CC SR 20250304 G - Hawthorne Eddinghill Seamount Left Turn Signal
CITY COUNCIL MEETING DATE: 03/04/2025
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve the construction plans and specifications
for the Hawthorne Boulevard at Eddinghill/Seamount Left Turn Signal Project (CIP Project
8857).
RECOMMENDED COUNCIL ACTION:
(1) Approve the plans, specifications, and construction documents for the Hawthorne
Boulevard at Eddinghill/Seamount Left Turn Signal Project (CIP Project 8857);
(2) Approve an additional appropriation of $590,000 from the 1911 Street Lighting Act
Fund for the Project;
(3) Find that the apparent low bidder established that a mistake was made in their bid,
provided written notice to the City within 5 working days after the opening of the
bids detailing how the mistake occurred, and demonstrated that the mistake made
the bid materially different than intended as required by Public Contracts Code §§
5101 & 5103;
(4) Award a construction contract for the Hawthorne Boulevard at
Eddinghill/Seamount Left Turn Signal Project to Alfaro Communications
Construction, Inc., in the amount of $570,968.01, with a contingency of 10%, or
$57,097, for a total amount of up to $628,065; and
(5) Authorize the Mayor and City Clerk to execute the contracts, in forms approved by
the City Attorney.
FISCAL IMPACT: The recommended actions will result in a fiscal impact of up to
$890,000 inclusive of associated professional services costs such as
engineering and construction inspection. The approved Fiscal Year
(FY) 2024-25 Capital Improvement Program (CIP) budget includes
$300,000 from the 1911 Street Lighting Act Fund, and the
recommended action will result in an additional appropriation of
$590,000 from the 1911 Street Lighting Act Fund (1911 Act Fund).
The 1911 Act Fund is a Special Revenue Fund that is restricted for
funding streetlight and traffic signal operations and maintenance
costs. The projected revenues in FY 2024-25 is approximately
$967,600.
The typical operations and maintenance cost for the City’s existing
streetlights and traffic signals, excluding CIP and other special one-
time projects, is estimated at approximately $500,000 annually. This
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includes monthly inspection, testing, repair, and record keeping
associated with streetlights and traffic signals.
The CIP budget varies annually depending on programmed
streetlight and traffic signal improvements. The typical cost to install
a new traffic signal or perform major modifications to an existing
traffic signal is estimated to be approximately $1,000,000, in 2025
dollars. The typical annual maintenance cost for a traffic signal is
approximately $10,000.
The current 1911 Act Fund balance is sufficient to fund the additional
appropriation without decreasing funding for any other currently
approved CIP project or operating expense. Additionally, Staff
believes that there is sufficient ongoing revenue and an adequate
balance to fund the ongoing operations and maintenance, as well as
foreseeable CIP and special one-time projects, of the City’s
streetlights and traffic signals.
Below is a summary of the 1911 Act Fund balance.
Table 1 – Estimated 1911 Street Lighting Act Fund Balance
June 30, 2024 Fund Balance $2,918,461
FY 24-25 Estimated Revenue $967,600
FY 24-25 Estimated Expenditures
Operating Special Projects Budget $666,837
CIP Budget $730,000
Additional Appropriation Project 8857 $590,000
Estimated Balance June 30, 2025 $1,899,224
Staff is requesting an additional appropriation at this time, rather than
making a funding request through the regular CIP budget cycle to
allow construction to proceed as quickly as possible. Under the
regular CIP budget cycle process, new bids would need to be
solicited after adoption of the CIP, which would delay the project by
six months or more. VR
Amount Budgeted: $300,000
Additional Appropriation: $590,000
Account Number(s): 211-400-8857-8XXX (various accounts)
(Fund 1911 Act Street Lighting – Improvements/Prof Tech) VR
ORIGINATED BY: Ramzi Awwad, Public Works Director
REVIEWED BY: Same as above
APPROVED BY: Ara Mihranian, AICP, City Manager
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ATTACHED SUPPORTING DOCUMENTS:
A. Construction Contract with Alfaro Communications Constructions, Inc. for
the Hawthorne Boulevard at Eddinghill/Seamount Left Turn Signal Project
(page A-1)
B. Plans, Specifications, and Construction Documents for the Hawthorne
Boulevard at Eddinghill/Seamount Left Turn Signal Project (page B-1)
C. CIP Sheet for the Hawthorne Boulevard at Eddinghill/Seamount Left Turn
Signal Project (page C-1)
D. January 16, 2024 City Council Meeting.
BACKGROUND:
On January 16, 2024, based on the findings of a traffic study and the Traffic Safety
Committee’s recommendation, the City Council approved the installation of left-turn signal
arrows for Hawthorne Boulevard at Eddinghill Drive/Seamount Drive (Attachment D). The
project was approved as part of the FY 2024-25 Capital Improvement Program (CIP) as
Project 8857 (Attachment C).
The left turn signal design process included extensive community engagement. A list of
interested constituents was created, and regular updates were provided to those
constituents. Additionally, Public Works sought the input of area residents, particularly
with respect to required street lighting, to ensure that an aesthetically appropriate and
context sensitive design was developed.
DISCUSSION:
On December 5, 2024, the City issued a Notice Inviting Bids on the PlanetBids platform,
for a price to construct the Hawthorne Boulevard at Eddinghill/Seamount Left Turn Signal
Project (Attachment B).
Six bids were received by the deadline of January 31, 2025, as shown in Table 2 below.
Table 2: Hawthorne Blvd at Eddinghill/Seamount Left Turn Signal Bid Results
Bidder Bid Amount
Elecnor Belco Electric, Inc. $469,939.00
Alfaro Communications Construction, Inc. $570,968.01
Crosstown Electrical & Data, Inc. $598,789.00
Select Electric, Inc. $625,850.00
PTM General Services, Inc. $727,027.00
Servitek Electric, Inc. $905,197.00
The lowest apparent responsible and responsive bidder was Elecnor Belco Electric, Inc.
(Elecnor) with a bid in the amount of $469,939. However, during the bid evaluation
process, the apparent lowest bidder submitted a formal request to the City seeking
withdrawal from consideration, citing a genuine misunderstanding of the project
specifications that resulted in a significant underbid.
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Staff sought guidance from the City Attorney, who advised that under the California Public
Contract Code, a bidder can withdraw its bid due to a mistake in filling out the bid, but not
due to an error in judgment or carelessness in reading the plans or specifications. In their
bid withdrawal request, Elecnor argues that their request is due to ambiguous language
in the bid documents. The City Attorney concluded that the bidder’s submission
constituted a good faith basis for a legal argument that the bidder’s error was excusable.
Public Works staff are of the opinion that requiring a construction contractor to perform a
project where they are facing potential financial losses from the onset is not likely to result
in a successful project outcome. It is possible that there would be disputes that would
require significant staff time which could be better spent on advancing the City’s projects,
and there could be delays as disputes are resolved.
Based on the guidance of the City Attorney, and the risk of project delays and
performance challenges, Staff recommends that the City Council accept the withdrawal
of the apparent lowest responsive and responsible bidder with a finding that a timely
request for withdrawal was submitted and that the basis for withdrawal met the
requirements of the Public Contracts Code §§ 5101 & 5103 .
Furthermore, to maintain a business-friendly environment and encourage robust
competition in future City projects, staff recommends not pursuing the bid bond against
the withdrawing bidder. Strict enforcement in cases of good-faith errors may discourage
qualified contractors from participating in City bidding opportunities, ultimately reducing
competition and increasing project costs in the long-term.
The City evaluated the second lowest bid and found Alfaro Communications Construction,
Inc. to be a qualified firm.
The cost to design and construct the Project was estimated by the City in early 2024 to
be $300,000 inclusive of construction as well as professional services such as
engineering and construction inspection. However, based on the actual bid results and
quotes for professional services, the total project cost is now estimated to be $890,000 ,
inclusive of professional services such as engineering and construction inspection . Staff
analyzed the difference in the estimated cost and actual bid and quote results. The
following factors were determined to be the reasons for the differ ence:
• Streetlights: Reducing the impact of street lighting on adjacent properties while
meeting industry minimum safety standards required a complete re -design of the
street lighting. The extent of street lighting modifications was not known at the time of
the original cost estimate and became clear during the community engagement
process. This required amending the project scope to include replacement of
streetlight poles, which in two cases also meant replacing some existing traffic signal
mast arms.
• Cabinet and Wiring Updates: The original cost estimate assumed that the existing
traffic signal equipment and cabinets would be used; however, during detailed
engineering, it became evident that the equipment was outdated and needed to be
replaced. A battery backup system is also included in the improvements.
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• Americans with Disabilities (ADA) Act Compliance Improvements: At the time the
project was originally estimated, an update to the Public Rights-of-Way Accessibility
Guidelines (PROWAG) manual, which provides guidelines for ADA compliance, had
just been finalized and new requirements from this update were inadvertently omitted
from the project scope. This required the addition of several items to the project scope
including ADA-compliant curb ramps, median island pedestrian refuges, audible
pedestrian push button posts and associated elements, and other associated
upgrades. This also had the add-on effect of impacting some underground signal wires
in the path of some of these new ADA upgrades, which required relocating the signal
wires. It is important to note that the conduit and wires were aging, and it is more cost
effective to replace them with this project rather than as a separate future effort.
In summary, the original cost estimate assumed the simple addition of left turn signals
without other improvements. During the detailed engineering phase, it became apparent
that additional improvements were necessary to meet minimum design standards. This
will result in a complete update of the signal equipment , which increases the design life
of the signal, and more efficiently updates the aging components.
It is important to note that the cost estimate has no bearing on the actual price the City
must pay to construct the improvements, which are based on market rates as shown in
bids and quotes. In other words, had the cost estimate been more accurate to begin with,
the actual cost to construct the improvements would be no different. Table 3 shows a
budget summary of the project.
Table 3: Hawthorne Blvd at Eddinghill/Seamount Left Turn Signal Budget Summary
Staff expects construction to begin in March 2025 and be complete in December 2025,
barring unforeseen circumstances. The schedule is largely driven by the manufacturing
time of the signal poles and equipment, which must be custom manufactured to meet
project’s exact design measurements. Staff are investigating the possibility of incentives
to accelerate construction; however, at this time, it is not clear that this would result in
faster completion considering the manufacturing times.
8857 - Hawthorne Blvd. at Eddinghill/Seamount Left Turn Signal
Fund Budget Notes
211 300,000.00
Additonal Appropriation requested 211 590,000.00 if approved by City Council
Total 890,000.00
Fund Project Budget
Project-to-Date
Actuals
as of 02-19-2025
Project-to-Date
Committed
as of 02-19-2025
Project
Remaining
Balance
8001 Professional/Technical Services 211 156,935.00 38,440.60 - 118,494.40
8005 Engineering Design Services 211 45,000.00 - - 45,000.00
8006 Inspection Services 211 60,000.00 - - 60,000.00
8802 Other Improvements 211 570,968.00 - - 570,968.00
8802 Other Imps - Contingency 211 57,097.00 - - 57,097.00
Project Total 890,000.00$ 38,440.60$ -$ 851,559.40$
Description
Project Budget Summary
FY24-25 Original Budget
Project Costs Summary
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CONCLUSION:
Staff recommends the City Council approve an additional appropriation of $590,000 from
the 1911 Street Lighting Act Fund and award a construction contract to Alfaro
Communications Construction, Inc. in the amount of $570,968.01, with a contingency of
10%, or $57,097, for a total amount of up to $628,065 to construct the Hawthorne
Boulevard at Eddinghill/Seamount Left Turn Signal Project . (Attachment A)
ALTERNATIVES:
In addition to Staff recommendation, the following alternative action s are available for the
City Council’s consideration:
1. Do not accept the withdrawal request of the lowest bidder and require them to
honor their bid by awarding them the construction contract.
2. Hold the lowest bidder financially accountable for their error by claiming the bid
bond and award the construction contract to the second lowest bidder.
3. Do not award a construction contract and direct Staff to re-solicit construction bids.
4. Take other action, as deemed appropriate.
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01203.0006/300347.1
PUBLIC WORKS AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
ALFARO COMMUNICATIONS CONSTRUCTION, INC.
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AGREEMENT FOR PUBLIC WORKS SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
ALFARO COMMUNICATIONS CONSTRUCTION, INC.
THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made
and entered into on March 4, 2025 by and between the City of Rancho Palos Verdes, a California
municipal corporation (“City”) and Alfaro Communications Construction, Inc. (“Contractor”).
City and Contractor may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Contractor, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the City
to perform those services.
C. Pursuant to the City of Rancho Palos Verdes Municipal Code, City has authority to
enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Contractor for performance of those
services defined and described particularly in Article 1 of this Agreement and desire that the terms
of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made
by the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1. WORK OF CONTRACTOR
1.1 Scope of Work.
In compliance with all terms and conditions of this Agreement, the Contractor shall
provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and
incorporated herein by this reference, which may be referred to herein as the “services” or “work”
hereunder. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the work required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated herein.
Contractor shall at all times faithfully, competently and to the best of its ability, experience and
talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all
materials will be both of good quality as well as fit for the purpose intended. For purposes of this
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Agreement, the phrase “highest professional standards” shall mean those standards of practice
recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Bid Documents.
The Scope of Work shall include the “General Provisions” and “Special Provisions”
in the bid documents for the project entitled _Hawthorne Boulevard and Eddinghill Drive Traffic
Signal Modification, including any documents or exhibits referenced therein (collectively, “bid
documents”), all of which are incorporated herein by this reference. In the event of any
inconsistency between the terms of the bid documents and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Contractor shall keep itself informed concerning, and shall render all services
hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the
City and any Federal, State or local governmental entity having jurisdiction in effect at the time
service is rendered.
1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be
performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations (“DIR”)
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the
extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of
the prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor acknowledges
receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing
rate of per diem wages, and Contractor shall post a copy of the same at each job site where work
is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall
comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning
the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing
wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each
calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined
by the DIR for the work or craft in which the worker is employed for any public work done
pursuant to this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep
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accurate payroll records and verify such records in writing under penalty of perjury, as specified
in Section 1776; certify and make such payroll records available for inspection as provided by
Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the
provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations
Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8)
hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor
Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be
bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work
excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for
each worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant
to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8)
hours per day, and forty (40) hours during any one week shall be permitted upon public work upon
compensation for all hours worked in excess of 8 hours per day at not less than one and one-half
(1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and
3700 provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code Section
1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials ________
(i) Contractor’s Responsibility for Subcontractors. For every
subcontractor who will perform work under this Agreement, Contractor shall be responsible for
such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section
1720) of the California Labor Code, and shall make such compliance a requirement in any contract
with any subcontractor for work under this Agreement. Contractor shall be required to take all
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actions necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Contractor shall obtain at its sole cost and expense such licenses, permits,
registrations, and approvals as may be required by law for the performance of the services required
by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and
taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are
necessary for the Contractor’s performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor
(i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully
considered how the services should be performed, and (iii) fully understands the facilities,
difficulties and restrictions attending performance of the services under this Agreement. If the
services involve work upon any site, Contractor warrants that Contractor has or will investigate
the site and is or will be fully acquainted with the conditions there existing, prior to commencement
of services hereunder.
(b) Contractor shall promptly, and before the following conditions are
disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class
I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent
conditions, materially different from those indicated; or (iii) unknown physical conditions at the
site of any unusual nature, different from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, and will materially affect the
performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that
the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase
in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a
change order per Section 1.10 of this Agreement.
(d) In the event that a dispute arises between City and Contractor
whether the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from any scheduled completion date set, but shall proceed with all
work to be performed under the Agreement. Contractor shall retain any and all rights provided
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either by contract or by law, which pertain to the resolution of disputes and protests between the
contracting parties.
(e) City will compensate Contractor to the extent required by
Government Code Section 4215 by issuing a change order per Section 1.10 of this Agreement.
1.7 Protection and Care of Work and Materials.
The Contractor shall adopt reasonable methods, including providing and
maintaining storage facilities, during the life of the Agreement to furnish continuous protection to
the work, and the equipment, materials, papers, documents, plans, studies and/or other components
thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the work by City, except such losses or damages as caused by City’s
own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall
not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials
which have been installed or delivered and which may be necessary for the completion of the work.
1.8 Warranty.
Contractor warrants all work under the Agreement (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non-conforming materials incorporated into the work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year (or
the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided
by any manufacturer or supplier of equipment or materials incorporated into the work, whichever
is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified
in writing by the City of any defect in the work or non-conformance of the work to the Agreement,
commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty
at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an
emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace
any portions of the work (or work of other contractors) damaged by its defective work or which
becomes damaged in the course of repairing or replacing defective work. For any work so
corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as the City may require to verify that any corrective actions,
including, without limitation, redesign, repairs, and replacements comply with the requirements of
the Agreement. All costs associated with such corrective actions and testing, including the
removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall
be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors,
suppliers and manufacturers with respect to any portion of the work, whether express or implied,
are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not
such warranties and guarantees have been transferred or assigned to the City by separate agreement
and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the
City. In the event that Contractor fails to perform its obligations under this Section, or under any
other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the
City shall have the right to correct and replace any defective or non-conforming work and any
work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
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Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon
demand.
1.9 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all instruments,
prepare all documents and take all actions as may be reasonably necessary to carry out the purposes
of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of
the other.
1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the
services, without invalidating this Agreement, to order extra work beyond that specified in the
Scope of Work or make changes by altering, adding to or deducting from said work. No such extra
work may be undertaken unless a written change order is first given by the Contract Officer to the
Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to
perform this Agreement, which said adjustments are subject to the written approval of the
Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract
Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the
Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one
hundred eighty (180) days; and does not materially affect the Work and which are not detrimental
to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater
increases, taken either separately or cumulatively, must be approved by the City Council.
(c) Any adjustment in the Contract Sum for a Change Order must be in
accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the rates in
the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such
work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract
Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work
of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of
workers and subcontractors performing the work for the Change Order at the time such work is
done. The use of labor classifications that would increase the cost of such work shall not be
permitted.
(ii) Materials and Equipment: the cost of materials and
equipment shall be at cost to Contractor or lowest current price which such materials and
equipment are reasonably available at the time the work is done, whichever is lower.
(iii) If the cost of the extra work cannot be agreed upon, the
Contractor must provide a daily report that includes invoices for labor, materials and equipment
costs for the work under the Change Order. The daily report must include: list of names of workers,
classifications, and hours worked; description and list of quantities of materials used; type of
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equipment, size, identification number, and hours of operation, including loading and
transportation, if applicable; description of other City authorized services and expenditures in such
detail as the City may require. Failure to submit a daily report by the close of the next working day
may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day.
(d) It is expressly understood by Contractor that the provisions of this
Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor
hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope
of Work may be more costly or time consuming than Contractor anticipates and that Contractor
shall not be entitled to additional compensation therefor. City may in its sole and absolute
discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for
performance shall be valid unless the procedures established in this Section are followed.
1.11 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part
hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any
other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor
the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and
incorporated herein by this reference. The total compensation, including reimbursement for actual
expenses, shall not exceed $570,968.01 (Five Hundred Seventy Thousand Nine Hundred Sixty
Eight Dollars and One Cent) (the “Contract Sum”), unless additional compensation is approved
pursuant to Section 1.10.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon
completion; (ii) payment in accordance with specified tasks or the percentage of completion of the
services less the contract retention; (iii) payment for time and materials based upon the
Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates
are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the
Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of
Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures
for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer
in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
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and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contractor at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall
not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Contractor shall furnish to City an original invoice for all work
performed and expenses incurred during the preceding month in a form approved by City’s
Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is
certifying compliance with all provisions of the Agreement. The invoice shall contain all
information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses
by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and
sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Contractor shall not invoice City for any duplicate services performed by more than one person.
City shall, as soon as practicable, independently review each invoice submitted by
the Contractor to determine whether the work performed and expenses incurred are in compliance
with the provisions of this Agreement. Except as to any charges for work performed or expenses
incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause
Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed
invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures,
the City cannot guarantee that payment will occur within this time period. In the event that City
does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and
properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent
allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are
disputed by City, the original invoice shall be returned by City to Contractor, not later than seven
(7) days after receipt by the City, for correction and resubmission. Returned invoices shall be
accompanied by a document setting forth in writing the reasons why the payment request was
rejected. Review and payment by the City of any invoice provided by the Contractor shall not
constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed
to waive any defects in work performed by Contractor.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Contractor shall commence the services pursuant to this Agreement upon receipt of
a written notice to proceed and shall perform all services within the time period(s) established in
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the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this
reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall
be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Inspection and Final Acceptance.
City may inspect and accept or reject any of Contractor’s work under this
Agreement, either during performance or when completed. City shall reject or finally accept
Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a
timely written acceptance, otherwise work shall be deemed to have been rejected. City’s
acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such
gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver
of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining
to warranty and indemnification and insurance, respectively.
3.5 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this
Agreement shall continue in full force and effect until completion of the services but not exceeding
170 working days from the date hereof, except as otherwise provided in the Schedule of
Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Contractor.
The following principals of Contractor (“Principals”) are hereby designated as
being the principals and representatives of Contractor authorized to act in its behalf with respect
to the work specified herein and make all decisions in connection therewith:
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Hugo Alfaro President and Treasurer
(Name) (Title)
Mayra Martinez Vice President and Secretary
(Name) (Title)
Jose Mendoza Project Supervisor
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation
of the foregoing Principals were a substantial inducement for City to enter into this Agreement.
Therefore, the Principals shall be responsible during the term of this Agreement for directing all
activities of Contractor and devoting sufficient time to personally supervise the services hereunder.
All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive
direction and control of the Principals. For purposes of this Agreement, the Principals may not be
replaced nor may their responsibilities be substantially reduced by Contractor without the express
written approval of City. Additionally, Contractor shall make every reasonable effort to maintain
the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform
the services required under this Agreement. Contractor shall notify City of any changes in
Contractor’s staff and subcontractors, if any, assigned to perform the services required under this
Agreement, prior to and during any such performance.
4.2 Status of Contractor.
Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Contractor shall not at any time or in any manner represent
that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials,
officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers,
employees or agents, shall obtain any rights to retirement, health care or any other benefits which
may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be [the Director of Public
Works_____________________________ or] such person as may be designated by the City
Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept
informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by City to the Contract Officer. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Officer. The
Contract Officer shall have authority, if specified in writing by the City Manager, to sign all
documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner,
mode or means by which Contractor, its agents or employees, perform the services required herein,
except as otherwise set forth herein. City shall have no voice in the selection, discharge,
supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. Contractor shall perform all services required
herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall
not at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or otherwise or a joint venturer or a member of any joint
enterprise with Contractor.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Contractor, its principals
and employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Contractor shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. All subcontractors shall
obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including
from the City) as may be required by law for the performance of any services or work under this
Agreement. In addition, neither this Agreement nor any interest herein may be transferred,
assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for
the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more
than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all
transfers into account on a cumulative basis. In the event of any such unapproved transfer,
including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall
release the Contractor or any surety of Contractor of any liability hereunder without the express
consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Without limiting Contractor’s indemnification of City, and prior to commencement
of any services under this Agreement, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts described
below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that has
not been amended. Any endorsement restricting standard ISO “insured contract” language will not
be accepted.
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(b) Automobile liability insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Contractor arising out of or in connection with Services
to be performed under this Agreement, including coverage for any owned, hired, non-owned or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Contractor shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Contractor agrees to maintain continuous coverage through a period no less than
three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at
least $1,000,000).
(e) Subcontractors. Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers’ compensation. Insurance certificates and endorsements must be
approved by City’s Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Contractor shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Services hereunder by
Contractor, its agents, representatives, employees or subcontractors.
(c) Primary/noncontributing. Coverage provided by Contractor shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City’s own insurance or self-insurance shall
be called upon to protect it as a named insured.
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(d) City’s rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient
to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance or
that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned
policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in
accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the
City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against
City, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
(g) Enforcement of contract provisions (non-estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a given issue and
is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or
a waiver of any type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained by the
Contractor. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Contractor agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall
be additional insureds under such policies. This provision shall also apply to any excess/umbrella
liability policies.
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(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(l) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer’s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Contractor agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Contractor, provide the same minimum insurance coverage and endorsements
required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the requirements of
this section. Contractor agrees that upon request, all agreements with consultants, subcontractors,
and others engaged in the project will be submitted to City for review.
(n) Agency’s right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Contractor ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contractor, the City and Contractor may renegotiate
Contractor’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Contractor’s performance
under this Agreement, and that involve or may involve coverage under any of the required liability
policies.
(q) Additional insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Contractor agrees to indemnify, defend and
hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims
or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein of
Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity
for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’
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reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance
of or failure to perform any term, provision, covenant or condition of this Agreement, and in
connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the
City, its officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations or
activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers,
agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a
party to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys’ fees.
In addition, Contractor agrees to indemnify, defend and hold harmless the
Indemnified Parties from, any and all claims and liabilities for any infringement of patent rights,
copyrights or trademark on any person or persons in consequence of the use by the Indemnified
Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor
is not the patentee or assignee or has not the lawful right to sell the same.
Contractor shall incorporate similar indemnity agreements with its subcontractors
and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore,
and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Contractor in the performance of professional
services and work hereunder. The provisions of this Section do not apply to claims or liabilities
occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence,
except that design professionals’ indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Contractor and shall survive
termination of this Agreement.
5.4 Notification of Third-Party Claims.
City shall timely notify Contractor of the receipt of any third-party claim relating
to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable
costs incurred in providing such notification.
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5.5 Performance and Labor Bonds.
Concurrently with execution of this Agreement Contractor shall deliver to the City,
the following:
(a) A performance bond in the amount of the Contract Sum of this
Agreement, in the form provided by the City Clerk, which secures the faithful performance of this
Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of
this Agreement, in the form provided by the City Clerk, which secures the payment of all persons
furnishing labor and/or materials in connection with the work under this Agreement.
Both the performance and labors bonds required under this Section 5.5 shall contain
the original notarized signature of an authorized officer of the surety and affixed thereto shall be a
certified and current copy of his power of attorney. The bond shall be unconditional and remain in
force during the entire term of the Agreement and shall be null and void only if the Contractor
promptly and faithfully performs all terms and conditions of this Agreement and pays all labor and
materials for work and services under this Agreement.
5.6 Sufficiency of Insurer or Surety.
Insurance and bonds required by this Agreement shall be satisfactory only if issued
by companies qualified to do business in California, rated “A” or better in the most recent edition
of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Risk Manager
of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more
than 3 years duration, or in the event the Risk Manager determines that the work or services to be
performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk
Manager.
5.7 Substitution of Securities.
Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent
securities for any funds withheld to ensure performance under this Agreement may be permitted
at the request and sole expense of the Contractor. Alternatively, the Contractor may, pursuant to
an escrow agreement in a form prescribed by Public Contract Code Section 22300, request
payment of retentions funds earned directly to the escrow agent at the sole expense of the
Contractor.
5.8 Release of Securities.
City shall release the Performance and Labor Bonds when the following have occurred:
(a) Contractor has made a written request for release and provided
evidence of satisfaction of all other requirements under Article 5 of this Agreement;
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(b) the Work has been accepted; and
(c) after passage of the time within which lien claims are required to be
made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor
Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise
as required by applicable law.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Contractor shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of
payroll records in compliance with all applicable laws, or other documents relating to the
disbursements charged to City and services performed hereunder (the “books and records”), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete and
detailed. The Contract Officer shall have full and free access to such books and records at all times
during normal business hours of City, including the right to inspect, copy, audit and make records
and transcripts from such records. Such records shall be maintained for a period of 3 years
following completion of the services hereunder, and the City shall have access to such records in
the event any audit is required. In the event of dissolution of Contractor’s business, custody of the
books and records may be given to City, and access shall be provided by Contractor’s successor
in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in
providing access to the books and records if a public records request is made and disclosure is
required by law including but not limited to the California Public Records Act.
6.2 Reports.
Contractor shall periodically prepare and submit to the Contract Officer such
reports concerning the performance of the services required by this Agreement as the Contract
Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the
cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor
agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that
may or will materially increase or decrease the cost of the work or services contemplated herein
or, if Contractor is providing design services, the cost of the project being designed, Contractor
shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Contractor is providing design
services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data,
notes, computer files, reports, records, documents and other materials (the “documents and
materials”) prepared by Contractor, its employees, subcontractors and agents in the performance
of this Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim
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for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City’s sole risk
and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to
such use, reuse or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors
shall provide for assignment to City of any documents or materials prepared by them, and in the
event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages
resulting therefrom. Moreover, Contractor with respect to any documents and materials that may
qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are
hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) information gained or work product produced by Contractor in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Contractor. Contractor shall not release or disclose any such
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall
not, without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided
Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of
Contractor, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Contractor for any damages, costs and
fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work performed
there under. City retains the right, but has no obligation, to represent Contractor or be present at
any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and
to provide City with the opportunity to review any response to discovery requests provided by
Contractor. However, this right to review any such response does not imply or mean the right by
City to control, direct, or rewrite said response.
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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and
to performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Contractor covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes.
(a) Default; Cure. In the event that Contractor is in default under the
terms of this Agreement, the City shall not have any obligation or duty to continue compensating
Contractor for any work performed after the date of default. Instead, the City may give notice to
Contractor of the default and the reasons for the default. The notice shall include the timeframe in
which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may
be extended, though not reduced, if circumstances warrant. During the period of time that
Contractor is in default, the City shall hold all invoices and shall proceed with payment on the
invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect
to pay some or all of the outstanding invoices during the period of default. If Contractor does not
cure the default, the City may take necessary steps to terminate this Agreement under this Article.
Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed
to result in a waiver of the City’s legal rights or any rights arising out of any provision of this
Agreement.
(b) Dispute Resolution. This contract is subject to the provisions of
Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract
Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates
certain procedures for the filing of claims and supporting documentation by the Contractor, for the
response to such claims by the City, for a mandatory meet and confer conference upon the request
of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and
for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This
Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
7.3 Retention of Funds.
Contractor hereby authorizes City to deduct from any amount payable to Contractor
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s
obligation under this Agreement. In the event that any claim is made by a third party, the amount
or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear
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to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of City
to exercise such right to deduct or to withhold shall not, however, affect the obligations of the
Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of
the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise by either
party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in
law or in equity, to cure, correct or remedy any default, to recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any
contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905
et seq. and 910 et seq., in order to pursue a legal action under this Agreement .
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum
of One Thousand Dollars ($1,000) as liquidated damages for each calendar day of delay in the
performance of any service required hereunder, as specified in the Schedule of Performance
(Exhibit “D”). The City may withhold from any monies payable on account of services performed
by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215,
Contractor shall not be assessed liquidated damages for delay in completion of the project when
such delay was caused by the failure of the public agency or owner of the utility to provide for
removal or relocation of utility facilities.
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7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically
provided in the following Section for termination for cause. The City reserves the right to terminate
this Contract at any time, with or without cause, upon fourteen (14) days’ written notice to
Contractor, except that where termination is due to the fault of the Contractor, the period of notice
may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days’ written notice to City, except that where termination is due to the fault of the City, the period
of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of
termination, Contractor shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Except where the Contractor has initiated
termination, the Contractor shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated
termination, the Contractor shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the opportunity
to cure pursuant to Section 7.2.
7.9 Termination for Default of Contractor.
If termination is due to the failure of the Contractor to fulfill its obligations under
this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such
damages), and City may withhold any payments to the Contractor for the purpose of set-off or
partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to
any action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s
fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed
to have accrued on commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment.
7.11 Unfair Business Practices Claims.
In entering into this Agreement, Contractor offers and agrees to assign to the City
all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton
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Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700)
of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods,
services or materials related to this Agreement. This assignment shall be made and become
effective at the time the City renders final payment to the Contractor without further
acknowledgment of the Parties.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Contractor, or
any successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Contractor or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Contractor covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Contractor’s performance of services under
this Agreement. Contractor further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Contractor agrees to at all times avoid
conflicts of interest or the appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any decision
relating to the Agreement which effects his financial interest or the financial interest of any
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
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such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions
imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing
and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City
Manager and to the attention of the Contract Officer (with her/his name and City title), City of
Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, CA 90275 and in the
case of the Contractor, to the person at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All
correspondence relating to this Agreement shall be serialized consecutively.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of
the language used and shall not be construed for or against either party by reason of the authorship
of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed
to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and
exclusive expression of the understanding of the parties. It is understood that there are no oral
agreements between the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the parties, and none shall be used to interpret this Agreement. No amendment to or
modification of this Agreement shall be valid unless made in writing and approved by the
Contractor and by the City Council. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
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Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives either
party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect,
in this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in
violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
“financial interest” shall be consistent with State law and shall not include interests found to be
“remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s),
or other conduct or collusion that would result in the payment of any money, consideration, or
other thing of value to any third party including, but not limited to, any City official, officer, or
employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is
aware of and understands that any such act(s), omission(s) or other conduct resulting in such
payment of money, consideration, or other thing of value will render this Agreement void and of
no force or effect.
Contractor’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that
(i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
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01203.0006/300347.1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
____________________________________
David Bradley, Mayor
ATTEST:
Teresa Takaoka, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
William W. Wynder, City Attorney
CONTRACTOR:
ALFARO COMMUNICATIONS
CONSTRUCTION, INC.
By: _______________________________
Name: Hugo Alfaro
Title: President and Treasurer
By: _________________________________
Name: Mayra Martinez
Title: Vice President and Secretary
Address:15614 S Atlantic Ave
Compton, CA 90221
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
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01203.0006/300347.1
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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01203.0006/300347.1
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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01203.0006/300347.1 A-1
EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and
requirements in the “General Provisions” and “Special Provisions” included in the bid
documents for the project entitled Hawthorne Boulevard and Eddinghill Drive Traffic
Signal Modification, including any documents or exhibits referenced therein.
II. Brief description of the work to be performed:
The work comprises without limitation, furnishing all necessary labor, materials,
equipment, and other incidental and appurtenant work necessary to upgrade the existing
traffic signal to accommodate protected left turn operations and upgrade the intersection’s
curb ramps and other work as detailed in the Plans (Appendix 1) and Special Provisions.
Due to work to be conducted in congested tight space, provide safe access to and from the
adjacent house and the public affected by this work.
III. In addition to the requirements of Section 6.2, during performance of the work, Contractor
will keep the City apprised of the status of performance by delivering the following status
reports:
A. Baseline Schedule
B. Daily Report
C. Weekly Construction Report and Weekly Updated Schedule
IV. All work is subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by
City.
V. Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic
in accordance with the Work Area Traffic Control Handbook (WATCH) and California
Manual of Uniform Traffic Control Devices (CA MUTCD), latest edition.
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01203.0006/300347.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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01203.0006/300347.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of
Contractor’s Proposal, and listed below:
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01203.0006/300347.1 C-3
II. A retention of five percent (5%) shall be held from each payment as a contract retention to
be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the
Contract Officer, funds may be shifted from one item’s subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per
Section 1.10.
IV. The City will compensate Contractor for the Services performed upon submission of a
valid invoice.
V. The total compensation for the Services shall not exceed $570,968.01 as provided in
Section 2.1 of this Agreement.
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01203.0006/300347.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all work for Hawthorne Boulevard and Eddinghill Drive
Traffic Signal Modification starting on the Notice to Proceed date and shall complete the
project within 170 working days. Prior to the Notice to Proceed, the Contractor must submit
a project Baseline Schedule for approval.
II. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
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01203.0006/300347.1 D-1
PERFORMANCE BOND
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a
bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound
Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things
stand and abide by, well and truly keep and perform all undertakings, terms, covenants,
conditions, and agreements in the said Contract and any alteration thereof, made as therein
provided, all within the time and in the manner designated and in all respects according to their
true intent and meaning, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration, or modification of the Contract Documents or of the work
to be performed thereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of such change, extension of time, alteration, or modification of the
Contract Documents or of the work to be performed thereunder.
Executed on 20___.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
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01203.0006/300347.1 D-2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
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01203.0006/300347.1
PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF RANCHO PALOS VERDES, (“City”), has awarded to
__________________________________, as Contractor (“Principal”), a Contract for the
work entitled and described as
follows:__________________________________________________;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said
Contract, to secure the payment of claims of laborers, mechanics, material men, and other
persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly
bound unto the City in the sum of ________________________________________
($______________), this amount being not less than one hundred percent (100%) of the total
Contract price, lawful money of the United States of America, for payment of which sum well
and truly be made we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety
will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its
heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any
work, materials, services, provisions, provender, or other supplies, or for the use of implements
of machinery, used in, upon, for, or about the performance of the work to be done, or for any
work or labor thereon of any kind; (2) for work performed by any of the persons named in
Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code
with respect to work or labor performed under the contract; and/or (4) for any amounts required
to be deducted, withheld, and paid over to the Employment Development Department from the
wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of
the Unemployment Insurance Code with respect to such work and labor, then the Surety herein
will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the
above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section
9100 so as to give a right of action to such persons or their assigns in any suit brought upon
the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is
required to engage the services of an attorney in connection with the enforcement of this bond,
each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition
to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration, or modification of the Contract Documents or of the work to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice
of such change, extension of time, alteration, or modification of the Contract Documents or of
the work to be performed thereunder.
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01203.0006/300347.1
Executed on , 20____.
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to
do business in and have an agent for service of process in California. Certified copy of Power
of Attorney must be attached.
A-38
01203.0006/300347.1
WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Rancho Palos Verdes
Project: _____________________________________________
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in
conformance with the requirements of Article 5 of the Contract and is in force at this time, and is
in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to
any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$_________________ Each Accident
$_________________ Disease - Policy Limit
$_________________ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
A-39
01203.0006/300347.1
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate
holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed
herein.
This is to certify that the policy has been issued to the named insured for the policy period
indicated, notwithstanding any requirement, term, or condition of any contract or other document
with respect to which this certificate may be issued or may pertain, the insurance afforded by the
policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called
for is provided by more than one insurance company, a separate certificate in the exact above form
shall be provided for each insurance company.
A-40
01203.0006/300347.1
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereof. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
A-41
01203.0006/300347.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager, City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California
90275.
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage
□ Products/Completed Operations □ Pollution Liability
□ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of
Policy Number .
(signatures on following page)
A-42
01203.0006/300347.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
A-43
01203.0006/300347.1
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
A-44
01203.0006/300347.1
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □
12. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except: (if none, so state). The deductible is applicable □
per claim or □ per occurrence (check one).
13. This is an □ occurrence or □ claims made policy (check one).
14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
(signatures on following page)
A-45
01203.0006/300347.1
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
A-46
01203.0006/300347.1
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured (“Named Insured”)
Name and address of Insurance Company (“Company”)
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the
“Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional
insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under
the Policy in relation to those activities described generally above with regard to operations performed by
or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any
premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute
with the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by
one insured under the policy against another insured under the policy. All such claims shall be covered as
third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named
Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction
with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional
Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty
(30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice
provision, the policy as initially drafted will continue in full force and effect until compliance with this
notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with regard
to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or
subsequent active or passive negligence by the Additional Insureds.
A-47
01203.0006/300347.1
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement, nothing contained herein
shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which
this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
□ Following Form
□ Umbrella Liability
□
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions, exclusions, extensions or specific provisions relate to the above
coverages:
13. A □ deductible or □ self-insured retention (check one) of $
applies to all coverage(s) except:
(if none, so state). The deductible is applicable □ per claim or □ per occurrence (check one).
14. This is an □ occurrence or □ claims made policy (check one).
15. This endorsement is effective on at 12:01 a.m. and forms a part of Policy
Number .
A-48
01203.0006/300347.1
(signatures on following page)
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California, that I have the authority to bind
the Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
A-49
City of Rancho Palos Verdes, California
Contract Documents
For
Construction of
Hawthorne Boulevard and Eddinghill Drive Traffic Signal
Modification
City of Rancho Palos Verdes
Public Works Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
(310) 544-5252
Approved on December , 2025
Mayor, David Bradley
Mayor Pro Tem, Paul Seo
Councilmember, Barbara Ferraro BY______________________________
Councilmember, George Lewis Ramzi Awwad
Councilmember, Stephen Perestam Director of Public Works
Department of Public Works
B-1
TABLE OF CONTENTS
NOTICE INVITING SEALED BIDS
1. BACKGROUND/DESCRIPTION OF WORK .................................................................................... NC – 1
2. COMPLETION OF WORK ............................................................................................................. NC – 1
3. REQUEST FOR CLARIFICATION ................................................................................................... NC – 1
4. PREVAILING WAGES ................................................................................................................... NC – 1
5. LICENSE ....................................................................................................................................... NC – 2
6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS ...................................... NC – 2
7. RETENTION SUBSTITION ............................................................................................................ NC – 2
8. LIQUIDATED DAMAGES .............................................................................................................. NC – 2
9. BIDDING PROCESS.………………………………………………………………………………………………………………..NC – 2
INSTRUCTIONS TO BIDDERS
1. FORM OF PROPOSAL ....................................................................................................................... i –1
2. DELIVERY OP PROPOSALS ................................................................................................................ i –1
3. MODIFICATIONS AND ALTERNATIVE PROPOSALS ........................................................................... i –1
4. WITHDRAWAL OF PROPOSAL .......................................................................................................... I –1
5. BIDDER’S SECURITY ......................................................................................................................... i –1
6. APPROXIMATE ESTIMATE..………………………………………………………………………………………………..……….i –1
7. CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES……………………………… i –2
8. ADDENDA ........................................................................................................................................ i –4
9. DISCREPANCIES IN PROPOSALS ....................................................................................................... i –4
10. COMPETENCY OF BIDDERS .............................................................................................................. i –5
11. BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS ................................................... i –5
12. DISQUALIFICATION OF BIDDERS ..................................................................................................... i –5
13. RETURN OF BID SECURITY ............................................................................................................... i –5
14. AWARD OF CONTRACT .................................................................................................................... i –5
15. ALTERNATES .................................................................................................................................... i –6
16. LISTING SUBCONTRACTOR .............................................................................................................. i –6
17. EXECUTION OF AGREEMENT…………………………………………………………………………………………………….. i –6
18. INSURANCE AND BONDS …………………………………………………………………………………………………………. i –6
B-2
19. TELEPHONES……………………………………………………………………………………………..……………………………… i –6
20. INTERPRETATION OF PLANS AND DOCUMENTS………………………………………………………………………….i –6
21. SALES AND/OR USE TAXES…………………………………………………………………………………..……………………. i –7
22. NON-COLLUSION AFFIDAVIT………………………………………………………………………………....…………………..i –7
23. EXECUTION OF THE CONTRAC ……………………………………………………………………………………………………i –7
24. CONTRACT BONDS ……………………………………………………………………………………………………………………i –7
25. INSURANCE ……………………………………………………………………………………………………………………………i –7
26. COMPLIANCE WITH PROVISIONS OF THE PUBLIC CONTRACT……………………………………………………..i –7
27. REJECTION OF BIDS…………………………………………………………………………………………………………………....i –7
GENERAL PROVISIONS
A. PROJECT PROVISIONS....................................................................................................................GP –1
1. UNITS OF MEASURE .....................................................................................................................GP –1
B. LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY .................................................................GP –1
1. LAWS TO BE OBSERVED ...............................................................................................................GP –1
2. SOCIAL SECURITY REQUIREMENTS ..............................................................................................GP –1
3. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS ........................................GP –1
4. COMPLIANCE MONITORING AND POSTING JOB SITES ................................................................GP –2
5. PREVAILING WAGES .....................................................................................................................GP –2
6. PENALTIES ....................................................................................................................................GP –2
7. WORKING WEEK ...........................................................................................................................GP –2
8. APPRENTICES ................................................................................................................................GP –2
9. LICENSE OF CONTRACTORS ..........................................................................................................GP –3
10. PERMITS AND LICENSES ...............................................................................................................GP –3
11. PATENTS .......................................................................................................................................GP –3
12. INDEMNITY ...................................................................................................................................GP –3
13. NOTICE .........................................................................................................................................GP –3
14. CONTRACTOR’S RESPONSIBILITY FOR WORK...............................................................................GP –3
15. MAINTENANCE AND GUARANTEE ...............................................................................................GP –4
16. COOPERATION .............................................................................................................................GP –4
C. PROSECUTION AND PROGRESS OF THE WORK ...........................................................................GP –5
1. WORK SCHEDULE .........................................................................................................................GP –5
2. SUBLETTING AND ASSIGNMENT ..................................................................................................GP –5
3. CHARACTER OF WORKERS ...........................................................................................................GP –5
B-3
4. AGENTS OR FOREMAN .................................................................................................................GP –5
5. TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES ............................................................GP –5
6. TIME OF COMPLETION AND LIQUIDATED DAMAGES ..................................................................GP –6
7. SUSPENSION OF CONTRACT .........................................................................................................GP –6
D. MEASUREMENT AND PAYMENT ..................................................................................................GP –7
1. MEASUREMENT AND PAYMENT ..................................................................................................GP –7
2. FINAL INVOICE AND PAYMENT ....................................................................................................GP –7
3. EXTRA WORK ................................................................................................................................GP –7
4. UNPAID CLAIMS ...........................................................................................................................GP –8
5. ACCEPTANCE ................................................................................................................................GP –8
E. CONTROL OF WORK ......................................................................................................................GP –9
1. AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS......................................................................GP –9
2. CONFORMITY WITH PLANS AND ALLOWABLE VARIATION ..........................................................GP –9
3. PROGRESS OF THE WORK ............................................................................................................GP –9
4. SAMPLES ......................................................................................................................................GP –9
5. TRADE NAMES AND ALTERNATIVES .......................................................................................... GP –10
6. PROTECTION OF WORK ............................................................................................................. GP –10
7. CONFLICT OF TERMS ................................................................................................................. GP –10
8. INTERPRETATION OF PLANS AND SPECIFICATIONS .................................................................. GP –10
9. INCREASES AND DECREASES OF THE WORK TO BE DONE ........................................................ GP –10
10. ALTERATIONS OF THE WORK TO BE DONE ............................................................................... GP –11
11. EXTRA WORK ............................................................................................................................. GP –11
12. PUBLIC UTILITIES ....................................................................................................................... GP –11
13. PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY ........................................................ GP –12
14. REMOVAL OF INTERFERING OBSTRUCTIONS ............................................................................ GP –12
15. QUALITY OF MATERIAL ............................................................................................................. GP –12
16. REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK .............................................................. GP –12
17. SUPERVISION ............................................................................................................................. GP –13
18. SOIL COMPACTION TESTING ..................................................................................................... GP –13
19. PRESERVATION OF PROPERTY................................................................................................... GP –13
20. DUST CONTROL ......................................................................................................................... GP –13
21. SELECTED MATERIALS ............................................................................................................... GP –14
22. SURPLUS MATERIALS ................................................................................................................ GP – 14
B-4
23. CLEAN UP .................................................................................................................................. GP – 14
24. EQUIPMENT REQUIREMENTS ................................................................................................... GP – 14
25. PROTECTION OF WORK AND PUBLIC ........................................................................................ GP – 14
26. SPRINKLER SYSTEMS & LANDSCAPING ..................................................................................... GP – 15
27. CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER ................................................. GP – 15
28. WORK AFTER REGULAR HOURS ................................................................................................ GP – 15
29. CONTRACTOR’S DAILY REPORTS ............................................................................................... GP – 16
30. REQUEST FOR WORKING DAYS ................................................................................................. GP – 16
31. DEFECTIVE MATERIALS .............................................................................................................. GP – 16
32. SOUND AND VIBRATION CONTROL REQUIREMENTS ................................................................ GP – 16
33. AIR POLLUTION CONTROL ......................................................................................................... GP – 17
34. FINAL CLEAN UP ........................................................................................................................ GP – 17
35. CONTRACTOR’S REQUEST FOR FINAL INSPECTION ................................................................... GP –17
36. RESOLUTION OF PUBLIC WORKS CLAIMS ................................................................................. GP –17
37. TRENCHES AND EXCAVATIONS ................................................................................................. GP - 18
38. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS ............................. GP –18
SPECIAL PROVISIONS
A. GENERAL PROJECT INFORMATION ............................................................................................. SP – 1
1. REQUIREMENTS .......................................................................................................................... SP – 1
2. DEFINITION OF TERMS ................................................................................................................ SP – 1
3. PROJECT PLANS ........................................................................................................................... SP – 1
4. SCOPE OF WORK ......................................................................................................................... SP – 2
5. NOTICE TO PROCEED ................................................................................................................... SP – 2
6. UTILITIES ...................................................................................................................................... SP – 4
7. STREET CLOSURES ....................................................................................................................... SP – 3
8. CONFERENCE ............................................................................................................................... SP – 4
9. PUBLIC CONVENIENCE AND SAFETY ........................................................................................... SP – 4
10. SANITARY CONVENIENCE ............................................................................................................ SP – 8
11. CONSTRUCTION YARD ................................................................................................................. SP – 8
12. EQUIPMENT REQUIREMENTS ...................................................................................................... SP –9
13. PRESERVATION OF PROPERTY..................................................................................................... SP – 9
B-5
14. NPDES COMPLIANCE/WATER POLLUTION CONTROL ................................................................. SP – 9
15. SAFETY, SANITARY AND MEDICAL REQUIREMENTS ................................................................... SP –12
16. ELECTRICAL POWER ................................................................................................................... SP –12
17. PROTECTION OF UNDERGROUND FACILITIES ............................................................................ SP –12
18. AIR POLLUTION CONTROL .......................................................................................................... SP –12
19. PROJECT APPEARANCE ............................................................................................................... SP –13
20. WORK HOURS............................................................................................................................. SP –13
21. SCHEDULE AND PUBLIC NOTICES ............................................................................................... SP –14
22. PHOTOGRAPHIC SURVEY OF ALL EXISTING CONDITIONS .......................................................... SP –15
23. MOBILIZATION ........................................................................................................................... SP –15
B. PROJECT SPECIAL PROVISIONS ................................................................................................... SP –17
1- GENERAL ....................................................................................................................................... SP –17
2 - FURNISH AND APPLY WATER ....................................................................................................... SP –20
3 - UNCLASSIFIED EXCAVATION ........................................................................................................ SP –20
4 - CLEARING AND GRUBBING .......................................................................................................... SP –21
5 - BEST MANAGEMENT PRACTICES ................................................................................................. SP –21
6- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS .............................................. SP – 21
7 - REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK ................................................................ SP - 22
8 - APPURTENANT WORK ................................................................................................................. SP –22
9 - INSPECTION BY CITY .................................................................................................................... SP –22
10 - CLEANUP .................................................................................................................................... SP –22
11 - CONSTRUCTION WATER: ........................................................................................................... SP –23
12 - STORAGE SITES: ......................................................................................................................... SP –23
13 – FENCE CONSTRUCTION ............................................................................................................. SP –23
14 – SITE RESTORATION ................................................................................................................... SP –24
15 – FIELD CONDITIONS .................................................................................................................... SP –24
Temporary Traffic Control ............................................................................................................... SP –26
STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS ....................................................................... SP –29
MEASUREMENT AND PAYMENT…………………………………………………………………………………………..….SP –34
PROPOSAL PACKAGE & CHECKLIST
1. PROPOSAL PRICES ...........................................................................................................................P-1
2. BID SHEET ........................................................................................................................................P-2
3. BID SCHEDULE .................................................................................................................................P-3
B-6
4. INFORMATION REQUIRED OF BBIDDER ....................................................................................…….P-5
5. REFERENCES ..................................................................................................................................P-07
6. STATEMENT REGARDING CONTRACTOR LICENSING LAWS .......................................................….P-11
7. RESUME .........................................................................................................................................P-13
8. DESIGNATION OF SUBCONTRACTORS ...........................................................................................P-14
9. INDUSTRIAL SAFETY RECORD FORM ..............................................................................................P-15
10. BID BOND .....................................................................................................................................P-16
11. NONCOLLUSION DECLARATION .................................................................................................. P-18
12. ACKNOWLEDGMENT OF ADDENDA .............................................................................................P-19
13. BIDDER STATISTICAL INFORMATION ............................................................................................P-20
CONTRACT PACKAGE
PUBLIC WORKS AGREEMENT ............................................................................................................... C-1
CHECKLIST FOR EXECUTION OF INSTRUMENTS ……..............................................................................C-1
COMPLIANCE WITH CA LABOR LAWS AGREEMENT ........................................................................... C-3
INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES ………........................................ C-13
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT ................................................................... C-15
PERFORMANCE BOND ........................................................................................................................C-33
PAYMENT BOND ................................................................................................................................ C-35
WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE ................................................................ C-37
ADDITIONAL INSURED ENDORSEMENT - COMPREHENSIVE GENERAL LIABILITY ............................... C-39
ADDITIONAL INSURED ENDORSEMENT - AUTOMOBILE LIABILITY ..................................................... C-42
ADDITIONAL INSURED ENDORSEMENT - EXCESS LIABILITY................................................................ C-44
APPENDIX I: PLANS
APPENDIX II: MATERIAL RECYCLE PACKET
APPENDIX III: TRASH PICKUP
APPENDIX IV: STREET SWEEPING SCHEDULE
APPENDIX V: STREET NAME SIGN SPECIFICATIONS
APPENDIX VI: SCHOOL DISTRICT CALENDAR
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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, as the case may be, shall be forfeited to the City. No
bidder’s bond will be accepted unless it conforms substantially to the form set forth as
required.
APPROXIMATE ESTIMATE: The quantities shown in the proposal form shall be
considered as approximate only, being listed therein for the purpose of serving as a
general indication of the amount of work or materials to be performed or furnished, and
as a basis for the comparison of bids; and the City does not guarantee nor agree, either
expressly or by implication, that the actual amount required will correspond therewith, but
reserves the right to increase or decrease the amount of any item or portion of work or
material to be performed or furnished, or to omit any such item or portion, in accordance
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with the Special Provisions or Standard Specifications, under which the work is to be
constructed, without any way invalidating the contract, should such increase, decrease or
omission be deemed necessary or expedient. The quantity distribution tables included in
the Appendix are provided to generally assist in defining the work and should be
considered to be approximate only.
CONSTRUCTION SCHEDULE, PROGRESS OF WORK, LIQUIDATED DAMAGES:
The following is the project schedule showing important milestones the contractor shall
adhere to:
Task No Description Date
1.City
Task Contract award by the City Council. Date 1
2.City
Task
City will send out Contract to Contractor for
signatures.
Date 2 = Date 1 + 5
working days
3.Contract
or Task
Contractor shall return signed Contract with required
bonds and insurances to City.
Date 3 = Date 2 + 5
working days
4. City
Task
City will counter sign the Contract and provide a fully
executed Contract to Contractor.
Date 4 = Date 3 + 5
working days
5. Joint
Task
A Pre-construction meeting will be held.
Contractor shall submit its project schedule and all
material submittals to the City at the Pre-construction
meeting, with project start date established based on
Date 6 shown in Task 6.
Date 5 = Date 4 + 5
working day
Note: If Contractor
delays attending the
pre-con meeting and
does not submit
project schedule
within the required
duration, City will
assess $1,000 per
calendar day as
liquidated damages.
6.
Schedule
d Task
City will issue to the Contractor NTP 1 (Notice to
Proceed 1) to commence with the procurement of
traffic control devices, signs and other materials.
Date 6 = Date 5 + 10
working days
(Effective Date of the
start of construction)
All tasks below are included within 170 Working Day Project Completion
From the project start date established based on Date 6 shown in Task 6, the
contractor shall complete the project within 170 working days as follows:
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Task No Description Date
7.1.
Contractor
Task
Contractor shall commence procurement of all
traffic signal standards, poles, heads, traffic control
devices, signs, materials, parts, equipment; and
submit copies of Purchase Orders as a proof that
the Contractor has placed all necessary purchase
orders. Purchase Orders shall show date order
placed, date order will be delivered. Copies of
Purchase Orders shall be submitted to City within 3
working days of the date established for this task.
Date 7.1 = Date 6
7.2.
Contractor
Task
Contractor shall complete procurement of all
necessary traffic signal equipment, standards, poles,
heads, traffic control devices, signs, materials, parts,
equipment.
The contractor shall submit and obtain City’s
approval on their traffic control plan
Note that no site work will be allowed prior to
obtaining an approved traffic control plan and NTP 2
explained below.
Date 7.2 = Date 7.1 +
120 working days
Note: If the work
described in this task
is not completed by
the contractor within
the required duration,
City will assess
$1,000 per calendar
day as liquidated
damages.
7.3. City
Task
City will issue to the Contractor NTP 2 (Notice to
Proceed 2) to commence with the field construction.
NTP 2 will be issued 10 working days prior to
completion of procurement of materials as indicated
in NTP1. The 10 working day early start will allow the
Contractor to mobilize on the site and prepare the
site that will receive traffic signal standards, poles,
heads, traffic control devices, signs, materials, parts,
equipment..
Date 7.3 = Date 7.2 –
10 working days
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Task No Description Date
7.4.Contra
ctor Task
Contractor shall complete field construction (This
date is also the completion of the project date).
Date 7.4 = Date 7.3 +
60 working days
Note: If the work
described in this task
is not completed by
the contractor within
the required duration,
City will assess
$1,000 per calendar
day as liquidated
damages.
All durations above related to Contractor tasks shall remain the same regardless of
City’s completion of City tasks.
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.
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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
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.
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ALTERNATES: If alternate bids are called for, the contract shall be awarded to the lowest
responsible bidder on the base bid.
LISTING SUBCONTRACTORS: Each bidder shall submit a list of the proposed
subcontractors on this project, as required by the Subletting and Subcontracting Fair
Practices Act (Public Contract Code Sections 4100, et seq.). Forms for this purpose are
furnished with the contract documents.
EXECUTION OF AGREEMENT: The bidder to whom award is made shall execute a
written contract with the City in the form included in these contract documents and shall
secure and provide to City all insurance and bonds as herein specified within ten (10)
calendar days from the date of mailing of written notice of the award. Failure or refusal to
enter into the agreement or to conform to any of the stipulated requirements shall be just
cause for the annulment of the award and forfeiture of the bidder’s 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 respon sible 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.
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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 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
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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), and 2007 California Electrical Code (CEC) & City Ordinance, the 2005 California
Energy Standards and the Standard Specifications for Public Works Construction, the
latest edition, including all supplements, published by Building News, Inc., 1612 South
Clementine Street, Anaheim, California 92802, hereinafter referred to as “Standard
Specifications.” The Standard Specifications are referred to and by this reference are
made a part hereof as though set forth at length. The Contractor is required to comply
with the Standard Specifications in addition to the conditions set forth in these General
Provisions and Special Provisions.
B. LEGAL RELATIONS AND RESPONSIBILITY TO THE CITY
1. LAWS TO BE OBSERVED
The Contractor shall keep himself or herself fully informed on all existing and pending
State and national laws and all municipal ordinances and regulations of the City, which in
any manner affect those employed in the work, or the material used in the work, or which
in any way affect the conduct of the work, and of all such orders and decrees of bodies or
tribunals having jurisdiction or authority over the same. The Contractor shall particularly
observe all ordinances of the City in relations to the obstruction of streets or conduct of
the work, keeping open passageways and protecting the same where they are exposed
or dangerous to traffic.
2. SOCIAL SECURITY REQUIREMENTS
The Contractor shall furnish to the City satisfactory evidence that he and all subcontractors
working for him are complying with all requirements of the Federal and State Social
Security legislation. Upon request, the Contractor shall provide information indicating that
the Social Security and Withholding taxes are being properly reported and paid.
3. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS
The Contractor’s attention is directed to Labor Code Section 1725.5, which provides that
a contractor or subcontractor shall not be qualified to bid on, be listed in a Bid proposal,
subject to the requirements of Public Contract Code Section 4104, or engage in the
performance of any contract that is subject to Labor Code Section 1720 et seq., unless
currently registered and qualified to perform public work pursuant to Labor Code Section
1725.5. This requirement applies to any bid proposal submitted on or after March 1, 2015,
and any contract for public work entered into on or after April 1, 2015.
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4. COMPLIANCE MONITORING AND POSTING JOB SITES
This Project is subject to compliance monitoring and enforcement by the DIR. The
Contractor shall post job site notices, as prescribed by regulation.
5. PREVAILING WAGES
In accordance with the provisions of Section 1770 et seq., of the Labor Code, the Director
of the Department of Industrial Relations of the State of California has ascertained the
general prevailing rate of wages applicable to the work to be done under contract for public
improvement. The Contractor will be required to pay to all those employed on the project
sums not less than the sums set forth in the documents entitled “General Prevailing Wage
Determination made by the Director of Industrial Relations pursuant to California Labor
Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1 and 1776.”
A copy of said documents is on file and may be inspected in the office of the Director of
Public Works. The Contractor shall post a copy of the prevailing wage rates at each job
site.
6. PENALTIES
The Contractor shall comply with the provisions of California Labor Code Sections 1774
and 1775 concerning the payment of prevailing rates of wages to workers and the
penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the
Agency, forfeit not more than two hundred dollars ($200) for each calendar day, or portion
thereof, for each worker paid less than the prevailing rates as determined by the Director
of Industrial Relations for the work or craft in which the worker is employed for any public
work done under the contract by Contractor or by any subcontractor.
7. WORKING WEEK
The Contractor shall forfeit, as penalty to the City, the sum of twenty-five ($25.00) dollars
for each worker employed in the execution of the contract by Contractor or by any
subcontractor under him for each calendar day during which such worker is required or
permitted to work more than forty (40) hours in any one calendar week, in violation of the
provisions of Article 3, Chapter 1, Part 7, Division 1 of the Labor Code (Section 1810 et.
seq.)
8. APPRENTICES
Apprenticeship Program: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of
the California Labor Code and Title 8, California Administrative code section 200 et seq.
to ensure compliance and complete understanding of the law regarding apprentices.
Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code
concerning the employment of apprentices by the Contractor or any subcontractor under
Contractor. It shall be Contractor’s responsibility to ensure that all persons shall comply
with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards and administration of the apprenticeship
program may be obtained from the Department of Industrial Relations, San Francisco,
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California, or from the Division of Apprenticeship Standards and its branch offices.
9. LICENSE OF CONTRACTORS
Only a Contractor licensed in accordance with the provisions of Chapter 9, Division 3, of
the Business and Professions Code shall be permitted to enter into a contract with the City
for any public improvements.
10. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, (including a Rancho Palos Verdes
business license), pay all charges and fees and give all notices necessary and incidental
to the due and lawful prosecution of the work.
11. PATENTS
The Contractor shall assume all responsibility arising from the use of any patented, or
allegedly patented materials, equipment, devices or processes used on or incorporated in
the work, and shall defend, indemnify, and hold harmless the City, and each of its officers,
agents, and employees from and against any and all liabilities, demands, claims,
damages, losses, costs, and expenses, of whatsoever kind or nature, arising from such
use.
12. INDEMNITY
The Contractor agrees to indemnify and hold harmless the City and others and to waive
subrogation as set forth in the Indemnification and Hold Harmless Agreement and Waiver
of Subrogation and Contribution executed concurrently herewith, a copy of which is
attached hereto and incorporated herein by this reference.
13. NOTICE
The address given in the Contractor’s proposal is the place to which all notices to the
Contractor shall be mailed or delivered. The mailing to or delivering at the above named
place of any notice shall be deemed sufficient service thereof upon the Contractor, and
the date of that service shall be the date of such mailing or delivery. Such address may
be changed at any time by written notice signed by the Contractor and delivered to the
Director of Public Works.
14. CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the work by the City, by written action of the Director of Public
Works, the Contractor shall have the charge and care thereof and shall bear the risk of
injury or damage to any part of the work by the action of the elements or any other cause.
The Contractor shall rebuild, repair, restore and make good all injuries or damages to any
portion of the work occasioned by any cause before its completion and acceptance and
shall bear the expense thereof, except for such injuries or damages arising from the sole
negligence of willful misconduct of the City, its officers, agents or employees. In the case
of suspension of work from any cause whatever, the Contractor shall be responsible for
all materials and the protection of work already completed and shall properly store and
protect them if necessary and shall provide suitable drainage and erect temporary
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structures where necessary.
15. MAINTENANCE AND GUARANTEE
(a) The Contractor hereby guarantees that the entire work constructed by
Contractor under the contract will meet fully all requirements as to quality
of workmanship and materials. The Contractor hereby agrees to make at
Contractor’s own expense any repairs or replacements made necessary by
defects in materials or workmanship that become evident within one (1)
year after the date of the City’s acceptance of the entire project, which is
when the City Council directs staff to file a Notice of Completion, and to
restore to full compliance with the requirements of these specifications,
including any test requirements set forth herein for any part of the project
or work constructed hereunder, which during said one (1) year period is
found to be deficient with respect to any provisions of the specifications.
The Contractor shall make all repairs and replacements promptly upon
receipt of written orders for the same from the Director of Public Works.
The Contractor and Contractor’s sureties shall be liable to the City for the
cost thereof.
(b) The guarantees and agreements set forth in subsection (a) shall be
secured by a surety bond which shall be delivered by the Contractor to the
City before the City’s acceptance of the project. Said bond shall be in the
form approved by the City Attorney and executed by a surety company or
companies admitted in the State of California and satisfactory to the City,
in the amount of 100 percent of the contract. Said bond shall remain in
force for a period of one (1) year after the date that the City accepts the
project. Alternatively, the Contractor may provide for the Faithful
Performance Bond furnished under the contract to remain in force and
effect for said amount until the expiration of said one (1) year period. If the
Contractor wishes to pursue the option of extending the Faithful
Performance Bond for an additional one (1) year period in lieu of a separate
surety bond, the Contractor shall provide written evidence from the surety
of such Faithful Performance Bond extension before the City’s acceptance
of the project. Delivery of the one-year surety bond or proof of Faithful
Performance Bond extension shall be a condition precedent to the City
Council’s approval of the Notice of Completion.
16. COOPERATION
The Contractor is hereby notified that additional work within the work site may be
scheduled during the course of this contract.
The Contractor shall cooperate with these and other projects in accordance with Sections
5-6 and 7-7 of the Standard Specifications.
Compensation for compliance shall be included in the various items of work, and no
additional compensation shall be allowed therefor.
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C. PROSECUTION AND PROGRESS OF THE WORK
1. WORK SCHEDULE
Prior to the Notice to Proceed, the Contractor shall submit a work schedule to the Director
of Public Works or his authorized representative for approval. Said schedule must show
the dates of the expected start and completion of the various items of the contract work.
This schedule will be used as a controlling document throughout the construction period.
See Special Provisions Section 21 for details.
2. SUBLETTING AND ASSIGNMENT
The Contractor shall give Contractor’s personal attention to the fulfillment of the contract
and shall keep the work under Contractor’s control. The Contractor shall not assign,
transfer nor sublet any part of the work without the written consent of the City by the
Director of Public Works or his authorized representative and of the surety of the
Contractor’s bond, and such consent of Surety, together with a copy of the subcontract,
shall be filed with the Director of Public Works. No assignment, transfer or subletting,
even though consented to, shall relieve the Contractor of Contractor’s liabilities under the
contract. Subcontractors shall not be recognized as such, and all persons engaged in the
project will be considered as employees of the Contractor, their work being subject to the
provisions of the contract and the specifications. Should any subcontractor fail to perform
the work undertaken by him to the satisfaction of the Director of Public Works or his
authorized representative, said subcontractor shall be removed immediately from the
project upon request by the Director of Public Works, shall not again be employed on the
work, and the Contractor shall be held liable for the deficient work. The Contractor shall
submit to the City a list with the names, addresses and telephone numbers of all
subcontractors who will work under Contractor.
3. CHARACTER OF WORKERS
The Contractor shall employ none but competent foremen, laborers and mechanics. Any
overseer, superintendent, laborer or other person employed on the work by the Contractor
who is intemperate, incompetent, troublesome or otherwise undesirable, or who fails or
refuses to perform the work in the manner specified herein, shall be removed from jobsite
immediately and such person shall not again be employed on the work.
4. AGENTS OR FOREMAN
In the absence of the Contractor from the site of the project, even if such is only of a
temporary duration, Contractor must provide and leave at the site a competent and reliable
English-speaking agent or foreman in charge. All notices, communications, orders or
instructions given, sent to, or served upon, such agent or foreman by the Director of Public
Works shall be considered as having been served upon the Contractor.
5. TEMPORARY STOPPAGE OF CONSTRUCTION ACTIVITIES
The Director of Public Works shall have the authority to suspend the contract work, wholly
or in part, for such a period of time as the Director may deem necessary, due to unsuitable
weather, or to such other conditions as the Director considers unfavorable for the proper
prosecution of the work, or for such time as the Director may deem necessary due to
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failure on the part of the Contractor or Contractor’s workers to carry out orders or to
perform any of the requirements of the contract. The Contractor shall immediately comply
with such an order from the Director of Public Works and shall not resume operations until
so ordered in writing.
6. TIME OF COMPLETION AND LIQUIDATED DAMAGES
If all the contract work is not completed in all parts and requirements within the time
specified in the contract documents, the City shall have the right to grant or deny an
extension of time for completion, as may seem best to serve the interest of the City. The
Contractor shall not be assessed with liquidated damages during any delay in the
completion of the work caused by acts of God or of the Public Enemy, acts of the State,
fire not due to acts of contractors, of subcontractors, floods, epidemics, quarantine,
restrictions, strikes, freight embargo or unusually severe weather, delays of
subcontractors due to such causes, or work suspensions directed by the Director of Public
Works or his authorized representative provided that the Contractor shall, within ten (10)
days from the beginning of such delay, notify the City, in writing, of the cause of the delay.
The City will ascertain the facts and the extent of the delay, if any, and the finding thereon
shall be final and conclusive. If the City deems it appropriate to assess the contractor
liquidated damages, such damages shall be in the amount specified in this bid documents.
7. SUSPENSION OF CONTRACT
If at any time, in the opinion of the Director of Public Works, the Contractor fails to supply
an adequate working force, manufactured articles, or material of proper quality, or has
failed in any other respect to prosecute the work with the diligence and force specified and
intended in any by the terms of the contract, notice thereof in writing will be served upon
Contractor, and should Contractor neglect or refuse to provide means for a satisfactory
compliance with the contract within the time specified in said notice and as directed by the
Director of Public Works, the Director of Public Works shall have the power to suspend
the operation of the contract and discontinue all work or any part thereof, subject to review
by the City Council. Thereupon the Contractor shall discontinue such work, or such part
thereof as the City may designate, and the City may thereupon, by contract or otherwise,
as it may determine, complete the work or such part thereof, and charge the entire
expense of so completing the work or any part thereof to the Contractor, and for such
completion the City itself or its Contractors may take possession of and use, or cause to
be used in the completion of the work, or any part thereof, any such materials, implements
and tools of every description as may be found at the place of such work. All expenses
charged under this paragraph shall be deducted and paid for by the City out of any moneys
then due or to become due the Contractor under the contract, or any part thereof, and in
such accounting the City shall not be held to obtain the lowest figure for the work for
completing the contract, or any part thereof, or for ensuring its proper completion, but all
sums paid therefor shall be charged to the Contractor. In case the expenses so charged
are less than sum which would have been payable under the contract, if the same had
been completed by the Contractor, the Contractor shall be entitled to receive the
difference, and in case such expense shall exceed the amount payable under the contract,
then the Contractor shall pay the amount of the excess to the City, upon completion of the
work, without further demand being made therefor. In the determination of the question
as to whether or not there has been any such noncompliance with the contract as to
warrant the suspension or annulment thereof, the decision of the City Council shall be
binding on all parties to the contract.
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D. MEASUREMENT AND PAYMENT
1. MEASUREMENT AND PAYMENT
Measure of the quantities of work and payments therefor shall be in accordance with
Section 9 of the Standard Specifications. In accordance with Subsection 9-3.2 of the
Standard Specifications, the monthly payment date shall be the last calendar day of each
month. A measurement of work performed and a progress estimate of the value thereof
based on the contract and of the monthly payment shall be prepared by the Contractor
and submitted to the Director of Public Works or his authorized representative before the
tenth day of the following month for verification and payment consideration. A five percent
(5%) retention shall be withheld from each payment.
2. FINAL INVOICE AND PAYMENT
Whenever in the opinion of the Director of Public Works, the Contractor shall have
completely performed the contract, the Director of Public Works or his authorized
representative shall notify the City Clerk that the contract has been completed in its
entirety. The Contractor shall then submit to the Director of Public Works or his authorized
representative for approval, a written statement of the final quantities of contract items for
inclusion in the final invoice. Upon receipt of such statement, the Director of Public Works
or his authorized representative shall check the quantities included therein and shall
authorize the Contractor to submit an invoice which in the Director of Public Works’ opinion
shall be just and fair, covering the amount and value of the total amount of work done by
the Contractor, less five percent (5%) of the total work done. The Director of Public Works
shall then request that the City accept the work and that the City Clerk be authorized to
file, on behalf of the City in the office of the Los Angeles County Recorder, a Notice of
Completion of the work herein agreed to be done by the Contractor.
On the expiration of thirty-five (35) days after the date of recording the Notice of
Completion, the City shall pay to the Contractor the amount remaining after deducting
from the amount of value stated in the invoice all prior payments to the Contractor and all
amounts to be kept and retained under the provisions of the contract, and shall release
the Faithful Performance Bond and Labor and Material Bond.
The Contractor may, at Contractor’s sole cost and expense, substitute securities
equivalent to any monies withheld by the Owner as provided in California Public Contract
Code Section 22300. No such substitution shall be accepted until all documents related
to such substitution are reviewed and found acceptable by the Owner’s attorney.
3. EXTRA WORK
Extra work, when ordered in writing by the Director of Public Works or his authorized
representative and accepted by the Contractor, shall be paid for under a written work order
in accordance with the terms therein provided. Payment for extra work will be made at
the unit price or lump sum previously agreed upon between the Contractor and the Director
of Public Works. All extra work shall be adjusted daily upon report sheets prepared for
the Director of Public Works or his authorized representative, furnished by the Contractor,
and signed by both parties, and said daily report shall be considered thereafter the true
records of extra work done.
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The first sentence of Subsection 3-3.2.2.1 Basis for Establishing Costs, Labor, of the
Standard Specifications, is hereby deleted and replaced with the following:
The costs of labor will be the actual cost of wages of workers performing the extra work at
the time the extra work is done, plus the applicable labor surcharge as set forth in the
California Department of Transportation publication entitled “Labor Surcharge and
Equipment Rental Rates,” which is in effect on the date upon which the work is
accomplished, as well as assessments or benefits required by lawful collective bargaining
agreements.
Replace 3-3.2.3.1 Work By the Contractor with the following:
The following percentages shall be added to the Contractor’s costs and shall constitute
the mark-up for all overhead and profit, which shall be deemed to include all items of
expense not specifically designated as cost of equipment rental in Subsections 3-3.2.2.3
Labor 20
Materials 15
Equipment Rentals 15
Other Expenditures 15
To the sum of the costs and markups provided for in this subsection, one (1) percent shall
be added as compensation for bonding.
4. UNPAID CLAIMS
If upon or before the completion of the work herein agreed to be performed or at any time
prior to the expiration of the period within which claims of lien may be filed for record as
prescribed by the Code of Civil Procedure of the State of California, any person or persons
claiming to have performed any labor or furnished any materials, supplies or services
towards the performance of completion of this contract or if they have agreed to do so,
shall file with the City a verified statement of such claim, or if any person shall bring against
the City or any of its agents any action to enforce such claim, the City shall until the
discharge thereof, withhold from the moneys that are under its control, as much as shall
be sufficient to satisfy and discharge the amount in such notice or under such action
claimed to be due, together with the cost thereof; provided, that if the City shall in its
discretion permit the Contractor to file such additional bond as is authorized by the Code
of Civil Procedure in a penal sum equal to one and one-quarter times the amount of said
claim, said money shall not thereafter be withheld on account of such claim.
5. ACCEPTANCE
The parties agree that no certificate given shall be conclusive evidence of the faithful
performance of the contract, either in whole or in part, and that no payment shall be
construed to be in acceptance of any defective work or improper materials. Further, the
certificate or final payment shall not terminate the Contractor’s obligations under the
warranty here in above. The Contractor agrees that payment of the amount due under
the contract and the adjustments and payments due for any work done in accordance with
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any alterations of the same, shall release the City, the City Council and its officers and
employees from any and all claims or liability on account of work performed under the
contract or any alteration thereof.
E. CONTROL OF WORK
1. AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall decide any and all questions that may arise as to the
quality and acceptability of materials furnished and work performed as to the manner of
performance and rate of progress of the work, and any and all questions, which may arise
as to the interpretation of the plans and specifications. The Director of Public Works shall
likewise decide any and all questions as to the acceptable fulfillment of the contract on the
part of the Contractor, and all questions as to claims and compensations. The decision of
the Director of Public Works shall be final, and he shall have relative authority to enforce
and make effective such decisions and actions as the Contractor fails to carry out
promptly.
For the purposes of routine and normal supervision and coordination of work, the Director
of Public Works is the City’s authorized representative for all work within the scope of this
agreement.
2. CONFORMITY WITH PLANS AND ALLOWABLE VARIATION
Finished surfaces shall in all cases conform to the lines, grades, cross-sections and
dimensions shown on the plans. Minor deviations from approved plans, whenever
required by the exigencies of construction, shall be determined in all cases by the Director
of Public Works and authorized in writing. All such deviation shall be recorded on “as–
built” plans and submitted to the Director of Public Works or his authorized representative,
upon project completion.
3. PROGRESS OF THE WORK
The Contractor’s working days shall begin on the date stated in the Notice To Proceed,
which will be issued following the pre-construction meeting. The Contractor shall diligently
prosecute the work to completion before the expiration of the time limit appearing in the
specifications.
4. SAMPLES
The Contractor shall furnish all products and materials required to complete the work. All
materials and products must be of the specified quality and fully equal to samples, when
samples are required. Whenever required, the Contractor shall submit to the Director of
Public Works or his authorized representative for test, and free of charge, samples of any
one of the materials or products proposed to be used in the work. Said samples shall be
delivered by the Contractor to the place within the City designated by the Director of Public
Works. Rejected materials must be immediately removed from the work by the Contractor
and shall not be brought back to the site.
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5. TRADE NAMES AND ALTERNATIVES
For convenience in designation on the plans or in the specifications, certain equipment or
articles or materials to be incorporated in the work may be designated under a trade name
of manufacturer and the catalog information. The use of an alternative equipment or an
article or equipment which is of equal quality and of the required characteristics for the
purpose intended will be permitted, subject to the approval of the Director of Public Works
or his authorized representative, in accordance with the following required by Section 3400
of the Public Contract Code of the State of California:
The burden of proof as to the comparative quality and suitability of alternative equipment
or articles or materials shall be upon the Contractor, and Contractor shall furnish, at
Contractor’s own expense, all information necessary or related thereto as required by the
Director of Public Works or his authorized representative. The Director of Public Works
shall be the sole judge as to the comparative quality and suitability of alternative
equipment or articles or materials and the Director’s decision shall be final. All requests
for substitution shall be submitted, together with all documentation necessary for the
Director to determine equality, within 20 days following the award of the contract.
6. PROTECTION OF WORK
The Contractor shall continuously maintain adequate protection of all Contractor’s work
from damage, and the City will not be held responsible for the care or protection of any
material, equipment or parts of work, except as expressly provided for in the specifications.
7. CONFLICT OF TERMS
The notice to bidders, proposal, plans, specifications and General Provisions are essential
parts of the contract for a given project. These documents, together with the necessary
bonds and bidder’s guarantee, constitute the contract as defined herein, and a
requirement included in one document shall be as binding as though included in all, as
they are intended to be cooperative and to provide a description of the work to be done.
Should there be any conflict or discrepancy between terms used, then the specifications
shall govern over plans, and change orders and supplemental agreements shall govern
over any other contract document.
8. INTERPRETATION OF PLANS AND SPECIFICATIONS
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently
detailed or explained on the plans or in the specifications, the Contractor shall request the
Director of Public Works or his authorized representative for such further explanation as
may be necessary, and shall conform to such explanation or interpretation as part of the
contract, so far as may be consistent with the intent of the original specifications. In the
event or doubt of questions relative to the true meaning of the specifications, reference
shall be made to the City Council, whose decision thereon shall be final.
9. INCREASES AND DECREASES OF THE WORK TO BE DONE
The City reserves the right to increase or decrease the quantity of any item or portion of
the work described on the plans, the specifications or the proposal form or to omit portions
of the work so described, as may be deemed necessary or expedient by the Director of
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Public Works and the Contractor shall agree not to claim or bring suit for damages,
whether for loss of profits or otherwise, on account of any decrease or omission of any
kind of work to be done.
10. ALTERATIONS OF THE WORK TO BE DONE
By mutual consent of the parties signatory to the contract, alterations, modifications or
deviations from the type of work may be described on the plans, specifications or on the
proposal form may be made without in any way making the contract void. The price to be
paid by the City to the Contractor for such altered or modified work shall be agreed upon
in writing, endorsed upon the original contract and signed by the proper parties to said
contract.
Whenever, during the progress of the work, such changes or modifications are deemed
necessary by the Director of Public Works and agreed upon, as aforesaid, said deviations
shall be considered and treated as though originally contracted for, and shall be subject
to all the terms, conditions and provisions of the original contract.
11. 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.
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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.
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 for the work. They shall be stored properly and protected as
required. The Contractor shall be entirely responsible for damage or loss by weather or
any other cause.
16. REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK
It is the intent of the specifications that only first-class work, materials and workmanship
will be acceptable. All work which is defective in its construction or deficient in any of the
requirements of the specifications shall be remedied, or removed and replaced by the
Contractor in an acceptable manner, and no compensation will be allowed for such
correction. Any work done beyond the lines shown on the plans or established by the
Director of Public Works or his authorized representative, or any extra work done without
written authority will be considered as unauthorized and will not be paid for. Upon failure
on the part of the Contractor to comply forthwith with any order of the Director of Public
Works made under the provisions of this paragraph, the Director of Public Works shall
have authority to cause defective work to be remedied or removed and replaced, and
unauthorized work to be removed, and to deduct the costs thereof from any moneys due
or to become due the Contractor. If the work is found to be in compliance with these
specifications, the Director of Public Works will furnish the Contractor with a certificate to
that effect.
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17. SUPERVISION
All manufactured products, materials and appliances used and installed and all details of
the work shall at all times be subject to the supervision, test and approval of the Director
of Public Works or his authorized representatives. The Director of Public Works or his
authorized representatives shall have access to the work at all times during construction,
and shall be furnished with every reasonable facility for securing full knowledge with
regard to the progress, workmanship and character of the materials used or employed in
the work.
Whenever the Contractor varies the period during which work is carried on each day, he
shall give adequate notice to the Director of Public Works or his authorized representative
so that proper inspection may be provided. Any work done in the absence of the Director
of Public Works or the Director of Public Works’ agent will be subject to rejection. The
inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the
contract as prescribed. Defective work shall be made good, and unsuitable materials may
be rejected, notwithstanding the fact that such defective work and unsuitable materials
have previously been accepted or estimated for payment.
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 paid for by the Contractor and approved 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.
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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.
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 and/or per the SWPPP lump sum bid item as appropriate.
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.
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26. SPRINKLER SYSTEMS & LANDSCAPING
Any sprinkler system damaged during the Contract shall be repaired by the Contractor at
no additional cost within 24 hours of notification. All damaged sprinkler and irrigation parts
shall be replaced in-kind. If repair is not completed within said limit, the City shall have the
authority to complete such work and deduct cost plus 20 percent administration thereof
from any moneys due or to become due to the Contractor. Furthermore, a penalty of $500
per day shall be applied for each day beyond the 24-hour period that the damaged
irrigation system has not been repaired to function properly (as determined by the City’s
inspector).
27. CONTRACTOR’S SUPERINTENDENT AND PROJECT MANAGER
The Contractor shall designate in writing and keep on the work at all times during its
process a competent, full-time, technically qualified superintendent, who shall not be
replaced without written notice to the Director of Public Works or his authorized
representative except under extraordinary circumstances. The Contractor’s
superintendent shall be present at the site of the work at all times while work is in progress.
The Superintendent’s sole duties shall be to supervise a full work crew and coordinate
activities pertaining to any work performed by the Contractor or its subcontractors,
including but not limited to concrete repairs, crack sealing, AC repairs, traffic control and
public notifications. Failure to observe this requirement shall be considered as suspension
of the work by the Contractor until such time as such superintendent is again present at
the site. The Director of Public Works or his authorized representative shall have the right,
at any time, to direct a change in the Contractor’s superintendent, if the performance is
unsatisfactory, as determined by the Director of Public Works or his authorized
representative, in its sole discretion.
The Contractor shall designate in writing and keep on the work at all times during its
process a competent, full-time, technically qualified project manager, who shall not be
replaced without written notice to the Director of Public Works or his authorized
representative except under extraordinary circumstances. The Contractor’s project
manager shall be responsible for overall administration and coordination of the work
including, but not limited to processing of schedules, discussion of change orders and
extra work and coordination and distribution of the Daily Reports. The Director of Public
Works or his authorized representative shall have the right, at any time, to direct a change
in the Contractor’s project manager, if the performance is unsatisfactory, as determined
by the Director of Public Works or his authorized representative, in its sole discretion.
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
in Section 6-6.1 of the Standard Specifications, or any day the Contractor is prevented
from working during the first 5 hours with at least 60 percent of the normal work force for
cause as defined in Section 6-6.1 of the Standard Specifications. The Contractor’s failure
to give written notice in the time period specified above shall constitute a waiver of all
claims for an additional work day, whether direct or consequential in nature and that day
will be counted as a working day. Upon receipt of the Contractor’s written request, the
Director of Public Works or his authorized representative will then make a determination
of whether the day or days the Contractor is requesting shall be counted as working days.
31. DEFECTIVE MATERIALS
All materials not conforming to the requirements of these specifications shall be
considered as defective and all such materials shall be removed immediately from the site
of the work unless otherwise permitted by the Director of Public Works or his authorized
representative. Upon failure on the part of the Contractor to comply with any 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 punch list items shall be provided to the Contractor by the City. Upon
Contractor’s receipt of this final punch list, the Contractor shall have 14 calendar days to
complete all items on the punch list. PENALTIES FOR NONCOMPLIANCE: $500 for each
day after the 20-calendar-day period that there are still remaining punch list items to be
completed by the Contractor.
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 so differ, or do involve hazardous waste and cause
a decrease or increase in the Contractor’s cost of, or the time required for, performance
of any part of the work, the City shall issue a change order under the procedures described
in the Contract. In the unlikely event that a dispute arises between the City and the
Contractor regarding whether the conditions materially differ, or involve hazardous waste,
or cause a decrease or increase in the Contractor’s cost of, or time required for,
performance of any part of the work, the Contractor shall not be excused from any
scheduled completion date provided for by the Contract, but shall proceed with all work to
be performed under the Contract.
The Contractor shall retain any and all rights provided either by contract or by law, which
pertain to the resolution of disputes and protests between the contracting parties. Where
applicable, Contractor shall comply with the trench or excavation permit requirement found
in Labor Code Section 6500 and the excavation safety requirements found in Labor Code
Section 6705. No excavation shall be left open during the weekends or Holidays.
38. CONSTRUCTION &DEMOLITION MATERIALS RECYCLING REQUIREMENTS
Subsection 7-15 is hereby added to the Standard Specifications:
PART 1 GENERAL
7-15.1.1 SUMMARY
A. This Section includes the following: procedures for ensuring optimal diversion of
construction and demolition (C&D) waste materials generated by the Work within the limits
of the Construction Schedule and Contract Sum.
1. The Integrated Solid Waste Management Act of 1989 (“AB 939”), requires that
localities throughout the state develop source reduction, reuse, recycling, and
composting programs to reduce the tonnage of solid waste disposed in landfills by
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50%; this requirement may increase in the future. C&D waste materials generated
by the Work are targeted to achieve these diversion rates.
2. A minimum of 50% by weight of the solid wastes generated in the Work shall be
diverted from landfill disposal through a combination of reuse, recycling, and
composting activities.
3. This section includes requirements for submittal of C&D Debris Management Plan
prior to the commencement of the Work, and during the project, submittal of
Contractor’s quantitative reports for construction and demolition waste materials
generated by the Contractor as a condition of approval of progress payments
submitted to the Contracting Officer, and following completion of the project, as a
condition of the release of final project retention.
7-15.1.2 DEFINITIONS
A. Class III Landfill. A landfill that accepts non-hazardous waste such as household,
commercial, and industrial waste, resulting from construction, remodeling, repair, and
demolition operations. A Class III landfill must have a solid waste facilities permit from the
California Department of Resources Recycling and Recovery (CalRecycle) and is
regulated by the Enforcement Agency (EA).
B. Construction and Demolition Debris/Materials or C&D Debris/Materials. Building materials
and solid waste resulting from construction, remodeling, repair, cleanup, or demolition
operations that are not hazardous as defined in California Code of Regulations, Title 22,
Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete,
Portland cement, brick, lumber, gypsum wallboard, cardboard and other associated
packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. The debris
may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from
land clearing and landscaping for construction or land development projects.
C. Contracting Officer. The City of Rancho Palos Verdes Director of Public Works or
designee.
D. C&D Recycling Center. A facility that receives only C&D material that has been separated
for reuse prior to receipt, in which the residual (disposed) amount of waste in the material
is less than 10% of the amount separated for reuse or recycling, by weight.
E. Disposal. Final deposition of C&D or inert debris into land, including stockpiling onto land
of construction and demolition debris that has not been sorted for further processing or
resale, if such stockpiling is for a period of time greater than 30 days; and construction
and demolition debris that has been sorted for further processing or resale, if such
stockpiling is for a period of time greater than one year, or stockpiling onto land of inert
debris that is for a period of time greater than one year.
F. Diversion or Divert. The reuse, recycling or composting of construction and demolition
debris to avoid disposal in a landfill.
G. Enforcement Agency (EA). Enforcement agency as defined in Public Resources Code
40130.
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H. Inert Disposal Facility or Inert Waste Landfill. A disposal facility that accepts only inert
waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete
(including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and
ceramics, for land disposal.
I. Inert Solids or Inert Waste. Non-liquid solid wastes including, but not limited to, soil and
concrete that do not contain hazardous waste or soluble pollutants at concentrations in
excess of water quality objectives established by a regional Water Board pursuant to
Division 7 (Sections 13000, etseq) of the California Water Code and does not contain
significant quantities of decomposable solid resources.
J. Mixed C&D Debris. Loads that include commingled recyclable and non-recyclable C&D
debris generated at the construction site.
K. Mixed Debris Recycling Facility. A processing facility that accepts loads of solid waste
and/or recycling materials for the purpose of recovering reusable, recyclable, and
compostable materials and disposing the non-recyclable residual materials.
L. Recycling. The process of sorting, cleansing, treating and reconstituting materials for the
purpose of using the altered form in the manufacture of a new product. Recycling does
not include burning, incinerating or thermally destroying solid waste.
M. Reuse. The use of a material that might otherwise be discarded, in the same or similar
form as it was produced.
N. Separated for Reuse. Materials, including commingled recyclables, that have been
separated or kept separate from the solid waste stream for the purpose of additional
sorting or processing of those materials for reuse or recycling in order to return them to
the economic mainstream in the form of raw material for new, reused, or reconstituted
products which meet the quality standards necessary to be used in the marketplace, and
includes materials that have been “source separated.”
O. Solid Waste. Refer to Public Resources Code Section 40191.
P. Source-Separated. Materials, including commingled recyclables, that have been
separated or kept separate from the solid waste stream at the point of generation, for the
purpose of additional sorting or processing of those materials for reuse or recycling in
order to return them to the economic mainstream in the form of raw materials for new,
reused, or reconstituted products which meet the quality standards necessary to be used
in the marketplace.
Q. Waste Hauler. A company that possesses a valid permit from the City of Rancho Palos
Verdes to collect and transport solid wastes from individuals or businesses for the purpose
of recycling or disposal.
7-15.1.3 SUBMITTALS (see Appendix for submittal forms and other information)
A. The C&D Waste Management Plan consists of two submittals: prior to commencement
of work (Project Information and Pre-Project Worksheet), and following completion of the
project (Post-Project Worksheet). The Contractor may be required to submit interim
progress reports during the project.
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B. The C&D Debris Waste Management Plan requirements, resources and forms are
contained in the Appendix.
C. Project Information Form and Pre-Project Information Worksheet (Prior to commencement
of work).
1. Prior to commencing the Work, submit the completed Project Information (Form A)
and Pre-Project Worksheet (Form B). Submit on forms included in Appendix.
Forms A and B must include, but not be limited to, the following information:
(a) Contractor’s name and project information.
(b) Estimated quantities of materials to be generated, diverted and disposed.
Review Contract Documents and estimate the types and quantities of
materials under the Work that are anticipated to be feasible for on-site
processing, or source separation for reuse or recycling. Indicate the
procedures that will be implemented to effect jobsite source separation,
such as identifying a convenient location where dumpsters would be
located, putting signage to identify materials to be placed in dumpsters, etc.
(c) Names of haulers and names and locations of re-use, recycling, processing
and disposal facilities/sites.
(d) Tonnage calculations that demonstrate that Contractor will divert a
minimum 50% by weight of the construction and demolition waste materials
generated in the Work, and 100% of the land clearing debris.
2. Forms A&B must be approved by the Contracting Officer prior to the Start of Work.
3. Contractor’s C&D Debris Waste Management Plan will not otherwise relieve the
Contractor of responsibility for adequate and continuing control of pollutants and
other environmental protection measures.
4. Requests for exemptions to the diversion requirements must be submitted to the
City prior to commencement of Work. Contractor must provide adequate
information to support the request for exemption and explanation of why the
diversion requirements cannot be achieved. Requests for exemptions will be
considered on a case-by-case basis by the City, and a determination will be made
to accept or reject the request for an exemption.
D. C&D Debris Post-Project Summary (After completion of project).
1. Submit the completed Post-Project Summary (Form C) on the form attached with
each application for progress payment. Failure to submit the form and its
supporting documentation will render the application for progress payment
incomplete and delay progress payments. If applicable, include manifests, weight
tickets, receipts, and invoices specifically identifying the processes and/or facilities
used for reuse and recycled materials, including but not limited to the following:
(a) On-site crushing of asphalt and concrete for use on-site or off-site.
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(b) Reuse of building materials or salvageable items.
(c) Source separated recycling facilities.
(d) Mixed debris recycling facilities.
(e) Recycling of C&D debris, including soils, as landfill alternative daily cover.
(f) Delivery of soils or mixed inerts to an inert landfill or other use.
(g) Disposal of soils or other materials at a landfill or transfer station.
(h) Other (describe).
2. The Post-Project Summary (Form C) must quantify all materials generated in the
Work, disposed in Class III Landfills, or diverted from disposal through recycling.
Indicate zero (0) if there is no quantity to report for a type of material. Include the
following information on the form:
(a) Indicate project name and address, name of the Contractor completing the
Summary Report and compiling backup documentation, the printed name
and signature of the person completing the form, and the date that the Post-
Project Summary is completed.
(b) Report disposal or recycling either in tons or in cubic yards. If scales are
available at disposal or recycling facility, report in tons; otherwise, report in
cubic yards. Report in units for salvage items when no tonnage or cubic
yard measurement is feasible.
(c) Indicate locations to which materials are delivered for reuse, salvage,
recycling, accepted as daily cover, inert backfill, or disposal in landfills or
transfer stations.
(d) Provide legible copies of weigh tickets, receipts, or invoices that specifically
identify the project generating the material. The documents must be from
recyclers and/or disposal site operators that can legally accept the
materials for the purpose of reuse, recycling, or disposal.
PART 2 PRODUCTS
(Not used.)
PART 3 EXECUTION
7-15.3.1 SALVAGE, REUSE, RECYCLING AND PROCEDURES
A. Identify reuse, salvage, and recycling facilities. Contact your Project Manager for a list of
local organizations and companies.
B. Develop and implement procedures to reuse, salvage, and recycle new construction,
demolition, and excavation materials, based on the Contract Documents, the C&D Debris
Waste Management Plan, estimated quantities of available materials, and availability of
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recycling facilities. Procedures may include on-site recycling, source separated recycling,
and/or mixed debris recycling efforts.
1. Identify materials that are feasible for salvage, determine requirements for site
storage, and transportation of materials to a salvage facility.
2. Explore the possibility of reusing project job-site inert materials, such as rock,
concrete, dirt and aggregate, on-site for road base or other similar uses.
3. Source separate new construction, excavation and demolition materials including,
but not limited to the following types:
(a) Asphalt.
(b) Concrete, concrete block, slump stone (decorative concrete block), and
rocks.
(c) Red Clay Brick.
(d) Soils.
(e) Other materials, as appropriate, such as wood and corrugated cardboard.
4. Develop and implement a program to transport loads of mixed (commingled)
construction and demolition materials that cannot be feasibly source separated to
a mixed materials recycling facility.
7-15.3.2 DISPOSAL OPERATIONS AND WASTE HAULING
A. Legally transport and dispose of materials that cannot be delivered to a source separated
or mixed recycling facility to a transfer station or disposal facility that can legally accept
the materials for the purpose of disposal.
B. Use a permitted waste hauler or Contractor’s trucking services and personnel. To confirm
valid permitted status of waste haulers, contact the City of Rancho Palos Verdes Public
Works Department at (310) 544-5245.
C. Become familiar with the conditions for acceptance of new construction, excavation and
demolition materials at recycling facilities prior to delivering materials.
D. Legally transport and deliver to facilities that can legally accept new construction,
excavation and demolition materials for purpose of re-use, recycling, or composting
E. Do not burn, bury or otherwise dispose of solid waste on the project job-site.
7-15.3.3 REUSE AND DONATION OPTIONS
A. Implement a reuse program to the greatest extent feasible. Options for reuse may include,
but are not limited to:
1. Los Angeles County Materials Exchange (LACoMax) LACoMAX is a free service
provided by the Los Angeles County Department of Public Works, Environmental
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Programs Division, designed to help residents, businesses, and organizations in
Los Angeles County find markets for their industrial by-products, surplus materials,
and other would-be discards. All exchanges are coordinated between the parties.
The site can be accessed at www.ladpw.org/epd/lacomax.
2. California Materials Exchange (CalMAX) is a free service provided by the State of
California, Department of Resources Recycling and Recovery (CalRecycle) that
connects businesses, organizations, manufacturers, schools, and individuals with
online resources for exchanging materials. The site can be accessed at
www.calrecycle.ca.gov/CalMAX.
3. Habitat for Humanity ReStore resale outlets accept donated home improvement
goods like furniture, home accessories, building materials and appliances. The
materials are sold to the general public. The proceeds help local Habitat affiliates
fund the construction of Habitat homes within their communities. Locations of
ReStores can be found at: www.habitat.org/restores.
7-15.3.4 REVENUE
A. Revenues or other savings obtained from recycled, re-used, or salvaged materials shall
accrue to Contractor unless otherwise noted in the Contract Documents.
All costs and compensation to comply with the above provisions of this section shall be
considered included and absorbed in various items of the bid schedule unless noted otherwise.
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SECTION II: SPECIAL PROVISIONS
A. GENERAL PROJECT INFORMATION
1. REQUIREMENTS
All work embraced herein shall be accomplished in accordance with the applicable
portions of the “Standard Specifications for Public Works Construction,” the most current
edition, including all supplements, herein referred to as “Standard Specifications, except
as modified by these Special Provisions and the Project Plans.
The U.S. Standard Measures also called U.S. Customary System is the principal
measurement system in these specifications and shall be used for construction, unless
otherwise stated in the Contract Documents.
In addition to the above, the Contractor shall comply with the requirements of the following:
a) Notice Inviting Sealed Bids
b) Instructions to Bidders
c) Proposal
d) Bid Bond
e) Information Required of Bidders
f) Contract Agreement
g) Faithful Performance Bond
h) Labor and Material Bond (Payment Bond)
i) Statement Acknowledging Penal and Civil Penalties Concerning the Contractor’s
Licensing Laws.
2. DEFINITION OF TERMS
Wherever in the “Standard Specifications” terms are used, they shall be understood to
mean and refer to the following:
Agency City of Rancho Palos Verdes
Board City Council, City of Rancho Palos Verdes
Engineer The Public Work Representative as assigned
by Public Works Director, acting either directly
or through the properly authorized agents, such
agents acting within the scope of the particular
duties entrusted to them.
Special Provisions All Contract Documents, including the Special
and Technical Provisions.
3. PROJECT PLANS
The location of the work, its general nature, extent, form and detail of the various features
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are listed as a part of these Specifications.
A. SCOPE OF WORK
In general, the work comprises without limitation, furnishing all necessary labor, materials,
equipment, and other incidental and appurtenant work necessary to upgrade the existing
traffic signal to accommodate protected left turn operations and upgrade the intersection’s
curb ramps as more clearly described in the Contract Documents. This work will be
performed in strict conformance with the Contract Documents, permits from regulatory
agencies with jurisdiction, and applicable regulations. The quantity of work to be
performed and materials to be furnished are approximate only, being given as a basis for
the comparison of Bids. Actual quantities of work to be performed may vary at the
discretion of the Director of Public Works.
It should be noted that the signal poles, mast arms, and other hardware are being provided
by the City at the City’s Public Works Yard next to City Hall. The contractor shall obtain
the signal poles, mast arms, and other hardware from the City Yard and shall be
responsible for the complete installation thereof (including all necessary works such as
foundations) at the project intersection.
The work to be done shall include furnishing all materials, equipment, tools, labor, and
incidentals as required by the Specifications, and Contract Documents, in the City of
Rancho Palos Verdes, California.
The proposed signal must be constructed at the locations shown on the plans per details
shown on the plans, conforming to the Caltrans Standard Plans and Specifications
indicated on the plans, the Greenbook Specifications (2021, including supplements) for
street improvements, and these Special Provisions, and or as directed by the Engineer.
The contractor shall be responsible for traffic control per the City’s guidelines and as set
in these specifications. At least one lane of traffic shall be maintained in each direction at
all times. The contractor shall provide a temporary traffic signal, as specified under Bid
Item 202, at any time that the permanent traffic signal is not in full operation.
Prior to the start of field construction, the contractor shall submit a Traffic Control Plan
sealed by a licensed Professional Engineer and receive approval for said plan from the
City. The Traffic Control Plan shall provide pedestrian access through the site at all times.
The review period required by the City is two weeks. No additional contract time shall
provided for the Traffic Control Plan or its approval. The cost for development, approval,
and implementation of the Traffic Control Plan shall be included in the LUMP-SUM PRICE
and no additional payment shall be made.
B. 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 holidays:
Memorial Day
Independence Day
July 4th
Labor Day
Election Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving Day
December 25 through January 1
In addition, no work will be allowed on any special election day which may be declared.
Should a special day be declared, a time extension of one working day will be granted for
each day.
The City will not authorize any work to be done under these Specifications before the
contract agreement has been fully executed; and any work that is done by the contractor
in advance of such time shall be considered as being done at Contractor’s own risk and
responsibility, and as a consequence will be subject to rejection by not having been done
in the presence of the Director of Public Works or Inspector as provided in Section 2-10
of the Standard Specifications.
In the event that the Director of Public Works shall be of the opinion that the work is being
inadequately or improperly executed in any respect, he/she may demand that the
Contractor improve or change the execution of the work in such manner as to assure
proper and timely completion.
C. UTILITIES
Contractor shall exercise due care to ensure that these utility facilities are not damaged
during his operations. The Contractor shall notify, at a minimum, the following utility
companies prior to the beginning of any work:
AGENCY TELEPHONE NUMBER
City of Rancho Palos Verdes (310) 544-5252
Southern California Edison Company (310) 783-1156
Southern California Gas Company (310) 687-2020
Verizon (310) 793-4159
California Water Service Company (310) 541-2438
Cox Communications
EDCO (trash hauler)
(310) 551-5020 x30
(310) 540-2977
LA County Department of Public Works (sewer) (626) 458-4357
Sanitation District of Los Angeles County (562) 699-7411 x1205
USA 811
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D. 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
Los Angeles County Fire Department,
Station 83
(310) 831-4624
Los Angeles County Sheriff’s
Department
(310) 539-1661
Western Waste Industries (310) 830-7100
MTA (bus) (213) 626-4455
LA County Fire Department (310) 830-3361
Los Angeles School District (818) 997-2455
PV Transit (310) 544-7108
Peninsula Dial-A-Ride (310) 544-7108
EDCO Disposal Corp (310) 540-2977
Postmaster (310) 377-6833
Palos Verdes Unified School District (310) 378-9966
E. CONFERENCE
The Contractor shall attend a pre-construction meeting with the Director of Public Works
and/or his authorized representative, which shall be held a minimum of five (5) working
days prior to commencement of any work.
The Contractor shall submit his 24-hour emergency telephone numbers to the Director of
Public Works or his authorized representative for approval a minimum of two (2) working
days prior to the pre-construction conference.
F. PUBLIC CONVENIENCE AND SAFETY
No lane closures shall be allowed during the hours of 7:00am to 9:00am and 4:00pm
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to 6:00pm and contractor shall open and maintain all lanes of travel during those
hours.
(a) General: Attention is directed to Section 7-10 of the Standard Specifications and
the Manual of Warning Signs, Lights and Devices for Use in Performing Work Upon
Highways, published by the California Department of Transportation. Public convenience
and traffic control shall conform to Section 7-10 of the Standard Specifications for Public
Works Construction, the California MUTCD and the MUTCD California Supplement, latest
edition, except as modified by these Special Provisions.
(b) Warning and Protection Devices: The Contractor will be responsible for providing,
placing and maintaining approved signs, barricades, pedestals, flashers, delineators,
fences, barriers, non-skid steel trench plates, temporary asphalt concrete and flagmen
where needed, and other necessary facilities in the vicinity of the construction area and
where any dangerous conditions may be encountered as a result thereof, for the protection
of the motoring public per the traffic control plans. The Contractor will not be allowed to
proceed with the work until such time that a sufficient number of these protection devices
have been delivered to the project site. Where parked vehicles are likely to interfere with
the proposed work, the Contractor will supply and post at no less than 200 feet intervals
on each side of the street “Temporary No Parking” signs 72 hours before the start of
construction and to report the time of posting to the Sheriff’s Station for the purpose of
establishing “Tow Away” provisions. The Contractor shall be responsible for the removal
of the temporary signs upon the completion of the work. Should the Contractor appear
neglectful in furnishing warning and protection devices as outlined above, the Director of
Public Works may direct attention to the existence of a hazard and the necessity of
additional or different measures, which shall be furnished and installed by the Contractor
at Contractor’s own expense, free of any cost to the City. Should the Contractor refuse or
fail to act in a timely manner to correct a hazardous condition, the Director of Public Works
may direct City forces to provide the necessary protective and warning devices as deemed
appropriate by the Director of Public Works or his authorized representative.
The cost accrued by the City in connection therewith will be deducted from the Contractor’s
contract payment. Any action or inaction on the part of the City in directing attention to
the inadequacy of warning and protective measures or in providing additional protective
and warning devices shall not relieve the Contractor from responsibility for public safety
or abrogate Contractor’s obligation to furnish and pay for these devices.
Should the Contractor fail to pick up signs either after the work has been performed, or
after the Contractor has failed to meet the schedule, the Contractor shall be charged a
penalty of $50 per sign left in the public right of way. Said monies will be deducted from
any monies due or to become due to the Contractor.
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The Contractor shall be responsible for adequate barricading of the work area and
controlling of traffic in the vicinity of the project as specified in Subsection 7-10, Public
Convenience and Safety, or as directed by the Director of Public Works or his authorized
representative. When necessary to provide vehicular or pedestrian crossings over the
fresh pavement, the Director of Public Works or his authorized representative may direct
the Contractor to spread sufficient sand or rock dust on the affected area to eliminate
tracking. Sand or rock dust used for this purpose shall be at the Contractor’s expense.
(c) Traffic Control: Traffic control implementation shall follow the requirements of
Section 7-10 of the Standard Specifications and the referenced Caltrans manual and the
California MUTCD, latest edition. A Traffic Control Plan, sealed by a licensed engineer,
shall be submitted to the City for approval, prior to the start of the field work.
All necessary traffic control devices shall be in place prior to the start of work. The
Contractor shall field check all temporary traffic control signs, barricades and other devices
to ensure their continuous proper maintenance and conformance to the plans and
specifications (including weekends and holidays).
The Contractor shall so conduct his operations as to offer the least possible obstruction
and inconvenience to public traffic. Contractor shall provide a clear and unobstructed view
of all traffic control signs, signals, or markers. Existing signs shall be covered when
directed by the Engineer. When construction signs are not in effect, they shall be
removed, covered, or relocated out of the driver’s view. Construction signing shall be in
place prior to the beginning of any workday.
The order of work and phasing requirements, except where otherwise specifically required
by the plans and specifications, shall be determined by the Contractor who shall be solely
responsible for coordinating all subcontract and prime contract work to minimize delays
during construction.
The Contractor shall maintain access for emergency vehicles at all times on all streets.
All traffic control layouts and work sequence instructions shall be developed to account
for continuous emergency vehicles access and driveway access.
There shall be a minimum of 5’ clearance from open excavations and 2’ from other
obstructions (curbs, k-rail, etc.) for the motoring public. All lanes shall be open to traffic
during non-working / “non-lane restriction” hours.
No street restrictions shall be allowed without advanced written approval from the
Engineer. Certified flaggers with hand-held communication devices, proper safety vests
and signage shall be required at all times wherever the useable roadway is restricted, to
ensure for the safe passage of motorists at all times. Certified flaggers are required where
travel lanes in each direction cannot be maintained.
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.
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Unless otherwise specifically provided in writing, the Contractor will not be allowed to
begin an excavation that cannot be successfully backfilled, temporarily repaved or plated
with non-skid steel plates, in the same working day. Non-skid steel plates must be capable
of carrying H-2O wheel loading. Plates shall have a minimum width equal to the
excavation width plus 24 inches and be securely fastened to the street surface. Asphalt
fillers, a minimum of 6 inches wide shall be placed around the perimeter of the plate. When
traffic is transferred to any type of temporary pavement surface good drivability of the
surfaces shall be maintained and shall be subject to approval by the Engineer prior to
allowing traffic to be transferred upon it.
In the unavoidable event that an open trench must be covered with steel plates over-night
then flasher equipped barricades and other barriers, shall be placed at the ends and along
the sides of these steel plate covered excavations from sunset to sunrise of the next day,
to warn all pedestrians and vehicular traffic of such excavations. Pipe trenches and other
hazardous excavations shall be filled in, securely enclosed, or covered at the end of each
working day, to the satisfaction of the Engineer. Flasher equipped barricades and other
barriers left in operation beyond the normal work hours as prescribed, shall be
solar/battery powered only.
The Contractor shall provide written notification to all public services including, but not
limited to, the LA County Sherriff / Dispatch, LA County Fire Department, Public Works
Department (City Engineer), UWS (trash pickup), California Water Service Company,
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 maintained, excepted when specific written
permission is provided to do otherwise. The City will enforce the work hours and
continuous driveway access requirements of this section. In order to ensure compliance,
an assessment of $250 for every 15 minutes of non-compliance or portion thereof will be
deducted from the Contractor’s payment for non-compliance. No assessment will be
made for emergency work, i.e. broken water line repair, gas leak repair or similar
emergency work as directed by the Engineer. This assessment shall be deducted from
the amount due the Contractor on this project.
If the Contractor is found to be negligent in furnishing warning and protective measures
as detailed above, the City may direct the Contractor’s attention to the hazard and it shall
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be the Contractor’s responsibility to furnish and install the necessary warning and
protective measures at his/her expense. Should the City point out the inadequacy of
warning and protective measures, such action on the part of the City shall not relieve the
Contractor from responsibility for public safety or abrogate its obligation to furnish and pay
for these devices.
The Contractor shall use and maintain caution tape between barriers for all open
excavations.
The Contractor is notified that there are a significant number of bicycle riders, pedestrians
and joggers in the City. The Contractor shall develop and operate his traffic control
activities with this in mind. He shall conduct his operations in a safe manner for cyclists
and pedestrians as well as vehicles.
PAYMENT: Full compensation for complying with the work contained in this section shall
be included in the LUMP-SUM PRICE.
G. SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workmen on the job shall be provided and
maintained in an approved manner by the Contractor, properly secluded from public
observation and in compliance with health ordinances and laws, and their use shall be
strictly enforced by the Contractor. Any workman who fails to use the sanitary facilities as
intended shall be removed from the project site permanently at the sole discretion of the
Engineer.
H. CONSTRUCTION YARD
It shall be the Contractor's responsibility to locate any storage sites for materials and
equipment needed and such sites either located on public or private property must be
approved in advance by the Director of Public Works or his authorized representative. If
permission is given to use a City site, the Contractor shall repair any damage as a result
of his operations and any repairs will restore the site to new and not pre-existing
conditions.
When storage sites are to be on located upon private property, the Contractor shall submit
to the Director of Public Works or his authorized representative, written approval from the
record owner authorizing the use of the property by the Contractor. The Contractor shall
contact the appropriate City Community Development Department to determine if the
using the site as a stockpile area is allowed. After the project is complete, the Contractor
shall supply a written release signed by the owner of record that said property has been
satisfactorily restored in order to provide assurance to the City that no later property owner
claims will be filed by residents whose property has allegedly damaged by the Contractor
and not repaired to their satisfaction. The Public Right of Way shall not be used as an area
to stockpile material overnight.
The City will provide the Contractor with a sample release form upon request.
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I. EQUIPMENT REQUIREMENTS
Contractor shall furnish all equipment required to safely complete the work and avoid, if
possible, conducting any on-site maintenance or repair of said equipment. Necessary
minor maintenance may be conducted on site; however, all maintenance and/or repairs
shall be completed Monday through Friday during stated working hours only. Fueling and
minor maintenance shall be in compliance with the NPDES requirements.
All equipment shall be in good repair. Equipment from which leaks of oil, hydraulic fluids,
coolant, etc., are observed shall be removed from service until the necessary repairs have
been completed.
J. PRESERVATION OF PROPERTY
Existing improvements in areas adjoining the locations whereon construction activities are
being performed shall be protected from injury or damage resulting from operations of the
Contractor. In like manner any building, structure, tree, shrub, or other item in the vicinity
of the Contractor’s operation, shall be similarly protected and preserved. Vegetation
cleared during site preparation shall become the property of the Contractor and shall be
removed from the area unless otherwise directed by the Director of Public Works or his
authorized representative.
K. NPDES COMPLIANCE/WATER POLLUTION CONTROL
Water pollution control shall consist of constructing those facilities specified by these
Contract Documents, required by law, or as ordered by the Director of Public Works or his
authorized representative. Said work is intended to provided prevention, control and
abatement of water pollution to streams, oceans and other bodies of water. Full
compensation for conforming to the requirements in this entire section shall be considered
as included in the LUMP-SUM PRICE, and no additional compensation will be allowed
therefor.
Housekeeping/Cleanup: The Contractor shall prevent pollution of storm water from
cleanup and disposal operations by using best management practices and good
housekeeping methods. When fluids or dry materials spill, cleanup should be immediate,
thorough, and routine. The Contractor shall never attempt to “wash them away” with
water, or bury them. The Contractor shall report significant spills to the appropriate spill
response agencies immediately. The Contractor shall recognize that different types of
materials have different disposal requirements and follow appropriate practices. The
Contractor shall confine non-hazardous debris to dumpsters, covered at night or during
wet weather, and taken to a landfill for recycling or disposal. The Contractor shall handle
hazardous debris in accordance with specific laws and regulations and dispose of as a
hazardous waste. A separate permit is required. Common hazardous debris found on
construction sites are: (liquid residues from paints, thinners, solvents, glues, and cleaning
fluids. Leaching agents form lumber such as formaldehyde, arsenic, copper, creosote and
chromium, motor oil, gear oil, antifreeze fluids, brake fluids, etc., unused pesticides.)
Sanitary Waste Management: The Contractor shall prevent the discharge of sanitary
waste to storm water by providing convenient, properly located, well maintained facilities.
The Contractor shall hire a licensed portable sanitary facility leasing company which will
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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,
contained areas and place drip pans and absorbent material under stored equipment that
is prone to leaking and dripping (e.g. paving equipment).
If the Contractor must drain and replace motor oil, radiator coolant, or other fluids on-site,
use drip pans or drop cloths to catch drips and spills. The Contractor shall collect all spent
fluids, store in separate containers, and recycle whenever possible. Note: For recycling
purposes, such liquids must not be mixed with other fluids. Non-recycled fluids generally
must be disposed of as hazardous waste.
Surface and Subsurface Water Control: The Contractor shall prevent or reduce the
discharge of pollutants to storm water from surface and subsurface water control
operations by using all appropriate methods:
For surface water control operations where the flow is routed to bypass the construction
area, establish stable (erosion resistant) conveyance routes for the diverted flow. Trap
any significant sediment (e.g., mud) generated by the rerouted flow in a sediment trap,
filtering berm, or basin.
In subsurface pumping or other subsurface water control operations where significant
amounts of sediment (e.g., mud) are present in the removed water, capture the sediment
in a sediment trap, filtering berm, or basin.
If a sediment trap or basin is required for the surface or subsurface water control
operations, the facility should be designed such that the sediment is settled or trapped in
the facility prior to discharging of the water.
In areas suspected of groundwater pollution, sample the groundwater near the
excavation/pumping site and have the water tested for known or suspected pollutants at
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a certified laboratory.
Any proposed discharge of groundwater may be subject to requirements of the Regional
Water Quality Control Board if water is discharged to groundwater or land.
Concrete and Mortar Products: The Contractor shall prevent or reduce the discharge of
pollutants to storm water from concrete waste by conducting washout at appropriate off-
site locations, performing on-site washout in a designated area, and training employees
and subcontractors.
The Contractor shall store and mix dry and wet materials either off-site or under cover,
away from drainage areas.
For washout of concrete trucks the Contractor shall provide appropriate off-site locations
or designated contained areas, at least 50 feet away from storm drains, open ditches,
streets, or streams.
The Contractor shall prevent run-off from designated washout areas by constructing a
temporary pit or bermed area large enough for liquid and solid waste. When concrete
sets, breakup and dispose of it in construction fills per direction of soils engineer or as
solid waste or recycle.
The Contractor shall inform concrete suppliers of the designated washout locations and
disposal sites for concrete and mortar products.
Asphalt and Bituminous Products: The Contractor shall prevent or reduce the discharge
of pollutants from asphalt and bituminous operations, by preventing run-on and run-off
during the operation, properly disposing of waste, and training employees and
subcontractors. The Contractor shall:
Avoid prime or tack coating during wet weather. Store materials away from drainage
courses to prevent material from entering the run-off. Cover catch basins and manholes
when applying seal coat, tack coat, slurry seal, fog seal, etc. Make sure sand or gravel
placed over new asphalt does not wash into storm drains, streets, or creeks. Dispose of
old asphalt properly. Collect and remove all broken asphalt from the site and recycle
whenever possible. Do not dispose of asphalt products into waterways. Follow the storm
water permitting requirements for industrial activities if paving involves an on-site mixing
plant.
Construction Water: The Contractor shall reduce or eliminate excessive construction
water that may cause erosion and carry pollutants from the site. The Contractor shall:
Store construction water in leak-proof tanks, located away from the drainage system. Use
construction water conservatively. Whenever possible, dispose of excess water on-site,
by allowing it to soak into the ground.
PAYMENT: STORMWATER BEST MANAGEMENT PRACTICES shall be paid as part of
the LUMP-SUM PRICE and includes all material, labor, equipment and BMP’s required to
implement the STORMWATER BEST MANAGEMENT PRACTICES.
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Payment for STORMWATER BEST MANAGEMENT shall be made per lump sum as
follows: The LUMP-SUM PRICE shall be prorated on a monthly bases over the course of
the project, with final payment at 100% construction.
L. 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.
M. ELECTRICAL POWER
The Contractor shall provide, at his own expense, all necessary electrical power required
for his operations under the contract.
N. PROTECTION OF UNDERGROUND FACILITIES
Attention is directed to the possible existence of underground facilities not known to the
City or owner or in a location different from that which maybe indicated on the plans or in
these Special Provisions. The Contractor shall take steps to ascertain the exact location
of all underground facilities prior to doing work that may damage such facilities or interfere
with their service. If the Contractor discovers underground facilities not indicated on the
Plans or in these Special Provisions, Contractor shall immediately give the Director of
Public Works or his authorized representative written notification of the existence of such
facilities. Such previously unknown facilities shall be protected from damage as directed
by the Director of Public Works or his authorized representative and the Contractor will be
paid for such work as extra work as provided in Section 3-3 of the Standard Specifications.
O. AIR POLLUTION CONTROL
Section 7-8.2, “Air Pollution,” of the Standard Specifications is supplemented by the
following:
Safety & Ventilation – Construction Activities shall be conducted in compliance with OSHA
requirements for confined space. The Contractor is responsible for providing a method
statement and implementing necessary practices to comply with OSHA Safety and
Ventilation standards.
The Contractor shall comply with all air pollution control rules, regulations, ordinances and
statutes which apply to any work performed pursuant to the contract, including any air
pollution control rules, regulations, ordinances and statutes specified in Section 11017 of
the Government Code.
In the absence of any applicable air pollution control rules, regulations, ordinances or
statutes governing solvents, all solvents including, but not limited to the solvent portions
of paints, thinners, curing compounds, and liquid asphalt used on the project shall comply
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with the applicable material requirements of the County Air Pollution Control District.
P. PROJECT APPEARANCE
The Contractor shall maintain a neat appearance to the work. The project streets and any
street adversely affected by the Contractor’s activities shall be kept clean at all times.
A motorized vacuum sweeper is required pursuant to the second paragraph of Subsection
7-8.1 of the Standard Specifications.
In any area visible to the public, the following shall apply: When practicable, construction
debris developed shall be disposed of concurrently with its removal. If stockpiling is
required, the material shall be placed in an area which does not impact public or private
landscaping or irrigation and the material shall be removed or disposed of daily.
Should the Contractor appear to be neglectful or negligent in maintaining a clean project
site, the Director of Public Works or his authorized representative may direct the
Contractor’s attention to the existence of such condition(s). The Contractor shall provide
all necessary measures immediately, at his expense. If attention is directed to the
existence of such condition(s), and the Contractor fails to provide an appropriate remedy,
any expense incurred by the City for providing correcting actions may be deducted from
the pay estimates and the total contract price for the work, including a Fifty Dollar ($50.00)
penalty per calendar day the condition(s) exist from date of notification.
Full compensation for conforming to the provisions in this section not otherwise provided
for shall be considered as included in the LUMP-SUM PRICE, and no additional
compensation will be allowed therefore.
Q. WORK HOURS
The construction shall be conducted between the hours of 8:00 AM and 5:00 PM Monday
through Friday on non-school days and 9:00 AM and 4:00 PM on school days excluding
those listed in the Public Convenience and Safety-Traffic Control section, and City
holidays listed elsewhere in these specifications. No vehicle or personnel shall be allowed
to enter the site vicinity earlier than 7:00am and no vehicle or personnel shall be allowed
to park or wait in the vicinity or on adjacent streets before 7:00AM and after 6:00PM.
Deviation from normal working hours will not be allowed without prior written consent of
the Director of Public Works or his authorized representative.
In the event work is allowed by the Director of Public Works or his authorized
representative outside of the normal working hours, at the request of and for the benefit
of the Contractor, inspection service fees shall be levied against the Contractor at a rate
of $150.00 per hour, plus travel time where applicable. The above charge would be levied
for inspection services as necessary as a matter of public safety and to ensure the quality
of the work.
If work is permitted after sunset, the Contractor shall provide, at its expense, adequate
light for proper prosecution of the work for the safety of the workmen and the public, and
for proper inspection.
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R. 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 modified
liquidated damages of $1,000.00 per day. The preconstruction conference shall not be
considered viable without a work schedule.
Said schedule must show the dates of the expected start and completion of all phases of
the work. The schedule shall be in the form of a Gantt/Bar Chart and a Critical Path
Method schedule, and both shall be in sufficient detail to show the chronological
relationship of all activities of the project including, but not limited to, estimated starting
and completion dates of various activities, scheduling of equipment and procurement of
materials.
The City of Rancho Palos Verdes strictly adheres to a policy whereby property owners are
kept fully informed as to potential inconveniences caused by construction activities within
the City. Every effort is made to minimize these inconveniences. Toward this goal, the
Contractor will be required to thoroughly schedule his work and to share that schedule
with the property owners affected by the project. This shall be accomplished using door
hangers and on-street posting placed 72 hours prior to the planned activity which may
cause an inconvenience at that particular location. The date of beginning of closure shall
be shown on the notice. In order to avoid unnecessary problems through the construction
period, it is mandatory that all schedules are prepared to fully-address all of the known
controls which must be scheduled around. No work shall take place until the Director of
Public Works or his authorized representative and the Contractor have agreed to the
schedule to be followed by the Contractor.
Upon commencement of work, that work shall be completed as soon as practical in
each project area. Locations with open construction or incomplete work shall not
remain inactive. The Contractor shall limit the extent of his operations as needed to
ensure that work areas are completed in each location in a diligent and expeditious
manner. If a location is left inactive, the City may assess a penalty of $500 per day
for each specific location of work for each day of inactivity.
Except as otherwise specified, Contractor shall submit requests for changes in the
schedule in writing to the Director of Public Works or his authorized representative for
approval at least 2 working days prior to the scheduled work on the affected streets. For
each calendar day a revised schedule is delinquent, Five Hundred Dollars ($500.00) may
be deducted from the pay estimates and the total contract price for the work.
Payment - Payment for furnishing the schedules and any related items for their completion
shall be considered as included in the LUMP-SUM PRICE, and no additional
compensation will be made therefor.
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S. 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.
T. MOBILIZATION
Mobilization shall consist of preparatory work and operations including, but not limited to,
those necessary for the movement of personnel, equipment, materials, construction trailer,
portable toilets and incidentals to the project site necessary for work on the project and for
all other work and operations which must be performed or costs incurred including bonds,
insurance, City business license and financing prior to beginning work on the project site.
The Contractor shall provide a detailed project schedule, both electronically and in hard
copy form (see previous item on Scheduling and Notices). Schedule updates shall be
provided monthly with each progress payment, and in accordance with these specification
requirements and as directed by the Engineer. The Contractor’s project manager,
superintendent and foreman are required to attend the pre-construction meeting and
weekly progress meetings.
The Contractor shall have on the work site at all times, as its agent, a competent English
speaking superintendent capable of reading and thoroughly understanding the plans,
specifications, other related documents, and directions from City’s Construction
Representative.
The Contractor is responsible for securing an adequate storage site for equipment and
materials (see separate items that detail these requirements elsewhere in these General
Provisions).
The cost of providing bonds, insurance, financing, moving equipment to the job site and
preparing an approved work schedule shall be part of Mobilization work and included in
the contract price submitted as the LUMP-SUM PRICE, and no additional compensation
will be allowed therefor.
The City of Rancho Palos Verdes shall waive its permit fee. The Contractor shall comply
with the requirements specified of each license.
Mobilization shall also include the cost, time and labor to move the necessary construction
equipment to and from the job site, supervisory time on the job by the Contractor’s
personnel to keep the construction site in a safe condition, the costs to set
up/maintain/vacate the staging area, the costs to set up/maintain/vacate the field office
and toilet facilities and all other related work as required for all non-working days during
the course of construction.
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Mobilization shall also include all related “De-mobilization” costs, including the removal of
any remaining USA utility markings or other construction paint markings.
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.
Mobilization shall also include all related “De-mobilization” costs, including the removal
of any remaining USA utility markings or other construction paint markings.
24. PROJECT MONUMENT SURVEYS AND CONSTRUCTION STAKING
24.1 Permanent Survey Markers
The Contractor shall not disturb permanent survey monuments or benchmarks without the
consent of the Engineer. Where the Engineer concurs, in writing, with the Contractor that
protecting an existing monument in place is impractical, the City will employ a licensed
land surveyor to establish the location of the monument before it is disturbed. The City will
have the monument replaced by a licensed land surveyor no later than thirty (30) days
after construction at the site of the replacement is completed. The Licensed Land Surveyor
will file corner record(s) as required by '' 8772 and 8773, et seq. of the California Business
and Professions Code. Copies will be provided to the City within 10 days of replacement
of any monuments. When a change is made in the finished elevation of the pavement of
any roadway in which a permanent survey monument is located, the Contractor shall
adjust the monument frame and cover to the new grade. Documentation of any
disturbance or relocation, horizontal or vertical shall be provided to the
City.
PAYMENT: Payment for adjustment of monument frame and cover to new grade shall
include documentation of any disturbance or relocation, horizontal or vertical and providing
such documentations to the City. Payment for this work shall be considered as included
in the prices paid for the various contract items of work, and no additional compensation
will be allowed therefor.
24.2 Center Line Ties
Center line ties and/or monuments will be inventoried, tied out and prepared by third party
survey crew assigned by the City of Rancho Palos Verdes. The Contractor is not
responsible to locate centerline ties and/or monuments at locations which are part of the
project as directed by the Director of Public Works or his authorized representative.
Contractor shall notify city staff if any monument or ties within the construction zone
appear to have been overlooked. The monuments will be inventoried, tied out, and a
centerline tie sheet will be prepared and submitted to the Engineer by the third party survey
crew. Contractor shall continue to provide construction staking as needed.
24.3 Payment for Construction Staking
Payment for work performed to control the construction activities shall be included in the
actual bid items requiring the survey work, and no additional payment will be made.
Extension of unit prices for extra work shall include full compensation for attendant survey
work, and no additional payment will be made therefor.
24.4 Lines and Grades
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Except when, as per orders from the Director of Public Works or his authorized
representative, minor changes in the work are to be made by the Contractor, all work shall,
during its progress upon completion, conform to the lines, grades, and elevations shown
on the Plans. All distances and measurements are given thereon and will be made in a
horizontal plane. Three (3) consecutive points shown on the same rate of slope must be
used in common in order to detect any variation from a straight line, and in case any such
discrepancy exists, it must be reported to the Director of Public Works or his authorized
representative. Failure to make this report shall make the Contractor responsible for any
such error in the finished work. Payment - Except as otherwise provided in the Standard
Specifications or elsewhere in these Special Provisions, full compensation for conforming
to the requirements in this section shall be considered as included in the prices paid for
the various contract items of work, and no additional compensation will be
allowed therefor.
U. PROJECT SPECIAL PROVISIONS
PROJECT: Hawthorne Boulevard and Eddinghill Drive Traffic Signal
Modifications
STANDARD PLANS AND SPECIFICATIONS
Except as noted herein, on the Plans and/or within Permit requirements, all Work shall be
performed in accordance the Standard Specifications of the City contained in the 2021
Edition of the Standard Specifications for Public Works Construction “Greenbook”,
including any supplements, as written and promulgated by Public Works
Standards, Inc. and General Specifications herein. Copies of these Standard
Specifications are available from the publisher, BNI Building News, 990 Park Center Drive,
Suite E, Vista, California 92081; telephone: 760-734-1113. www.bnibooks.com
1 GENERAL
1.01 Work Included --
The work comprises without limitation, furnishing all necessary labor, materials,
equipment, and other incidental and appurtenant work necessary to upgrade the existing
traffic signal to accommodate protected left turn operations and upgrade the intersection’s
curb ramps new as more clearly described in the Contract Documents. Due to work to be
conducted in congested tight space, provide safe access to and from the adjacent house
and the public affected by this work.
It should be noted that the signal poles, mast arms, and other hardware are being provided
by the City at the City’s Public Works Yard next to City Hall. The contractor shall obtain
the signal poles, mast arms, and other hardware from the City Yard and shall be
responsible for the complete installation thereof (including all necessary works such as
foundations) at the project intersection.
Civil and Structure Demolition
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Work pertains to the demolition and removal of the existing sidewalk, asphalt, trees, and
curb and gutter. Demolition work must conform to the “Street Improvement Plan” sheet.
Payment for this phase includes full compensation for furnishing all labor materials, tools,
equipment, and all incidentals necessary for removing and disposing of the existing
features. All materials generated during demolition must be removed from the site and
disposed of at a legal dumping site. Noise must be controlled and monitored during
demolition and removal activities.
Work, under this phase, includes but not limited to are:
Sidewalk Removal,
Asphalt Removal, and
Sawcut Existing Pavement,
Erosion Control,
Curb & Gutter Removal and Disposal, and
Tree/Vegetation Removal
Civil
Work to construct the new driveway and sidewalk must conform to the “Street
Improvement Plan” sheet in the project plan set. Payment for this phase includes full
compensation for furnishing all labor, materials, tools, equipment and all incidentals
necessary for completing the civil work.
Work, under this phase, includes but not limited to are:
Earthwork,
AC Pavement (3” AC/6” AB),
Curb ramps, median noses, and Sidewalk.
1.02 Submittals - No separate payment shall be made for required project submittals.
Submittals shall include all materials, plans, diagrams, and drawings as called for in the
specifications, and as may be required by the work, and shall include at least the following:
a) Product Data and Shop Drawings Submittals
b) Project (Work) Schedule
The schedule shall be in the form of a Gant/Bar Chart and a Critical Path Method
schedule, and both shall be in sufficient detail to show the chronological
relationship of all activities of the project including, but not limited to, estimated
starting and completion dates of various activities, scheduling of equipment and
procurement of materials, and adherence to any milestones set forth in these
Special Provisions.
The Contractor shall provide a copy of the active schedule list in a format and on
a day acceptable to the Director of Public Works or authorized representative to
be considered the advance weekly schedule. The City will provide the Contractor
the format of the weekly schedule at the preconstruction conference. The
Contractor shall submit these schedules at least 1 week prior to the occurrence of
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the work. The Contractor shall be responsible for preparing any modifications to
these schedules on a weekly basis.
All construction schedules shall reflect completion of all work under the Contract
within the specified time and in accordance with the contract documents.
During the scheduling conference between the Contractor and the Director of
Public Works or authorized representative, the work schedule will be discussed
and modified, if necessary, by mutual agreement. Should it become necessary for
the City to temporarily delay the work schedule agreed upon during the scheduling
conference, every effort will be made to permit a new work schedule at the time
most convenient to the Contractor.
The City of Rancho Palos Verdes strictly adheres to a policy whereby the adjacent
residences through the city are kept fully informed as to potential inconveniences
caused by construction activities within the City. Every effort is made to minimize
these inconveniences. In order to avoid unnecessary problems through the
construction period, it is mandatory that all schedules are prepared to fully-address
all of the known controls which must be scheduled around.
c) Milestone: (i) Product Data and Shop Drawings Submittals
(ii) Project (Work) Schedule
(iii) Civil Demolition
(iv) Construction – Signal
(v) Construction – Civil
(vi) Closeout
d) Contact List and Notices
1.03 Product Handling
Use all means to protect all materials, before, during, and after installation. In the event of
damage, immediately make all repairs and replacements necessary to the approval of the
City’s designated representative at no additional cost to the Owner. Workmanship must
comply with printed instructions and recommendations of the manufacturer, and with the
highest standards of the industry.
1.04 Warranty
The contractor shall provide Owner a one-year warranty in writing that guarantees the
completed work to be free from defects in materials and workmanship. Contractor to
guarantee 72 hour call-out response to requests for warranty work during warranty period.
Call out response includes excessive gravel unravelling. Contractor shall blow all gravel
from driveways and gutter, and power sweep project area one time after 90 days of
completion, during the warranty period, if initial sweeping is not effective.
2- FURNISH AND APPLY WATER
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Furnishing and applying water shall be considered as included in the LUMP-SUM PRICE,
and no additional compensation will be allowed therefor.
Should the Contractor require water for construction operations, such as for compaction
and dust control, he shall apply for a water meter from, and follow the requirements of
California Water Service Company.
3- UNCLASSIFIED EXCAVATION
General: Unclassified excavation shall consist of all excavation, including hardscaping,
landscaping, soils, rock, roadway, and all other existing materials as necessary to
complete the intended construction items.
Existing utilities are not marked out. The Contractor shall be responsible for location and
determining the depths of all utilities and to provide adequate clearance. No additional
compensation shall be allowed for utility research. Removal of all AC items shall be paid
under their respective bid items, and no additional payment shall be made therefor in this
bid item.
Removal of Concrete Curb, Gutter, Sidewalks, Access Ramps and Driveways:
Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth
of 1.5 inches. Concrete sidewalk or driveways to be removed shall be neatly sawed in
straight lines either parallel to the curb or at right angles to the alignment of the sidewalk.
No section to be replaced shall be smaller than 30 inches in either length or width. If the
saw cut would fall within 30 inches of a construction joint, functional weakened plane joint,
expansion joint or edge, the concrete shall be removed to the joint or edge. In any case,
the saw cut shall be made in and along a score mark if within the 30-inch zone. Curb and
gutter shall be sawed to a depth of 1.5 inches on a neat line at right angles to the curb
face.
Removal of all PCC items shall be paid under their respective bid items, and no
additional payment shall be made therefor in this bid item.
Earthen Excavation
Following clearing and grubbing, the top six inches (6”) of soil in excavation at locations
not presently covered with concrete or AC shall be considered top soil. Top soil
excavations shall be set aside for replacement following trench backfill as required by
plans.
Any excavation performed as part of this work shall not be exposed for longer than 48
hours. Permanent concrete, where required by the plans, or finished earthen grades must
be placed or achieved over the excavated area by the end of the day on the Friday, or the
day before any City holiday, of the same work week that the excavation is performed.
Where sensitive plants/bushes in parkway may be permanently damaged by excavation
equipment, the sidewalk shall be manually excavated to avoid damage to the landscaping.
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All open excavations must be protected with lighted barricades and caution tape.
All roots found within excavation area shall be removed per subsection 300-6.2 of the
Standard Specifications. The Contractor shall coordinate all root removals with the City
Arborist.
Payment: Full compensation for Unclassified Excavation shall be considered as included
in the LUMP-SUM PRICE, and shall include furnishing all labor, materials, tools,
equipment, incidentals, and appurtenant work required to complete the work as shown on
the plans and in accordance with the specifications. No additional compensation will be
allowed.
4- CLEARING AND GRUBBING
The Contractor shall clear and grub within the easement as necessary to provide access
for equipment and perform the noted construction work.
Payment: Payment for clearing and grubbing shall be included in the LUMP-SUM PRICE,
and no additional compensation will be allowed therefor.
5- BEST MANAGEMENT PRACTICES
Best Management Practices/ NPDES Compliance shall be as specified in the Special
Provisions of these specifications, and shall be paid as part of the LUMP-SUM PRICE,
and no additional compensation shall be allowed.
6- PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
General: Except as may otherwise be provided in specific instances, nothing in the
Contract shall be constructed as vesting in the Contractor any property right in any
material, article or structure existing at the time of award of Contract within the area in
which the work is to be done; or in any material or article subsequently furnished for the
work by the Contractor after having been accounted for on an approved estimate
supporting the Contractor's demand for payment as provided in Section 9. In the latter
event any such material, article, structure or work shall become the property of the agency
after being so accounted for.
The Contractor shall maintain all existing signs not affiliated with the scope of work
including, but not limited to directional, warning, advisory, regulatory, bus stop, and street
markers, in an erect and functional position and condition all times during the construction
period in temporary locations as designated by the Director of Public Works. Any of these
facilities which are damaged or lost shall be replaced by the Contractor at no cost to the
Agency.
Contractor shall submit video documentation with a log of existing damages prior to
commencing with work. Should a resident claim existing improvements were damaged
by construction, and Contractor did not confirm status per above, Contractor shall restore
existing improvements at no cost to the City.
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All spray paint and markings used for locating utility lines, identifying work locations, or
any other purpose, shall be completely removed by power-washing.
Full compensation for protection and restoration of existing improvements shall be
included in the LUMP-SUM PRICE to which this work is appurtenant and no additional
compensation will be allowed therefore.
7- REMOVAL OF DEFECTIVE OR UNAUTHORIZED WORK
All work which is defective in its construction or deficient in any of the requirements of
these Special Provisions or the Standard Specifications shall be remedied, or removed
and replaced by the Contractor in a manner acceptable to the City and no compensation
will be allowed for such correction.
Upon failure on the part of the Contractor to comply forthwith with any order the Engineer
makes under the provisions of this section, the Public Works Department shall have
authority to cause defective work to be removed and replaced and deduct the costs thereof
from any monies due or to become due to the Contractor.
8- APPURTENANT WORK
All items in the Bid Schedule are for construction completed in place, including all
incidentals, appurtenant work and materials necessary for the satisfactory completion of
the work. Full payment shall be considered as part of the LUMP-SUM PRICE, and no
additional compensation will be made therefor.
9- INSPECTION BY CITY
The City shall inspect the quality and completeness of the Contractor's work and report
any deficiencies to the Contractor.
10- CLEANUP:
During all phases of construction, the Contractor shall maintain a clean work site, the
Contractor shall be responsible for the removal and disposal of all concrete, asphalt
concrete, tree roots, and any other debris resulting from the work performed. Full
compensation shall be considered as included in the LUMP-SUM PRICE.
11- CONSTRUCTION WATER:
The Contractor shall make his own provisions for water necessary for construction, drilling,
backfill consolidation and cleanup.
Note: The Contractor shall not use any private property water paid for by the property
owner. The Contractor shall obtain and pay for all costs incurred for any necessary
water meter permits. No extra compensation shall be allowed for the permit and/or
water meter.
For a permit contact:
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California Water Service
5837 Crest Road
Rancho Palos Verdes, CA 90275
(310) 377-5525
12- STORAGE SITES:
The Contractor may be allowed to store materials and equipment in designated areas at
City Hall or at the work site during the course of construction. The Contractor is required
to obtain permission for such storage from the Engineer.
The City may permit the Contractor to store certain materials and equipment on City
property provided that (1) The storage area has a gate which shall be closed by a lock at
the end of each day. (2) The site and access road must be kept clean at all times during
the period of the contract and (3) The Contractor complies with City requirements
regarding cleanup.
The allowable materials to be stored by the Contractor are: Vehicles, equipment, wooden
forms and tools. All storage materials must be first approved by the City. The Contractor
will not be allowed to store broken concrete, asphalt concrete or any debris on City
property.
If the site becomes unacceptable to the City for any reason, after notice by the City, the
Contractor shall correct the problem immediately. In the event that the City requests
removal of the materials from City property prior to the end of the construction period, the
Contractor shall not receive any additional compensation. The Contractor shall maintain
and clean the storage area on a daily basis.
The Contractor shall repair at no cost to the City, any damage to the asphalt concrete
access road resulting from the Contractor's vehicle traffic.
Upon failure on the part of the Contractor to comply with any of these Special Provisions,
the City shall have authority to cause defective work to be corrected and deduct the cost
of said corrections from any monies due or to become due to the Contractor.
The Contractor shall hold the City harmless in the event of damage, vandalism or injury to
the Contractor's equipment, materials, etc., resulting from the use of this site.
13 - FENCE CONSTRUCTION
Precast Concrete Fence components shall meet or exceed the following minimum
standards:
1. Concrete:
a. Concrete shall be normal weight concrete having sand and gravel or crushed
stone aggregate. Mixed with ASTM-C150, type I or III Portland cement.
b. Concrete workmanship:
i. Fresh poured concrete shall be tamped in to place using steel rammer,
slicing tools, or mechanical vibrator, until concrete is thoroughly
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compact and without voids. Excavation for footing shall be on
undisturbed soil or to the depth noted on the drawings. Leave the
bottom bearing surface clean and smooth. If footing excavations are
made deeper than intended, only concrete shall be used for fill. Remove
all loose material from excavations prior to concrete pour.
2. Fence characteristics:
a. All fencing to be standard galvanized finish.
b. Post will be embedded in concrete footings. Footings will be a minimum of 24
inches in depth, below grade.
c. Provide a 2” crown at the top of all post footing
d. Steel pipe schedule 40 galvanized, standard weight.
e. Lock: Fence/Gate shall be secured with an Alarm Lock TrilogyExit lock or
equivalent with the following specifications:
1. Vandal-resistant all metal, weather-resistant programmable for multi-
level access.
2. Power: Battery operated. Audible low battery alert.
14 - SITE RESTORATION
The Contractor shall be responsible for protection and preservation of existing vegetation
and improvements including necessary removal and storage of such improvements and
subsequent replacement to obtain to the fullest extent possible, the undisturbed condition.
The Contractor shall restore or replace, any property damaged or affected by its work,
equipment or employees to a condition at least equal to that of existing condition.
The Contractor shall thoroughly clean all areas affected by the contractor and the
subcontractors including areas and improvements affected by their equipment and
employees, upon completion of the work.
Payment: Full compensation for complying with the work contained in this section shall be
included in the LUMP-SUM PRICE, and no additional compensation will be allowed
therefor.
15 - FIELD CONDITIONS
Verify routing and termination locations of conduit and boxes prior to rough-in.
Conduit routing is shown on Drawings in approximate locations unless dimensioned.
Route as required to complete wiring system.
Pull Boxes installed outdoor, in-grade, and within the roadway Right of Way shall be
labeled per Drawings.
All work called for on the drawings by notes shall be furnished and installed whether or
not specifically noted in the specifications. Do not willfully install conduit and pull boxes
as indicated on the drawings when it is obvious in the field that unknown obstructions or
grade differences exist that might not have been considered in the design, or if
discrepancies in the construction detail, legend, or specific notes are discovered. All
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such obstructions or discrepancies shall be brought to the attention of the Lighting
Designer or Engineer. In the even that this is not done, the Contractor shall assume full
responsibility for the necessary revisions.
Due to the scale of the drawing, it is not possible to indicate all offsets, fittings, etc. which
may be required. The Contractor shall carefully investigate the structural and finished
conditions affecting all his work and plan his work accordingly, furnishing such fittings,
etc., as may be required to meet such conditions.
All costs and compensation to comply with the above provisions of this section shall be
considered included and absorbed in various items of the bid schedule unless noted otherwise.
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SPECIAL PROVISIONS
PART 6
TEMPORARY TRAFFIC CONTROL
PART 6 – TEMPORARY TRAFFIC CONTROL
600-1 General
600-1 General, is amended by adding thereto the following:
No lane closures shall be allowed during the hours of 7:00am to 9:00am and 4:00pm to
6:00pm and contractor shall open and maintain all lanes of travel during those hours.
The Contractor shall notify the occupants of all affected properties at least 48 hours prior to any
temporary obstruction of access.
Street closures will not be allowed, except as specifically permitted by the Engineer. Any
proposed local street and pedestrian closures must be submitted to the City for approval. The
Contractor shall place message signs 7 days before the closure date and notify the residents
and businesses, in coordination with the City, 72 hours before any closure.
The Contractor shall prepare any traffic control or detour plans that may be required as directed
by the Engineer.
Lane transitions shall conform to the Caltrans Traffic Manual, Section 5-08.4, “Transition Area.”
Temporary traffic channelization shall be accomplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Engineer. Temporary
traffic signals shall be used as needed. The Contractor shall prepare any plans that may be
required for temporary striping and signalization to the satisfaction of the Engineer. In no event
will temporary striping be allowed on finished pavement surfaces which are to remain.
The Contractor shall schedule an employee to police the temporary delineators, barricades and
signals within the travel way during weekday, non-working hours and over Saturdays, Sundays,
and holidays. Any corrective work required to be done by AGENCY forces shall be back
charged to the Contractor based on the actual costs, plus any AGENCY overhead and withheld
from the final payment.
Unless otherwise specified, all costs associated with the requirements of this Section shall be
considered as included in the bid item TRAFFIC CONTROL SYSTEM and no additional costs
will be made therefor.
The following requirements shall be met by any contractor doing work in the City Right of Way:
1. The Contractor shall obtain a City Permit for work performed in the City right-of-way and
provide the City with general liability insurance in the amount of $1,000,000.00, naming the
City as additionally insureds.
2. It is the responsibility of the Contractor performing work on a public street to install and
maintain the traffic control devices according to the “Manual of Uniform Traffic Control
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Devices” (MUTCD), latest edition, to ensure the safe movement of traffic and pedestrians
through or around the work area and provide maximum protection and safety to construction
workers. The Contractor shall submit a traffic control plan for approval prior to start of work
for any conditions not covered by the MUTCD. All traffic control plans shall be prepared and
stamped by a licensed Traffic Engineer.
3. FLASHING ARROW BOARD(S) ARE MANDATORY FOR LANE CLOSURES ON MAJOR
STREETS. They shall operate until traffic control is removed.
4. All travel lanes shall be open between 5:00 a.m. and 8:30 a.m. and between 3:30 p.m. and
9:00 p.m. One travel lane in each direction shall be open at all times between 8:30 a.m. and
3:30 p.m. Flaggers may be used if one lane in each direction cannot be kept open with the
prior approval of the Traffic Engineer. All traffic lanes shall be open before and after work
hours.
5. All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement
before and after work hours.
6. All signs, delineators, barricades, etc., shall conform to the State of California Standard
Specifications latest edition, the California Department of Transportation “Manual of Traffic
Control for Construction and Maintenance Work Zones” (latest edition). All barricades shall
be equipped with flashing/steady burn warning lamps at night. All cones, delineators,
barricades, and "k" rail shall be reflectorized. All traffic control shall be kept in their proper
position at all times, and shall be repaired, replaced, or cleaned as necessary to preserve
their appearance and continuity. Any devices not part of the required traffic control or
detours shall be removed from the view of the travelling public immediately.
7. The Contractor shall notify the METRO Bus Stops and Zones Dispatcher and any other
affected transit services at least two working days prior to construction.
8. Where necessary, properly post "TEMPORARY NO PARKING ANYTIME" signs at least 72
hours before start of work. The Contractor shall notify the local Police Department
immediately upon posting signs.
9. Vehicular and pedestrian access to adjacent properties shall be provided at all times.
Closed sidewalks shall be posted with “SIDEWALK CLOSED” signs at each approach to the
closure and an approved alternate route provided.
10. Protect traffic signal detectors in place or replace within 5 calendar days of final paving, or at
the discretion of the Traffic Engineer. All detectors damaged by the work shall be replaced
to the standards of the City Public Works Department.
11. Notify Public Works Department at least 48 hours prior to any work in right-of-way.
12. Any revisions to the traffic control plans or requirements shall be approved by the City
Engineer
13. Vehicular access to property line shall be maintained, except as required for construction for
a reasonable period of time. No overnight closure of any driveway will be allowed, except
as permitted by the Engineer.
14. At least one 11-foot wide traffic lane shall be provided for each direction of travel on all
streets at all times, except as permitted by the Engineer. The traffic lanes shall be
maintained on pavement, and shall remain unobstructed.
15. Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the
face of any curb, pole, barricade, delineator, or other vertical obstruction.
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SPECIAL PROVISIONS
PART 7
STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
Part 7 of the Standard Specifications is hereby deleted and replaced in its entirety by the following
requirements:
All traffic signal, safety light, street lighting and electrical systems shall conform to the Caltrans
Standard Plans and Standard Specifications, Section 86 “Electrical Work” and 87 "Electrical
Systems", 2018 edition, except as noted on the Plans and in the special provisions below. The
Caltrans Standard Plans and Specifications are hereinafter referred to as State Standard Plans
and State Standard Specifications. Copies of these documents are available from the Caltrans,
District 7 office at 120 South Spring Street, Los Angeles, California 90012, or from Caltrans, 6002
Folsom Boulevard, Sacramento, California 95819, (916) 445-3520.
All materials required for the completion of work as shown on the plans, bid items, and these
Special Provisions shall be provided by the Contractor unless otherwise noted.
The following special provisions are supplementary and in addition to the provisions of the State
Standard Specifications, and are only called out if elaboration, amendments, specifying of options,
or additions are required. In the event of conflict with the State Standard Specifications, these
Special Provisions shall govern.
86-1.01D QUALITY ASSURANCE
The Contractor shall be responsible for the entire work constructed under this contract including
materials furnished and work performed by manufacturers, suppliers, and subcontractors. The
Contractor shall make, at no cost to the City of Rancho Palos Verdes, any repairs or replacements
made necessary by defects in workmanship or materials that becomes evident within one (1) year
after filing of the Notice of Completion of the work and to restore to full compliance within the
requirements of these Specifications, any part of the work which during the one (1) year period
is found to be deficient with respect to any provision of the Plans and Specifications. The
Contractor shall make all repairs and replacements promptly upon receipt of written orders from
the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City
may do the work and the Contractor and his surety shall be liable to the City for the cost.
Whenever any work or equipment is to be guaranteed to be maintained by a manufacturer,
supplier, or subcontractor, said obligation shall be that of the Contractor.
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All guarantees shall be in writing and delivered to the Engineer by the Contractor prior to final
acceptance of the work.
86-1.02 MATERIALS
86-1.02B CONDUIT AND ACCESSORIES
New conduit shall be Type 3 Schedule 80 PVC unless otherwise noted. The line side of the service
pedestal shall be galvanized conduit. When a standard coupling cannot be used for coupling metal
type conduit, a UL listed threaded union coupling or a concrete-tight split coupling or concrete-
tight set screw coupling shall be used.
Metal conduit couplings shall be threaded or compression type. Threadless connections or
threaded coupler with two bolts as a clamp will not be allowed.
86-1.02C PULL BOXES
All pull boxes shall be #6 unless otherwise noted. All pull boxes shall be reinforced concrete with
etched polyethylene face, and a plastic rim with Fiberlyte or equivalent cover with bolt-down
cover, and shall be Christy Products or approved equivalent. Extensions shall be used where
required. All broken or damaged pull-boxes and covers shall be replaced. Traffic pull box covers
shall be labeled “Traffic Signal” or as noted on the Plans.
86-1.02F CONDUCTORS AND CABLES
Signal cable shall be installed in lieu of individual conductors and shall conform to State Standard
Specifications. Splicing of individual signal cables shall be made in signal standard terminal blocks
and in controller cabinets only. A minimum of three feet of slack shall be provided in each pull
box and on detector cables in the controller cabinet.
Bonding and grounding jumpers shall be visible after cap has been poured on foundations.
86-1.02P(2) SERVICE EQUIPMENT ENCLOSURES
Conduits used for electrical services shall be rigid galvanized steel or PVC as shown on the plan.
When PVC conduits are used, they shall be provided with concrete encasement per Southern
California Edison requirements.
The Contractor shall be responsible for all service details, and scheduling far in advance of need.
The Contractor is encouraged to work on service cabinets and their associated conduits and pull
boxes prior to receiving signal and lighting equipment.
The City will pay all Southern California Edison service connection fees. For more information on
the service equipment, please contact Southern California Edison.
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Service equipment wiring shall consist of 120/240V with 120V unmetered luminaires and metered
traffic signal and other electrical equipment. Circuit breakers shall be rated 50 amps for the traffic
signal and 30 amps for highway safety lighting and as called for on the plans for other electrical
circuits.
Electrical service equipment installation and conduit run details shall be as specified by the serving
utility company, and written proof of their approval shall be submitted to the Engineer prior to
installation. The Contractor shall be responsible for all service details, expenses, and scheduling,
far in advance of need.
86-1.02Q CABINETS
86-1.02Q(3) CONTROLLER CABINETS
Controller. Controller shall be Type 2070 LX with 2033 BITRANS software and all auxiliary
equipment as necessary for intended operation as shown on plan.
Warranties and Guaranties: It is the responsibility of the contracted vendor to ensure that all
equipment provided has been thoroughly tested prior to shipment, and that each shipment
conforms to these specifications. The minimum warranty for any equipment and materials shall
be for a period of two (2) years from the date of test acceptance. The warranty shall cover all
manufacturers’ defects, parts, labor and shipping costs. The warranty for each unit of
equipment requiring repair shall be extended by the length of time the unit is out of service for
repair.
86-1.02R SIGNAL HEADS
All vehicular indications shall be 12-inch with visors and backplates. Backplates shall have a 2-
inch retroreflective yellow strip.
All signal heads shall be aluminum alloy or approved equal. All non-programmed lenses shall be
glass with aluminum reflectors. Plastic housing, visors and backplates will not be permitted.
Top openings of the signal heads shall be sealed with neoprene gaskets.
All signal and pedestrian lamps shall be furnished by the Contractor and shall be included in the
lump sum bid for various items of work, and no additional compensation will be allowed therefor.
All signal and pedestrian lamps shall be Light Emitting Diode (LED) traffic signal equipment.
86-1.02S PEDESTRIAN SIGNAL HEADS
Pedestrian signals shall be Type A (Countdown type) with Z-crate type front screens. Plastic
housings will not be permitted.
All pedestrian signal indications shall be side by side combination of international symbols of
person and hand. Each symbol shall be not less than 11 inches high and not less than 7 inches
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wide. All pedestrian lamps shall be furnished by the Contractor and shall be included in the lump
sum bid for various items of work, and no additional compensation will be allowed therefore.
86-1.02U PUSH BUTTON ASSEMBLIES
New pedestrian push buttons for traffic signals shall be touchless APS push buttons (Polara or
City approved equivalent).
Control unit for the POLARA (or approved equal) Accessible Pedestrian System shall be located in
the intersection controller cabinet.
Where two push buttons exist on the same push button post a double push button
station adaptor shall be used to maintain the same height of both push buttons.
86-2.01 GENERAL
The Contractor shall be responsible for all cost of furnishing, installation of the loop detection
system including materials, labor, pulling all cables into controller cabinets, and making all
connections and terminations for a fully functional system.
The Contractor shall be responsible for all incidental accessories necessary to make the detection
system complete and ready for operation. Such incidentals shall be furnished, delivered and
installed by the Contractor without additional expense to the City. Minor details not shown or
specified, but necessary for the proper installation and operation of the detection system, shall
be included in the work and in the Contractor’s bid price.
87-1.03B CONDUIT INSTALLATION
All conduits with 3 and 4 inch diameter shall be installed at a minimum depth of 36 inches below
grade at all locations.
Conduit shall be installed at a consistent depth throughout a block with a minimum 30 inches of
cover.
Trenching across existing pavement and sidewalk for installation of conduit is not permitted unless
otherwise allowed on the plans or as directed by the Engineer. Conduit installed beneath existing
sidewalk shall include all work to remove and replace existing sidewalk from score line to score
line.
All conduit runs beneath existing roadway shall be installed by directional boring, jacking or drilling
methods unless otherwise allowed on the plans or directed by the Engineer. If, and only if, those
methods are not successful or feasible, the Contractor, with the approval of the Engineer, may
install conduit by trenching in pavement method. Approval from the Engineer may be given on a
case by case basis, but no additional compensation will be allowed therefore. Trenching in
pavement method is not allowed without written permission from the Engineer.
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All conduits shall have a minimum 2-foot radial clearance from all existing utilities unless otherwise
approved by the Engineer and Utility owner.
All copper conductor and cable conduit runs shall have no more than a total of three 90 degree
bends or two 90 degree bends and two 45 degree bends.
All conduit ends shall terminate 3 inches above the gravel surface and 9 inches minimum
clearance between the top of the bushing and the top of the pull box shall be provided. In
addition, conduits shall be terminated at 90 degrees to the ground level. Conduit ends shall have
bell or end bushings and be sealed with an approved type of sealing compound after conductors
are installed.
87-1.03C INSTALLATION OF PULL BOXES
Pull boxes shall be installed no less than 1 foot from any existing, proposed or future (as shown
on plans) curb ramp and no less than 3 feet from any existing, proposed or future (as shown on
the plans) traffic signal pole unless approved by the Engineer in the field. All pull box locations
shall be approved by the Engineer in the field prior to installation.
87-1.03E EXCAVATION AND BACKFILLING FOR ELECTRICAL SYSTEMS
Excavations for foundations shall be hand dug until clear of obstructions. Contractor shall be
responsible for potholing to ensure foundations do not impact underground utilities.
87-1.03E(3) CONCRETE PADS, FOUNDATIONS, AND PEDESTALS
Foundations. Flash substitutes and/or admixtures shall not be permitted.
87-1.03F(1) GENERAL
Splices of individual conductors and drain wires for safety lighting shall be done in the pull boxes
only. Splices shall be per Caltrans Standard Plan ES-13A.
Conductor Identification. In addition to the section listed in the Caltrans Standard Specifications,
the following is added:
At the controller cabinet, all cables shall be marked per pole as shown on the conductor schedule
(1, 2, 3, 4, 5, etc)
Circuit Conductors.
Multiple conductors for all traffic signal phases terminating in the controller cabinet output file
shall be terminated in crimp style terminated lugs. If more than 2 conductors need to be
terminated at the same location, the screw type-clamping lug shall be used for that terminal.
87-1.03H CONDUCTOR AND CABLES SPLICES
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Wiring splices shall be insulated by "Method B" or, at the Contractor's option, splices of conductors
shall be insulated with heat-shrink tubing of the appropriate size after thoroughly painting the
spliced conductors with electrical insulating coating as outlined in this section.
Each signal cable shall be marked in each pull box, showing the phase and signal standard to
which it is connected.
All conductors that are to be spliced together shall be twisted a minimum of five turns and
soldered. Then, the joint shall be held by mechanical means before insulating in accordance with
"Method B".
87-1.03R SIGNAL HEADS
New vehicle signal heads on mast arm standards shall be mounted 11 feet minimum above finish
grade.
MEASUREMENT AND PAYMENT
Compensation shall be made in accordance with the Special Provisions Section. The following
are added for further clarification.
Bid Item 100 – Mobilization (5% Maximum)
Full compensation for the requirements of Mobilization (5% Maximum) will be paid for at
the contract LUMP SUM (LS) price bid, and shall include obtaining and paying for all
permits and business licenses as required from the City of Rancho Palos Verdes, and all
other agencies (including but not limited to Los Angeles County). The City of Rancho
Palos Verdes will waive its permit fee. The Contractor shall comply with the requirements
specified by each license or permit. Progress payments for this item shall be paid in
accordance with the completion percentage of the project to the Contractor, and shall
include the costs of such mobilization and administration for the entire contract period,
including construction schedule.
Bid Item 201 – Traffic Control per City Requirements
Full compensation for the requirements of Traffic Control per City Requirements including
Temporary Traffic Control will be paid for at the contract LUMP SUM (LS) price bid, and
shall include full compensation for furnishing all labor, materials, tools, equipment and
incidentals and for doing all the traffic control related work involving placing, removing,
storing, maintaining, moving to new locations, replacing and disposing of the components
of traffic control system as specified in the Standard Specifications, City of Rancho Palos
Verdes standards and these Technical Provisions, and as directed by the Agency
Representative. The lump sum price shall also include non-skid steel plates and
temporary AC including installation and removal; all associated temporary signals, signing
and striping; flashing arrow signs; flagging and/or flagger costs; and project notifications
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where no additional compensation will be made therefor.
Full compensation for conforming to the requirements for Portable Changeable Message
Sign (PCMS), including furnishing all labor, tools, equipment, materials and incidentals
required for doing all the work involved in furnishing, installing, maintaining, relocating,
changing sign message (regardless of the number of times directed by the Engineer),
replacing, repairing, and when no longer required, removing of all PCMS as specified in
the Standard Specifications, and these Technical Provisions, and as directed by the
Engineer, shall be considered as included in the contract lump sum price paid for Traffic
Control and no separate compensation will be allowed therefor.
Progress payments shall be on a percentage basis of the total contract work performed.
Bid Item 202 – Temporary Traffic Signal
The work specified under this bid item includes furnishing all labor, materials, tools,
equipment, and incidentals necessary to install, maintain, and remove a fully operational
temporary traffic signal system to facilitate safe and efficient traffic control during the
construction of new traffic signal pole foundations. The temporary traffic signal system
shall include, but is not limited to, weighted steel plate pedestals, temporary overhead
wiring, signal heads, controllers, conduits, and any other necessary components to
ensure the uninterrupted operation of the traffic signal.
Weighted Steel Plate Pedestals must be fabricated from durable, non-corrosive steel and
designed to withstand wind loads and vibrations. They must be adequately weighted and
stable to avoid tipping under all conditions.
All temporary wiring shall meet California Department of Transportation (Caltrans) and
National Electric Code (NEC) standards. Cables shall be weather-resistant and designed
for outdoor use. Wiring connections shall be waterproofed using approved connectors.
Signal heads must meet Caltrans standards, and be visible under all lighting conditions.
Controller units shall be compatible with the existing system and capable of standard
traffic operations.
This includes all temporary conduits, junction boxes, and wiring supports as needed as
well as protective sheathing and signage for public safety.
This execution of this item shall include but is not limited to:
o Installation: Install temporary traffic signals in locations approved by the engineer to
ensure full visibility and operational effectiveness. Use weighted steel plate pedestals
to support signal heads securely. Temporary overhead wiring shall be installed at a
minimum clearance of 18 feet above the roadway.
o Operation and Maintenance: Ensure the temporary traffic signal operates
continuously and accurately during all phases of construction. Perform routine
maintenance, including inspections and adjustments, to keep the system operational.
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Provide a 24-hour emergency response for signal malfunctions.
o Coordination: Coordinate with utility providers, local agencies, and the engineer to
avoid conflicts with existing utilities or facilities. Notify the City and affected parties at
least 72 hours before energizing the temporary traffic signal system.
o Removal: Remove all temporary traffic signal components upon completion of the
new traffic signal installation. Restore the site to its original condition or as directed by
the engineer.
Payment for this bid item shall be made at the lump sum price bid and shall include full
compensation for all labor, materials, equipment, tools, and incidentals necessary to
complete the temporary traffic signal installation, maintenance, and removal. No
additional payment will be made for maintaining or adjusting the system during
construction or for removal and restoration upon project completion.
All temporary traffic signal systems shall comply with applicable sections of the Caltrans
Standard Specifications, the Manual on Uniform Traffic Control Devices (MUTCD), and
any specific local agency requirements. The contractor shall obtain all necessary permits
and approvals prior to installation.
Bid Item 301 – Clearing and Grubbing
Full compensation for the requirements of Clearing & Grubbing shall be at the Lump Sum
(LS) price bid and shall be paid based on the percentage of work completed. The
compensation shall include the compliance with the requirements specified and shall
include full compensation for furnishing all labor, materials, tools equipment and
incidentals, and for doing all the work involved and no additional compensation will be
made therefor.
Bid Item 302 – NPDES Compliance/Water Pollution Control
Full compensation for the requirements of Water Pollution Control shall be at the Lump
Sum (LS) price bid and shall be paid based on the percentage of work completed. The
lump sum bid price shall consist of prevention, controlling, and abating discharge of
pollutants form the construction site, and shall be performed in accordance with the Water
Pollution Control Plan, Standard Specifications, the Plans, and these Special Provisions.
Bid Item 401 – Surveying and Construction Staking
Full compensation for the requirements of Surveying and Construction Staking shall be
at the Lump Sum (LS) price bid and shall be paid based on the percentage of work
completed. The lump sum bid price shall include the cost of surveying and cut sheets per
SSPWC Section 29.2. No grade setting, staking, or survey services will be performed by
the City. Surveying shall be performed by a Land Surveyor registered in the State of
California. The City reserves the right to check the Contractor's work at any time during
the project.
Checks performed by the City will not relieve the Contractor from responsibility to properly
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locate and construct the Work in accordance with these Contract Documents.
Detailed construction staking cut-sheets shall be submitted to the City in an acceptable
format along with a point plot showing the locations and stake numbers of stakes installed
in relation to the proposed improvements. All stakes or marks installed in the field shall
be included in the submitted cut-sheets. Cut sheets shall be made by the Land Surveyor
performing the construction staking and shall be submitted within 48 hours of placing
stakes and least 24 hours prior to pouring concrete or removing stakes to allow for
inspection of forms and grades.
The lump sum bid price shall include the cost of maintaining and restoring survey
monuments per SSPWC Section 2-9.2. The contractor shall preserve or replace all survey
monuments per the Standard Specifications, these Special Provisions, and the project
plans. An individual licensed to practice land surveying in the State of California shall be
in responsible charge of the identification, preservation, and re-establishment of any
monuments damaged or destroyed during construction.
Corner records, or other statutory required documentation, both before and after
construction, shall be provided as described in the Professional Land Surveyors Act.
Submit corner record or other statutory required documentation for perpetuating the
current position of the monuments prior to disturbing any survey monuments.
Submit a final signed and recorded corner record, and any other statutory required
documentation of all replaced survey monuments.
Bid Item 402 – Curb Ramp Replacement and Median Nose Adjustment
Full compensation for the requirements of Curb Ramp Replacement and Median Nose
Adjustment will be paid for at the contract LUMP SUM (LS) price bid, including P.C.C.
Curb Ramp constructed in place, and shall include full compensation for furnishing all
labor, equipment, and materials for sawcut, demolition, removal, and disposal of existing
miscellaneous improvements, including protection and/or replacement of all existing
drains, excavation, erosion control, crushed miscellaneous base (CMB), forms, subgrade
preparation, root removal, all forms, P.C.C. ramp, curb and gutter, and sidewalk
improvements from BCR to ECR as shown on the plans, grooving, utility adjustments,
restoring form areas, installation of detectable warning surfaces (wet cast) per Federal
ADA and manufacturer’s requirements, and all other appurtenant work not specifically
described in any other item of the Special Provisions, complete and in place, as specified
per SPPWC Std. Plans, or requested by the Engineer. No additional compensation will
be allowed therefore. Wherever a utility boxes or conduit, not covered by a separate bid
item, exist in the new curb ramp, the utility box and conduit shall be adjusted to the curb
ramp grade and the adjustment shall be included in the unit price bid per lump sum curb
ramp. No additional compensation shall be allowed. When joining, new construction, new
gutters shall match existing improvements with proper line and grade to form a safe,
smooth surface. All concrete flow-lines shall be water-tested upon completion of finishing,
and any irregularities causing water ponding shall be corrected and refinish at the
Contractor’s sole expense. No additional compensation will be allowed.
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Bid Item 501 – Remove Striping
Full compensation for the requirements of Remove Striping shall be paid for at the
contract unit price bid per LINEAL FOOT (LF), and shall include all labor, tools,
equipment, material and incidentals necessary to complete the work as shown on the
plans and in these Special Provisions, including but not limited to sand blasting, water
blasting and grinding (as specified on plans) for the removal of existing thermoplastic
striping on the plans and as directed by the Engineer. No additional compensation will be
allowed therefore.
Bid Item 502 – Remove Sign and/or Post
Full compensation for the requirements of Remove Sign and/or Post will be paid for at the
contract unit price bid per EACH (EA), and shall include all labor, tools, equipment,
material and incidentals necessary to complete the work as shown on the plans and in
these Special Provisions, including but not limited to removing signs mounting hardware
to remove signs on posts, mast arms, or street light poles (when applicable) as shown on
the plans and as directed by the Engineer. No additional compensation will be allowed
therefore.
Bid Item 503 – Install Sign and/or Post
Full compensation for the requirements of Install Sign and/or Post will be paid for at the
contract unit price bid per EACH (EA), and shall include all labor, tools, equipment,
material and incidentals necessary to complete the work as shown on the plans and in
these Special Provisions, including but not limited to installing new signs mounting
hardware to install signs on posts, mast arms, or street light poles (when applicable) as
shown on the plans and as directed by the Engineer. No additional compensation will be
allowed therefore.
Bid Item 504 – Relocate Sign and/or Post
Full compensation for the requirements of Relocate Sign and/or Post will be paid for at
the contract unit price bid per EACH (EA), and shall include all labor, tools, equipment,
material and incidentals necessary to complete the work as shown on the plans and in
these Special Provisions, including but not limited to installing new signs mounting
hardware to install signs on posts, mast arms, or street light poles (when applicable) as
shown on the plans and as directed by the Engineer. No additional compensation will be
allowed therefore.
Bid Item 505 – Install Striping
Full compensation for the requirements of Install Striping will be paid for at the contract
unit price bid per LINEAL FOOT (LF), and shall include all labor, tools, equipment,
material and incidentals necessary to complete the work as shown on the plans and in
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these Special Provisions, including but not limited to new thermoplastic striping as shown
on the plans and as directed by the Engineer. No additional compensation will be allowed
therefore.
Bid Item 506 – Install Pavement Markings
Full compensation for the requirements of Install Pavement Markings will be paid for at
the contract unit price bid per SQUARE FOOT (SF), and shall include all labor, tools,
equipment, material and incidentals necessary to complete the work as shown on the
plans and in these Special Provisions, including but not limited to new thermoplastic
striping as shown on the plans and as directed by the Engineer. No additional
compensation will be allowed therefore.
Bid Item 601– Furnish and Install Cabinet and Controller Complete on New
Foundation
Full compensation for: the removal and salvage to City Yard of existing cabinet, battery
backup system, and controller complete; removal and disposal of existing foundation;
construction of new foundation per Caltrans standard plans; Furnish and Install (F&I) New
Type 2070 LX Controller Assembly Complete in Type 332 Cabinet with 2033 BiTrans
Software with ALL auxiliary equipment, including ALL other equipment necessary for
intended operation will be paid for at the contract LUMP SUM (LS) price bid, and shall
include all testing, labor, tools, equipment, materials and incidentals to furnishing
installing of cabinet, foundation, concrete pad, controller, software, wireless radio
communication, pedestrian isolation modules, switch packs, conflict monitor, and any
other necessary components and devices to provide functioning controller for operation
as shown on the plans and as directed by the Engineer.
Bid Item 602 – Remove and Dispose Signal Pole, Attached Equipment, Pull Box and
Foundation
Full compensation for the requirements of Remove and Dispose Signal Pole Attached
Equipment, Pull Box and Foundation will be paid for at the contract unit price bid per
EACH (EA), and shall include all labor, tools, equipment, material, transportation,
hauling/deliveries, and all incidentals necessary to removing of poles and foundations as
shown on the plans and in these Special Provisions and as directed by the Engineer. No
additional compensation will be allowed.
Bid Item 603 – Remove and Dispose Street Light and Foundation
Full compensation for the requirements of Remove and Dispose Street Light and
Foundation will be paid for at the contract unit price bid per EACH (EA), and shall
include all labor, tools, equipment, material, transportation, hauling/deliveries, and all
incidentals necessary to removing of street lights and foundations and reconnect to street
light circuit as shown on the plans and in these Special Provisions and as directed by the
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Engineer. No additional compensation will be allowed.
Bid Item 604 – Furnish & Install New Pedestrian Push Button Post and Foundation
Full compensation for the requirements of Obtain from City Yard & Install New Pedestrian
Push Button Post and Foundation, will be paid for at the contract unit price bid per
EACH (EA), and shall include all labor, tools, equipment, material, transportation,
hauling/deliveries, and all incidentals necessary to installing of poles and foundations as
shown on the plans and in these Special Provisions and as directed by the Engineer. No
additional compensation will be allowed.
Bid Item 605 – Furnish & Install New Type I-A Pole and Foundation
Full compensation for the requirements of Obtain from City Yard & Install New Type I-A
Pole and Foundation, will be paid for at the contract unit price bid per EACH (EA), and
shall include all labor, tools, equipment, material, transportation, hauling/deliveries, and
all incidentals necessary to installing of poles and foundations as shown on the plans and
in these Special Provisions and as directed by the Engineer. No additional compensation
will be allowed.
Bid Item 606 – Furnish & Install New Type 15 Pole and Foundation
Full compensation for the requirements of Obtain from City Yard & Install New Type 15
Pole and Foundation, will be paid for at the contract unit price bid per EACH (EA), and
shall include all labor, tools, equipment, material, transportation, hauling/deliveries, and
all incidentals necessary to installing of poles and foundations as shown on the plans and
in these Special Provisions and as directed by the Engineer. No additional compensation
will be allowed.
Bid Item 607 – Furnish & Install New Type 26 Pole and Foundation
Full compensation for the requirements of Obtain from City Yard & Install New Type 27
Pole and Foundation, will be paid for at the contract unit price bid per EACH (EA), and
shall include all labor, tools, equipment, material, transportation, hauling/deliveries, and
all incidentals necessary to installing of poles and foundations as shown on the plans and
in these Special Provisions and as directed by the Engineer. No additional compensation
will be allowed.
Bid Item 608 – Furnish & Install 40' Signal Mast Arm
Full compensation for the requirements of Obtain from City Yard & Install 40' Signal Mast
Arm, will be paid for at the contract unit price bid per EACH (EA), and shall include all
labor, tools, equipment, material, transportation, hauling/deliveries, and all incidentals
necessary to installing of mast arms as shown on the plans and in these Special
Provisions and as directed by the Engineer. No additional compensation will be allowed.
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Bid Item 609 – Furnish & Install 15' Luminaire Mast Arm
Full compensation for the requirements of Obtain from City Yard & Install 15' Luminaire
Mast Arm, will be paid for at the contract unit price bid per EACH (EA), and shall include
all labor, tools, equipment, material, transportation, hauling/deliveries, and all incidentals
necessary to installing of mast arms as shown on the plans and in these Special
Provisions and as directed by the Engineer. No additional compensation will be allowed.
All highway safety lights must utilize LED technology with wattage equivalent to the
specified HPS values indicated in the plans. The lights shall be manufactured by Acuity
Lighting (2700K to 3000K lumens) or an equivalent model approved by the City.
Bid Item 610 – Furnish & Install 3-12" Vehicle Head w/ Mounting & Backplate
Full compensation for the requirements of Furnish & Install 3-12" Vehicle Head w/
Mounting & Backplate, will be paid for at the contract unit price bid per EACH (EA),
and shall include all labor, tools, equipment, material, transportation, hauling/deliveries,
and all incidentals necessary to installing vehicle heads, mounting and backplates as
shown on the plans and in these Special Provisions and as directed by the Engineer. No
additional compensation will be allowed.
Bid Item 611 – Furnish & Install Countdown Pedestrian Head with (w/) Mounting
Full compensation for the requirements of Furnish & Install Countdown Pedestrian Head
w/ Mounting, will be paid for at the contract unit price bid per EACH (EA), and shall
include all labor, tools, equipment, material, transportation, hauling/deliveries, and all
incidentals necessary to installing pedestrian heads and mounting as shown on the plans
and in these Special Provisions and as directed by the Engineer. No additional
compensation will be allowed.
Bid Item 612 – Furnish & Install Touchless APS Pedestrian Push Buttons
Full compensation for the requirements of Furnish & Install APS Pedestrian Push Buttons,
will be paid for at the contract LUMP SUM (LS) price bid, and shall include all labor,
tools, equipment, material, transportation, hauling/deliveries, and all incidentals
necessary to removal of existing push buttons and installing pedestrian push buttons and
mounting as shown on the plans and in these Special Provisions and as directed by the
Engineer. No additional compensation will be allowed.
Bid Item 613 – Furnish and Install LED Internally Illuminated Street Name Signs
(IISNS)
Full compensation for the requirements of Furnish and Install LED Internally Illuminated
Street Name Signs (IISNS), will be paid for at the contract unit price bid per EACH
(EA), and shall include all labor, tools, equipment, material, transportation, mounting,
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hauling/deliveries, and all incidentals necessary as shown on the plans and in these
Special Provisions and as directed by the Engineer. No additional compensation will be
allowed.
Contractor shall furnish IISNS Specifications per the requirements Appendix IV of
these Specifications
Bid Item 614 – Furnish & Install Inductive Loop Detection System
Full compensation for the requirements of Furnish & Install Inductive Loop Detection
System, will be paid for at the contract LUMP SUM (LS) price bid, and shall include all
labor, tools, equipment, material, transportation, hauling/deliveries, wiring, testing, and all
incidentals necessary to installing the Inductive Loop Detection system complete as
shown on the plans and in these Special Provisions and as directed by the Engineer. No
additional compensation will be allowed.
Bid Item 615 – Furnish & Install #6 Pull Box
Full compensation for the requirements of Furnish & Install #6 Pull Box, will be paid for at
the contract unit price bid per EACH (EA), and shall include all labor, tools, equipment,
material, transportation, hauling/deliveries, and all incidentals necessary to complete the
work as shown on the plans and in these Special Provisions, including coordination with
the City. When this item is installed in existing asphalt or concrete to remain, the work
shall include (as applicable) sawcuts, removal and disposal of existing improvements,
backfilling of voids created by the removals with suitable native materials, compaction,
and restoration of existing surface. No additional compensation will be allowed.
Bid Item 616 – Furnish & Install 2" Conduit
Full compensation for the requirements of Furnish & Install 2" Conduit, will be paid for at
the contract unit price bid per LINEAL FOOT (LF), and shall include all labor, tools,
equipment, material, transportation, hauling/deliveries, backfilling of voids created by the
removals with suitable native materials, compaction, and all incidentals necessary to
complete the work as shown on the plans and in these Special Provisions, including
coordination with the City. No additional compensation will be allowed.
Bid Item 617 – Furnish & Install 3" Conduit
Full compensation for the requirements of Furnish & Install 3" Conduit, will be paid for at
the contract unit price bid per LINEAL FOOT (LF), and shall include all labor, tools,
equipment, material, transportation, hauling/deliveries, backfilling of voids created by the
removals with suitable native materials, compaction, and all incidentals necessary to
complete the work as shown on the plans and in these Special Provisions, including
coordination with the City. No additional compensation will be allowed.
Bid Item 618 – Furnish & Install 4" Conduit
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Full compensation for the requirements of Furnish & Install 4" Conduit, will be paid for at
the contract unit price bid per LINEAL FOOT (LF), and shall include all labor, tools,
equipment, material, transportation, hauling/deliveries, backfilling of voids created by the
removals with suitable native materials, compaction, and all incidentals necessary to
complete the work as shown on the plans and in these Special Provisions, including
coordination with the City. No additional compensation will be allowed.
Bid Item 619 – Wiring
Full compensation for the requirements of Wiring, will be paid for at the contract LUMP
SUM (LS) price bid, and shall include all labor, tools, equipment, material, transportation,
hauling/deliveries, and all incidentals necessary to do all the work as shown on the plans
and in these Special Provisions and as directed by the Engineer. No additional
compensation will be allowed.
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CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of the bid:
____ Completed and Signed Proposal
____ Completed and Signed Bid Sheets
____ Completed Information Required of Bidders Form
____ Completed References Sheet(s)
____ Executed Statement Acknowledging Penal and Civil Penalties Concerning
the Contractor’s Licensing Law
____ Attached Resume of General Construction Superintendent or on-site
Construction Manager for the Contractor
____ Completed Designation of Subcontractors Form
____ Completed and Signed Contractor’s Industrial Safety Record
____ Completed, Signed and Notarized Bid Bond or Other Security
____ Signed and Notarized Non-Collusion Declaration
____ Completed and Signed Acknowledgement of Addenda
____ Completed Bidder Statistical Information Form
____ All Addenda (if applicable)
Failure of the Bidder to provide all required information in a complete and accurate manner may
be considered non-responsive.
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PROPOSAL
CITY OF RANCHO PALOS VERDES
HAWTHORNE BOULEVARD AND EDDINGHILL DRIVE TRAFFIC SIGNAL MODIFICATION
PROJECT
CITY PROJECT NO. 8857
TO THE DIRECTOR OF PUBLIC WORKS, CITY OF RANCHO PALOS VERDES:
The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any
other person, firm or corporation, and that the only persons or parties interested as principals are
those named herein; (2) bidder has carefully examined the project plans, specifications,
instructions to bidders, proposal, notice to contractors and all other information furnished therefore
and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions
to be encountered, the character, quality and quantities of work to be performed and materials to
be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive
evidence that such examination and investigation have been made and agrees, in the event this
contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS
VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of
the specifications, in the time and manner therein prescribed, and to furnish or provide all
materials, labor, tools, equipment, apparatus and other means necessary so to do, except such
thereof as may otherwise be furnished or provided under the terms of said specifications, for the
following stated bid price or LUMP-SUM PRICE as submitted on the Schedule attached hereto:
The bidder shall submit as part of this proposal a completed copy of the Contractor’s Industrial
Safety Record.
Accompanying this proposal is _______________ (Insert) “$_______________ “cash,”
“Cashier’s Check,” “certified check,” or “Bid Bond,” as the case may be) in the amount equal to at
least ten percent (10%) of the total aggregate bid price.
The undersigned further agrees that should he/she be awarded the contract on the basis hereof
and thereafter, defaults in executing the required contract, with necessary bonds and documents,
within ten (10) days, not including Sundays and legal holidays, after having received notice that
the contract has been awarded and is ready for signature, the proceeds of the security
accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and
this proposal and the acceptance thereof may be considered null and void.
The undersigned certifies to have a minimum of five (5) consecutive years of current experience
in the type of Work related to this Project and that this experience is in actual operation of the firm
with permanent employees performing a part of the Work as distinct from a firm operating entirely
by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed
by the State as a contractor to perform this type of Work and further certifies to have been so
licensed for the five (5) years immediately preceding the date of receipt of Bids. The undersigned
possesses California Contractor’s License Number ____________, Class _____, which expires
on ___________________.
Signature(s) of bidder:
If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all
individual co-partners composing the firm. If a corporation, state legal name of corporation, also
names of president, secretary, treasurer, and manager thereof. Two notarized officer’s signatures
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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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BID SCHEDULE
INCLUDES ALL WORK TO BE DONE ON
CITY OF RANCHO PALOS VERDES
HAWTHORNE BOULEVARD AND EDDINGHILL DRIVE TRAFFIC SIGNAL MODIFICATION
PROJECT
CITY PROJECT NO. 8857
IN THE
CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY:____________________________________________________________
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into
a contract to furnish all labor, materials, equipment and supplies for the project identified as
HAWTHORNE BOULEVARD AND EDDINGHILL DRIVE TRAFFIC SIGNAL
MODIFICATION PROJECT, in accordance with the specifications and plans in the Contract
Documents which are on file in the office of the Director of Public Works of the City of Rancho
Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the
following prices:
ITEM
NO. DESCRIPTION ESTIMATED
QUANTITY UNIT PRICE
UNIT
EXTENDED
AMOUNT
100 Mobilization 1 LS
201 Traffic Control per City Requirements 1 LS
202 Temporary Traffic Signal 1 LS
301 Clearing and Grubbing 1 LS
302 NPDES Compliance/Water Pollution Control
1 LS
401 Surveying and Construction Staking 1 LS
402 Curb Ramp Replacement and Median Nose
Adjustment 1 LS
501 Remove Striping 750 LF
502 Remove Sign and/or Post 2 EA
503 Install Sign and/or Post 6 EA
504 Relocate Sign and/or Post 4 EA
505 Install Striping 200 LF
506 Install Pavement Markings 1180 SF
601
Upgrade Controller to 2070 LX with 2033
BiTrans Software with all Auxiliary Equipment
to provide the Operation Shown.
1
EA
602 Remove and Dispose Pole, Attached Equipment,
Pull box and Foundation
9 EA
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ITEM
NO. DESCRIPTION ESTIMATED
QUANTITY UNIT PRICE
UNIT
EXTENDED
AMOUNT
603 Remove and Dispose Street Light and
Foundation
2 EA
604 Obtain and Install Type PPB Post 2 EA
605 Obtain and Install Type 1-A Pole and 4 EA
606
Obtain and Install Type 15TS Pole and
Foundation
1
EA
607 Obtain and Install Type 26 Pole and Foundation 2 EA
608 Obtain and Install 40' Signal Mast Arm 2 EA
609 Obtain and Install 15' Luminaire Mast Arm 4 EA
610 F&I 3-12" Vehicle Head w/ Mounting &
Backplate w/ retroreflective yellow strip
14 EA
611 F&I Countdown Pedestrian Signal Head 8 EA
612 F&I Audible APS Pedestrian Push Button
System
1 LS
613 F&I LED Illuminated Street Name Sign 2 EA
614 F&I Loop Detection System 1 LS
615 F&I #6 Pull Box 9 EA
616 F&I 2" Conduit PVC 5 LF
617 F&I 3" Conduit PVC 125 LF
618 F&I 4" Conduit PVC 225 LF
619 Wiring 1 LS
TOTAL FOR BID SCHEDULE $
TOTAL AMOUNT IN WORDS FOR BID SCHEDULE
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INFORMATION REQUIRED OF BIDDER
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder’s name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered
owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this
question. If you are doing business under a fictitious name, provide a copy of the filed
valid Fictitious Business Name Statement.
______________________________________________________________________
(3) Business address:
(4) Telephone: Facsimile:
(5) Type of firm - Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the state of:
(7) California State Contractor’s License Number and Class:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the site of the proposed Work for
your firm:
(10) Number of years’ experience the company has as a contractor in construction work:
(11) List the names, titles, addresses and telephone numbers of all individuals, firm members,
partners, joint venturers, and company or corporate officers having a principal interest in
this Proposal:
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List at least three similar projects completed as of recent date:
Contract
Amount
Class of
Work
Date
Completed
Name, Address of Owner, & Telephone
No.
(12) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized
financial statement, financial data, construction experience, or other information.
(13) “Bidder shall be properly licensed at the time of bid submission or the bid shall be
considered non-responsive and shall be rejected.”
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REFERENCES
For all public agency projects in excess of $300,000 you are currently working on or have worked
on in the past five (5) years, provide the following information:
Project 1 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 2 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name: ______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
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If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 3 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
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Project 4 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 5 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name:
______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
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Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
Project 6 Name/ Number
Project Description
Approximate Construction Dates From: _______________ To: ________________
Agency Name: ______
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of
claims.
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTORS’ LICENSING LAWS
[Business & Professions Code 7028.15]
[Public Contract Code 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I,
or the entity on whose behalf this certification is given, hold a currently valid California contractor’s
license as set forth below:
Business & Professions Code 7028.15:
(a) It is a misdemeanor for any person to submit a bid to a public agency in order to
engage in the business or act in the capacity of a contractor within this state without
having a license therefore, except in any of the following cases:
(1) The person is particularly exempted from this chapter.
(2) The bid is submitted on a state project governed by Section 10164 of the
Public Contract Code or on any local agency project governed by Section
20104 [now ‘20103.5] of the Public Contract Code.
(b) If a person has been previously convicted of the offense described in this section,
the court shall impose a fine of 20 percent of the price of the contract under which
the unlicensed person performed contracting work, or four thousand five hundred
dollars ($4,500), whichever is greater, or imprisonment in the county jail for not
less than 10 days nor more than six months, or both.
In the event the person performing the contracting work has agreed to furnish
materials and labor on an hourly basis, “the price of the contract” for the purposes
of this subdivision means the aggregate sum of the cost of materials and labor
furnished and the cost of completing the work to be performed.
(c) This section shall not apply to a joint venture license, as required by Section
7029.1. However, at the time of making a bid as a joint venture, each person
submitting the bid shall be subject to this section with respect to his or her individual
licensure.
(d) This section shall not affect the right or ability of a licensed architect, land surveyor,
or registered professional engineer to form joint ventures with licensed contractor
to render services within the scope of their respective practices.
(e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency
by a contractor who is not licensed in accordance with this chapter shall be
considered non-responsive and shall be rejected by the public agency. Unless
one of the foregoing exceptions applies, a local public agency shall, before
awarding a contract or issuing a purchase order, verify that the contractor was
properly licensed when the contractor submitted the bid. Notwithstanding any
other provision of law, unless one of the foregoing exceptions applies, the registrar
may issue a citation to any public officer or employee of a public entity who
knowingly awards a contract or issues a purchase order to a contractor who is not
licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality
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of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any
contract awarded to, or any purchase order issued to, a contractor who is not
licensed pursuant to this chapter is void.
(f) Any compliance or noncompliance with subdivision (e) of this section, as added by
Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid
awarded by a public agency during which time that subdivision was in effect.
(g) A public employee or officer shall not be subject to a citation pursuant to this
section if the public employee, officer, or employing agency made an inquiry to the
board for the purposes of verifying the license status of any person or contractor
and the board failed to respond to the inquiry within three business days. For
purposes of this section, a telephone response by the board shall be deemed
sufficient.
Public Contract Code 20103.5:
In all contracts subject to this part where federal funds are involved, no bid submitted shall
be invalidated by the failure of the bidder to be licensed in accordance with the laws of
this state. However, at the time the contract is awarded, the contractor shall be properly
licensed in accordance with the laws of this state. The first payment for work or material
under any contract shall not be made unless and until the Registrar of Contractors verifies
to the agency that the records of the Contractor’s State License Board indicate that the
contractor was properly licensed at the time the contract was awarded. Any bidder or
contractor not so licensed shall be subject to all legal penalties imposed by law including,
but not limited to, any appropriate disciplinary action by the Contractor’s State License
Board. The agency shall include a statement to that effect in the standard form of
prequalification questionnaire and financial statement. Failure of the bidder to obtain
proper and adequate licensing for an award of a contract shall constitute a failure to
execute the contract and shall result in the forfeiture of the security of the bidder.
License No.:
Class:
Expiration Date:
Date:
Signature:
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RESUME
Attach to this Bid the experience resume of the person who will be designated as General
Construction Superintendent or on-site Construction Manager for the Contractor.
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DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or
improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and
installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount
in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or
highways, including bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all
Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
Name under which
Subcontractor is Licensed
and Registered
California
Contractor’s
License
Number(s)
and
Class(es)
California DIR
Contractor
Registration
Number Address and Phone Number
Type of
Work
(e.g.,
Electrical)
Percentage
of Total Bid
(e.g., 10%)1
1 The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).
B-97
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Contractor’s INDUSTRIAL SAFETY RECORD FORM
Bidder’s Name _______________________________________
Current
Year of
Record
2024 2023 2022 2021 2020 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-98
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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:
HAWTHORNE BOULEVARD AND EDDINGHILL DRIVE TRAFFIC SIGNAL MODIFICATION
PROJECT
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California Public Contract Code to
furnish a form of bidder’s security with their bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are
held and firmly bound unto the Public Agency in the penal sum of
Dollars ($ ), being not less than ten percent (10%) of the total bid price, in
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is
awarded a contract for the work by the Public Agency and, within the time and in the manner
required by the bidding specifications, enters into the written form of contract included with bidding
specifications, furnishes the required bonds, one to guarantee faithful performance and the other
to guarantee payment for labor and materials, and furnishes the required insurance coverage,
then this obligation shall become null and void; otherwise, it shall be and remain in full force and
effect.
In case suit is brought upon this bond, Surety further agrees to pay all court costs incurred by the
Public Agency in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety
hereby waives the provisions of California Civil Code 2845.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the
date set forth below, the name of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal” “Surety”
B-99
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By:
Its:
By:
Its:
By:
Its:
By:
Its:
(Seal) (Seal)
Note: This bond must be dated, all signatures must be notarized, and evidence of the authority
of any person signing as attorney-in-fact must be attached.
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NONCOLLUSION DECLARATION
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code § 7106]
State of California )
County of ____________ ) ss.
City of _______________ )
The undersigned declares:
I am the ___________________ of ___________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in
any manner, directly or indirectly, sought by agreement, communication, or conference with
anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint
venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf
of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________________[date], at
_________________________________[city], _____________________[state].
Signature ________________________________
Subscribed and sworn to before me on ________________________________.
(Date)
(Notary Seal) Signature ________________________________
Notary Public
B-101
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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-103
1
CITY OF RANCHO PALOS VERDES
HAWTHORNE BOULEVARD AND EDDINGHILL DRIVE
TRAFFIC SIGNAL MODIFICATION PROJECT
SHEET INDEX
TITLE SHEET AND SHEET INDEX1
2 GENERAL NOTES (CONT'D)
DESCRIPTIONSHT NO.
4
GENERAL NOTES (NOTES CONT'D SHEET 2)
1.ALL WORK SHALL CONFORM TO THE COMMITTEE OF PUBLIC WORKS STANDARDS, INC. “GREENBOOK”
STANDARD PLANS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION,
INCLUDING SUPPLEMENTS.
2. WORK IN PUBLIC STREETS, ONCE BEGUN, SHALL BE COMPLETED WITHOUT DELAY SO AS TO PROVIDE
MINIMUM INCONVENIENCE TO ADJACENT PROPERTY OWNERS AND TO THE TRAVELING PUBLIC.
3. IT SHALL BE THE RESPONSIBILITY OF CONTRACTOR TO APPLY TO THE CITY, PRIOR TO CONSTRUCTION FOR
AN ENCROACHMENT PERMIT FOR ALL WORK WITHIN THE PUBLIC RIGHT-OF-WAY.
4. NO TRENCHES MAY BE LEFT OPEN OVERNIGHT UNLESS APPROVED BY THE CITY.
5. WORK HOURS, INCLUDING SET-UP AND TAKE-DOWN OF TRAFFIC CONTROL, SHALL BE LIMITED TO THE
FOLLOWING, UNLESS OTHERWISE NOTED IN THE SPECIAL CONDITIONS
a. 9:00AM TO 4:00PM MONDAY THROUGH FRIDAY ON ARTERIAL AND COLLECTOR STREETS
b. 8:00AM TO 5:00PM MONDAY THROUGH FRIDAY ON LOCAL AND RESIDENTIAL STREETS
c. NO WORK SHALL BE ALLOWED ON SATURDAY AND SUNDAY
d. NO WORK SHALL BE ALLOWED ON FEDERAL, STATE, OR CITY HOLIDAYS
6. CONTRACTOR SHALL NOTIFY ALL AFFECTED BUSINESSES AND RESIDENCES IN WRITING AT LEAST THREE (3)
FULL WORKING DAYS BEFORE THE START OF ANY CONSTRUCTION.
7. CONTRACTOR SHALL BE RESPONSIBLE DURING ALL PHASES OF THE WORK TO PROVIDE FOR PUBLIC
SAFETY AND CONVENIENCE. CONTRACTOR SHALL ESTABLISH ADEQUATE ACCESS TO DRIVEWAYS AT THE
END OF EACH WORKING DAY TO THE SATISFACTION OF THE CITY.
8. ALL SIDEWALK AND CURB AND GUTTER DEMOLITION SHALL BEGIN AND END AT THE CONSTRUCTION
JOINT NEAREST TO THE DEPICTED DEMOLITION EXTENTS WITH A NEAT SAWCUT LINE TO FULL DEPTH OF
THE PAVEMENT SECTION.
9. RECORD DRAWINGS OF THE COMPLETED PROJECT SHALL BE SUBMITTED FOR THE APPROVAL BY THE CITY.
10. CONTRACTOR SHALL PROVIDE ADA COMPLIANT ACCESS THROUGH OR AROUND THE SITE AT ALL TIMES
AND SHALL ENSURE THE SAFETY OF ALL THOSE PASSING THROUGH OR ADJACENT TO THE SITE. COST
SHALL BE CONSIDERED INCIDENTAL TO THE WORK AND NO SEPARATE PAYMENT SHALL BE MADE.
3 STREET IMPROVEMENT PLAN
4 TRAFFIC SIGNAL MODIFICATION PLAN
PROJECT
LOCATION
TITLE SHEET AND SHEET INDEX
HAWTHORNE BLVD AND EDDINGHILL DR/SEAMOUNT DR
2024.11.18
B-104
SIGNING AND STRIPING GENERAL NOTES
1.ALL WORK SHALL CONFORM TO THE LATEST EDITION OF CALTRANS STANDARD PLANS, STANDARD
SPECIFICATIONS, AND CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA MUTCD).
2. TRAFFIC STRIPING, RAISED PAVEMENT MARKERS, REFLECTIVE MATERIALS, THE APPLICATION OF
THERMOPLASTIC STRIPING AND PAVEMENT MARKINGS, AND THE INSTALLATION OF RAISED PAVEMENT
MARKERS SHALL CONFORM TO THE PROVISIONS IN THE CALTRANS STANDARD SPECIFICATIONS, SECTIONS
84, "TRAFFIC STRIPES AND PAVEMENT MARKINGS" AND SECTION 85, "PAVEMENT MARKERS".
3. STRIPING DETAILS, PAVEMENT LEGENDS AND SYMBOLS SHALL CONFORM TO THOSE IN CALTRANS
STANDARD PLANS. PAVEMENT LEGENDS AND SYMBOLS SHALL BE WHITE, UNLESS NOTED OTHERWISE.
ALL STRIPING SHALL BE 2-COAT PAINT EXCEPT AS NOTED.
4. LANE LINE AND/OR CENTERLINE PAVEMENT DELINEATION, WHERE EXISTING OR CALLED FOR ON THE
PLANS, SHALL BE PROVIDED AT ALL TIMES FOR TRAVELED WAYS OPEN TO PUBLIC TRAFFIC. WHENEVER
THE WORK CAUSES OBLITERATION OF PAVEMENT DELINEATION, TEMPORARY PAVEMENT DELINEATION
OR PERMANENT TRAFFIC STRIPES OF THE APPROPRIATE COLOR AND DETAIL SHALL BE IN PLACE, IN THE
LOCATIONS SHOWN ON THE PLANS, PRIOR TO OPENING THE TRAVELED WAY TO PUBLIC TRAFFIC.
5. ALL CONFLICTING EXISTING STRIPING, PAINTED SYMBOLS AND RAISED PAVEMENT MARKERS SHALL BE
REMOVED. THE REMOVAL OF PAINTED MARKINGS AND RAISED PAVEMENT MARKERS SHALL CONFORM
TO THE PROVISIONS OF THE CALTRANS STANDARD SPECIFICATIONS.
6. PAVEMENT DAMAGED DUE TO REMOVING RAISED PAVEMENT MARKERS SHALL BE REPAIRED TO THE
SATISFACTION OF THE CITY PROJECT MANAGER.
7. DETAILS AND DIMENSIONS FOR TRAFFIC SIGNS, INSTALLATIONS AND/OR REMOVAL SHALL CONFORM TO
THE CALTRANS STANDARD SPECIFICATIONS SECTION 56, AND STANDARD PLANS. TRAFFIC WARNING AND
REGULATORY SIGNS SHALL HAVE REFLECTORIZED HIGH INTENSITY DIAMOND GRADE (DG) SHEETING ON
0.080-INCH THICK 5062H38 ALUMINUM. MATERIALS SHALL BE CERTIFIED BY THE MANUFACTURER AS
MEETING ALL APPLICABLE SPECIFICATIONS.
8. SIGN POSTS SHALL BE TELESPAR (OR APPROVED EQUAL) 2-INCH SQUARE 14 GAUGE POSE WITH
PREPUNCHED HOLES AT ONE INCH (1") SPACINGS. SIGN POST SHALL BE INSTALLED IN A TELESPAR (2-1/2
INCH SQUARE BY 18 INCH) 14 GAUGE REUSABLE ANCHOR SLEEVE AND A TELESPAR (2-1/4 INCH SQUARE
BY 30 INCH) 12 GAUGE ANCHOR. SIGN POST SHALL EXTEND INTO ANCHOR SLEEVE 12 INCH MINIMUM.
DRIVE ANCHOR POST AND ANCHOR SLEEVE INTO GROUND LEAVING TWO ROWS OF HOLES EXPOSED.
9. TRAFFIC SIGN POSTS SHALL NOT BE INSTALLED UNTIL LOCATIONS ARE SPOTTED BY THE CONTRACTOR
AND APPROVED BY THE CITY INSPECTOR.
PROTECTION OF WORK AREA NOTES
1. CONTRACTOR SHALL BEAR SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE
COURSE OF CONSTRUCTION INCLUDING THE SAFETY OF ALL PERSONS AND PROPERTY. THIS
REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.
CONTRACTOR SHALL HOLD THE CITY AND ENGINEER HARMLESS AS A RESULT OF ANY CLAIMS ARISING
FROM ACTIONS ENROUTE TO OR AWAY FROM THE SITE.
2. CONTRACTOR SHALL PROTECT ALL PUBLIC AND PRIVATE PROPERTY IN THE WORK AREA AND SHALL
RESTORE OR REPLACE ANY DAMAGE IN KIND TO ANY PROPERTY INSIDE OR OUTSIDE THE WORK AREA AT
NO ADDITIONAL COST.
TRAFFIC CONTROL NOTES
1. CONTRACTOR SHALL PROVIDE A TRAFFIC CONTROL PLAN FOR THE COMPLETION OF THE PROPOSED
IMPROVEMENTS PER THE CURRENT CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CA
MUTCD) TO THE SATISFACTION OF THE CITY. ALL WORK ACTIVITIES SHALL CONFORM TO THE CA MUTCD.
2. PRIOR TO THE IMPLEMENTATION OF AN APPROVED TRAFFIC CONTROL PLAN, OR PRIOR TO THE
IMPLEMENTATION OF AN APPROVED CHANGE IN THE APPROVED TRAFFIC CONTROL PLAN, CONTRACTOR
SHALL PROVIDE A 72-HOUR NOTIFICATION TO THE AFFECTED PROPERTIES, LAW ENFORCEMENT, AND FIRE
DEPARTMENT.
3. CONTRACTOR SHALL NOTIFY THE CITY AT LEAST 3 WORKING DAYS PRIOR TO DISTURBING ANY EXISTING,
OR INSTALLING ANY NEW, TRAFFIC SIGNS, SIGNALS, OR OTHER TRAFFIC CONTROL DEVICES.
4. CONTRACTOR SHALL PREMARK THE LAYOUT OF ANY PERMANENT TRAFFIC CONTROL PAVEMENT
MARKINGS, INDICATING THE PROPOSED LOCATION AND TYPE OF MARKING TO BE INSTALLED. THE
PREMARKING MAY CONSIST OF TYPE D TAPE, CHALK, OR LUMBER CRAYONS. CONTRACTOR SHALL ALLOW
3 WORKING DAYS FOR THE INSPECTION AND APPROVAL OF THE PREMARKINGS PRIOR TO THE
INSTALLATION OF PERMANENT PAVEMENT MARKINGS.
5. CONTRACTOR SHALL SUBMIT ANY REQUESTS FOR TEMPORARY “NO PARKING” RESTRICTIONS TO THE
PROJECT OFFICER AT LEAST 3 WORKING DAYS PRIOR TO THE DESIRED ONSET OF RESTRICTIONS. PRIOR TO
A REQUEST FOR THE REMOVAL OF ACCESS TO ANY ADA PARKING SPACE, CONTRACTOR SHALL HAVE
MADE PROVISION FOR ALTERNATIVE ADA PARKING AS INDICATED ON THE APPROVED PLAN OR AS
DIRECTED BY THE PROJECT CITY.
6. CONTRACTOR SHALL PRESERVE ALL BUS STOPS, INCLUDING MAINTAINING ADEQUATE ACCESSIBILITY
THROUGH AND ADJACENT TO THE CONSTRUCTION FOR BUSES AND THEIR PASSENGERS. CONTRACTOR
SHALL NOT CLOSE, RELOCATE, OR OTHERWISE MODIFY A BUS STOP WITHOUT PRIOR APPROVAL OF THE
OWNER/OPERATOR OF THE BUS STOP AND THE CITY.
7. WHEN CONDITIONS WARRANT DUE TO TRAFFIC VOLUMES, PATTERNS, OR SPECIAL EVENTS, THE CITY
MAY SUSPEND OR OTHERWISE DIRECT CONTRACTOR'S ACTIVITIES TO PROTECT THE PUBLIC AND OR THE
CITY'S TRANSPORTATION NETWORK.
UTILITY NOTES
1. IN THE EVENT OF A UTILITY EMERGENCY, CONTRACTOR SHALL IMMEDIATELY NOTIFY THE CITY AND THE
FOLLOWING AS APPLICABLE:
a. SEWER: 800-675-4375
b. WATER 310-420-8167
c. GAS: 800-427-2200
d. ELECTRIC: 800-655-4555
2. CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT (DIG ALERT) AT 811 TWO (2) FULL
WORKING DAYS PRIOR TO START OF WORK. CONTRACTOR SHALL OBTAIN AND MAINTAIN VALID DIG
ALERT REFERENCE NUMBER THROUGH THE DURATION OF THE PROJECT AS NECESSARY FOR
CONSTRUCTION. CONTRACTOR SHALL IDENTIFY ALL UTILITIES IN THE WORK SELECT AREA.
3. THE EXISTENCE AND LOCATION OF UNDERGROUND UTILITY OR SUBSTRUCTURE SHOWN ON THESE PLANS
WAS OBTAINED BY A SEARCH OF AVAILABLE RECORDS, APPROVAL OF THESE PLANS BY THE CITY OF
RANCHO PALOS VERDES DOES NOT CONSTITUTE A REPRESENTATION AS TO THE ACCURACY OR
COMPLETENESS OF THE LOCATION OR THE EXISTENCE OR NONEXISTENCE OF ANY UNDERGROUND
UTILITY OR SUBSTRUCTURE WITHIN THE LIMITS OF THE PROJECT.
4. THE LOCATION OF ALL EXISTING UTILITIES SHOWN ON THESE PLANS ARE FROM BEST AVAILABLE RECORDS
AND SHALL BE CONSIDERED TO BE APPROXIMATE. WHEN CONSTRUCTION ACTIVITY REACHES IN
PROXIMITY TO EXISTING UTILITIES, THE TRENCH(ES) SHALL BE OPENED A SUFFICIENT DISTANCE AHEAD OF
THE WORK OR TEST PITS SHALL BE MADE TO VERIFY THE EXACT LOCATION AND INVERTS OF THE UTILITY
TO ALLOW FOR POSSIBLE CHANGES IN THE LINE OR GRADE AS DIRECTED BY THE CITY. CONTRACTOR
SHALL BE RESPONSIBLE FOR ANY DAMAGE TO THE EXISTING UTILITIES AND THE RELATED STRUCTURES.
ALL EXISTING UTILITY SYSTEMS SHALL BE PROTECTED TO PREVENT DAMAGE DURING CONTRACTOR'S
OPERATIONS. ANY SYSTEM DAMAGED SHALL BE PROMPTLY REPAIRED AT NO COST TO THE OWNER.
5. UNLESS OTHERWISE DIRECTED, CONTRACTORS ARE EXPRESSLY PROHIBITED FROM OPERATING ANY
WATER VALVES OR APPURTENANCES. CONTRACTORS SHALL SUBMIT ALL REQUESTS FOR VALVE
OPERATIONS TO THE CITY AT LEAST 1 WEEK IN ADVANCE OF THE REQUIRED OPERATION.
6. CONTRACTOR SHALL RELOCATE/ADJUST EXISTING MANHOLES, COVERS, UTILITY BOXES, VALVES, VAULTS,
AND OTHER APPURTENANCES TO GRADE.
NPDES NOTES
1. CONTRACTOR SHALL TAKE ALL NECESSARY AND PROPER PRECAUTIONS TO PROTECT ADJACENT
PROPERTIES FROM ANY AND ALL DAMAGE THAT MAY OCCUR FROM STORM WATER RUNOFF AND/OR
DEPOSITION OF DEBRIS RESULTING FROM ANY AND ALL WORK IN CONNECTION WITH CONSTRUCTION
ACTIVITIES.
2. CONTRACTOR SHALL PREPARE A WET WEATHER EROSION CONTROL PLAN DELINEATING BMPS TO BE
INSTALLED PER NPDES, SWPPP, SUSMP, AND LOCAL, STATE AND FEDERAL REGULATIONS TO BE APPROVED
BY THE CITY PRIOR TO THE START OF CONSTRUCTION.
3. ERODED SEDIMENTS AND OTHER POLLUTANTS SHALL BE RETAINED ON SITE AND SHALL NOT BE ALLOWED
TO LEAVE THE SITE VIA SHEET FLOW, SWALES, AREA DRAINS, NATURAL DRAINAGE COURSES, OR WIND.
4. STOCKPILES OF EARTH AND OTHER CONSTRUCTION RELATED MATERIALS SHALL BE PROTECTED FROM
LEAVING THE SITE BY FORCES OF WIND OR WATER.
5. FUELS, OILS, SOLVENTS, AND OTHER TOXIC MATERIALS SHALL BE STORED IN ACCORDANCE WITH THEIR
LISTING AND SHALL NOT CONTAMINATE THE SOIL AND SURFACE WATERS.
6. SPILLS SHALL BE CLEANED UP IMMEDIATELY AND DISPOSED OF IN A PROPER MANNER. SPILLS SHALL NOT
BE WASHED INTO THE DRAINAGE SYSTEM. EXCESS OR WASTE CONCRETE SHALL NOT BE WASHED INTO
THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM.
7. PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON SITE UNTIL THEY CAN BE DISPOSED OF AS
SOLID WASTE. TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A
COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND.
SEDIMENTS AND OTHER MATERIALS SHALL NOT BE TRACKED FROM THE SITE BY VEHICLE TRAFFIC.
8. CONSTRUCTION ENTRANCES SHALL BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED
INTO THE PUBLIC WAY, ACCIDENTAL DEPOSITIONS SHALL BE SWEPT UP IMMEDIATELY AND SHALL NOT BE
WASHED DOWN BY RAIN OR OTHER MEANS. ANY SLOPES WITH DISTURBED SOILS OR DENUDED OF
VEGETATION MUST BE STABILIZED AS TO INHIBIT EROSION BY WIND AND WATER.
9. THE BMP'S AS OUTLINED IN, BUT NOT LIMITED TO, THE CALIFORNIA STORM WATER BEST MANAGEMENT
PRACTICE HANDBOOK, CALIFORNIA STORM WATER QUALITY TASK FORCE, SACRAMENTO, CALIFORNIA,
THE LATEST REVISED EDITION MAY APPLY DURING CONSTRUCTION. ADDITIONAL MEASURES MAY BE
REQUIRED IF DEEMED APPROPRIATE BY INSPECTOR.
SURVEY NOTES
1. CONTRACTOR SHALL PROTECT ALL SURVEY MONUMENTS AND BENCHMARKS AND SHALL TIE OUT AND
REPLACE ALL DISTURBED MONUMENTS AND BENCHMARKS AT NO COST THE CITY.
2. CONTRACTOR SHALL BE RESPONSIBLE FOR LAYING OUT THE WORK AND SHALL RETAIN A PROFESSIONAL
LAND SURVEYOR LICENSED IN THE STATE OF CALIFORNIA TO PROVIDE ALL NECESSARY CONSTRUCTION
LAYOUTS AND ESTABLISH ALL CONTROL LINES, GRADES, AND ELEVATIONS DURING CONSTRUCTION.
CONTRACTOR SHALL SUBMIT A COPY OF ALL CUT SHEETS FOR REVIEW, PER THE SPECIFICATIONS. THE
COST OF ALL NECESSARY SURVEYING SERVICES SHALL BE CONSIDERED INCIDENTAL TO THE WORK AND,
UNLESS OTHERWISE SPECIFIED, THE COST SHALL BE INCORPORATED INTO THE COSTS FOR RELEVANT
ITEMS.
2 4
GENERAL NOTES (CONT'D)
HAWTHORNE BLVD AND EDDINGHILL DR/SEAMOUNT DR
2024.11.18
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3 4STREET IMPROVEMENT PLAN
HAWTHORNE BLVD AND EDDINGHILL DR/SEAMOUNT DR
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Know what'sbelow.Callbefore you dig.
020 10 20 40
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EDDINGHILL DR.
RANCHO PALOS VERDES
SEAMOUNT DR.
RANCHO PALOS VERDES
EDDINGHILL DR.
RANCHO PALOS VERDES
SEAMOUNT DR.
RANCHO PALOS VERDES
TRAFFIC SIGNAL MODIFICATION PLAN
HAWTHORNE BLVD AND EDDINGHILL DR/SEAMOUNT DR
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City of Rancho Palos Verdes | Adopted Budget | Capital Improvement Program (Fiscal Years 2024-2025 through 2028-29) 375
FY28/29
Overallas of 3/22/24
Planning $ - TBD $ - $ - $ -
Committed
FY24/25 FY25/26 FY26/27
Insert Descriptive Photo
PROJECT DESCRIPTION
This project is to intended to install a left turn arrow signal at the existing traffic signal at
the intersection of Hawthorne Boulevard and Eddinghill Drive/Seamount Drive.
PROJECT COST ESTIMATES
8800 Series Right-of-Way Improvements Projects 8857
Hawthorne Boulevard at Eddinghill/Seamount Left Turn Signal
FY27/28 FY28/29
-$
Environmental $ - TBD $ - $ - $ - -$
Engineering $ 40,000 TBD $ - $ - $ - 40,000$
$ - 10,000$
Construction $ 200,000 TBD $ - $ - $ -
Management $ 10,000 TBD $ - $ -
200,000$
Inspection $ 20,000 TBD $ - $ - $ - 20,000$
Project Contingency $ 30,000 TBD $ - $ - $ - 30,000$
Budgeted
211 (1911 Act)-$ 300,000$ TBD
300,000$
FUNDING
Currently
FY24/25 FY25/26 FY26/27 FY27/28
Future
Fiscal Years
-$ 300,000$ TBD -$ -$ -$
-$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$
On January 16, 2024, based on the findings of a traffic study and TSC’s
recommendation concurring with the recommended measures, the City Council
approved the installation of left-turn signal arrows for Hawthorne Boulevard at
Eddinghill Drive/Seamount Drive.
-$
Estimated annual operating / maintenance cost TBD
ESTIMATED SCHEDULE
Engineering and Construction in Fiscal Year 2024-25
Project Location Map Background and Justification
-$ 300,000$ TBD -$ -$ -$
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