’s
application. All welds must be continuous, without voids, and free of burns and scorch
marks. Welds shall be a minimum width of 1 inch (38 mm) and a maximum of 1.5 inches
(38.1 mm). Contact the manufacturer of the heat-welding equipment for specific
guidelines on operating the equipment. Where a hand-held welder is used, hand-roll
the membrane seams immediately behind the heat welder.
B. Flashing Application - General: Locate all penetrations at least 24 inches from curbs, walls,
and edges to provide access for proper application of the specified flashing materials.
Reinforce all coated metal and membrane flashing corners using preformed corners or non-
reinforced membrane. Welds shall be a minimum width of 1 inch (38 mm) and a maximum
of 1.5 inches (38.1 mm). Overlap side and ends with the adjacent courses of the specified
protection layer by a minimum of 6 inches. Reference the manufacturer’s standard details
for all flashing conditions.
C. Flashing Application - Coated Metal Flashings: Form coated metal flashings in accordance
with SMACNA guidelines and the manufacturer’s published specifications and details.
Reference the manufacturer’s published details for all flashing conditions.
D. Reinforced Smooth Flashing Application (for use when asphalt residue is present): Sheath
all flashing substrates where asphalt residue is present with a layer of the specified gypsum
sheathing panel using fasteners and plates that are appropriate for the substrate
type. Apply the solvent-based bonding adhesive to both the underside of the membrane
and the substrate at the rate published by the manufacturer. Allow the bonding adhesive to
dry until tacky to the touch before application of the flashing membrane. Mate the
membrane to the flashing substrate coated with the specified adhesive. Roll the membrane
to ensure complete bonding of the adhesive between the flashing substrate and
membrane. Heat weld the laps and terminate the top of the flashing membrane in
accordance with the manufacturer’s standard details.
E. Flashing Application - Adhered Un-Reinforced Membrane Flashing: Apply un-reinforced
membrane at field-fabricated penetrations or as reinforcement flashings in locations where
preformed corners and pipe boots cannot be properly installed. Apply un-reinforced
flashing in strict accordance with the published details and requirements of the roof
membrane manufacturer. Allow the bonding adhesive to dry until tacky to the touch before
application of the flashing membrane.
F. Catalyzed Acrylic Resin Flashing System (at penetrations): Install the liquid-applied primer
and flashing system in accordance with the membrane system manufacturer’s printed
installer’s guidelines and other applicable written recommendations as provided by the
manufacturer.
G. Water Cut-Off: At end of day's work, or when precipitation is imminent, construct a water
cut-off at all open edges. Construct cut-offs to withstand protracted periods of service
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TECHNICAL PROVISIONS
POLYVINYL CHLORIDE ROOFING TP - 13
07 54 19
without leaking using materials and methods compatible with the specified roof membrane
system. Cut-offs must be completely removed prior to the resumption of roofing.
3.6 APPLICATION OF SEALANT
A. Sealant at metal flashings: Apply a smooth continuous bead of the specified sealant at the
exposed finish ply edge transition to metal flashings incorporated into the roof system.
3.7 ROOF SYSTEM INTERFACE WITH RELATED COMPONENTS
A. Walkway/Protection Pads: Install walkway rolls at all roof access locations and other
designated locations including roof-mounted equipment, work locations and areas of
repeated rooftop traffic. Cut the walk tread into maximum 5-foot lengths and allow to relax
until flat. Use a spacing of 6 inches between sheets to allow for proper drainage. Heat-weld
walkway rolls to the roof membrane surface continuously around the perimeter of the roll.
B. Roof Drains: Fit drains with clamping rings and strainer baskets. Provide a minimum 36-
inch by 36-inch sump and a slope within the sump not exceeding 4:12. Extend the roof
membrane over the drain opening and cut a hole in the membrane directly over the
opening, leaving 1 inch of membrane to extend past the drain flange into the drain opening.
Punch holes through the roofing membrane at drain bolt locations. Set the membrane in a
full bed (use minimum one full tube) of the specified water block sealant over the drain
flange prior to securement of the clamping ring. Field welds cannot pass within 9 inches of
the camping ring or within the drain sump itself. Reference the manufacturer’s published
details for appropriate treatment of roof drain conditions.
C. Termination Bars (securement of roof membrane at base of walls or curbs): Prior to
mechanical attachment of the specified flat termination bar, apply the specified water block
sealant on the flashing substrate behind the membrane where the termination bar will be
installed. Mechanically attach flat termination bars using the specified fasteners.
D. Termination Bars (securement at top of flashing membrane): Prior to mechanical
attachment of the specified termination bar with receiver, apply the specified water block
sealant on the flashing substrate behind the membrane where the termination bar will be
installed. Mechanically attach termination bars using the specified fasteners. Apply a
continuous bead of the specified sealant at the top of termination bar sealant receiver lip.
E. Skylights (securement of roof membrane at skylights): Prior to mechanical attachment of
the specified skylight, apply the specified water block sealant on the flashing substrate
behind the membrane where the skylight will be installed. Mechanically attach skylight
using the specified fasteners.
3.8 FIELD QUALITY CONTROL
A. Notify the manufacturer of job completion in order to schedule a final inspection date. Hold
a meeting at the completion of the project, attended by all parties that were present at the
pre-job conference. A punch list of items required for completion shall be compiled by the
manufacturer's representative. Complete, sign, and send the punch list form to the
manufacturer's headquarters.
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TECHNICAL PROVISIONS
POLYVINYL CHLORIDE ROOFING TP - 14
07 54 19
B. Leave all areas around job site free of debris, roofing materials, equipment and related
items after completion of job.
C. Complete all post installation procedures and meet the manufacturer's requirements for
issuance of the specified guarantee.
END OF SECTION
B-72
CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of the bid:
____ Completed and Signed Proposal
____ Completed and Signed Bid Sheets
____ Completed Information Required of Bidders Form
____ Completed References Sheet(s)
____ Executed Statement Acknowledging Penal and Civil Penalties
Concerning the Contractor’s Licensing Law
____ Attached Resume of General Construction Superintendent or on-site
Construction Manager for the Contractor
____ Completed Designation of Subcontractors Form
____ Completed and Signed Contractor’s Industrial Safety Record
____ Completed, Signed and Notarized Bid Bond or Other Security
____ Signed and Notarized Non-Collusion Declaration
____ Completed and Signed Acknowledgement of Addenda
____ Completed Bidder Statistical Information Form
____ All Addenda (if applicable)
Failure of the Bidder to provide all required information in a complete and accurate manner may
be considered non-responsive.
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PROPOSAL
CITY OF RANCHO PALOS VERDES
HESSE PARK ROOF REPLACEMENT
PROJECT No. 8509
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, also
names of president, secretary, treasurer, and manager thereof. Two notarized officer’s signatures
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and the corporate seal are required for corporations.
Legal Business Name:
Address:
Telephone:
Contact:
Proposals which do not show the Contractor’s License Number and expiration date of the Bidder’s
License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will
be rejected.
Bid Date
This information must include all construction work undertaken in the State of California by the
bidder and partnership joint venture or corporation that any principal of the bidder participated in
as a principal or owner for the last five calendar years and the current calendar year prior to the
date of bid submittal. Separate information shall be submitted for each particular partnership,
joint venture, corporate or individual bidder. The bidder may attach any additional information or
explanation of data which bidder would like to be taken into consideration in evaluating the safety
record. An explanation must be attached of the circumstances surrounding any and all fatalities.
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CITY OF RANCHO PALOS VERDES
BID SHEET
HESSE PARK ROOF REPLACEMENT
CIP No. 8509
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
HESSE PARK ROOF REPLACEMENT, PROJECT No. 8509 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.
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BID SCHEDULE
ITEM
NO. DESCRIPTION ESTIMATED
QUANTITY UNIT PRICE UNIT EXTENDED
AMOUNT
1 Mobilization 1 LS
2 Roofing 8,900 SF
3 Square Skylights 12 EA
4 Wide, Long, Barrel-Style Skylights 2 EA
5 Narrow, Long, Barrel-Style Skylights 3 EA
6 Final Cleanup / De-mobilization 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. In the event of a discrepancy between the numbers and the words, the words shall
prevail.
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.
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INFORMATION REQUIRED OF BIDDER
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder’s name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered
owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this
question. If you are doing business under a fictitious name, provide a copy of the filed
valid Fictitious Business Name Statement.
______________________________________________________________________
(3) Business address:
(4) Telephone: Facsimile:
(5) Type of firm - Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the state of:
(7) California State Contractor’s License Number and Class:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the site of the proposed Work for
your firm:
(10) Number of years’ experience the company has as a contractor in construction work:
(11) List the names, titles, addresses and telephone numbers of all individuals, firm members,
partners, joint venturers, and company or corporate officers having a principal interest in
this Proposal:
(CONTINUED ON NEXT PAGE)
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List at least three similar (commercial roofing, preferably for public entities) 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.”
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REFERENCES
For all public agency projects in excess of $300,000 you are currently working on or have worked
on in the past five (5) years, provide the following information:
Project 1 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ____________ ___ _
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 2 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: _________ _____ __
Agency Name: _ _____
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
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If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 3 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ___ _____________
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
B-81
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Project 4 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________ ________
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 5 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: _________ _______
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
B-82
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Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 6 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________ ________
Agency Name: ______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
B-83
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS’ LICENSING LAWS
[Business & Professions Code 7028.15]
[Public Contract Code 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I,
or the entity on whose behalf this certification is given, hold a currently valid California contractor’s
license as set forth below:
Business & Professions Code 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to
engage in the business or act in the capacity of a contractor within this state without
having a license therefore, except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the
Public Contract Code or on any local agency project governed by Section
20104 [now ‘ 20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section,
the court shall impose a fine of 20 percent of the price of the contract under which
the unlicensed person performed contracting work, or four thousand five hundred
dollars ($4,500), whichever is greater, or imprisonment in the county jail for not
less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish
materials and labor on an hourly basis, “the price of the contract” for the purposes
of this subdivision means the aggregate sum of the cost of materials and labor
furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section
7029.1. However, at the time of making a bid as a joint venture, each person
submitting the bid shall be subject to this section with respect to his or her individual
licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor,
or registered professional engineer to form joint ventures with licensed contractor
to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency
by a contractor who is not licensed in accordance with this chapter shall be
considered non-responsive and shall be rejected by the public agency. Unless
one of the foregoing exceptions applies, a local public agency shall, before
awarding a contract or issuing a purchase order, verify that the contractor was
properly licensed when the contractor submitted the bid. Notwithstanding any
other provision of law, unless one of the foregoing exceptions applies, the registrar
may issue a citation to any public officer or employee of a public entity who
knowingly awards a contract or issues a purchase order to a contractor who is not
licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality
B-84
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of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any
contract awarded to, or any purchase order issued to, a contractor who is not
licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by
Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid
awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this
section if the public employee, officer, or employing agency made an inquiry to the
board for the purposes of verifying the license status of any person or contractor
and the board failed to respond to the inquiry within three business days. For
purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with the laws of
this state. However, at the time the contract is awarded, the contractor shall be properly
licensed in accordance with the laws of this state. The first payment for work or material
under any contract shall not be made unless and until the Registrar of Contractors verifies
to the agency that the records of the Contractor’s State License Board indicate that the
contractor was properly licensed at the time the contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law including,
but not limited to, any appropriate disciplinary action by the Contractor’s State License
Board. The agency shall include a statement to that effect in the standard form of
prequalification questionnaire and financial statement. Failure of the bidder to obtain
proper and adequate licensing for an award of a contract shall constitute a failure to
execute the contract and shall result in the forfeiture of the security of the bidder.
License No.:
Class:
Expiration Date:
Date:
Signature:
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RESUME(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.
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DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement,
or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the
Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent
(0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of
one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another
page listing all information for all other Subcontractors.
Name under which
Subcontractor is Licensed
and Registered
California
Contractor’s License
Number(s) and
Class(es)
California DIR
Contractor
Registration
Number
Address and Phone Number Type of Work
(e.g., Electrical)
Percentage
of Total Bid
(e.g., 10%)1
1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).
B-87
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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:
B-88
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BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the (“Public
Agency”), has issued an invitation for bids for the work described as follows:
HESSE PARK ROOF REPLACEMENT, PROJECT No. 8509
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to
furnish a form of bidder’s security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), being not less than ten percent (10%) of the total bid price, in
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded a contract for the work by the Public Agency and, within the time and in the manner
required by the bidding specifications, enters into the written form of contract included with bidding
specifications, furnishes the required bonds, one to guarantee faithful performance and the other
to guarantee payment for labor and materials, and furnishes the required insurance coverage,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and
effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the
Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety
hereby waives the provisions of California Civil Code 2845.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the
date set forth below, the name of each corporate party being hereto affixed and these presents
B-89
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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.
B-90
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NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code § 7106]
State of California )
County of ____________ ) ss.
City of _______________ )
The undersigned declares:
I am the ___________________ of ___________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf
of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________________[date], at
_________________________________[city], _____________________[state].
Signature ________________________________
Subscribed and sworn to before me on ________________________________.
(Date)
(Notary Seal) Signature ________________________________
Notary Public
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ACKNOWLEDGMENT OF ADDENDA
Bidder’s Name: ____________________________________
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page
acknowledging receipt of the Addenda.
Signature:
Title:
Date:
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This form shall be submitted with the Bid
B-93
PROPOSER/BIDDER STATISTICAL INFORMATION FORM
All proposers/bidders responding to the solicitation must complete and submit this form in order for their proposer or bid to be
considered. The information requested in the form will be used solely for statistical purposes. The contract(s) and/or subcontract(s)
will be awarded without regard to gender, race, color, creed, or national origin.
1. Type of business entity: □ Sole partnership □ Nonprofit organization
□ Partnership □ Franchise
□ Corporation □ Limited Liability Corporation
□ Other:
2. Total number of employees in firm/organization, including owners:
3. Break down the total number of employees in your firm/organization Into the following categories:
Race/Ethnicity
Black/ African-American
Hispanic/ Latino
Asian-American/ Pacific Islander
American Indian/ Alaska Native
Filipino American
White
Other
Owners, Partners, and
Associate Partners
Male Female
4. Indicate, by percentage, how ownership of the firm/organization is distributed:
Men
Women
Black/
African-
American
Hispanic/
Latino
Asian-
American /
Pacific
Islander
American
Indian/
Alaskan
Native
Managers
Filipino-
American
Staff
White Other
5. If your firm is currently certified as a Minority (MBE}, Women (WBE}, Disadvantaged (DBE), and/or Disabled Veteran (DVBE}
Business Enterprise by a public agency, indicate the Business Enterprise certification of your firm, the certifying agency, and the
expiration date of the certification:
MBE WBE DBE DVBE Name of Certifying Agency Ex piration Date
□ □ □ □
□ □ □ D
□ □ □ □
D □ □ D
□ □ □ □
□ □ □ □
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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)
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Project Name/No.: ________________ Contract No.: ______________
Project Manager: ________________ Approved: ______________
01203.0006/993143.2 PW-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.
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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.
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(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 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.
(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.”
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(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
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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.
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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.
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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 35 (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. 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:
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(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.
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. 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 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.
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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 the 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
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
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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, or otherwise in accordance with 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.
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 $1,000 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.
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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
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
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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
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
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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 $1,000,000 per occurrence, $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) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(d) 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
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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.
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.
(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.
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(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.
(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
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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.
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
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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.
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) 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.
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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
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 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.
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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,
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.
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(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
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 extra 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
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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.
(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.
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(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
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
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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
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
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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.
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
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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.
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,
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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) 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 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
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“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.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
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.
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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.
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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.
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BOND FORMS
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PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things
stand and abide by, well and truly keep and perform all undertakings, terms, covenants,
conditions, and agreements in the said Contract and any alteration thereof, made as therein
provided, all within the time and in the manner designated and in all respects according to their
true intent and meaning, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the
Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
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Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
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PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract; and/or (4) for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor, then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of such change, extension of time, alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
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Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of process in California, if different from above)
(telephone number of Surety's agent in California)
(Attach Acknowledgment) SURETY
By (Attorney-in-Fact) APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
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INSURANCE FORMS
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WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time, and is
in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
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Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period
indicated, notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate may be issued or may pertain, the insurance afforded by the
policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called
for is provided by more than one insurance company, a separate certificate in the exact above form
shall be provided for each insurance company.
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ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
B-133
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)
B-134
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)
B-135
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
B-136
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)
B-137
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)
B-138
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.
B-139
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 .
B-140
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)
B-141
APPENDIX I
LAYDOWN, ACCESS AND PARKING
PROVISIONS
B-142
NOTES
(1) ALLOWABLE LAYDOWN AND SITE
ACCESS; REFER TO GENERAL/SPECIAL
PROVISIONS AND STANDARD
SPECIFICATIONS FOR SITE SECURITY,
MAINTENANCE, PROTECTION, AND
RESTORATION REQUIREMENTS
(2) EXISTING STORM DRAIN; PROTECT IN
PLACE
(3) EXISTING CONDUIT; PROTECT IN
PLACE
(4) EXISTING STANDBY GENERATOR;
PROTECT IN PLACE AND INSTAL
TEMPORARY FENCING WITH ACCESS GATE
(5) EXISTING FUEL TANK; PROTECT IN
PLACE AND INSTAL TEMPORARY FENCING
WITH ACCESS GATE
(6) ROOF ACCESS LOCATION
(7) ALLOWABLE PARKING LIMITS
(8) ALLOWABLE PAVED LOCATION FOR
DELIVERIES
(9) ACCESS FOR PROJECT SITE ONLY
PERMISSIBLE VIA HAWTHORNE BLVD;
ACCESS VIA LOCKLENNA DR REQUIRES
APPROVAL FROM CITY ON AN AS-NEEDED
BASIS
(10) EXISTING PEDESTRIAN ACCESS;
COORDINATE WITH THE CITY FOR ANY
TEMPORARY CLOSURES AND MAINTAIN SAFE
PEDESTRIAN ACCESS OTHERWISE
1
3
4
2
5
6
9
10
8
7
APPENDIX I - SITE LAYDOWN,
STAGING AND ACCESS
HESSE PARK
FACILITY AND
ROOF
B-143
\
\
6
\
\
\
\
\
\
100 ft
APPENDIX II
CONSTRUCTION AND DEMOLITION WASTE
MANAGEMENT FORMS
B-144
PW INSTRUCTIONS
1 Rev. 10/2024
*NOTE* A FACILITY INFO list showing nearby companies that accept C&D materials for recycling is included in this packet. This
list was developed to assist you in finding local facilities to use as an alternative to disposal. If you use a certified mixed C&D
processing facility, your project will meet the diversion requirements.
There are authorized haulers that do business in Rancho Palos Verdes. The HAULER LIST showing companies that are
authorized to collect solid waste in RPV is included in this packet. You must use one of these haulers if contracting for waste
removal service.
City of Rancho Palos Verdes
Public Works Department
(310) 544-5252
publicworks@rpvca.gov
Construction and Demolition Debris Waste Management Plan (WMP)
PUBLIC WORKS PROJECTS (including MUNICIPAL ROAD CONSTRUCTION,
OVERLAY, SIDEWALK REPAIR OR LAND CLEARING PROJECTS)
INSTRUCTIONS
Pursuant to the California Green Building Code of 2022 (2022 CALGreen), the City of Rancho Palos Verdes
requires diversion (repurposed, reused, or recycled) of at least 65% of non-hazardous construction and
demolition (C&D) debris from Public Works projects.
A C&D Waste Management Plan must be submitted to the Public Works Department for municipal projects or
projects on public property. The contents of this packet, when completed, constitute a C&D Debris Waste
Management Plan (WMP). This packet is designed to track the amount of C&D debris diverted or disposed
from your City-related (i.e. Public Works) project.
If you believe your project cannot achieve the required diversion, you must complete and submit Form PW-D,
the EXEMPTION REQUEST form, to the City (i.e. your Project Manager) explaining the circumstances, and
requesting an exemption from the requirements.
Step 1: Complete Forms PW-A and PW-B
Form PW-A is the PROJECT INFORMATION form. This form asks for basic project information, such as
name, type, description, location, and contractor contact information.
Form PW-B is the PRE-PROJECT WORKSHEET form. This form asks for estimated amounts of debris that
will be generated by the project.
Option 1: If you are electing to contract with hauler(s) from the Authorized Hauler list who will handle
recycling compliance on your behalf, complete Form PW-B (short form).
Option 2: If you will be handling all waste management activities (through direct hauling or use of own
bins), complete Form PW-B1. Estimate the weight of the C&D debris, by material type, that will be
recycled, reused, salvaged, disposed and/or transformed from your project.
You must complete either Form PW-B or PW-B1.
Step 2: Submit Forms to Public Works
Forms PW-A and PW-B (or PW-B1) must be submitted to your Public Works Project Manager and approved
prior to commencing work.
Step 3: Complete POST-PROJECT SUMMARY - FORM PW-C
At least 5 business days prior to contractor requesting release of final project retention, submit a completed
FORM PW-C to Public Works at publicworks@rpvca.gov.
For your convenience, there are electronic versions of the forms that will automatically calculate waste generation,
disposal, and diversion based on the data entered.
B-145
2 Rev. 10/2024
FORM PW-A
Submit this form to the Public Works Department prior to commencing your project for all
municipal projects subject to compliance, or projects on public property.
PW OFFICE USE ONLY - Approval Status
Approved Denied
Further Explanation Needed Exempt Due to Infeasibility
Reviewed by: Date:
City of Rancho Palos Verdes
Public Works Department
(310) 544-5252
publicworks@rpvca.gov
Date:
PW Project Manager:
PW Project Name:
Form PW-A - PROJECT INFORMATION
Project Name: Project Address / Location:
Contractor Name:
Mailing Address: City: State: Zip:
Ofc Phone No.: Cell No.:
Email:
Project Type: Mark appropriate box in each column with an "X":
Road (construction, overlay, repair)
Facility Improvement (renovation, alteration,
or addition)
Land Clearing (trail, grading, etc)
Other
Estimated Project Start Date: Estimated Project End Date:
Request for Exemption: (If you are requesting an exemption, please fill out Form PW-D: Exemption Request)
To the best of my knowledge, the above information is an accurate representation of the proposed project. I have been made
aware of the 2022 CALGreen requirements and will comply with all requirements.
Print Name Title Signature Date
B-146
□ □ □ □
□ □
□
□ □
FORM PW-B
Rev. 10/2024 3
C
P
p
ity of Rancho Palos Verdes
ublic Works Department
(310) 544-5252
ublicworks@rpvca.gov
Project Name:
Date:
Form PW-B (Short Form) - PRE-PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
This form must be completed and approved or a demolition/building permit will NOT be issued
Instead of completing a detailed accounting of the types and quantities of C&D debris that will be
generated from this project (FORM PW-B1), you have the option to select one of RPV's authorized
waste haulers. These haulers can handle your project's debris in such a way as to comply with
CALGreen standards.
If you elect this option, please specify which authorized hauler(s) and/or facility(ies) you will be using and
sign the acknowledgement below.
It is your responsibility to ensure that the hauler knows you are contracting for "C&D Recycling Service" so
that the material is properly handled and waste diverted. You need to obtain weight tickets from the hauler
indicating the type and weight of the material collected.
In order to comply with the requirements of this WMP, I will contract with the following hauler(s):
(Names are in alphabetic order. Place a check next to the company or companies that you will contract with for this project)
California Waste Services (CWS)
Consolidated Disposal (aka Republic/Allied Waste)
EDCO Disposal (EDCO)
Universal Waste Systems (UWS)
Waste Management - L.A. (WM)
West Coast Rolloff
I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or
all facilities which receive debris from this project and that I will submit a Post-Project Summary (FORM PW-
C) at least 5 business days prior to final inspection.
Print Name Signature Date
B-147
D
D
D
D
D
D
FORM PW-B1
Rev. 10/2024 3-B
City of Rancho Palos Verdes Project Name:
Public Works Department
(310) 544-5252
publicworks@rpvca.gov Date:
Form PW-B1 - PRE-PROJECT WORKSHEET - PUBLIC WORKS PROJECTS
[This form is to be completed only if you plan to use your own company-owned bins/trucks
for disposition of material]
This form must be completed and approved or a demolition/building permit will NOT be
issued
In the table below, list estimated weight or curbic yards of debris that will be generated, recycled, reused,
salvaged, disposed, and/or transformed by this project. You must include all recyclers, salvage companies,
recycling facilities, mixed use material recovery facilities, landfills, and/or transformation facilities that will be
used for this project.
List of Materials to be Generated from the Project:
ex: wood, metal, concrete, asphalt, drywall, cardboard, mixed C&D debris
Tons Cubic Yards Facilities to be Used
Reused/Salvaged/Donated
Ex.: Habtat for Humanity,Thrift Stores, regrind onsite,
reuse fixtures, reuse dirt/concrete/asphalt
Recycled
A facility that accepts 100% recyclable materials to be
tuned into other products
Delivered to Mixed C&D Recycling
Facility (a portion will be disposed)
Facilities that recover some materials for recycling
Disposed/Landfilled/Transformed
Tansfer station, landfill, or SERRF
Generated (total of above)
1) I or my company elect not to use an authorized hauler because I or my company own my own
containers (bins or roll-off boxes) and/or dump vehicles and will not be contracting for debris removal
services.
Initial Here
2) I understand that I or my company am responsible for obtaining copies of any and all weight tickets
from all facilities that will receive debris from this project and that I will submit a Post-Project Summary
(FORM C) at least 5 business days prior to final inspection.
Initial Here
Print Name Signature Date
B-148
~~ll~~----
~~11~~----
~~11~~----
==========I I======== ___ _
~~II~~
FORM PW-C
Rev. 10/2024 4
USE OF AUTHORIZED HAULERS OR FACILITIES
SUMMARY
PROJECT DIVERSION
PW OFFICE USE ONLY
Diversion Requirement Met: Yes No Exemption: Yes No
Reviewed and Approved by: Date:
City of Rancho Palos Verdes
Public Works Department
(310) 544-5252
publicworks@rpvca.gov
Form PW-C - POST-PROJECT SUMMARY
Project Name: Project Address:
Contractor Name: Project Manager:
Project Number: Date:
This form must be submitted to the Public Works Department at least 5 business days prior to project finalization. Provide facility name,
material, and total tonnage disposed and/or diverted. Documentation must be attached (i.e. weight tickets). If an approved mixed
waste processing facility was used, a report by the facility for this project is preferred. Return the completed form to the Public Works
Department at Publicworks@rpvca.gov. You may use additional sheets if necessary.
If you used one of the authorized haulers or facilities included in your packet, complete this section, then skip to the SIGNATURE
section below.
I used to meet the recycling requirements. Weight tickets are attached.
(List haulers and/or facilities that were used)
I. FACILITIES
Please list all facilities (i.e. landfill and/or transformation, recycling/reuse/salvage, mixed C&D debris processing, materals recovery)
used for this project and enter the sum of all tickets/receipts per facility:
FACILITY NAME
TONS
DELIVERED
TONS DIVERTED
TONS
DISPOSED
DIVERSION
RATE
1
2
3
4
Other (reused on site)
TOTALS (A) (B) (C)
Please enter disposal and diversion totals for each item below, according to letter. Totals reported must match those listed in Section
I:
TOTAL GENERATED (A) TOTAL DIVERTED (B) TOTAL DISPOSED (C)
OVERALL PROJECT DIVERSION RATE (B/A)*100
To the best of my knowledge, the above information is an accurate representation of the disposition of the construction and demolition
materials generated on the jobsite. I understand that the City of Rancho Palos Verdes may audit disposal and recycling documentation
for this project.
Print Name Signature
%
B-149
!
I
!
I
!
I
!
!
D D D D
FORM PW-D
Rev. 10/2024 5
Exemption Approved:
Reviewed By:
CITY OF RANCHO PALOS VERDES
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
FORM PW-D - EXEMPTION REQUEST
Project Name: Project Manager:
Contractor Name: Date:
If it is infeasible for you to comply with all of the requirements set forth by the Construction and Demolition Debris Recycling Form and you are
requesting an infeasibility exemption, please use the following space to explain why your project should be considered exempt from recycling
requirements.
B-150
PW OFFICE USE ONLY
'------'I Yes
Date:
FACILITY INFO
Rev. 10/2024 6
CITY OF RANCHO PALOS VERDES
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING RECYCLING AND DIVERSION FACILITIES LOCATED NEAR RANCHO PALOS VERDES FACILITY INFORMATION SHEET
Company Name, Address, City Phone Number Materials Accepted Certified Recycling
Rate
ACE DIVERSION
1530 Date St.
Montebello, CA 90640
(323) 718-0959
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing
Debris, Soil
90%
AMERICAN INDUSTRIAL SERVICES
5626 Cherry Ave.
Long Beach, CA 90805
(800) 500-3881
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing Debris,
Soil
77%
AMERICAN RECLAMATION
4560 Doran St.
Los Angeles, CA 90039
(323) 245-0125
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing
Debris, Soil
79%
CALIFORNIA WASTE SERVICES
621 West 152nd St.
Gardena, CA 90247
(800) 839-5550
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing Debris,
Soil
80%
CALIFORNIA WASTE SERVICES – Downtown Los
Angeles
621 West 152nd St.
Gardena, CA 90247
(323) 262–1604
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing
Debris, Soil
71%
CONSERVATION STATION/RENT-A-BIN
20833 Santa Clara St.
Santa Clarita, CA 91351 (661) 250-5333
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing
Debris, Soil
70%
CONSTRUCTON AND DEMOLITION RECYCLING, INC
9309 Rayo Ave.
South Gate, CA 90280 (323) 357-6900
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing
Debris, Soil
80%
CORDOVA CONSTRUCTION SERVICES
12506 Montague St.
Pacoima, CA 91331 (818) 896-0509
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing
Debris, Soil
84%
CROWN RECYCLING SERVICES
9147 De Garmo Ave.
Sun Valley, CA 91352 (800) 633-9933
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing Debris,
Soil
87%
EXPRESS DISPOSAL
2221 E Washington Blvd.
Los Angeles, CA 90021 (213) 465-7775
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing Debris,
Soil
84%
SOUTHERN CALIFORNIA DISPOSAL
1908 Frank St.
Santa Monica, CA 90404
(310) 828-6444
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing Debris,
Soil
65%
WM – EAST VALLEY DIVERSION
11616 Sheldon St.
Sun Valley, CA 91352
(818) 252-0019
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing Debris,
Soil
82%
WM AZUSA TRANSFER STATION
1501 W. Gladstone St.
Azusa, CA 91701 (800) 774-0222
All Mixed Debris -
Wood, drywall, metal, cardboard,
Inert Debris, Land Clearing Debris,
Soil
77%
These facilities are certified by the City of Los Angeles and/or County of Los Angeles to attain a minimum of 65% diversion.
* Please call facility for diversion rate. Rate is not certified by City of Rancho Palos Verdes, City of Los Angeles or County of Los Angeles. Must provide
documentation of recycling rate with submittal of Form C.
Always call the company first, as information is subject to change, and some facilities may take only a specific type of material.
The City of Rancho Palos Verdes is not liable for any errors, omissions or changes on this list, nor does it guarantee the accuracy of any information
regarding materials, services or products. These are privately-owned facilities and not affiliated with the City of Rancho Palos Verdes or the City of Los
Angeles or the County of Los Angeles. The list is not intended to be exhaustive, but has been developed to assist contractors in finding conveiently
located recycling facilities as an alternative to disposal.
B-151
RPV's LIST OF AUTHORIZED COMMERCIAL HAULERS
ROLL-OFFS, DUMPSTERS & BINS
NOTE: An Encroachment Permit is required for any dumpster or bin placed at the curb or on the public right-of-way. Call
the Dept. of Public Works at 310-544-5252 to obtain information and a Permit.
Dumpsters/bins placed on private property (on the driveway and/or yard) do not need an Encroachment Permit.
HAULER LIST
The list below is in alphabetic order. You may contact any hauler from this list. Select the best price and
service that suits your needs and deadlines.
The haulers with a green recycling symbol have confirmed that using them will result in your
compliance with CALGreen's 65% recycling requirements. When contracting for service with
them, specify "C&D Recycling Service."
CA WASTE SERVICES (CWS) CONSOLIDATED DISPOSAL
(Republic/ Allied Waste)
EDCO CORPORATION
621 W. 152nd Street
Gardena, CA 90247
(310) 538-5998, or 800-839-5550
Fax (310) 538-9040
www.californiawasteservices.com
Roll-off & Small Dumpsters/Bins
12949 Telegraph Rd
Santa Fe Springs, CA 90670
(800) 299-4898
Fax (562) 906-0251
www.republicservices.com
Roll-off & Small Dumpsters/Bins
950 E. 27th Street
Signal Hill, CA 90755
(310) 540-2977
Fax (562) 423-1971
www.edcodisposal.com
Roll-off & Small Dumpsters/Bins
UNIVERSAL WASTE SYSTEMS
(UWS) WASTE MANAGEMENT- L.A.
(WM)
WEST COAST ROLLOFF
P.O. Box 3038
Whittier, CA 90605
(800) 631-7016
Fax (562) 941-4915
www.uwscompany.com
Roll-off Only
1970 E. 213th Street
Long Beach, CA 90810
(800) 774-0222
Fax (310) 522-6570
www.wm.com
Roll-off & Small Dumpsters/Bins
3100 Puente Street
Fullerton, CA 92835
(310) 532-6732
Fax (714) 255-0154
www.westcoastwaste.com
Roll-off only
B-152
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0 0 0
0 0 0
APPENDIX III
LIMITED ASBESTOS CONTAINING
MATERIALS ASSESSMENT
B-153
Limited Asbestos Assessment
City of Rancho Palos Verdes
September 25, 2024
29301 Hawthorne Boulevard, Exterior, Roof
Project Number: Atch-243272
County of Los Angeles
City of Rancho Palos Verdes
State of California
Fred Hesse Community Center
B-154
II e
" a
Cover
ASBESTOS
Table of Contents
I. Executive Summary
1.0 Introduction
2.0 Scope of Assessment
3.0 Previous Assessment/Historical Data
4.0 Visual Inspection and Sampling/Analytical Methodology
5.0 Laboratory Accreditation and Analytical Procedures
6.0 Asbestos Identification
7.0 Building & Material Condition
8.0 Recommendations
9.0 Limitations
II. Appendices
A.Asbestos Bulk Sample Analysis
B.Floor Plan:Asbestos Bulk Sample Locations
C. Digital Photographs
D.Laboratory Reports-Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method Using
Polarized Light Microscopy and Chain of Custody
E. Inspector Certifications
This report is intended for the sole use of City of Rancho Palos Verdes. The use or re-use of this
document or the findings, conclusion or recommendations presented therein, by any other party or
parties are at the sole risk of said user.
B-155
Atch-243272 Page 1 of 5
Atch-243272
Limited Asbestos Assessment
29301 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
September 25, 2024
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attn: James O'Neill
Re: Fred Hesse Community Center
29301 Hawthorne Boulevard, Exterior, Roof
Rancho Palos Verdes, California 90275
Pursuant to your request, A-Tech Consulting, Inc. (A-Tech) has completed a Limited Asbestos
Assessment of the Exterior, Roof at Fred Hesse Community Center located at 29301 Hawthorne
Boulevard in Rancho Palos Verdes, California. The following report summarizes the findings of this
inspection. Please direct all questions for this project to A-Tech’s CSST or CAC who performed the
sampling at (800) 434-1025 or pm@atechinc.net.
1.0 INTRODUCTION
A-Tech was contacted by James O'Neill with City of Rancho Palos Verdes to confirm the presence or
absence of asbestos on the Exterior, Roof of the Fred Hesse Community Center located at 29301
Hawthorne Boulevard (subject property) in Rancho Palos Verdes, California. The assessment was
conducted by Jorge Cordova – CSST #21-6937 under the supervision of Robert Williams – CAC #96-
1980 with A-Tech on September 13, 2024. This report is not intended to be a comprehensive
assessment.
2.0 SCOPE OF ASSESSMENT
This limited asbestos assessment was performed to identify visible and/or readily accessible suspect
friable and non-friable Asbestos-Containing Building Materials (ACBMs) at a subject property. The
intent of this assessment was to satisfy all regulatory requirements for renovation and/or demolition.
Friable ACM, as defined by the U.S. Environmental Protection Agency (EPA) and South Coast Air
Quality Management District (SCAQMD), Rule 1403, is a material that, when dry, can be easily
pulverized, crushed or reduced to powder by hand pressure. Non-friable ACBM that can potentially be
broken, crumbled, pulverized or reduced to powder in the course of demolition or renovation activities
are classified as Category I or Category II, non-friable ACBM. These assessments are typically
accomplished by, and limited to, an in-depth site reconnaissance, a review of readily available building
records, and a review of readily available asbestos Operation and Maintenance (O&M) plans. In the
event that suspected or known ACBMs exist at a given site, samples of the potential ACBMs may be
collected for subsequent laboratory analysis.
This inspection was limited to representative locations in the project area that may be affected by the
renovation activities. Limited intrusive and/or non-destructive sampling was conducted as a part of the
scope of services performed. If additional suspect materials are observed by the contractor, abatement
contractor, building owner and/or its representatives, A-Tech should be notified to conduct additional
testing. Certain materials may not have been visible/accessible during the initial assessment such as
subsurface materials, live electrical equipment, materials in pipe chases, barrier paper under wood, sub-
slab membranes, materials under the building structure, in wall and ceiling cavities, etc.
This Limited Asbestos Assessment was conducted in accordance with the Scope of Services authorized
by James O'Neill with City of Rancho Palos Verdes in accordance with current regulatory guidelines.
3.0 PREVIOUS ASSESSMENT/HISTORICAL DATA
Previous limited asbestos inspections have been conducted by A-Tech Consulting, Inc. at the subject
property; however, not for the specific areas and/or materials included in this assessment. B-156
Atch-243272 Page 2 of 5
4.0 VISUAL INSPECTION AND SAMPLING/ANALYTICAL METHODOLOGY
To identify suspect friable and non-friable ACBM, as required under California law, a California
Occupational Safety Health Administration (CAL-OSHA) Certified Site Surveillance Technician
(CSST) and/or Certified Asbestos Consultant (CAC) is required to conduct visual and/or bulk
assessments of a subject property.
During this assessment, A-Tech Consulting, Inc. identified homogeneous areas of suspected ACBMs
for purpose of sampling in accordance with current CAL-OSHA/EPA (AHERA) requirements. These
areas were defined with respect to similarities in appearance, age, use, type, color, and/or texture. The
condition and estimated quantity of the suspected materials were also assessed. Based upon A-Tech’s
observations, twelve (12) homogeneous suspect asbestos containing building materials were identified.
Only pre-selected materials delineated by City of Rancho Palos Verdes were sampled during this
inspection. Please refer to Appendix A for a complete list of sampled materials.
To evaluate the presence of asbestos in these suspected ACBMs, A-Tech Consulting, Inc. obtained forty
(40) bulk samples, which appeared to represent each homogeneous area (see tables). However, some of
the samples analyzed may have multiple layers of material, which the laboratory is required to separate
and analyze independently. The total amount of samples analyzed was seventy-three (73). Regarding
multiple layered materials, if one layer tests positive for asbestos content, the entire sample is considered
positive.
Materials containing greater than one-tenth of one percent (>0.1%) asbestos by weight is considered
positive in this report and defined as asbestos containing construction material (ACCM), and anything
>1% is an asbestos containing material.
Following Asbestos Hazard Emergency Response Act (AHERA) inspection methodology, the inspector
identifies each suspect material and categorizes it into one of three established material types: surfacing,
thermal system or miscellaneous (See Attached Table: Asbestos Bulk Sample Analysis for Individual
Sample Identification). The following describes the characteristics for these three categories:
Surfacing material - means material in a building that is sprayed on, troweled on, or otherwise
applied to surfaces such as acoustical plaster on ceilings, fireproofing materials on structural
members, or other materials on surfaces for acoustical, fireproofing, or other purposes.
Thermal system insulation - means material in a building applied to pipes, fittings, boilers,
breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or
water condensation, or for other purposes.
Miscellaneous material - means interior building material on structural components, structural
members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or
thermal system insulation.
Amended water-spray wet methods were used during the collection of each friable sample, such as
suspended ceiling tiles. Whenever possible A-Tech does not conduct destructive sampling (with the
exception of vacant buildings to be demolished). For example, samples of floor tile were collected by
taking a small chip out of a corner or area that was already damaged.
After collecting each sample, the sampling equipment was cleaned with a moist towelette. Each sample
was sealed in a sample container and assigned a discrete sample identification number.
5.0 LABORATORY ACCREDITATION & ANALYTICAL PROCEDURES
The forty (40) samples obtained from the subject property were delivered to Eurofins EPK Built
Environment Testing, LLC located at 2841 Dow Avenue, Suite 300, Tustin, CA 92780 (under chain-
of-custody procedures) for analysis. This laboratory is a fully accredited laboratory by the National
Institute of Standards and Technology (NIST) through participation in the National Voluntary
Laboratory Accreditation Program (NVLAP) lab code #200757-0.
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Atch-243272 Page 3 of 5
The samples were analyzed for asbestos by PLM, using dispersion staining in accordance with U.S.
EPA Procedures outlined in 40 CFR 763, Subpart F, Appendix A (AHERA). Utilizing the PLM
600R/R-93/116 method, the result given is a semi-quantitative result (down to <1%) which reflects a
calibrated visual estimate from an analyst using both Polarized Light Microscopy and
Stereomicroscopy.
6.0 ASBESTOS IDENTIFICATION
Based upon the analytical results, asbestos is present in four (4) of the samples analyzed, which were
considered to be non-friable materials. These samples were obtained from the Parapet Wall Off-White
Caulking and Transite Parapet Wall.
Based upon the analytical results, asbestos is present in the following material:
Sample
Number Material Sample Location Asbestos Type -
Percentage
Est.
Qty.
243272-A-005C Parapet Wall Off-White
Caulking Low Pitched Roof Black Mastic
Chrysotile - 4% 25 SF
243272-A-012A Transite Parapet Wall Low Pitched Roof Gray Transite
Chrysotile - 9% 90 SF
243272-A-012B Transite Parapet Wall Low Pitched Roof Gray Transite
Chrysotile - 9% See 012A
243272-A-012C Transite Parapet Wall Low Pitched Roof Gray Transite
Chrysotile - 9% See 012A
The homogenous locations for the material containing asbestos are as follows:
Material Materials Location(s)
Parapet Wall Off-White Caulking Low Pitched Roof
Transite Parapet Wall Low Pitched Roof
7.0 BUILDING & MATERIAL CONDITION
Per our visual observation, the facility structure appears to be in good condition with no structural
damage.
The building materials identified as ACBM's are in intact condition and are considered to be non-
friable (See Appendix A. Asbestos Bulk Analysis for detailed information).
Intact ACBM: ACBM with no visible damage or deterioration in less than 1% percent of the material
and/or covering.
8.0 RECOMMENDATIONS
Due to the potential hazards of exposure, an Asbestos Management Program (AMP) should be prepared,
and implemented, to avoid incidental, and/or accidental disturbance of ACM. The AMP should set forth
operational and maintenance guidelines to minimize fiber release, which may be caused by, age, normal
wear and tear, delamination, building maintenance, repairs, renovation and other activities which may
disturb ACM.
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Atch-243272 Page 4 of 5
Prior to renovation, specifications should be properly modified to incorporate the removal of ACM. If
removal of ACBM is required in connection with demolition, renovation, or building repair, such work
should only be performed by personnel who are appropriately trained, experienced, and registered.
Intentional disturbance of ACBM should be performed in a manner such that emissions are controlled.
Control measures should include, but not be limited to, wet methods; encapsulation, removal with
HEPA-filter equipped vacuums, and appropriately labeled polyethylene bags. HVAC systems in work
areas where asbestos is to be abated should be deactivated and the register closed and temporarily
sealed. Air monitoring relating to such work should be performed by or under the direct supervision of
a California State Certified Asbestos Consultant before, during, and after the abatement work, as
required by EPA and other regulations.
California law requires a building owner to provide tenant, employee and vendor notifications within
fifteen (15) days of receipt of information identifying the presence of ACBM in their building(s) and
annually thereafter. Specific notification requirements are outlined in Assembly Bill 3713. The Division
of Occupational Safety and Health (DOSH or CAL/OSHA) must be notified a minimum of 24 hours
prior to the start of any asbestos-abatement project.
The local National Emission Standards for Hazardous Air Pollutants (NESHAP) regulatory agency as
listed below must be notified ten (10) working days prior to the start of any demolition or asbestos
abatement projects which exceed 100 square feet or 120 linear feet of asbestos-containing material. This
project is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD), Rule
1403.
There are potential liabilities associated with the presence, and removal of ACM. Precautionary
measures, as outlined herein, should be taken in accordance with the guidelines set forth by the EPA,
the Occupational Safety and Health Administration (OSHA) and other regulatory agencies.
If any further suspect asbestos containing materials are discovered and are to be impacted as part
of the renovation activities, they must be sampled for asbestos content prior to being impacted.
9.0 LIMITATIONS
The conclusions presented in this report are professional opinions based solely upon visual observations
at the site and laboratory analysis of the tested samples. They are intended exclusively for the purpose
outlined herein, and for the site location and project indicated.
This assessment report is not specifications for asbestos abatement and it should not be used as a stand-
alone asbestos abatement bid document. Recognizing that even the most comprehensive assessment
may fail to detect ACBM at a particular site, this study was not intended to identify all potential ACBM
present in the building or at the site for such reasons as the possible existence of buried, covered and
inaccessible areas and features. A-Tech does not warrant that all sub-surface, wall cavity or other
inaccessible materials were tested. A-Tech did not test any live electrical components or disassemble
operational building equipment such as fans or HVAC components. These components may contain
untested suspect ACBM’s. If any suspect ACBMs not tested herein are discovered, they must be tested
prior to impact.
Samples were collected from materials of similar appearance, age, use, type, color and/or texture.
However, this does not guarantee that they are of the same composition. No guarantee is expressed or
implied that all ACBM has been identified. Asbestos quantities are estimates only (see Asbestos
Tables-Est. Qty.) Exact quantities should be verified by the abatement contractor prior to
removal.
A-Tech assumes no responsibility for the identification of suspect asbestos containing materials, which
are not included in this assessment, concealed and/or inaccessible (i.e. locked rooms, under carpet, etc.)
However, A-Tech makes every attempt possible to inspect all designated areas for asbestos containing
materials (i.e. check under carpeting, inspect attic, crawl space, etc.).
Services performed by A-Tech were conducted in a manner above the care and skill ordinarily and
currently exercised by members of the same profession that even the most comprehensive scope of
services might fail to detect environmental liabilities on a particular site. Therefore, A-Tech cannot act
as insurers and cannot “certify” that a site is free of environmental contamination.
B-159
Atch-243272 Page 5 of 5
No expressed or implied representation or warranty is included or intended in our reports, except that
our services were performed, within the limits prescribed by the Scope of Services, with the customary
thoroughness and competence of our profession.
This report is intended for the sole use of the contracted Client and its authorized representatives. The
exchange of information was unique between A-Tech and the client regarding the mutually agreed upon
scope of service. Unless explicitly authorized in this report, no third party is beneficiary to the contract
or findings of this report. The unauthorized use or reliance of this document or the findings, conclusion
or recommendations presented herein, by any other party or parties is at the sole risk of any such third
party. For the same reasons, no warranties or representations, expressed or implied in this report, are
provided to any such third party.
Information and opinions presented herein apply to the existing and reasonable foreseeable site
conditions at the time of our investigation. They cannot necessarily apply to site changes of which this
office is unaware and have not had the opportunity to review. Changes in the conditions of this property
may occur with time due to natural processes or works of man on the subject property or on adjacent
properties. Changes in applicable standards may also occur as a result of legislation or the broadening
of knowledge. Accordingly, the findings of this report may be invalidated, wholly or in part by changes
beyond our control.
A-Tech trusts that the information presented herein provides the data you require. Should you have any
questions or comments please contact A-Tech Consulting, Inc. at (800) 434-1025.
Respectfully submitted,
A-Tech Consulting, Inc.
Robert L. Williams, DPH, CAC, CIEC
Certified Asbestos Consultant #96-1980
B-160
Appendix A
Asbestos Bulk Table Analysis
B-161
-A-Tech Consulting, Inc.
A-Tech Project Number: 243272
1640 North Batavia Street, Orange, CA 92867-3509
Phone (714) 434-6360 Fax (714) 221-6360
Web Address: www.atechinc.netPage 1 of 4
Asbestos Bulk Analysis
Location: Fred Hesse Community Center, 29301 Hawthorne Boulevard Client Name: City of Rancho Palos Verdes
Area:Exterior, Roof
Sample
Number Material Sample Location Pos/Neg Asbestos Type -
Percentage Classification Friability Cond.Access.Est.
Qty.
243272-A-001A Rolled Rock Roof Core High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-001B Rolled Rock Roof Core High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-001C Rolled Rock Roof Core Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-001D Rolled Rock Roof Core Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-001E Rolled Rock Roof Core Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-001F Rolled Rock Roof Core Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-001G Rolled Rock Roof Core Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-002A Multi-Colored Flashing Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-002B Multi-Colored Flashing Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-002C Multi-Colored Flashing Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-003A White/Beige Roof Patch High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
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I I I I I I I
A-Tech Project Number: 243272
Client Reference Number:
1640 North Batavia Street, Orange, CA 92867-3509
Phone (714) 434-6360 Fax (714) 221-6360
Web Address: www.atechinc.netPage 2 of 4
Sample
Number Material Sample Location Pos/Neg Asbestos Type -
Percentage Classification Friability Cond.Access.Est.
Qty.
243272-A-003B White/Beige Roof Patch High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-003C White/Beige Roof Patch High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-004A Black Roof Patch High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-004B Black Roof Patch Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-004C Black Roof Patch Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-005A Parapet Wall Off-White
Caulking Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-005B Parapet Wall Off-White
Caulking Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-005C Parapet Wall Off-White
Caulking Low Pitched Roof Positive Black Mastic
Chrysotile - 4%Misc.Non-
Friable Intact Low 25 SF
243272-A-006A Black Roof Mastic High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-006B Black Roof Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-006C Black Roof Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-007A Black Roof Penetration Mastic High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-007B Black Roof Penetration Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
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I I I I I I I
I I I I I I I
I I I I I I I
A-Tech Project Number: 243272
Client Reference Number:
1640 North Batavia Street, Orange, CA 92867-3509
Phone (714) 434-6360 Fax (714) 221-6360
Web Address: www.atechinc.netPage 3 of 4
Sample
Number Material Sample Location Pos/Neg Asbestos Type -
Percentage Classification Friability Cond.Access.Est.
Qty.
243272-A-007C Black Roof Penetration Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-008A Skylight Caulking Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-008B Skylight Caulking Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-008C Skylight Caulking Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-009A Skylight Caulking High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-009B Skylight Caulking High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-009C Skylight Caulking High Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-010A White HVAC Sealant Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-010B White HVAC Sealant Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-010C White HVAC Sealant Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-011A White HVAC Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-011B White HVAC Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
243272-A-011C White HVAC Mastic Low Pitched Roof Negative None Detected N/A N/A N/A N/A N/A
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f f f f f f f
I I I I I I I
I I I I I I I
A-Tech Project Number: 243272
Client Reference Number:
1640 North Batavia Street, Orange, CA 92867-3509
Phone (714) 434-6360 Fax (714) 221-6360
Web Address: www.atechinc.netPage 4 of 4
Sample
Number Material Sample Location Pos/Neg Asbestos Type -
Percentage Classification Friability Cond.Access.Est.
Qty.
243272-A-012A Transite Parapet Wall Low Pitched Roof Positive Gray Transite
Chrysotile - 9%Misc.Non-
Friable Intact Low 90 SF
243272-A-012B Transite Parapet Wall Low Pitched Roof Positive Gray Transite
Chrysotile - 9%Misc.Non-
Friable Intact Low See 012A
243272-A-012C Transite Parapet Wall Low Pitched Roof Positive Gray Transite
Chrysotile - 9%Misc.Non-
Friable Intact Low See 012A
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I I I I I I I
Appendix B
Floor Plan: Asbestos Bulk Sample
Locations
B-166
8 A-Tech Consulting, Inc.
Fred Hesse Community Center
29301 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Exterior, Roof
Not to Scale
N
High
Pitched
Low
Pitched
Low
Pitched
Low
Pitched
LEGEND:
A = Positive Asbestos Sample Locations
A = Negative Asbestos Sample Locations
A-01A A-01B
A-01C
A-01D
A-01EA-01F A-01G
A-02A
A-02B
A-02C
A-03A
A-03B
A-03C
A-04A
A-04B
A-04C
A-05A A-05B
A-06A
A-06B
A-06C
A-07A
A-07B
A-07C
A-08A
A-08B
A-08C
A-09A A-09B
A-09C
A-10A
A-10B
A-10C
A-11A
A-11B
A-11C
A-05CA-12A A-12B A-12C
City of Rancho Palos
VerdesProject #: Atch-243272
Floor Plan - Asbestos - Page 1 of 1
B-167
C=:J
C=:J
C=:J C=:J
C=:J C=:J
C=:J C=:J
C=:J C=:J C=:J
C=:J C=:J
• A-Tech Consulting, Inc.
C=:J
C=:J
C=:J
Appendix C
Digital Photographs
B-168
-A-Tech Consulting, Inc.
Digital Photographs - Asbestos
Locations: Fred Hesse Community Center, 29301 Hawthorne Boulevard Client Name: City of Rancho Palos Verdes
Area: Exterior, Roof
View of Parapet Wall Off-White Caulking View of Transite Parapet Wall
A-Tech Project Number: 243272
Digital Photographs
1640 North Batavia Street, Orange, CA 92867-3509
Phone (714) 434-6360 Fax (714) 221-6360
Web Address: www.atechinc.netPage 1 of 1 B-169
e A-Tech Consulting, Inc.
Appendix D
Laboratory Reports-Asbestos Analysis
of Bulk Materials via EPA 600/R-93/116
Method Using Polarized Light
Microscopy and Chain of Custody
B-170
e A-Tech Consulting, Inc.
Approved by:
Approved Signatory
Danny Li
Report for:
Mr. Robert Williams
A-Tech Consulting, Inc
1640 N. Batavia Street
Orange, CA 92867
Regarding:
Eurofins EPK Built Environment Testing, LLC
Project: 243272-City of Rancho Palos Verdes Fred Hesse Community Ctr; 29301 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275
EML ID: 3781229
All samples were received in acceptable condition unless noted in the Report Comments portion in the body of the report. The results relate only to
the samples as received and tested. The results include an inherent uncertainty of measurement associated with estimating percentages by
polarized light microscopy. Measurement uncertainty data for sample results with >1% asbestos concentration can be provided when requested.
Eurofins EPK Built Environment Testing, LLC ("the Company"), a member of the Eurofins Built Environment Testing group of companies, shall
have no liability to the client or the client's customer with respect to decisions or recommendations made, actions taken or courses of conduct
implemented by either the client or the client's customer as a result of or based upon the Test Results. In no event shall the Company be liable to
the client with respect to the Test Results except for the Company's own willful misconduct or gross negligence nor shall the Company be liable for
incidental or consequential damages or lost profits or revenues to the fullest extent such liability may be disclaimed by law, even if the Company
has been advised of the possibility of such damages, lost profits or lost revenues. In no event shall the Company's liability with respect to the Test
Results exceed the amount paid to the Company by the client therefor.
Dates of Analysis:
Asbestos PLM: 09-18-2024
Service SOPs: Asbestos PLM (EPA 40CFR App E to Sub E of Part 763 & EPA METHOD 600/R-93-116, SOP EM-AS-S-1267)
NVLAP Lab Code 200757-0
EMLab ID: 3781229, Page 1 of 14Eurofins EPK Built Environment Testing, LLC
B-171
=:; eurofins I
Built Environment Testing
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
Summary of Samples with Asbestos Detected
Total Samples Submitted:40
Total Samples Analyzed:40
Total Layers Analyzed:73
Total Samples with Layer Asbestos Content > 1%:4
243272-A-005C, Roof, Low Pitched Roof, Parapet Wall Off-White Caulking
Black Mastic
243272-A-012A, Roof, Low Pitched Roof, Transite Parapet Wall
Gray Transite
243272-A-012B, Roof, Low Pitched Roof, Transite Parapet Wall
Gray Transite
243272-A-012C, Roof, Low Pitched Roof, Transite Parapet Wall
Gray Transite
Total Samples with Layer Asbestos Content < 1%:0
EMLab ID: 3781229, Page 2 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
B-172
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-001A, Roof, High Pitched Roof, Rolled Rock Roof Core Lab ID-Version‡: 18642675-1
Sample Layers Asbestos Content
Gray Roofing Material ND
Black Roofing Shingle with Pebbles ND
Black Roofing Tar and Felt 1 ND
Black Roofing Tar and Felt 2 ND
Composite Non-Asbestos Content: 5% Cellulose
5% Synthetic Fibers
Sample Composite Homogeneity: Moderate
Location: 243272-A-001B, Roof, High Pitched Roof, Rolled Rock Roof Core Lab ID-Version‡: 18642676-1
Sample Layers Asbestos Content
Black Roofing Shingle with Pebbles ND
Black Roofing Tar and Felt 1 ND
Black Roofing Tar and Felt 2 ND
Composite Non-Asbestos Content: 5% Cellulose
5% Synthetic Fibers
Sample Composite Homogeneity: Moderate
Location: 243272-A-001C, Roof, Low Pitched Roof, Rolled Rock Roof Core Lab ID-Version‡: 18642677-1
Sample Layers Asbestos Content
Black Roofing Tar and Felt 1 ND
Black Roofing Tar and Felt 2 ND
Black Roofing Tar and Felt 3 ND
Composite Non-Asbestos Content: 5% Cellulose
5% Synthetic Fibers
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 3 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-173
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-001D, Roof, Low Pitched Roof, Rolled Rock Roof Core Lab ID-Version‡: 18642678-1
Sample Layers Asbestos Content
Black Roofing Shingle with Pebbles ND
Black Roofing Tar and Felt 1 ND
Black Roofing Tar and Felt 2 ND
Black Roofing Tar and Felt 3 ND
Tan Roofing Material ND
Composite Non-Asbestos Content: 5% Cellulose
5% Synthetic Fibers
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 4 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-174
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-001E, Roof, Low Pitched Roof, Rolled Rock Roof Core Lab ID-Version‡: 18642679-1
Sample Layers Asbestos Content
Black Roofing Shingle with Pebbles ND
Black Roofing Tar and Felt 1 ND
Black Roofing Tar and Felt 2 ND
Black Roofing Tar and Felt 3 ND
Black Roofing Tar and Felt 4 ND
Composite Non-Asbestos Content: 5% Cellulose
5% Glass Fibers
5% Synthetic Fibers
Sample Composite Homogeneity: Moderate
Location: 243272-A-001F, Roof, Low Pitched Roof, Rolled Rock Roof Core Lab ID-Version‡: 18642680-1
Sample Layers Asbestos Content
Black Roofing Shingle with Pebbles ND
Black Roofing Tar and Felt 1 ND
Black Roofing Tar and Felt 2 ND
Black Roofing Tar and Felt 3 ND
Composite Non-Asbestos Content: 10% Glass Fibers
5% Cellulose
Sample Composite Homogeneity: Moderate
Location: 243272-A-001G, Roof, Low Pitched Roof, Rolled Rock Roof Core Lab ID-Version‡: 18642681-1
Sample Layers Asbestos Content
Black Roofing Shingle with Pebbles ND
Black Roofing Tar and Felt 1 ND
Black Roofing Tar and Felt 2 ND
Black Roofing Tar and Felt 3 ND
Black Roofing Tar and Felt 4 ND
Black Roofing Tar and Felt 5 ND
Composite Non-Asbestos Content: 10% Glass Fibers
5% Cellulose
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 5 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-175
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-002A, Roof, Low Pitched Roof, Multi-Colored Flashing Mastic Lab ID-Version‡: 18642682-1
Sample Layers Asbestos Content
White Roof Flashing Mastic ND
Off-White Roof Flashing Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 6 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-176
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-002B, Roof, Low Pitched Roof, Multi-Colored Flashing Mastic Lab ID-Version‡: 18642683-1
Sample Layers Asbestos Content
White Roof Flashing Mastic ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-002C, Roof, Low Pitched Roof, Multi-Colored Flashing Mastic Lab ID-Version‡: 18642684-1
Sample Layers Asbestos Content
White Roof Flashing Mastic ND
Off-White Roof Flashing Mastic ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-003A, Roof, High Pitched Roof, White/Beige Roof Patch Lab ID-Version‡: 18642685-1
Sample Layers Asbestos Content
Black Roofing Material ND
White Roofing Material ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-003B, Roof, High Pitched Roof, White/Beige Roof Patch Lab ID-Version‡: 18642686-1
Sample Layers Asbestos Content
Black Roofing Material ND
White Roofing Material ND
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 7 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-177
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-003C, Roof, High Pitched Roof, White/Beige Roof Patch Lab ID-Version‡: 18642687-1
Sample Layers Asbestos Content
Black Roofing Material ND
White Roofing Material ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-004A, Roof, High Pitched Roof, Black Roof Patch Lab ID-Version‡: 18642688-1
Sample Layers Asbestos Content
Black Roofing Material ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-004B, Roof, Low Pitched Roof, Black Roof Patch Lab ID-Version‡: 18642689-1
Sample Layers Asbestos Content
Black Roofing Material ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-004C, Roof, Low Pitched Roof, Black Roof Patch Lab ID-Version‡: 18642690-1
Sample Layers Asbestos Content
Black Roofing Material ND
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 8 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-178
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-005A, Roof, Low Pitched Roof, Parapet Wall Off-White Caulking Lab ID-Version‡: 18642691-1
Sample Layers Asbestos Content
White Caulk ND
Sample Composite Homogeneity: Good
Location: 243272-A-005B, Roof, Low Pitched Roof, Parapet Wall Off-White Caulking Lab ID-Version‡: 18642692-1
Sample Layers Asbestos Content
White Caulk ND
Sample Composite Homogeneity: Good
Location: 243272-A-005C, Roof, Low Pitched Roof, Parapet Wall Off-White Caulking Lab ID-Version‡: 18642693-1
Sample Layers Asbestos Content
Off-White Caulk ND
Black Mastic 4% Chrysotile
Sample Composite Homogeneity: Good
Location: 243272-A-006A, Roof, High Pitched Roof, Black Roof Mastic Lab ID-Version‡: 18642694-1
Sample Layers Asbestos Content
Black Roofing Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 9 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-179
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-006B, Roof, Low Pitched Roof, Black Roof Mastic Lab ID-Version‡: 18642695-1
Sample Layers Asbestos Content
Black Roofing Mastic ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-006C, Roof, Low Pitched Roof, Black Roof Mastic Lab ID-Version‡: 18642696-1
Sample Layers Asbestos Content
Black Roofing Mastic ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-007A, Roof, High Pitched Roof, Black Roof Penetration Mastic Lab ID-Version‡: 18642697-1
Sample Layers Asbestos Content
Black Roofing Mastic ND
Composite Non-Asbestos Content: 5% Cellulose
Sample Composite Homogeneity: Moderate
Location: 243272-A-007B, Roof, Low Pitched Roof, Black Roof Penetration Mastic Lab ID-Version‡: 18642698-1
Sample Layers Asbestos Content
Black Roofing Mastic ND
Composite Non-Asbestos Content: 5% Cellulose
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 10 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-180
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-007C, Roof, Low Pitched Roof, Black Roof Penetration Mastic Lab ID-Version‡: 18642699-1
Sample Layers Asbestos Content
Black Roofing Mastic ND
Composite Non-Asbestos Content: 5% Cellulose
Sample Composite Homogeneity: Moderate
Location: 243272-A-008A, Roof, Low Pitched Roof, Skylight Caulking Lab ID-Version‡: 18642700-1
Sample Layers Asbestos Content
White Caulk ND
Sample Composite Homogeneity: Good
Location: 243272-A-008B, Roof, Low Pitched Roof, Skylight Caulking Lab ID-Version‡: 18642701-1
Sample Layers Asbestos Content
White Caulk ND
Sample Composite Homogeneity: Good
Location: 243272-A-008C, Roof, Low Pitched Roof, Skylight Caulking Lab ID-Version‡: 18642702-1
Sample Layers Asbestos Content
White Caulk ND
Sample Composite Homogeneity: Good
EMLab ID: 3781229, Page 11 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-181
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-009A, Roof, High Pitched Roof, Skylight Caulking Lab ID-Version‡: 18642703-1
Sample Layers Asbestos Content
White Caulk ND
Sample Composite Homogeneity: Good
Location: 243272-A-009B, Roof, High Pitched Roof, Skylight Caulking Lab ID-Version‡: 18642704-1
Sample Layers Asbestos Content
White Caulk ND
Sample Composite Homogeneity: Good
Location: 243272-A-009C, Roof, High Pitched Roof, Skylight Caulking Lab ID-Version‡: 18642705-1
Sample Layers Asbestos Content
White Caulk ND
Silver Non-Fibrous Material ND
Sample Composite Homogeneity: Good
Location: 243272-A-010A, Roof, Low Pitched Roof, White HVAC Sealant Lab ID-Version‡: 18642706-1
Sample Layers Asbestos Content
White Sealant ND
Sample Composite Homogeneity: Good
EMLab ID: 3781229, Page 12 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-182
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-010B, Roof, Low Pitched Roof, White HVAC Sealant Lab ID-Version‡: 18642707-1
Sample Layers Asbestos Content
White Sealant ND
Sample Composite Homogeneity: Good
Location: 243272-A-010C, Roof, Low Pitched Roof, White HVAC Sealant Lab ID-Version‡: 18642708-1
Sample Layers Asbestos Content
White Sealant ND
Sample Composite Homogeneity: Good
Location: 243272-A-011A, Roof, Low Pitched Roof, White HVAC Mastic Lab ID-Version‡: 18642709-1
Sample Layers Asbestos Content
White Mastic ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-011B, Roof, Low Pitched Roof, White HVAC Mastic Lab ID-Version‡: 18642710-1
Sample Layers Asbestos Content
White Mastic ND
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 13 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-183
Eurofins EPK Built Environment Testing, LLC
2841 Dow Avenue, Suite 300, Tustin, CA 92780
(833) 465-5857 www.eurofinsus.com/BuiltClient: A-Tech Consulting, Inc
C/O: Mr. Robert Williams
Re: 243272-City of Rancho Palos Verdes Fred Hesse
Community Ctr; 29301 Hawthorne Boulevard,
Rancho Palos Verdes, CA 90275
Date of Submittal: 09-13-2024
Date of Receipt: 09-13-2024
Date of Report: 09-18-2024
ASBESTOS PLM REPORT
Location: 243272-A-011C, Roof, Low Pitched Roof, White HVAC Mastic Lab ID-Version‡: 18642711-1
Sample Layers Asbestos Content
White Mastic ND
Sample Composite Homogeneity: Moderate
Location: 243272-A-012A, Roof, Low Pitched Roof, Transite Parapet Wall Lab ID-Version‡: 18642712-1
Sample Layers Asbestos Content
White Non-Fibrous Material ND
Gray Transite 9% Chrysotile
Sample Composite Homogeneity: Moderate
Location: 243272-A-012B, Roof, Low Pitched Roof, Transite Parapet Wall Lab ID-Version‡: 18642713-1
Sample Layers Asbestos Content
White Non-Fibrous Material ND
Gray Transite 9% Chrysotile
Sample Composite Homogeneity: Moderate
Location: 243272-A-012C, Roof, Low Pitched Roof, Transite Parapet Wall Lab ID-Version‡: 18642714-1
Sample Layers Asbestos Content
White Non-Fibrous Material ND
Gray Transite 9% Chrysotile
Sample Composite Homogeneity: Moderate
EMLab ID: 3781229, Page 14 of 14Eurofins EPK Built Environment Testing, LLC
The test report shall not be reproduced except in full, without written approval of the laboratory. The report must not be used by the client to
claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the federal government. The Company reserves the
right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified.
All components not quantified as asbestos content and non-asbestos content are considered to be non-fibrous matrix components. Matrix
components may include, but are not limited to, gypsum, paint, silicate minerals, vinyl, binder, calcium carbonate, tar, and foam.
Inhomogeneous samples are separated into homogeneous subsamples and analyzed individually. ND means no fibers were detected. When
detected, the minimum detection and reporting limit is less than 1% unless point counting is performed. Floor tile samples may contain large
amounts of interference material and it is recommended that the sample be analyzed by gravimetric point count analysis to lower the detection
limit and to aid in asbestos identification.
‡ A "Version" indicated by -"x" after the Lab ID# with a value greater than 1 indicates a sample with amended data. The revision number is
reflected by the value of "x".
B-184
B-185
• A-Tech Cons ulting, Inc.
.\.Tech ProjecL ~umber: 24f 7 2
Client Reference ~um r:
An•lis is: Pl:\1-llull EPA 600 R-93 I 16
Turn Around Time: 7 .2 Hour
PLM l!LLK SA.\1PLE CHAI'\ OF Cl:STOU\
Phone '\umber: (714) 434-6360
F•, '\umber: (7 14) 21 1-6360
Attn: Robl:rt Williams
Results: Email to Jabsf4atechinc.net
Proje-ct ~umber and :'\amc: S•mpled I!):
~-4.l272 -City of Rancho Pa]os Verde-. r'red Hesse Community Center Jorge Cordova
Pr oj ect \dd ress: Ci(): State:
29301 Ha"1home Boule vard Rancho P:Jlos Vcrde-si CA
~ou•,:
Sample ID S::.mp)e Location \hle rial friabilir,
243272-A -OOIA Roof. High l'i1che<l Roof Rolled Rock Roof Core Non-t-nahle
:!-U2...,::!-A-001B Roof. lligh Pi1chcd Roof Rolled Rock Roof Core Non-Friable
2432"2-A.{)() IC Roof. Lo"' Pitched Roof Rolled Rock Roof Core \/on-fnable
243271-A -001 n Roof. Low l'uch«J Roof Roll«! Rock Roof Core Non -FriablC'
243272-A-00 1 F Roof. Low Puched Roof Rolled Rock Roof Core Non-Friable
H3c71-A-OOI r Roof. Low P11chcd Roof Rolled Rock Roof Core '\on-Fnablc
2•H 2i2-A-00JG Root: Low P itched Roof Rolled Rock Roof Core Non•fnabJe
2432 72-.·\-002.-\ Roof. Lo"w Pitched Roof Muhl -Colored fla~hi ng Mastic Non-1-nable
1-13171 -A..1)028 Roof. l--0w Pnched Roof \iulti-Colorc:cl Flas.hmg Ma.,tic Noo-Friablc
243272-A-002(' Roof. Low Pi1chc"<I Roof \1uhi-Colored Fla~hing Mas:uc Non-fnable
24.1272 -A-003A Roof. High Pitched Roof \\llitcBcige Roof Patch '-:on-Friable
243272-A-OOJR Roof. High Pi1chcd Roof \\'bite· Btige Roof Pa tch '.Joo-rriablc
243271-A -OOK Roof. High l'uch«I Roof \\'hitc 'Beige Roof Patch Non-1-nahle
Client Samp le Number: 24 3272-A-00IA 10 243 272 -A-01 2("
Relin uished By: Jo r ge CordoYa Date: 9 I 3 2024
Samples Received B}:
I
Date: _ Cf
Rel in uished B}: Date:
Samples Received By: Date:
Zip: I
<)()PS
I
Condition [~l. Quant~()
Intact 8.400 St-
Intact Se., 001 ,',
rntact s« oorAj
Int.act See 001 "'i
Jnta.CL See OOJA!
lntacl See 001.~
lnt~Ct Sec OO IA,
lnt.'lC"t 15 Sf
Intact See002A
Jmacl Sec 002.\
Intact !OSI'
Intact See 003A 1
Intact SccOOJA
Total: JO
Time: 2:03 P M
Time:
Time: , I
Time:
Cham of\u-.tody Page I of3
1640 ~ortl1 Bacnia Strm. Orange. CA 92867-35
Phone· (714) 434 -6360 F,-(714) 22 1-61 0
\\eb Addn:,v ~ "'" _aledum.:.
B-186
• A-Tech Consulting, Inc. l~lill~lllll1llll~J1tlll1l l1 II ~
003781229
A-T,•ch Project '\umber: 24}72
Clien t Reference-Numhcr:
PL\I BULK SA.\IPI,[ CHAI'.\/ or cus fOD Y
2·H2"1-A-004A Roof. H12h Pitched Roof B lack Roof Patch !'.\on -Friable lntac1 40 Sf'
243272-A-00413 Roof. Low P11ched Roof Black Roof Patch Non-Fri>blc Jnt.ac:l See004A
143172-A-004C Roof. Low P11ched Roof Black Roof Patch Non -Friable Intact See 004,~
243272-A-005A Roof, low Pitched Roof Parape1 \\'all Off-White Caulkmg Non-Friable I ntact 2, Sf'
243c71-A-0051l R0<)f, Lo" Pitched Roof Par::ipet \Vall Off-\\'hitc Caulking Non-Fnabh; Jnt.acl See 005i
243272-A-OOSC Roof. Low 1'11ched Roof Pampcl \\'all Off-While Caulking l\on -rriabk Intact S.:e OOS,
2 ➔3:!72-A-()()6A Roo~ H 1gh Pitched Roof Black Roof Ma,tic \fon-Fnable Intact 40SI"
2-13r~-A -006B Roof. low P1tched Roof nlack Roof Ma.,1ic Non-friable Intact Scc006A
2431"2-.\-006C Roof. Low Pitched Roof 131.tck Roof Ma:-.tic Non-J,,riable Intact Scc006A
243272-A-007A Roof. High Pitchc-d Roof Black Roof Penc:tration ~1as1ic Non-Friable Intact 1s sr
243172 -A-007B Roof. l.o"' Pitched Roof Blad Roof Penetration \,fasric Non-fnable lntac-t Sec oo-AI
143272-A-OOK Roof. Low P11chcd Roof Rlack Roof Penetration .Mastic l\on-friablc fntac1 See 007A
143T1-A-008A Rool; Low P11ched Roof Skylight Caulking Non-friable lm.ac1 8 SF
243171-A-OOSB Roof, I .ow P11ched Roof Skylight Caulking '\Jon•triahlc JntaCl See OORA
243272-,\-00SC Roof. Lo" Pitched Roof Skylight Caulking Non -Friable Intact Sec 008,\
14.l172-.. -009A Roof. High Pitched Roof Skylight Caulking ~on-Friable Intact 40 St
143272-A-0090 Roof. High Pitchc:<I Roof Skyhf!hl Caulking Non-Friuhle Jntacl See009A
2-431'71 -A-009C Roor, lligh Pitched Koof Skylight Caul king '-.on•Fnabl~ Intact Sce009A
24321 2-A-OIOA Roof. Lo" Pitched Roof \\'bite HVAC Scolant Non-l'nablc lntac1 4 SF
2432!2-A-0l0B Roof. Lo" Pitched Roof White H\'.-\C Sealant Non-Fnahl< lntact Sc,,OIOA
2.nr2-A-O I oc Roof. Lo\\ Pitched Roof \\h11e 11\'AC Sealant Non -Friable lnt.1c1 Sec 010,\
243272-A-01 IA Roof. lo" Pitched Roof White IIVAC' ~13..Stic Non -fnablc Intact IOSt
143272-A-01 IR Roof. LO\\ Pitched Roof \\'hue H\"AC ~fastic Non -Fnable Intact Sec 01 L\
243272-,\-011 C Root: Low Pitched Roof White HVAC ~fastic Non -Fnable lnt.1.ct Sec 01 I.\ I
Client Sampl e .'lumber: 243272-A-00IA to 2-13272-A-0l2C I
Total: 40
Relin uished Bv: Jorge Cordova
Sam lcs Rec eived By:
Relinquished By:
Sam le s Received lh:
Chain ofCus.tod} Page 2 of)
Date: 9 13 2024 Time: 2:03 P M
Date: , 11 S /2 ti Time:
/
Date: Time:
Date: Time:
1640 l\orth Batavia Strec:L. Orange. CA 92~07-35
Phone: (714) 4 .l4-6l60 fa, (714) 221 -63
\\ eb Addre~,: WW\\ 3.h::dum:.n 1
B-187
• A-Tech Cons ul ti ng , Inc. 1
1
11 1ll1lllll !lllll\Wll 1 l!ffi
1
l
0 0378 1 229
A-Tech Proj ec1 :-iumber : 24b,2
Clien1 R eference 'Xum ,er:
PL.\! Ol:LK SA.\lPLE CHAl:S Of CLSTOD\
243 1 ..,2 -A-0 12A Roof, Lo" Pnched Roof
243272-,\-0 12B Roof. Low Pi1chcd Roof
24J272-A-012C Roof, Low P11chcd Roof
Client Sample Nu m ber: 243272-A-00 I A to 243272-A-0 12('
Rclin uishcd By: Jor e C o rdo,·a
Sam Jes Received By: ,, ,,,
Relinquished By:
Sam Jes Received Bv:
Cham of Cusmd) Page J of 3
Tr,ns11e Parapc, Wall Non-friable Intact 90SF j
Transue Parapet Wall Non -Friable Intttcc See 012A
Transue Parape1 Wall Non-rnable Intact Se., 012A
Total:
Date: 9 13 2024 Time: 2:0 3 PM
Oate:
Date:
,., o/?h Time: /' ..,.,,
I I Time:
Time:
1640 '-onb Bara, ia Street. Orange, CA 9 2867-JS0
Phone: (7 14) 434-6360 Fax (71 4 ) 22 1-636
\\.eb Address: \H\" . .ttt~rhinc.n
I
Appendix E
Inspector Certifications
B-188
-A-Tech Consulting, Inc.
B-189
Division
Ce rt ifiE LEAD -RELATED CONSTRUCTION CER1
INDIVIDUAL: CERTIFICATE TYPE: UMB ER:
Lead Samp ling Technician LRC-00008377
ASBESTOS BUILDING INSPECTOR REFRESHER COURSE ASBESTOS CONTRACTOR SUPERVISOR REFRESHER COURSE
DOSH #: CA-1 3 1-06 DOSH #: CA -13 1-04
Heriberto Romero
Pri nci ple Instru ctor
Course Start Date: A11ei1st 04 2024
Course End Date: August 04 2024
-11,.-/7~
RobertL WilLiamsSr.
Training Director
Cert Nu mber: AAIB0B0424-ATCH-023
Cert Expiration Date: Augus t 04 20 25
This course satisfies the education requirements for Asbestos accreditation under the ToKiC Su bstances Control Act. fitte II. Thi s course has
been approved by the Department of Industrial Relations, Division of Occupational Safety and Health of the State of California.
Heri berto Romero
Pri nciple Instru ctor
Robert L Williams Sr.
Trai ning Director
Course Start Date: August 3 2024
Course End Date: August 3 2024
Cert Number: ACS8080324 -ATCH -0 23
Cert Expiration Date: August 3 2025
Th is course sat isfies the education requirements !or Asbestos accreditation under the Toxic Substances Cootrol Act. Title II. This course has
been approved by the Department of Industrial Relations. Division of Occupational Safety and Health of the State of Ca lifornia
. be · o T rninmg Program
Jorg e ordova
99 7 ]
Has llll<X:"'3fillly complcttd ~O boo~
uJ (a,'qlJI] tralnii>!; "'LliUl'lJ
NJO 5 2
EquivaJenc.
J'-11cdDi
En\iiroom~11t · • mpli~nce rr.nnin
PO BOX I li5-SS
'l,un l11 egQ, ('A_ 2J 71'1
Dir l{lr-. ___ \..,JE'.8 .. :l-\8 .. l ' ... ·5-Sc:::::::. 7==,l=-1;5"--='---
W. lkr f Am t'nl11.'t'l1~
C~s Dat11!1: i i '0 ,.(J -'I ►~II -I I I 02 1
Ex pira tion IJ:i:t~: NIA
1.:eitl ti c3 uo n µm bc.c: 0821 5821:-04
B-190
---=-----. - -·---11
. . . State of California
D1v1s1on o~ ?ccupational Safety and Health
Cert1f1ed Asbestos Consultant -RELATED CONSTRUCTION CERTI
Certification No
·-g6;t930-CERTIFICATE TYPE : UMBER :
Expires on
Th . . -07/1-S,2•---
rs certiffcation was issued b
Occupations/ Safety ane1 H"e Y Iha D1vis~n of
by Sections 7 l SO et a1th as ~uthonzed
Professions Code. seq, of the Business and
Lead Inspector/ Assessor
Lead Project Monitor
LRC-00004572
LRC-00004571
ASBESTOS CONTRACTOR SUPERVISOR REFRESHER COURSE
DOSH #: CA -131 -04
Robert Williams
Heriberto Romero
Principle Inst ru ctor
Course Start Date: Aui,,sr 3 2024
Course End Date: August 3 2024
/Je,.,.../7~
Robert L. Williams Sr.
Training Director
Cert Number ACSB080324-ATCH-0 28
Cert Expiration Date : August 3 2025
This course sa tisfies the education requirements for Asbestos accreditation under the Toxic Substances Control Act. Tirte II . Th is course has
been appr()V(ld by the Department of Industrial Relations, Division of Occupational Safety and Health ol the State ol Calilom ia.
....
Asbestos Management Planner Refresher Course
DOSH #:CA -015-08
Robert Williams
AMPR0718240001 N39808
~ 0-/ &unpldum
ASBESTOS BUILDING INSPECTOR REFRESHER COURSE
DOSH #: CA-13 1-06
Robert Williams
Heriberto Rom ero
Principtelnstruct or
Cou rse Start Date: A11i11st 04 2024
Course End Date: August 04 ?024
/Jt,.,..,/7~
RobertLWilliams Sr.
Training Di rector
Cert Number: ARIB0B0424-ATGH-02B
Cert Expiration Date: August 04 2025
Thi s course satisfies 1he education requirements !or Asbestos accreditation under the Toxic Substances Control Act. Trtle JI . Thi s course has
been &J>Pl"0\11'd by lhe Department of Industrial Relations. Division of Occupational Safety and Health of lhe State of California.
~; · ~ ~ t
--........ .._ .... --..... ------._. ...---.. ~ ---....... ...._.
Asbestos Project Designer Refresher Course
~ ~ ~ ~ ~ ~ f◄
DOSH #:CA-015-10
Robert Williams
APOR 07 17240 001 N39852
'id Wallach p,
Mic hael W. Ho rn e r Michael W. Horner
p al lmt ructor Tra ining Dire ct or Training Director
iam
>roJ
Fl~---------, c 7/17/2024 7/1 712024 1,11,2025
~ . _ Course End Date _ _ _ Exam Date . Expir.itio n Date
181202,4 7/18'2024 7/18/2024 7/18/2025
! Slart Date Course End Ci te Exam Date Expiration Date
rse satis fies lhe educalion 1equ re menls for Asbestos a ccreditation under the Toxic Substances Control A c:., Title II This co1,1rso has boon 3pproved by the
Department of Industrial Relations, Division of Occ upational Safety and Health of the State of California
ij !ducat1on requrremen ts for Asbestos accred1taUon under the Toxic Sut>stances Control Act, Title 11. This course has been approved by tt k Department of Industrial Relaliais, Divis ion or Occupational Safe{}' and Heallh of tt1e State of caurornla
~ ❖ ~ NATEC Intern ational , Inc . S NATEC Inte rn ational , Inc. ~c Na t iona l A ssociat ion of Train ing a nd Environmental Cons ulti ng s National Association of Training and Environmental Consulting • ·
NA ,':7,, A, 1100 Techn ology Ci rcle, Sui te A, Ana he im , C A 9280 5 · www .n ate ci ntl.com · 800-969 -322~ • ~ 100 Technology Circle, Suite A , Anahe im, CA 92805 • www.natecintl.com • 800 -969 -322
~:::•-:-•!'•»'X«•::.::•::.+~C•X•:.•>X•M•T•~~"'!'"• ... ~ .... ~ ... • ... ~•::.•I:•::•::.•~•~>::. .. ~•~ .. ~ .. ~ .... ~•i<<•::::•::::+!"•"!'"+l'.,..........,~...,.•• B""•i•"'!'"•"W♦,~♦.4... ... ~ ~ ~ .. ~-:♦.v.~••••~1 ... v....~~ ~ ~ ~ ~ ~ ~ ~ ~ ♦. ~ ♦. ♦. ~ -.,4...... ... •;♦. ~.~
NATEC ln1erm11iona l , lnc NATEC lnLernational. Inc. ~Zs~ontacts NATEC lntemarional. Jnc .
National ASSOC:iation of Training and EnvlronlT'enu l Consultl ng
mponant lndu,;;try Contact s
Phi (916) 574-2993
(916) 483 ·0S72 F:l:>1 Noti fication
'ileb: www.dir.ca.9011 or cal osha,com
Nahona As1o0cia110n of 1r.im1nil and Environmental Consulting ~.!!!:_:L~!~~~'!~!°!~~!.~A~'!!~"':~!~~=11)ln9 a~:v N~;; ~!f~!~~~ con,
,_ Ttl, Card AO:nCJ\'.ledg,~ TliJI
NAT EC Internati onal , Inc.
~~,~t~~~t~~~.;i:.~~~~~s~
~ This Card .a.cknowltdgesTfla1
Robert Williams
~:Phi (SlO) 620-5600 Robvr1 William'll; 5600
'ileb : www .cdph.ca.gov/prograns/CL PPB PO Box B657, Fountain Va ll ey, CA 9 2728
ca .gov/p r ~rams/CLP PO
PO Box 8657, Fou ntain Valley, CA 92728 HoldsTrainingCernficationFcr
AsbestosPtjedOesir,ierRem!sherCoorse
Ph# (909) 396 -373 9
r;,.d'(909} 396-33-42
Ph# (415) 749-476;>
m•
(714 ) 678-2750. (800)969-3228, Fax (714 ) 678-2757 3342
www.natecin1l.com 4762
(714) 678-2750, (800) 969-3228, Fax (714) 678-2.757
www.natccintl.com
711 8./2024 Md><'tdW H...,,_
ftl.:cn:u.uc::u ~ .t"tl'l i carnT" .. '""""
here by certi fies tJiat
Robert L. Williams, Sr.
has m e t all th e s p ec ifi c sta n dard s and q ua lific a tion s of tJ1 e r e-certifi c ation p roc e ss,
in cl ud ing contin ued professio nal develo p ment, and is herehr re-certi fie d as a
CIEC
Council-ce rtifi e d
Indoor Environmental Consultant
rll1is certific;1tc expires o n J une 30, 2025
l .'iOtiO I I
Charkcs F. \\lil<es. Ex<emtin: D i1 L-clo1 C<e niliGLl<e~umlll:1
-
BE IT KNOWN TO ALL CONCERNED THAT
fJlo.6.eJd £_ William.,,, 'fa,.
HAS SUCESS FUL L Y COMPLE TED A
NIOSH 582 EQUVILANCY CO URSE
The course included: Airborne Fiber Sampling , Temperature & Pres.s ure Corrections of Air Sample Flow Rates,
Calibration & Alignmenl of Optical t-.1.icroscopy. Evaluation of Air Sampl ing Data and NIOSH Method 7400 Fiber
Counting Rules
ON
A pril 29, 20 16
Certificate No._~A~Iuc~u~-N~s~g2~-~l6ul~Q _
PAGE 1 OF 2
October 31, 2024
ADDENDUM NO. 1
to the
NOTICE INVITING SEALED BIDS for the
HESSE PARK ROOF REPLACEMENT PROJECT
This Addendum forms a part of the Notice Inviting Sealed Bids for the HESSE PARK ROOF
REPLACEMENT Project (City Project 8509) and modifies the original Notice Inviting Sealed Bids.
Each bidder shall be responsible for ascertaining, prior to submitting a bid, that it has received all
issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE
PROPOSER’S CERTIFICATION, attached. A proposer’s failure to address the requirements of
this addendum or failure to acknowledge the receipt of this addendum may result in that bid being
rejected.
The bidder shall execute the Certification at the end of this addendum and attach the
certification to the proposal.
Item 1: Question: Can I get a copy of the Sign-In Sheet from the Mandatory Pre-Bid Job
Walk?
Answer: The Sign-in Sheet is hereby provided. (See attachment – 9 pages)
End of Addendum No. 1
Any questions regarding this Addendum should be directed to James O’Neill, at
joneill@rpvca.gov or (310) 544-5247.
B-191
C ITVOF RANCHO PALOS VERDES
PLEIJC WORKS DEPARTMENT
PAGE 2 OF 2
PROPOSER'S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 1 and accept all conditions
contained therein.
___________________________
Proposal’s Signature
___________________________ ____________________
By Date
Please sign above and include this signed addendum (without attachments) in
the proposal package. Failure to do so may result in that bid being rejected.
B-192
B-193
1.
2.
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
www.rpvca.gov
HESSE PARK ROOF REPLACEMENT PROJECT
CITY PROJECT NO. 8509
I
Company Name
Address
Mandatory Pre-Bid Meeting
Sign-In Sheet
Thursday, October 24, 2024
10:00 a.m.
Email Address Phone Number
Name of Representative that attended Pre-Bid Meeting
Company Name
Address
J ttlL @t:tcleo,1u c1 (i ~, fr,.11
Email Address
5 51-ss r-;C/?Y
Phone Number
~i R-r0
Name of Representative tha attended Pre-Bid Meeting
B-194
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre-Bid Meeting
October 24, 2024@ 10:00 a.m.
3 .
4.
5 .
Company Name
J ctso ;, e Le ·.,..el .-1 ri.:uf(•,1 ,(,,.""
Email Address
C(16 ,cfL1) 2 -:/-0D
Phone Number
Name of Representative that attended Pre-Bid Meeting
Company Name
Address
Email Address Phone Number c~
Name of Representative that attended Pre-Bid Meeting
Company Name
Address
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Page 2 of ~
B-195
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre-Bid Meeting
October 24, 2024@ 10:00 a.m.
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Page 3 of _1
B-196
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre-Bid Meeting
October 24, 2024 @ 10:00 a.m.
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Page 4 of _j
B-197
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre-Bid Meeting
October 24, 2024@ 10:00 a.m.
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Page 5 of j_
B-198
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre-Bid Meeting
October 24, 2024 @ 10:00 a.m.
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Page 6 of 1
B-199
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre-Bid Meeting
October 24, 2024 @ 10:00 a.m.
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Page 7 of f
B-200
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre-Bid Meeting
October 24, 2024@ 10:00 a.m.
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Page 8 of j_
B-201
Hesse Park Roof Replacement
City Project No. 8509
Mandatory Pre -Bid Meeting
October 24, 2024@ 10:00 a.m.
24.
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Page 9 of j_
PAGE 1 OF 2
November 9, 2024
ADDENDUM NO. 2
to the
NOTICE INVITING SEALED BIDS for the
HESSE PARK ROOF REPLACEMENT PROJECT
This Addendum forms a part of the Notice Inviting Sealed Bids for the HESSE PARK ROOF
REPLACEMENT Project (City Project 8509) and modifies the original Notice Inviting Sealed Bids.
Each bidder shall be responsible for ascertaining, prior to submitting a bid, that it has received all
issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE
PROPOSER’S CERTIFICATION, attached. A proposer’s failure to address the requirements of
this addendum or failure to acknowledge the receipt of this addendum may result in that bid being
rejected.
The bidder shall execute the Certification at the end of this addendum and attach the
certification to the proposal.
Item 1: An Addendum addressing requested information is still forthcoming.
Item 2: The Bid Deadline is hereby revised to be 5:00 p.m. on December 5, 2024.
End of Addendum No. 2
Any questions regarding this Addendum should be directed to James O’Neill, at
joneill@rpvca.gov or (310) 544-5247.
B-202
C ITVOF RANCHO PALOS VERDES
PLEIJC WORKS DEPARTMENT
PAGE 2 OF 2
PROPOSER'S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 2 and accept all conditions
contained therein.
___________________________
Proposal’s Signature
___________________________ ____________________
By Date
Please sign above and include this signed addendum (without attachments) in the proposal package. Failure to do so may result in that bid being rejected.
B-203
PAGE 1 OF 5 (plus 63 pages of attachments)
November 26, 2024
ADDENDUM NO. 3
to the
NOTICE INVITING SEALED BIDS for the
HESSE PARK ROOF REPLACEMENT PROJECT
This Addendum forms a part of the Notice Inviting Sealed Bids for the HESSE PARK ROOF
REPLACEMENT Project (City Project 8509) and modifies the original Notice Inviting Sealed Bids.
Each bidder shall be responsible for ascertaining, prior to submitting a bid, that it has received all
issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE
PROPOSER’S CERTIFICATION, attached. A proposer’s failure to address the requirements of
this addendum or failure to acknowledge the receipt of this addendum may result in that bid being
rejected.
The bidder shall execute the Certification at the end of this addendum and attach the
certification to the proposal.
Item 1: Question: What is the Engineering Estimate for the project?
Answer: The Engineering Estimate is not being published in advance of the Bid
for this project.
Item 2: Question: Will the City be removing the transite identified in the Hazmat Report?
Answer: The City is not removing the transite or any other existing materials.
Each bidder is solely responsible for determining if the transite must be disturbed
in order to perform the specified scope of work. If the transite must be disturbed,
the Bidder must include careful removal and reinstallation to a finished condition
as part of the Bid while referencing the limited asbestos assessment. The final
condition must be the same or better than the pre-disturbed condition.
Item 3: Question: Can we take core samples of the roof to determine how many layers
exist and how roofing material is connected to the existing substructure?
Answer: See Item 6 below.
Item 4: Question: What do we do with the electrical outlet on the roof?
Answer: Electrical outlet to remain active throughout project. Contractor to
temporarily relocate to not interrupt power and reinstall at original location upon
completion of the roofing project.
Item 5: Question: The project requires work to be completed within 40 days. What if new
skylights are not available within that timeframe?
Answer: After confirming lead times for each type of skylight with one of the listed
manufacturer, the project duration is hereby revised to be 80 working days.
B-204
C ITYOF RANCHO PALOS VERDES
PU3LC WORKS DEPARTMENT
PAGE 2 OF 5 (plus 63 pages of attachments)
Item 6: Question: The roofing system was not permitted to be cored by demolition /
abatement subcontractors. We need this info to competitively bid the project. We
are looking to verify thickness and multiple layers (volume) and/or attachment to
the substrate. It was stated on the job walk that a change order would be
processed for unique conditions and that we should assume a standard roof tear-
off without excessive scraping for enhanced attachment by bleed through or solid
mopping or the presence of additional layers. We need in writing that the City of
Rancho palos Verdes is intent to process extra work by change order post bid.
Answers:
A. Existing roofing system has been verified to be torch down modified
bitumen. (see photos included in this Addendum)
B. Existing roof thickness: has been verified to be between 1/4” – 3/8” at
field areas. (see photos included in this Addendum)
C. Existing roof layers: only one layer over wood sheathing. (see photos
included in this Addendum)
D. Change Order requests will be considered based on documentation
provided by the Contractor that clearly demonstrate conditions that
materially differ from those in the Contract Documents, including the
conditions stated in this or other Addenda.
Item 7: Question: Are skylights to be replaced like for like? Reference was made to a
skylight vendor up north who verbally committed to delivery in the 40-day
construction schedule, if this is the City’s spec product, please incorporate their
product description in the Addendum. This vendors conformity to the 40-day
schedule should not be cause for Liquidated Damages being assessed to
contractor. This subject scope of work is typically long lead, we need to know if
the City will be assessing LD’s on this limited portion of work.
Answers:
A. Yes, skylights are to be replaced like for like per the following dimensions:
1. (10) 72’ x 60”
▪ These skylights have operable louvers under them to prevent
light from entering the room below. These louvers are to be
protected and Contractor must ensure they remain operable
after skylight replacement.
2. (2) 80” x 80”
3. (3) 35” x 185” with 8” curve/dome barrel style
4. (2) 65” x 185” with 15” curve/dome barrel style
B. See the attach skylight specification for more information.
C. See answer to item 5 above for changes to contract duration.
Item 8: The attached set of roof details is hereby added to the Contract Documents.
Item 9: Question: Three mechanical / ventilation areas we observed at North-West roof
access area of job walk, these areas have roofing but they were stated to not be
part of the scope of work, they reside below the temporary cover applied by
maintenance team which is scheduled for removal. Once cover is removed
these three areas will be exposed. Three screen areas cover these sections
and are open to water entry. Are they to be included in roof scope? What is the
condition of the concealed screens? Does the City intend to fix the screens
under this contract? The piano hinges to access points are rusted shut.
B-205
PAGE 3 OF 5 (plus 63 pages of attachments)
Answers: The temporary roof structure over these areas is to be removed and
properly disposed of and the roofing in these areas is to be removed and
replaced to match the new roofing of the upper areas. The screens are also to
be replaced as part of the Work.
1. Total added square area footage is to be 280 SF for the three areas
combined
▪ Area #1: approximately 175” x 80”
▪ Area #2: approximately 153” x 80”
▪ Area #3: approximately 170” x 80”
2. The existing roofing system has been verified to be:
▪ built up roofing (BUR).
▪ Existing roofing system thickness: approximately 3/8” in
thickness
3. Install new counterflashing over membrane termination bar.
Counterflashing material to be 316 stainless steel.
▪ Scupper to be replaced. (See attached photos)
▪ The operable wall louvers are to be removed and reinstalled
as necessary for proper installation of roofing materials,
including flashing
4. Screens and screen frames (including hinges) enclosing these areas are
also to be replaced to replicate the existing design with new materials.
See the attached photo set with dimensions and notes for additional
information on existing conditions.
Item 10: Question: The perimeter edge metal was two layers of materials, this is usually
indicative of two layers of roofing, the new edge metal flashings are to cover the
shadow line of the bottom most layer? Or is the lower layer to remain in place and
be handled by Change Order? Is there a desired finish such as aluminum
prefinished kynar standard color or manufacturers clad PVC white?
Answers: A core cut was performed 4” away from the edge and one roofing system
was verified, one roofing system and flashing membrane strip. (see photos
included in this Addendum) PVC cladding must be white, as provided by the
manufacturer.
Item 11: Question: Transite siding panels were in a damaged /deteriorated condition, are
these included to be repaired or modified by the re-roofing scope? They are open
to water entry.
Answers: Transite panels are to be removed per the limited asbestos report only
as necessary for the proper performance of work. Any panels that must be
removed contractor must follow the requirements of the limited asbestos
assessment report to avoid, or minimize, potential damage to allow for
reinstallation of undamaged panels. Any damaged panels are to be identified
and brought to the attention of the owner. Replacement panels to be confirmed
with owner before replacement by the Contractor with panels that are similar in
appearance and color. If replacement panels are not similar in color, the
Contractor is to paint to achieve a similar overall appearance.
Damaged Transite materials are to be replaced with like kind aesthetics/color
panels that meet the current code and standards of building materials.
Contractor to replace damaged sheathing as wall areas where observed, with
advance notice provided to owner, of locations and/or square footage of
materials to be removed. Terminate the flashing membrane per the
B-206
PAGE 4 OF 5 (plus 63 pages of attachments)
manufacturer’s instructions above the roof deck for a complete installation. The
mechanical ventilation panels should be removed and replaced with like to flash
openings as per existing conditions.
Item 12: Question: Are you going to specify a make, model, style and manufacturer for the
skylights?
Answer: Referenced attached Technical Specification Section 08 62 00. Style and
model information is to be coordinated by the Bidder with the Bidder’s chosen
manufacturer to ensure that all listed requirements, including sizes and lead times,
are met.
Item 13: Question: Is the metal cover that is coated white going to remain or be removed?
Answer: See response to Item 9 above. To be clear, the temporary roofing
structure is wood, not metal.
Item 14: Question: Will the sections below the metal cover be included in the scope of work?
Answer: See response to Item 13 above.
Item 15: Question: According to the asbestos report, transite panels were only tested on
one side of the roof. What about the well section panels? Are they the same
transite panels and should we assume they are asbestos containing as well?
Answer: .Bidder’s attention is called to the second paragraph of page 1 of the
report which reads, in part: “This inspection was limited to representative locations
in the project area that may be affected by the renovation activities. Limited
intrusive and/or non-destructive sampling was conducted as a part of the scope of
services performed. If additional suspect materials are observed by the contractor,
abatement contractor, building owner and/or its representatives, A-Tech should be
notified to conduct additional testing.”
Item 16: Question: Will the existing counterflashing be reused? And what if the panels
above the counterflashing are cracked, how will this issue be addressed?
Answer: All existing roofing system to be removed and replaced with new.
Item 17: Question: Will the existing edge metal detail remain the same or will the raised
edge be eliminated?
Answer: See new detail set reference in Item 8 above.
Item 18: Contractor to protect in place existing coaxial cables laying on roof top. (see photos
included in this Addendum).
Item 19: Bidders attention is called to the following: (1) In the Notice Inviting Sealed Bids
provision that states, “No bidder may withdraw their bid for a period of ninety (90)
days after the date set for the opening bids.” (2) In the Instruction to Bidders,
“Modifications and Alternative Proposals: Unauthorized conditions, limitation or
provisions attached to a proposal will render it informal and may be cause for
rejection.” Therefore, conditions included in Bid like, “Quotes will only be valid for
10 DAYS. NO EXCEPTIONS.” Will likely cause the City to render a Bid non-
responsive.
Item 20: The Bid Deadline is hereby revised to be 5:00 p.m. on December 12, _____, 2024.
B-207
PAGE 5 OF 5 (plus 63 pages of attachments)
End of Addendum No. 3
Any questions regarding this Addendum should be directed to James O’Neill, at
joneill@rpvca.gov or (310) 544-5247.
PROPOSER'S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 3 and accept all conditions
contained therein.
___________________________
Proposal’s Signature
___________________________ ____________________
By Date
Please sign above and include this signed addendum (without attachments) in
the proposal package. Failure to do so may result in that bid being rejected.
B-208
B-209
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B-243
B-244
----,.-.-'1'1i -____ __,_ <:"~--~,....· . "' .
' ..
. .
INSULATION (EX.)
CONTINUOUS METAL HOOK
STRIP (MIN. 22 GAUGE)
METAL FLASHING FASTENED 4 IN.
O.C., STAGGERED USING 1-INCH
GALVANIZED ANNULAR RING NAILS OR
OTHER ACCEPTABLE FASTENER
TREATED WOOD NAILERS TO MATCH
HEIGHT OF INSULATION AND/OR COVER BOARD (NEW)
ROOFING MEMBRANE
(EX.)
STRUCTURAL DECK
MULTI-
PURPOSE
TAPE
NOTES:
1. NAILERS SHALL BE SECURELY ANCHORED TO THE DECK TO RESIST A MINIMUM FORCE OF 300 POUNDS PER
LINEAR FOOT. FOLLOW FACTORY MUTUAL LOSS PREVENTION DATA SHEET 1-49 RECOMMENDATIONS.
2. THE THICKNESS OF THE NAILER SHALL MATCH THE HEIGHT OF THE INSULATION OR SURFACE TO WHICH THE
MEMBRANE IS TO BE APPLIED.
3. VAPOR RETARDER SHALL BE SEALED AT EDGES.
4. POSITION THE MEMBRANE (NON-FELTED) OVER THE ROOF EDGE AND DOWN OUTSIDE FACE OF
WALL, COVERING TREATED WOOD NAILER(S) COMPLETELY.
FLASHING STRIP, HOT-AIR WELDED
COVER BOARD
(NEW)
(NEW)
(E) ROOF SYSTEM
1 : 31PERIMETER FLASHING
1-FSK
B-245
CUT ALONG LINES
CREASE LINE
NOTES:
1. POSITION FASTENING PLATES 6" TO 9" (152 TO 229mm)
FROM THE CORNER AND 1/2" TO 1" (13 TO 25mm)
FROM EDGE OF MEMBRANE.
2. APPROXIMATELY 1/8" (3mm) DIAMETER BEAD OF
CUT-EDGE SEALANT IS REQUIRED ON CUT EDGES OF
REINFORCED TPO MEMBRANE.
3. WHEN USING 60 OR 80-MIL MEMBRANE, APPLY A
4-1/2" (114mm) DIAMETER "T-JOINT" COVER AT ALL
FIELD SPLICE INTERSECTIONS.
THERMOPLASTIC
REINFORCED MEMBRANE
FASTENER &
SEAM FASTENING PLATE,
MAX. 12" (305mm) O.C.
PRE-MOLDED
INSIDE CORNER
6"152A
mmDIMENSIONS
APPROX.
A
A
6"-9"152-229B
B
45-DEGREES APPROX.C
C
FLASHING
HEIGHT
℄
PRE-MOLDED INSIDE
CORNER BEFORE
INSTALLATION
HOT AIR
WELD
T-JOINT 4
1 2
3
1 : 32INSIDE CORNER FLASHING
2-FSK
B-246
'
0
0
'-0 )
THERMOPLASTIC
REINFORCED MEMBRANE
PRE-MOLDED
OUTSIDE CORNER
FASTENER & SEAM
FASTENING PLATE, MAX. 12"
(305mm) O.C.
NOTES:
1. POSITION FASTENING PLATES 6"(152mm) FROM THE CORNER AND 1/2" TO 1" (13 TO 25mm) FROM
EDGE OF MEMBRANE.
2. APPROXIMATELY 1/8" (3mm) DIAMETER BEAD OF CUT-EDGE SEALANT IS REQUIRED ON CUT EDGES
OF REINFORCED TPO MEMBRANE.
PRE-MOLDED OUTSIDE
CORNER BEFORE
INSTALLATION
1 2
3
1 : 33OUTSIDE CORNER FLASHING
3-FSK
B-247
(Q) (Q)
(Q)
30"
3 "
ROUND CORNERS
3 "
HEAT WELDED AREA 2" MINIMUM
CONTINUOUSLY AROUND PERIMETER
NOTE:
1. REMEMBER DO NOT CROSS SEAMS WITH WALKWAY PADS.
2. HEAT WELD EDGE OF WALKWAY ROLLS CONTINUOUSLY
3. ROUTE TO ANY MAINTENANCE ITEMS ON THE ROOF
HEAT WELD
WALKWAY PAD
ROOFING MEMBRANE
PROTECTION BOARD
(E) ROOF SYSTEM
1 1/2" = 1'-0"4 WALKWAY PAD
4-FSK
B-248
NOTES:
1. NAILERS SHALL BE SECURELY ANCHORED TO THE DECK TO RESIST A FORCE OF 300
POUNDS PER LINEAL FOOT IN ANY DIRECTION.
2. SEALANT IS A MAINTENANCE ITEM.
3. (INSTALL 1 PER ROOFING WELL)
TREATED WOOD NAILER
TO MATCH HEIGHT OF INSULATION
METAL SCUPPER FASTENED
4 INCHES O.C., STAGGERED, USING
GALVANIZED ANNULAR RING NAILS
ROOFING MEMBRANE
FLASHING STRIP,
HOT-AIR WELDED 1 1/2" MIN.
COVERBOARD
SEALANT
(E) ROOF SYSTEM
METAL SCREEN
1"
M
I
N
.
1 : 35THRU-WALL SCUPPER
5-FSK
B-249
NOTES:
1) FIELD WELDS SHALL NOT PASS WITHIN 9" OF THE CLAMPING RING, OR WITHIN THE DRAIN DUMP IITSELF.
2) MEMBRANE SHALL EXTEND MINIMUM 1" BEYOND THE BOLT HOLES, THE CLAMPING RING BOLTS MUST PENETRATE THE MEMBRANE.
3) USE ONE FULL TUBE OF WATER BLOCK SEALANT PER DRAIN
4) FOR SLOPES GREATER THAN 3:12 REFER TO STEEP SUMP TECH BULLETINS
5) OVERFLOW DRAIN SIMILAR WITH 2" HIGH DAM
SPECIFIED SECUREMENT
HOT-AIR WELD 1 1/2" MIN.
ROOFING MEMBRANE
MEMBRANE FLASHING
TAPERED EDGE SECURELY
FASTENED AS REQUIRED
COVERBOARD
(AS REQUIRED)
DRAIN STRAINER
CLAMPING RING
SEALANT ONLY UNDER
MEMBRANE AT CLAMPING
RING
(E) ROOF SYSTEM
1 : 36ROOF DRAIN SUMP - 3:12 MAX SLOPE
6-FSK
B-250
PIPE PENETRATION
ROOFING MEMBRANE CAP
ALUMINUM TAPE (SEE NOTE)
FLASHING MEMBRANE
SPECIFIED SECURMENT
BASE FLASHING,
HOT-AIR WELDED 1 1/2" MIN.
ROOFING MEMBRANE
NOTES:
1. ALUMINUM TAPE IS REQUIRED IF EXISTING PENETRATION IS CONTAMINATED.
2. VAPOR RETARDER SHALL BE SEALED AT EDGES.
COVERBOARD
8"
M
I
N
4"
M
I
N
(E) ROOF SYSTEM
1 : 37VENT STACK PENETRATION
7-FSK
B-251
_;,_ ,; ..
NOTE:
1. VAPOR RETARDER SHALL BE SEALED AT EDGES.
SKYLIGHT
TERMINATION BR SEALED W ITH
SEALANT AND FRY-TYPE
REGLET
HOT-AIR WELD 1 1/2" MIN.
SPECIFIED SECUREMENT
ROOFING MEMBRANE
FLASHING TO ACCEPTABLE SUBSTRATE
COVERBOARD (AS REQUIRED)
4"
M
I
N
8"
M
I
N
(E) ROOF SYSTEM
1 : 38CURB AT SKYLIGHT
8-FSK
B-252
STRUCTURAL DECK (EX.)
MULTI-
PURPOSE
TAPE
HOT-AIR WELD 1 1/2" MIN.
SPECIFIED SECUREMENT 12" MAX O.C.
ROOFING MEMBRANE
SECUREMENT FASTENED AT
BASE OF WALL OR CURB
ALTERNATE BASE FASTENING
1-1/2" SS RING SHANK NAIL (2 PER CLEAT FACE)
SNAP-ON COPING CAP
CLEAT 12" WIDE
CONCEALED 6" WIDE SPLICE
INSULATION (EX.)
#9 X 1-1/2" SS
SCREW W/
WASHER
(MIN. 4 PER CLEAT)
NOTES:
1. VAPOR RETARDER SHALL BE SEALED AT EDGES.
COVER BOARD
(NEW.)
ALL EX. UNO.
(E) ROOF SYSTEM
1 : 39METAL COPING AT (EX.) PARAPET
9-FSK
B-253
. ,-.,_
1/4" GAP
STEP 1
STEP 2
FOIL TAPE UNDERNEATH (SEE STEP 1)
SEAM FLASHING PER MFR.
HEAT WELD MIN. 2"
1/4" EXPANSION SPACE
USE 2" HEAT-RESISTANT FOIL TAPE
AS BOND BREAKER
CONTINUOUS SEAM FLASHING
22G CONTINUOUS CLEAT
W/ FASTENERS @ 0'-12" O.C.
GALV. STEEL DRIP EDGE
ROOFING MEMBRANE
NOTE:
1. APPLY CUT EDGE SEALANT TO ALL CUT
ROOFING MEMBRANE EDGES
2. FOR GRAVEL STOP INSTALLATION SEE DETAIL 5,
THIS SHEET
(EX.) WALL & ROOF
EX. WALL & ROOF
1 1/2" = 1'-0"10 PERIMETER FLASHING JOINT
10-FSK
B-254
HOLLOW METAL DOOR WITH 2"
FRAMELESS LOUVER
0'
-
2
1
/
2
"
10" AT SILL
0'
-
2
"
H
E
A
D
A
N
D
J
A
M
B
0' - 2"
METAL SCREEN
3" = 1'-0"11
DOOR - LOUVERED DOOR HEAD - JAMB
SIM (EXTERIOR)
11-FSK
B-255
SEALANT O/ BACKER ROD W/ WEEPSSILL PAN IS SET IN BED OF
DYMONIC 100 SEALANT OVER
TREMGARD HB. VERTICAL BACK
DAM IS SEALED TO INTERIOR
LOUVER
DRAINABLE LOUVER PER PLANS
SLOPE GALV. SHEET METAL SILL
PANEL. PAINT TO MATCH COLOR
OF EXTERIOR FINISH
CONTINUOUS BACKER ROD AND
SEALANT
ALIGNALIGNDUCT PER
MECHANICAL
PLANS
SILL
HEAD & JAMB
METAL SCREEN
3" = 1'-0"12 LOUVER - DETAIL
12-FSK
B-256
Fred Hesse Jr. Community Park
Roof Replacement Project
Alcoves and Screens (with frames)
View from side yard enclosure (Numbering of Enclosures for easier reference)
#1 #2 #3
B-257
ClnlGF t L PAIDSVERDES
Fred Hesse Jr. Community Park
Roof Replacement Project
Alcoves and Screens (with frames)
View from side yard enclosure (with rough dimensions)
48”
48”
48” 36”
36”
36”
169” 153”
36”
B-258
ClnlGF t L PAIDSVERDES
Fred Hesse Jr. Community Park
Roof Replacement Project
Alcoves and Screens (with frames)
Opening at enclosure #1 (with rough dimensions)
49”
48”
28”
Piano style hinge (typ)
11 ½”
Latch strike (typ)
Latch (typ)
B-259
ClnlGF t L PAIDSVERDES
Fred Hesse Jr. Community Park
Roof Replacement Project
Alcoves and Screens (with frames)
Inside of enclosure #1 (showing approximate dimensions and roof screens)
80”
175”
Screens and screen frames to be
replaced with new as part of the Work
(typ for each of the three alcoves)
Operable wall louver (typ) to be
removed and reinstalled to allow for
proper flashing of roofing material
B-260
ClnlGF t L PAIDSVERDES
Fred Hesse Jr. Community Park
Roof Replacement Project
Alcoves and Screens (with frames)
Inside of enclosure #2 (showing approximate dimensions and roof screens)
153”
Screens and screen frames to be
replaced with new as part of the Work
(typ for each of the three alcoves)
Operable wall louver (typ) to be
removed and reinstalled to allow for
proper flashing of roofing material
80”
B-261
ClnlGF t L PAIDSVERDES
Fred Hesse Jr. Community Park
Roof Replacement Project
Alcoves and Screens (with frames)
Inside of enclosure #3 (showing approximate dimensions and roof screens)
169”
Screens and screen frames to be
replaced with new as part of the Work
(typ for each of the three alcoves)
Operable wall louver (typ) to be
removed and reinstalled to allow for
proper flashing of roofing material
80”
B-262
ClnlGF t L PAIDSVERDES
Fred Hesse Jr. Community Park
Roof Replacement Project
Alcoves and Screens (with frames)
Inside of enclosure #3 (showing approximate dimensions and roof screens)
36”
48”
Piano style hinge (typ)
Latch strike (typ)
Latch (typ)
B-263
ClnlGF t L PAIDSVERDES
UNIT SKYLIGHTS
08 62 00 - 1
SECTION 08 62 00
UNIT SKYLIGHTS
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. Work includes labor, materials, appliances, tools, equipment, facilities, transportation,
and services necessary for and incidental to performing operations in connection with
furnishing, delivery and installation of the work for this section, meeting current
building codes and manufacturer’s latest printed instructions, complete as shown on
the drawings and/or specified herein.
1.2 SUMMARY
A. Section includes aluminum-framed assemblies incorporating fiberglass-sandwich
panels as follows:
1. Self-flashing unit skylights.
B. Related Sections
1. TP-1 Polyvinyl Chloride Roofing
1.3 PRE-INSTALLATION MEETINGS
A. Pre-installation Conference: Contractor shall Conduct a pre-installation conference at
the Project site with the Vendor and Owner representative(s). Reference section 1.4
of the Technical Provisions.
1.4 PERFORMANCE REQUIREMENTS
A. AAMA/WDMA Performance Designation: Provide unit skylights capable of complying
with performance requirements indicated, based on testing manufacturer's unit
skylights that are representative of those specified and that are of minimum test size
indicated below:
1. Size required by AAMA/WDMA 101/I.S.2/NAFS for gateway performance for
both gateway performance and optional performance grade.
2. Size: Indicated per field verification from job walk.
B. AAMA/WDMA Performance Requirements: Provide unit skylights of performance class
and grade indicated that comply with AAMA/WDMA 101/I.S.2/NAFS unless more
stringent performance requirements are indicated.
B-264
UNIT SKYLIGHTS
08 62 00 - 2
1. Performance Class and Grade: SKG-C30/30-1200x1200, SKP-C30/30-
1200x1200.
2. Performance Class and Grade: SKG-HC40/40-1200x2500, SKP-HC40/40-
1200x2500.
3. Performance Class and Grade: As indicated.
C. Test Performance Criteria: Provide unit skylights capable of complying with
performance requirements indicated, based on testing manufacturer's unit skylights
that are representative of those specified. Based on the Use, CBC Table 1604.5
Building is under Risk Category II.
1. Structural Performance: Provide unit skylights, including glazing and anchorage,
capable of withstanding the effects of the design loads:
a. Positive Pressure or Inward Load: Per Code
b. Negative Pressure or Uplift Load: Per Code
2. Air Infiltration: Provide unit skylights with maximum air leakage through assembly
of 0.3 cfm/sq. ft. (1.5 L/s per sq. m) when tested according to ASTM E 283 at a
minimum static-air-pressure difference of 1.57 lbf/sq. ft. (75 Pa), 6.24 lbf/sq. ft.
(300 Pa).
3. Water Penetration: Provide unit skylights that do not evidence water penetration
through assembly when tested according to ASTM E 331 at a zero static-air-
pressure difference across unit.
D. Windborne-Debris-Impact-Resistance Performance: Provide unit skylights that pass
missile-impact and cyclic-pressure tests when tested according to ASTM E 1886 and
testing information in ASTM E 1996 or AAMA 506.
1. Large-Missile Impact: For unit skylights located within 30 feet (9.1 m) of grade.
1.5 ACTION SUBMITTALS
A. Product Data: For each type of unit skylight indicated. Include construction details,
material descriptions, dimensions of individual components and profiles, and finishes
for unit skylights.
B. Shop Drawings: For unit skylight work. Include plans, elevations, sections, details, and
connections to supporting structure and other adjoining work.
C. Product Schedule: For each unit skylight type. See Addendum 3.
B-265
UNIT SKYLIGHTS
08 62 00 - 3
1.6 INFORMATIONAL SUBMITTALS
A. Qualification Data: For qualified Installer and manufacturer.
B. Product Test Reports: Based on evaluation of comprehensive tests performed within
the last four years by a qualified testing agency for each type, performance class,
performance grade, and size of unit skylight. Test results based on use of downsized
test units will not be accepted.
C. Product Test Reports: Based on evaluation of comprehensive tests performed by a
qualified testing agency for each type and size of unit skylight.
D. Field quality-control reports.
E. Warranty: Sample of warranty.
1.7 CLOSEOUT SUBMITTALS
A. Maintenance Data: For unit skylights to include in maintenance manuals.
1.8 QUALITY ASSURANCE
A. Manufacturer Qualifications: A manufacturer capable of fabricating unit skylights that
meet or exceed performance requirements indicated and of documenting this
performance by inclusion in lists and by labels, test reports, and calculations.
B. Installer Qualifications: An installer acceptable to unit skylight manufacturer for
installation of units required for this Project.
C. Source Limitations: Obtain unit skylights from single source from single manufacturer.
D. Surface-Burning Characteristics of Plastic Glazing: Provide plastic glazing sheets
identical to those tested for fire-exposure behavior per test method indicated below by
a testing and inspecting agency acceptable to authorities having jurisdiction. Identify
materials with appropriate markings of applicable testing and inspecting agency.
1. Self-Ignition Temperature: 650 deg F (343 deg C) or more for plastic sheets in
thickness indicated when tested per ASTM D 1929.
2. Smoke-Production Characteristics: Comply with either requirement below:
a. Smoke-Developed Index: 450 or less when tested per ASTM E 84 on
plastic sheets in manner indicated for use.
b. Smoke Density: 75 or less when tested per ASTM D 2843 on plastic sheets
in thickness indicated for use.
3. Burning Characteristics: Tested per ASTM D 635.
a. Acrylic Glazing: Class CC2, burning rate of 2-1/2 inches (64 mm) per
minute or less for nominal thickness of 0.060 inch (1.5 mm) or thickness
B-266
UNIT SKYLIGHTS
08 62 00 - 4
indicated for use.
E. Unit Skylight Standard: Comply with AAMA/WDMA 101/I.S.2/NAFS, "North American
Fenestration Standard Voluntary Performance Specification for Windows, Skylights
and Glass Doors," for minimum standards of performance, materials, components,
accessories, and fabrication. Comply with more stringent requirements if indicated.
1. Provide AAMA-certified unit skylights with an attached label.
1.9 COORDINATION
A. Coordinate unit skylight flashing requirements with roofing system.
B. Coordinate sizes and locations of prefabricated curbs with actual unit skylights
provided.
C. Provide anchors and inserts to be placed in adjacent construction in proper sequence
so as not to delay the Work.
1.10 WARRANTY
A. Skylight Warranty: Provide written warranty signed by manufacturer, agreeing to repair
or replace work, including any product or material that exhibits defects in materials or
workmanship and guaranteeing weather-tight and leak-free performance. “Defects” is
defined as uncontrolled leakage of water and abnormal aging or deterioration.
1. Warranty Period: 2 years from date of Substantial Completion
B. Plastic Warranty: Provide a written warranty signed by manufacturer agreeing to repair
or replace work, including any product or material that has or develop defect(s) in the
plastic. “Defect(s)” is defined as abnormal aging or deterioration.
1. Warranty Period for Acrylic: 2 years from date of Substantial Completion
C. Finish Warranty: Provide written warranty signed by manufacturer agreeing to repair
or replace work with finish defect(s). “Defect(s) is defined as peeling, chipping,
chalking, fading, abnormal aging or deterioration, and failure to perform as required.
1. Warranty Period for Anodized Finish: 1 year from date of Substantial Completion
PART 2 - PRODUCTS
2.1 MANUFACTURERS
A. Source Limitations: Obtain components including skylights, fasteners, and accessories
for skylight system from same manufacturer or a manufacturer approved by skylight
manufacturer.
B-267
UNIT SKYLIGHTS
08 62 00 - 5
B. Subject to compliance with requirements, provide comparable products by one of the
following:
1. American Skylites.
2. Bristolite Skylights.
3. CPI International.
4. Wasco Products, Inc.
5. Or equal.
C. Product:
1. Unit Skylight: Thermalized Sentinel Series, Curb Mount Dome by Wasco
Product, Inc. Size as indicated in Addendum, Or Approved equal.
a. Wasco Products (or equal) “Tandem Units” are acceptable replacements
for the existing barrel style skylights
2.2 MATERIALS
A. Aluminum Components:
1. Sheets: ASTM B 209 (ASTM B 209M), alloy and temper to suit forming
operations and finish requirements but with not less than the strength and
durability of alclad Alloy 3005-H25.
2. Extruded Shapes: ASTM B 221 (ASTM B 221M), alloy and temper to suit
structural and finish requirements but with not less than the strength and
durability of Alloy 6063-T52.
B. Curb Frame: Bright white high-performance PVC with Bronze cap stock and minimum
effective external wall thickness of 0.060 inch (1.5mm). Provide an integral
condensation gutter system with corners fully welded for waterproof quality.
C. Plastic Sheets: Monolithic, formable, transparent (colorless, tinted or translucent white)
sheets with good weather and impact resistant.
1. Acrylic: ASTM D 4802, thermoformable, acrylic (methacrylate), Category C-2 or
CC-2 Type UVA (formulated with ultraviolet absorber), with Finish 1 (smooth or
polished) unless otherwise indicated.
D. Thermal Break: Fabricate skylight units with thermal chambered PVC frame.
E. Fasteners: Same metal as metal being fastened, nonmagnetic stainless steel, or other
noncorrosive metal as recommended by manufacturer. Finish exposed fasteners to
match material being fastened.
1. Where removal of exterior exposed fasteners might allow access to building,
provide non-removable fastener heads.
B-268
UNIT SKYLIGHTS
08 62 00 - 6
F. Coordinate installation of vapor barriers, roof insulation, roofing, and flashing as
required to assure that each element of the work performs properly and that combined
elements are waterproof and weather tight. Anchor units securely to supporting
structural substrates, adequate to withstand lateral and thermal stresses as well as
inward and outward loading pressures.
2.3 INSTALLATION MATERIALS
A. Bituminous Coating: SSPC-Paint 12, solvent-type, bituminous mastic, nominally free of
sulfur and containing no asbestos fibers, formulated for 15-mil (0.4-mm) dry film
thickness per coating.
B. Joint Sealants: As required by Manufacturer.
C. Mastic Sealant: Polyisobutylene; non-hardening, non-skinning, nondrying, non-
migrating sealant.
D. Roofing Cement: ASTM D 4586, asbestos free, designed for trowel application or other
adhesive compatible with roofing system.
2.4 UNIT SKYLIGHTS
A. General: Factory-assembled, curb-mounted unit consisting of plastic glazing,
gasketing, inner frame designed to mount on separate curb, and self-contained
flashing.
B. Prefabricated Curb: As necessary for complete installation.
C. Unit Shape and Size: As indicated in Addendum.
D. Condensation Control: Fabricate unit skylights with integral internal gutters and non-
clogging weeps to collect and drain condensation to the exterior.
E. Thermal Break: Fabricate unit skylights with thermal barrier separating exterior and
interior metal framing.
F. Glazing: Clear over white.
1. Provide glazing in compliance with OSHA fall protection regulations when
available.
2.5 FALL-PROTECTION
A. Provide manufacturers’ OSHA-compliant standard fall protection components,
including but not limited to:
1. Safety Screen (FP/BVFP) by Wasco Products, Inc. or equal.
B-269
UNIT SKYLIGHTS
08 62 00 - 7
2. Finish: Manufacturer’s standard galvanized finish.
2.6 GENERAL FINISH REQUIREMENTS
A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products"
for recommendations for applying and designating finishes.
B. Appearance of Finished Work: Noticeable variations in same piece are not acceptable.
Variations in appearance of adjoining components are acceptable if they are within the
range of approved Samples and are assembled or installed to minimize contrast.
2.7 ALUMINUM FINISHES
A. Mill Finish: Manufacturer's standard.
B. High-Performance Organic Finish: 4-coat fluoropolymer finish complying with
AAMA 2605 and containing not less than 70 percent PVDF resin by weight in both
color coat and clear topcoat. Prepare, pretreat, and apply coating to exposed metal
surfaces to comply with coating and resin manufacturers' written instructions.
1. Color and Gloss: As selected from manufacturer's full range and Owner-
approved submittal.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine openings, substrates, structural support, anchorage, and conditions, with
Installer present, for compliance with requirements for installation tolerances and other
conditions affecting performance of the Work.
B. Proceed with unit skylight installation only after unsatisfactory conditions have been
corrected.
3.2 INSTALLATION
A. Coordinate installation of unit skylight with installation of substrates, vapor retarders,
roof insulation, roofing membrane, and flashing as required to ensure that each
element of the Work performs properly and that combined elements are waterproof and
weathertight.
B. Comply with recommendations in AAMA 1607 and with manufacturer's written
instructions for installing unit skylights.
C. Install unit skylights level, plumb, and true to line, without distortion.
B-270
UNIT SKYLIGHTS
08 62 00 - 8
D. Anchor unit skylights securely to supporting substrates.
E. Where metal surfaces of unit skylights will contact incompatible metal or corrosive
substrates, including preservative-treated wood, apply bituminous coating on
concealed metal surfaces, or provide other permanent separation recommended in
writing by unit skylight manufacturer.
F. Where cap flashing is indicated, install to produce waterproof overlap with roofing or
roof flashing. Seal with thick bead of mastic sealant except where overlap is indicated
to be left open for ventilation.
3.3 FIELD QUALITY CONTROL
A. Testing Agency: Owner will engage a qualified testing agency to perform tests and
inspections.
B. After completion of installation and nominal curing of sealant and glazing compounds
test for water leaks according to AAMA 501.2.
C. Work will be considered defective if it does not pass tests and inspections.
D. Additional testing and inspections, at the Contractor’s expense, will be performed to
determine compliance of replaced or additional work with specified requirements.
3.4 CLEANING
A. Clean exposed unit skylight surfaces according to manufacturer's written instructions.
Touch up damaged metal coatings and finishes.
B. Remove excess sealants, glazing materials, dirt, and other substances.
C. Remove and replace glazing that has been broken, chipped, cracked, abraded, or
damaged during construction period.
D. Protect unit skylight surfaces from contact with contaminating substances resulting
from construction operations.
END OF SECTION 08 62 00
B-271
PAGE 1 OF 3
December 9, 2024
ADDENDUM NO. 4
to the
NOTICE INVITING SEALED BIDS for the
HESSE PARK ROOF REPLACEMENT PROJECT
This Addendum forms a part of the Notice Inviting Sealed Bids for the HESSE PARK ROOF
REPLACEMENT Project (City Project 8509) and modifies the original Notice Inviting Sealed Bids.
Each bidder shall be responsible for ascertaining, prior to submitting a bid, that it has received all
issued Addenda and shall ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON THE
PROPOSER’S CERTIFICATION, attached. A proposer’s failure to address the requirements of
this addendum or failure to acknowledge the receipt of this addendum may result in that bid being
rejected.
The bidder shall execute the Certification at the end of this addendum and attach the
certification to the proposal.
Item 1: Question: To clarify Item 7 from Addendum #3, the sizes provided on Answers A.
# 1 is 72” (inches) not 72’(feet) x 60”? The dimensions provided for #1, 2, 3 & 4
are all outside dimensions of skylight or inside curb dimensions?
Answer: The approximate outside dimensions are 72 inches by 60 inches, and
are provided for bidding purposes only. The Contractor is responsible for
properly measuring of products prior to ordering and for ensuring all products are
properly sized for the Work.
Item 2: Question: Detail 8-FSK from Addendum #3 shows an operable skylight. To clarify,
do any of these skylights need to be operable or all skylights are fixed?
Answer: All skylights for the project are fixed, not operable.
Item 3: Question: The skylight specification section 08 62 00 number 1.2 Summary item
#A calls for fiberglass-sandwich panels followed by # 1 calling for self-flashing unit
skylights. Item letter C Product call out calls for curb mounted dome units?
Answer: New skylights are to be curb mounted.
Item 4: Question: Are all the skylights double dome acrylic or fiberglass sandwich panels?
Answer: New skylights are to be double dome acrylic. Bidders are directed to
replace references to fiberglass sandwich panels with references to double dome
acrylic.
Item 5: Question: Do all these skylights need to be curb mounted or self-flashing? And, If
self-flashing, what height curb is needed?
Answers: Refer to Detail 9-FSK from Addendum 3, which calls for curb along
with dimensions for the height.
B-272
C ITVOF RANCHO PALOS VERDES
PU3LC WORKS DEPARTMENT
PAGE 2 OF 3
Item 6: Question: In the skylight callouts you have Exterior Safety Screens for 2 of the
skylights at dimensions of 80” x 80”. What if a manufacturer does not produce
exterior safety screens in this size?
Answer: To address fall protection for skylights and the opening over the patio,
Work must include providing fall protection railings as generally shown in the
image below. Fall protection railings shall be Kee Dome Skylight Railings, by
Kee Safety (keesafety.com) or approved equal.
Item 7: Bidders attention is drawn to Part 2 (specifically, 2.1, C, 1 a.) of Specification
Section 08 62 00, which reads: “Wasco Products (or equal) “Tandem Units” are
acceptable replacements for the existing barrel style skylights”
B-273
IKee· I Safet y -Safety Solutions v services v Innovation v Resource center v Why Kee Safety v 0.
Skylight Fall Protection / Kee Dome Skylight Railing
Kee Dome® Skylight Railing
A free-standing skylight fall protection system that will not penetrate your
roofs surface
PAGE 3 OF 3
Item 8: As there has been ample opportunity for Bidders to submit questions, it is unlikely
that the City will issue any other Addendum prior to the Bid deadline, but does
reserve the right to do so. In such an event, the Bid Deadline will be extended to
allow Bidders at least 72 hours prior to the Bid Deadline to receive and incorporate
such information into their Bid.
Item 9: The Bid Deadline is hereby extended to 5:00 p.m. on Friday, December 13, 2024.
End of Addendum No. 4
Any questions regarding this Addendum should be directed to James O’Neill, at
joneill@rpvca.gov or (310) 544-5247.
PROPOSER'S CERTIFICATION
I acknowledge receipt of the foregoing Addendum No. 4 and accept all conditions
contained therein.
___________________________
Proposal’s Signature
___________________________ ____________________
By Date
Please sign above and include this signed addendum (without attachments) in
the proposal package. Failure to do so may result in that bid being rejected.
B-274
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City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2024-2025 through 2028-29) 343
Insert Descriptive Photo
PROJECT DESCRIPTION
This project is intended to create a program to inventory, assess, and develop a
maintenance plan for the City's facilities. The project consists of:
- Inspecting existing facilities and determining needed preventative maintenance, repair,
and component replacement
- Estimating cost of needed work
- Prioritizing and scheduling
- Performing the work
**Items identified as immediate needs are programmed over FY24-25 and FY25-26;
items identified as one-to-two year range are programmed over FYs 26-27 through 28-
29**
PROJECT COST ESTIMATES
8500 Series Building Improvements Projects 8509
Facilities Asset Management Program
Overall
Planning N/A
FY24/25 FY25/26 FY26/27 FY27/28 FY28/29
Committed
as of 3/22/24
Environmental N/A
Management $ 30,000 $ 15,000 $ 20,000 $ 20,000 $ 25,000
Engineering $ 60,000 $ 25,000 $ 40,000 $ 40,000
N/A
Project Contingency $ 90,000 $ 40,000 $ 60,000 $ 60,000 $ 65,000 N/A
$ 45,000 N/A
Inspection $ 60,000 $ 25,000 $ 170,000 $ 40,000 $ 45,000 N/A
Construction $ 585,000 $ 250,000 $ 370,000 $ 385,000 $ 405,000 N/A
93,994$ 825,000$ 355,000$ 660,000$ 545,000$ 585,000$ N/A
FUNDING
FY24/25 FY25/26 FY26/27 FY27/28 FY28/29
Future
Fiscal Years
585,000$ TBD
Currently
Budgeted
-$ -$
93,994$ 825,000$ 355,000$ 660,000$ 545,000$ 330 (CIP Fund)
-$ -$ -$ -$ -$
-$ -$
-$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$
This is an asset management program for all City-maintained facilities to create and schedule
ongoing maintenance and repairs for the seven facilities maintained by the City:
- Civic Center
- Hesse Park
- Point Vicente Interpretive Center
- Ryan Park
- Eastview Park
- Abalone Cove
- Portuguese Bend Nursery School
* Pelican Cove is maintained by Terranea through an existing maintenance agreeement
Estimated annual operating / maintenance cost TBD
ESTIMATED SCHEDULE
On-going annual Engineering and Construction in each Fiscal Year.
Project Location Map Background and Justification
-$ -$
93,994$ 825,000$ 355,000$ 660,000$ 545,000$ 585,000$
-$ -$ -$ -$ -$
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