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Home My WebLink About03/12/13 1 “Goals are dreams with deadlines.” AGENDA HERMOSA BEACH CITY COUNCIL Tuesday, March 12, 2013 - Council Chambers, City Hall 1315 Valley Drive 5:00 p.m. - CLOSED SESSION: See attached Closed Session Agenda 7:00 p.m. - REGULAR MEETING MAYOR Patrick ‘Kit’ Bobko CITY CLERK Elaine Doerfling MAYOR PRO TEM Michael DiVirgilio CITY TREASURER David Cohn COUNCIL MEMBERS Jeff Duclos Howard Fishman Peter Tucker CITY MANAGER Tom Bakaly CITY ATTORNEY Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Fire Department, Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 1315 Valley Drive, Hermosa Beach, California, during normal business hours. All written communications from the public included in the agenda will be posted with the agenda on the City’s website To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Your participation in this meeting is in the public domain. Meetings are both cablecast and streamed live over the Internet. Minutes of this meeting will reflect your participation in this meeting and are posted on the city’s website 2 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PRESENTATIONS CERTIFICATE OF RECOGNITION TO SENIOR AIRMAN LEVI MBURU AIRMAN OF THE YEAR LOS ANGELES AIR FORCE BASE PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken, or to request the removal of an item from the consent calendar. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. NO WRITTEN COMMUNICATIONS 3 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on January 22, 2013. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to receive and file the following January 2013 financial reports: 1) Revenue and expenditure report; and, 2) City Treasurer's report; and, (e) Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 7, 2013. (f) Recommendation to adopt resolution approving the salary and benefits for three employees in unrepresented classifications. Memorandum from Assistant to the City Manager Diane Strickfaden dated March 12, 2013. (g) Recommendation to adopt resolution of support for a Joint Beach Cities Caltrans Partnership Planning Grant Application for Aviation Boulevard Living Street Conceptual Design and Living Streets Design Manual and authorize the City Manager to execute all grant documents as may be necessary. Memorandum from Community Development Director Ken Robertson and Public Works Director Frank Senteno dated March 5, 2013. (h) Recommendation to award the Construction Contract to Palp, Inc., DBA Excel Paving Company to provide construction services for Project CIP No. 11-179 Hermosa View Elementary Safe Route to School in the amount of $157,013; authorize the Mayor to execute and the City Clerk to attest the Construction Contract subject to approval by the City Attorney; adopt resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; and, authorize the Director of Public Works to make changes to the contract within the project budget. Memorandum from Public Works Director Frank Senteno dated February 27, 2013. 4 (i) Recommendation to award the Construction Contract to Tidal Marine Construction to provide construction services for Project CIP No. 11-652 Hermosa Beach Municipal Pier Structural Repairs in the amount of $139,700; authorize the Mayor to execute and the City Clerk to attest the Construction Contract subject to approval by the City Attorney; adopt resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP NO. 11-652 HERMOSA BEACH MUNICIPAL PIER PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; authorize an appropriation of $97,372 in the 122 Tyco Fund; and, authorize the Director of Public Works to make changes to the contract within the project budget. Memorandum from Public Works Director Frank Senteno dated March 5, 2013. 3. CONSENT ORDINANCES a. ORDINANCE NO. 12-1339 – “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF CHAPTER 8.12 OF THE HERMOSA BEACH MUNICIPAL CODE RELATED TO SOLID WASTE COLLECTION AND DISPOSAL. For adoption. Memorandum from City Clerk Elaine Doerfling dated March 5, 2013. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a. REVIEW AND RECONSIDERATION OF PLANNING COMMISSION RESOLUTION 12-22 MODIFYING A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH ON-SALE GENERAL ALCOHOL, OUTDOOR DINING AND LIVE ENTERTAINMENT REQUIRING THE ESTABLISHMENT TO CLOSE BY 12:00 MIDNIGHT AND TO CEASE LIVE ENTERTAINMENT BY 11:30PM, AMONG OTHER MODIFICATIONS, AT 1238 HERMOSA AVENUE (CAFÉ BOOGALOO). Memorandum from Community Development Director Ken Robertson dated March 5, 2013. RECOMMENDATION: Adopt resolution to sustain the Planning Commission’s decision to modify the Conditional Use Permit. 5 6. MUNICIPAL MATTERS a. APPOINTMENT OF SUBCOMMITTEE TO ASSIST WITH THE STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT – CIVIC CENTER COMPLEX/DOWNTOWN OPPORTUNITY SITES. Memorandum from Community Development Director Ken Robertson dated March 5, 2013. RECOMMENDATION: Appoint a Council subcommittee to assist with the Strategic Plan for Economic Development – Civic Center Complex/Downtown Opportunity Sites. b. PURCHASE OF VEHICLES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT. Memorandum from Public Works Director Frank Senteno dated March 5, 2013. RECOMMENDATION: Authorize the purchase of two (2) 2013 Nissan Leafs to replace the two Community Development Building Inspector’s 2001 Ford Ranger pickups. c. REVISED SMACKFEST EVENT APPLICATION. Memorandum from Assistant to the City Manager Diane Strickfaden dated March 12, 2013. RECOMMENDATION: Approve the revised Special Event Permit Application for the Smackfest Volleyball Tournament. d. LIBRARY PROPERTY TAX REPORT – ANNUAL REPORT OF EXPENDITURES AND PROPERTY TAX REVENUES. Memorandum from City Manager Tom Bakaly dated March 7, 2013. RECOMMENDATION: That the City Council receive the report submitted by the County Librarian and direct that the excess funds be placed in a Special Trust for improvements to the Hermosa Beach Branch Library. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. NONE ADJOURNMENT 6 AGENDA CLOSED SESSION HERMOSA BEACH CITY COUNCIL Tuesday, March 12, 2013 - Council Chambers, City Hall 1315 Valley Drive 5:00 p.m. The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in existing and anticipated litigation. CALL TO ORDER 1. PUBLIC COMMENT: This time has been set aside for members of the public to address the City Council on Closed Session items. 2. MINUTES: Approval of minutes of Closed Session meeting held on February 26, 2013. 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title: City Manager ADJOURNMENT March 7, 2013 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council March 12, 2013 TENTATIVE FUTURE AGENDA ITEMS MARCH 26MARCH 26MARCH 26MARCH 26, 2013, 2013, 2013, 2013 Recommendation for new phone system Finance Director City Council Vision, Mission and Goals – Adoption City Manager Award of Trash Contract and Trash Enclosure Discussion and Street Sweeping Community Development Director Street Pavement Construction Contract Public Works Director South Park Design Contract Public Works Director Community Center – Ocean Friendly Garden Public Works Director Bar and Tavern Update Police Chief Parking Code Amendments Police Chief Oil Project Status City Manager Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 5, 2013. Assistant to the City Manager Recommendation to receive and file the action minutes of the Planning Commission meeting of March 19, 2013. Community Development Director APRIL 9APRIL 9APRIL 9APRIL 9, 2013, 2013, 2013, 2013 Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 20, 2013 Public Works Director APRIL 23APRIL 23APRIL 23APRIL 23, 2013, 2013, 2013, 2013 Recommendation to receive and file the action minutes of the Planning Commission meeting of April 16, 2013. Community Development Director Oil Project Status City Manager PENDING ITEMSPENDING ITEMSPENDING ITEMSPENDING ITEMS Award of Contract – General Plan Community Development Director Consideration of reduction of business license fee request from Carol G. Weiss, Ph.D.. Finance Director Investment Policy Update City Treasurer Broker Contracts Finance Director Treasurer’s Pay City Manager Deputy Treasurer Reporting City Manager Procurement Policies - RFP City Manager Ethics Policy City Manager Review of Pension Bonds Finance Director Discovery Economics Finance Director Paperless Council Packet and WIFI Discussion City Manager Car2go – Final ordinance and policies Community Development Director Short Term Rentals Community Development Director Building Code Amendments – Adjacent Property Owner Protection Community Development Director Independent Cities Finance Authority Withdrawl City Manager 2c 1 CIP No. 11-179 Hermosa View Elementary Safe Route to School CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Palp Inc., DBA Excel Paving Company (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for CIP No. 11-179 Hermosa View Elementary Safe Route to School Project, bids were received, publicly opened, and declared on the date specified in the notice; and B. On March 12, 2013, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP No. 11-179 Hermosa View Elementary Safe Route to School Project in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP No. 11-179 Hermosa View Elementary Safe Route to School Project in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated January, 2013 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, Exhibits A through E, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 2 CIP No. 11-179 Hermosa View Elementary Safe Route to School 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 45 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprentice- ship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or 3 CIP No. 11-179 Hermosa View Elementary Safe Route to School When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs regis- tered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the 4 CIP No. 11-179 Hermosa View Elementary Safe Route to School materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5 CIP No. 11-179 Hermosa View Elementary Safe Route to School So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, 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 worker's 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. 11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S 6 CIP No. 11-179 Hermosa View Elementary Safe Route to School employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 7 CIP No. 11-179 Hermosa View Elementary Safe Route to School 18. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Mondher Saïed, P.E., Project Manager CONTRACTOR: Palp Inc., DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Attention: Bryanna Pascual, Project Manager 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code §§ 10240-10240.13. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE OR EMAIL SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission, or scanned and delivered via email. Such facsimile or email signature will be treated in all respects as having the same effect as an original signature. 8 CIP No. 11-179 Hermosa View Elementary Safe Route to School 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. 688659 “A” CONTRACTOR Palp Inc., DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 _________________ By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________ By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. 2013-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; The City Council of the City of Hermosa Beach does resolve as follows: The City Council finds and declares as follows: The City retained CivilSource Inc. (“Consultant”) as the engineer to design and prepare the plans for CIP No. 11-179 Hermosa View Elementary Safe Route to School Project (“Project”); The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; and The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. Design Immunity; Authorization. The design and plans for the Project are determined to be consistent with the City’s standards and are approved; The design approval set forth in this Resolution occurred before actual work on the Project construction commenced; The approval granted by this Resolution conforms with the City’s General Plan; The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Project Payment Account; For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project (“Project Payment Account”). The Project payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. The City Clerk is directed to certify the adoption of this Resolution. This Resolution will become effective immediately upon adoption. Now, therefore, be it resolved, that the City of Hermosa Beach City Council hereby adopts Resolution No. 2013- ____ on March 12, 2013. PASSED, APPROVED, AND ADOPTED this ___ day of _______, 2013. _________________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ __________________________ City Clerk City Attorney I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 2013-XX was duly and regularly passed and adopted by the City Council of the City of Hermosa Beach, California, at its adjourned regular meeting held on the 12th day of March, 2013, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CITY OF HERMOSA BEACH CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT JANUARY 2013 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SPECIFICATIONS FOR CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT Proposals will be received on behalf of The City of Hermosa Beach, at the office of the City Clerk, City Hall, 1315 Valley Dr., Hermosa Beach, California, until 2:00 PM on THURSDAY February 21, 2013. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT TABLE OF CONTENTS Page No. COVER SHEET TITLE SHEET LOCATION MAP TABLE OF CONTENTS ........................................................................................... i NOTICE INVITING BIDS ......................................................................................... 1 INSTRUCTIONS TO BIDDERS ............................................................................... 3 PROPOSAL DOCUMENTS ..................................................................................... 6 Bidding Schedule .................................................................................... 7 Bidder's Declaration ................................................................................ 11 Non-collusion Affidavit ........................................................................ … 13 Declaration of Eligibility to Contract ........................................................ 14 Bid Bond ................................................................................................. 15 Designation of Subcontractors ................................................................ 16 Construction Project Reference .............................................................. 17 Bidder's Assurance ................................................................................. 18 Certificate of Non-Discrimination by Contractors .................................... 19 FAIR EMPLOYMENT PRACTICES DOCUMENTS .................................................. 20 CONTRACT DOCUMENTS ..................................................................................... 27 Agreement .............................................................................................. 28 Faithful Performance Bond ..................................................................... 36 Payment Bond ........................................................................................ 38 Workers' Compensation Insurance Certificate ........................................ 40 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution ................................................................. 41 Exhibits A through E SPECIAL PROVISIONS Table of Contents ................................................................................... SP(i) – SP(iii) Section 1 – Section10 ............................................................................. SP-1 – SP-26 TECHNICAL PROVISIONS ..................................................................................... TP-1 – TP-16 APPENDIX “A" PROJECT PLANS APPENDIX “B" NOTICE OF PUBLIC IMPROVEMENT APPENDIX “C" CALTRANS ENCROACHMENT PERMIT APPENDIX “D" PREVAILING WAGE REQUIREMENTS i 1 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT City of Hermosa Beach NOTICE INVITING BIDS CIP No. 11-179 – HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT Notice is hereby given that the City of Hermosa Beach will receive sealed bids at the Office of the City Clerk, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254, until 2:00 P.M. on Thursday, February 21, 2013, for CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT. ENGINEER’S ESTIMATE: $186,000 This project consist of the construction of continuous sidewalks and Americans with Disabilities Act (ADA) curb access ramps on the south side of 16th Street between Pacific Coast Highway (PCH) and Prospect Avenue; restriping of crosswalks; installation of conforming school zone signs; and construction of stand back line in front of Hermosa View Elementary School. All bids must be submitted in writing, on standard forms available in the Public Works Department, at the above address. All bids must be sealed and must be plainly marked in the lower left-hand corner “CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT.” It shall be the bidder’s responsibility to inquire for any addendums/updates to this Notice Inviting Bid prior to submitting their bid. Each proposal must be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Hermosa Beach, in an amount not less than 10 percent of the total bid submitted. The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at http://www.dir.ca.gov/dlse/dlsePublicWorks.html. The contractor shall possess a valid State of California Contractors License Class A. The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsible bidder. Plans and Specifications will be available for review at City Hall. Details may be found on the City’s website at http://www.hermosabch.org/index.aspx?page=82. All questions regarding this bid must be submitted in writing on or before 3:00 PM on Thursday, February 14, 2013, to Mr. Mondher Saïed, Project Manager, via facsimile (310) 937-5015 or by email: msaied@hermosabch.org. A non-mandatory pre-bid meeting is scheduled for 10:00 AM on Tuesday, February 12, 2012 at Hermosa Beach City Hall, 1315 Valley Drive, Hermosa Beach, California. Plans and Specifications may be picked up at the Office of the Director of Public Works/City Engineer beginning Monday, February 4, 2013, by paying a non-refundable fee of $25.00 per 2 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT set. Plans and specifications can be mailed directly to the contractor if a Federal Express or preferred carrier account number is provided. City Hall is open M-Th 7:00 a.m. to 6:00 p.m. Elaine Doerfling City Clerk Run legal: January 31th, February 14th 3 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT INSTRUCTIONS TO BIDDERS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT FORM OF PROPOSAL The Proposal shall be fully executed and submitted on the forms provided by the City and shall be enclosed in a sealed envelope marked and addressed as directed in the Notice Inviting Bids. Proposal forms will be issued in each bound copy of the Contract Documents. PROPOSAL DOCUMENTS All Proposals shall include the following executed documents to be submitted with each bid: Bidding Schedule Bidder's Declaration Non-Collusion Affidavit Bid Bond Designation of Subcontractors Construction Project Reference Bidder's Assurance Certificate of Non-Discrimination by Contractors DELIVERY OF PROPOSAL The Proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that its Proposal is received as stipulated. Any Proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened. WITHDRAWAL OF PROPOSAL The Proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals. No Proposal may be withdrawn after the hour fixed for opening bids. MODIFICATIONS AND ALTERNATIVE PROPOSALS Unauthorized conditions, limitations, or provisions attached to the Proposal will render it informal and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. Oral, telegraphic, or telephonic proposals or modifications will not be considered. 4 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT DISCREPANCIES IN PROPOSALS In the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so will render the Proposal informal and may cause its rejection. The bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract. The total amount of each item bid and the total amount of the bid shall be stated in figures. If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto. PROPOSAL GUARANTEE Each bidder shall submit with his Proposal cash, an unconditional certified or cashier's check, or a bidder's bond, in the sum of the percentage of the bid stated in the Notice Inviting Bids, payable to the City as a guarantee that the bidder will, if its Proposal is accepted, execute the Contract and furnish a satisfactory Faithful Performance Bond, a satisfactory Payment Bond and insurance certificates as specified herein. If a bidder to whom an award is made, fails or refuses to sign the Contract or furnish the required bonds and certificates, all within the time stated in Section 2-1.5 of the Special Provisions bound herein, the funds represented by said check or bidder's bond shall be forfeited and become and remain the property of the City; the amount thereof being agreed to by the bidder and the surety as liquidated damages due the City because of the delay in the execution of the Contract and in the performance of work thereunder, resulting from such failure or refusal, except that if the City awards the contract to the next lowest bidder, only that portion of the bidder's security equal to the difference between the two bids will be forfeited. A Bid Bond must be obtained from a corporate surety authorized to do business as such in the State of California and should be on the form furnished by the City or one substantially in conformance with it. Certified or cashier's checks must be drawn on a solvent state or national bank or branch thereof in the State of California. The liability of the City in connection with the checks shall be limited to the return of the checks as provided in Section 2-1.6 of the Special Provisions bound herein. DISQUALIFICATION OF BIDDERS A person, firm, or corporation shall NOT be allowed to make or file, or to be interested in, more than one bid, except an alternative bid when specifically requested; provided, however, a person, firm, or corporation who has submitted a sub-proposal to a bidder submitting a Proposal, or who has quoted prices on materials to such bidders, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals, or from submitting a Proposal as a prime contractor. 5 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT ADDITIONAL REQUIREMENTS The bidder's attention is directed to the Special Provisions and Technical Provisions bound herein for additional requirements of the Proposal and Contract Documents. FAIR EMPLOYMENT PRACTICES DOCUMENTS Fair Employment Practices Documents are to be submitted by the low bidder within three days following the opening of bids. See enclosed instructions and documents on page 19. CONTRACT DOCUMENTS Contract Documents are to be submitted within twenty-one (21) calendar days AFTER award of contract. See enclosed documents commencing on page 26. BIDDER QUALIFICATIONS Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the CONSTRUCTION PROJECT REFERENCE form provided herein. Each bidder shall posses a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years experience in the magnitude and character of the work bid. Bidder Qualifications called for to be submitted at the time of bid include, but are not necessarily limited to: 1. The Contractor shall have been in business under the same name and California Contractor’s License for a minimum of 5 continuous years prior to the bid opening date for this project. The license used to satisfy this requirement shall be of the same type as required by the contract. 2. The Contractor’s license classifications shall be “A”. 3. The Contractor shall provide a minimum of 3 references for similar projects which have been successfully completed in the State of California during the past 5 years. 4. The Contractor shall have a minimum of 10 years experience in sidewalk rehabilitation projects of a similar nature. 5. The Contractor shall perform above 50% of the contract with its own forces. 6 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL DOCUMENTS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT To Be Submitted WITH Bid Package 7 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACTOR: PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT BIDDING SCHEDULE TO: CITY OF HERMOSA BEACH HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY HALL HERMOSA BEACH, CALIFORNIA 90254 Ladies and Gentlemen: The undersigned declares that he has carefully examined the location of the proposed work and that he has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for: CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT in accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions and Technical Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction (current edition), and the requirements of the Engineer under said documents, for the prices shown herein. All work shall be completed within 45 working days from the date the notice to proceed is issued by the Engineer. 8 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACTOR: ITEM EST. UNIT PRICE ITEM TOTAL NO. DESCRIPTION QTY UNIT IN FIGURES 1 MOBILIZATION (Not to Exceed 5% of Bid) 1 LS 2 TRAFFIC CONTROL 1 LS 3 REMOVE AND RECONSTRUCT CONCRETE DRIVEWAY 10 EA 4 REMOVE AND RECONSTRUCT 4” CONCRETE SIDEWALK 2,380 SF 5 REMOVE & REPLACE CURB & GUTTER OVER 6” CMB WITH SLOT PATCH 419 LF 6 REMOVE AND RECONSTRUCT CURB RAMP WITH TRUNCATED DOME SURFACE PER PLAN 16 EA 7 CONSTRUCT CURB RAMP WITH TRUNCATED DOME SURFACE PER PLAN 1 EA 8 CONSTRUCT 6” CMU WALL PER APWA STD. PLAN NO. 6-8-3, TYPE A 18 LF 9 CONSTRUCT CONCRETE WHEEL STOP PER PLAN 10 EA 10 CONSTRUCT 6” PCC CURB 114 LF 11 STRIPPING PER PLAN 1 LS 9 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT 12 SCHOOL SIGNS PER PLAN 16 EA 13 REMOVE TREES 8 EA 14 REMOVE WOOD WALL 71 LF 15 REMOVE BUSHES, GRASS LAWN, AND MISCELLANEOUS LANDSCAPE FEATURES 1 LS 16 REMOVE PAVER BLOCK 25 SF 17 REMOVE BRICK WALL 20 LF 18 REMOVE AC PAVEMENT 65 SF 19 REMOVE CONCRETE CURB 11 LF 20 REMOVE CMU WALL 10 LF 10 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACTOR: Total Bid: (Figures) (Words) In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of _______________________________________________________________Dollars, said amount being not less than 10 percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided. 11 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT BIDDER'S DECLARATION It is understood and agreed that: 1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions. 2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof. 3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal. 4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned. The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents. The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified, and will complete said work within the time specified in the Bidding Schedule. 5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder. 6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an 12 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT amount equal to the difference between the low bid and amount of the bid of the bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contracts Code Sec. 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided. 7. This bid will not be withdrawn within a period of thirty (30) days after the date of its proper opening by the City. 8. The undersigned bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete. Respectfully submitted, _______________________________ __________________________________ Contractor's Business Name Contractor Sign Title ________________________________ __________________________________ Business Address: Street By Title ________________________________ __________________________________ City State Zip Contractor's License No. and Classification ________________________________ __________________________________ Business Phone Number Date ________________________________ __________________________________ Name Title Residence: Street ________________________________ __________________________________ City State Zip Residence Phone Number Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co-partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed. 13 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT NON-COLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) State of California County of Los Angeles being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 that anyone shall refrain from bidding; that 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 that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid. NAME OF BIDDER SIGNATURE OF BIDDER ADDRESS OF BIDDER CITY STATE ZIP ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate jurats) 14 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The undersigned contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states: “(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.” 4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ___________ day of _____________________, at ___________________ (place of execution), California. ___________________________________ Signature Name: _____________________________ Title: ______________________________ Name of Company: ___________________ 15 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT , as Principal, and , as Surety, are held firmly bound unto the City of Hermosa Beach in the sum of $ DOLLARS, (not less than ten percent of total amount of bid) 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. WHEREAS, said Principal has submitted a bid to the City to perform all work required under the following: PROJECT No.: CIP 11-179 TITLE: HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT NOW, THEREFORE, if said Principal is awarded a Contract by the City and, within the time and in the manner required in the Specifications for said project, enters into the written form of Contract bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys’ fee to be fixed by the court. Surety hereby waives the provisions of California Civil Code §2845. SIGNED AND SEALED, this day of , (SEAL) (SEAL) Principal Surety BY: BY: Signature Signature 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. 16 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner. The bidder shall also designate in the space provided indicating whether or not the subcontractor qualifies as a Woman Owned Business Enterprise, "WBE”, or a Minority Business Enterprise, "MBE”. WBE Portion State or of Subcontractor's Type of License MBE Work % Name and Address Work Number Class ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ The total amount of work subcontracted shall not exceed more than 49% of the contract amount. 17 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONSTRUCTION PROJECT REFERENCE To be responsive, the bidder must list below the minimum requirements as described in the section entitled BIDDER QUALIFICATIONS on page 3 of these specifications. Attach additional sheets as needed. . Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature 18 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT BIDDER'S ASSURANCE FROM: Name of Bidder: Business Address: Telephone No: ( ) TO: Members of the City Council c/o City Hall City of Hermosa Beach, California Members of the City Council: Pursuant to your published Notice Inviting Bids for: PROJECT No.: CIP 11-179 TITLE: HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT The undersigned declares that he has carefully examined the location of the proposed work; that he has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders; and hereby proposes to furnish all materials, machinery, tools, labor, and services, and do all the work necessary to complete the project in accordance with said Plans and Specifications, and other Contract Documents, at the item prices on the bidding schedule. BY: TITLE: 19 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PROPOSAL CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company: 20 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT FAIR EMPLOYMENT PRACTICES DOCUMENTS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT To Be Submitted By The Low Bidder WITHIN THREE WORKING DAYS FOLLOWING OPENING OF BIDS 21 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT FAIR EMPLOYMENT PRACTICES CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT INSTRUCTIONS The Fair Employment Practices in Contracts, as adopted by City, requires that the City not do business with any firm that discriminates against any employee or applicant for employment because of race, color, religion, sex, or national origin. Accordingly, every contract or subcontract of the City in excess of $10,000 for public works, or for goods and services, must be accompanied by a Certificate of Non- Discrimination, obligating the contractor or subcontractor to observe the requirements specified therein. In addition to the Certificate of Non-Discrimination, the Fair Employment Practices in Contracts also requires that the lowest responsible bidder undertake an affirmative course of action to promote equal employment opportunities and to ensure that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Completion of the attached compliance report will satisfy this requirement. The apparent successful low bidder and each of its subcontractors must submit one copy of the compliance report to the Director of Public Works/City Engineer, Hermosa Beach City Hall, 1315 Valley Dr., Hermosa Beach, California, 90254, within three days after the opening of bids. 22 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT FAIR EMPLOYMENT PRACTICES CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACTOR COMPLIANCE REPORT This report must be completed by prime contractor and each subcontractor. Complete all items unless otherwise instructed. Use additional sheets if necessary. Submit one copy of the completed report to Owner: c/o Department of Public Works Hermosa Beach City Hall 1315 Valley Dr. Hermosa Beach, CA 90254 PART I. FIRM DESCRIPTION 1. Circle one: Prime Contractor Subcontractor 2. Name of Firm: 3 Address: 4. Name and address of principal official or manager: 5. Name and address of home office, if different from above: 6. Person completing this form: Signature: Name and Title: Business Telephone: 23 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PART II: POLICIES AND PRACTICES (Circle proper answer) 1. Yes No Have you informed company officials and representatives regarding the non-discrimination provisions of the Owner's contracts? 2. Yes No Do your solicitations or advertisements for employment specify that you are an equal opportunity employer? 3. Yes No Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees? If so, please enumerate: W = White B = Black H = Hispanic A = Asian AI = American Indian M = Male F = Female 4. Yes No Are any apprentices obtained from sources outside the employer's work force? If yes, have you circulated information about apprenticeship openings or opportunities to the following: Yes No State Employment Offices Yes No Newspapers or other media Yes No High schools, including those in minority group areas Yes No Local trade or vocational schools Yes No Agencies and organizations specializing in minority employment If there are any apprenticeship programs, please list, along with ethnic breakdown: JOB CATEGORY TRAINING PROGRAM W B H A AI M F TOTAL JOB CATEGORY TRAINING PROGRAM W B H A AI M F TOTAL 24 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT 5. Yes No If you are a prime contractor, have all subcontractors covered by these compliance inspection reports been instructed as to their contractual obligations relating to the non-discrimination provisions of the Owner's contracts? 6. Identify (names and addresses) the employment agencies, personnel recruitment organizations, newspaper advertising, or other non-union sources from which the company recruits its personnel. NAME ADDRESS 7. Yes No Have you a collective bargaining agreement with a labor union or other organization? If yes, specify the union or organization. 8. Yes No Does your company's collective bargaining agreement or other contract or understanding with a labor union or other working organization include a provision for non-discrimination in employment? 9. Remarks: Use this space for comment on any answers you have supplied. 25 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PART IIIA: EMPLOYMENT FIGURES (1) Name of Firm: Project Name: Date Form Submitted: Person Submitting Form: Check One: Submit separate forms for company makeup (page 24), and for specific project makeup (page 25) ( X ) Permanent makeup of company ( ) Estimated makeup of employees on this specific project only MINORITY GROUPS* JOB CATEGORIES TOTAL EMPLOYED WHITE BLACK HISPANIC ASIAN AMERICAN INDIAN M F OFFICERS & OFFICIALS PROFESSIONAL (2) CLERICAL & OFFICE FIELD SUPERVISOR SKILLED/SPECIFY TRADE A B C D SEMI-SKILLED (3) UNSKILLED (4) TOTAL ITEMS 1-7 (1) This report must be completed by prime contractor and each subcontractor. (2) Occupations requiring college education or equivalent experience: e.g., accountants, architects, scientists, teachers, etc. (3) Workers who operate equipment or perform factor-type duties of intermediate skill level: e.g., auto attendants, laundry operators, truck drivers, etc. (4) Works in manual occupations: e.g., laborers performing lifting, digging, mixing or loading operations, etc. *An employee may be included in the minority group in which he/she appears to belong, or is regarded in the community as belonging. Eliciting information as to the racial or ethnic identify of an employee by direct inquiry is not encouraged. 26 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PART IIIB: EMPLOYMENT FIGURES (1) Name of Firm: Project Name: Date Form Submitted: Person Submitting Form: Check One: Submit separate forms for company makeup (page 24), and for specific project makeup (page 25) ( ) Permanent makeup of company ( X ) Estimated makeup of employees on this specific project only MINORITY GROUPS* JOB CATEGORIES TOTAL EMPLOYED WHITE BLACK HISPANIC ASIAN AMERICAN INDIAN M F OFFICERS & OFFICIALS PROFESSIONAL (2) CLERICAL & OFFICE FIELD SUPERVISOR SKILLED/SPECIFY TRADE A B C D SEMI-SKILLED (3) UNSKILLED (4) TOTAL ITEMS 1-7 (1) This report must be completed by prime contractor and each subcontractor. (2) Occupations requiring college education or equivalent experience: e.g., accountants, architects, scientists, teachers, etc. (3) Workers who operate equipment or perform factor-type duties of intermediate skill level: e.g., auto attendants, laundry operators, truck drivers, etc. (4) Works in manual occupations: e.g., laborers performing lifting, digging, mixing or loading operations, etc. *An employee may be included in the minority group in which he/she appears to belong, or is regarded in the community as belonging. Eliciting information as to the racial or ethnic identify of an employee by direct inquiry is not encouraged. 27 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACT DOCUMENTS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT To be Submitted Within Twenty-One (21) Calendar Days AFTER Award of Contract 28 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between ___________________ (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for CIP No. 11-179 Hermosa View Elementary Safe Route to School Project, bids were received, publicly opened, and declared on the date specified in the notice; and B. On_________________, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Hermosa View Elementary Safe Route to School Project in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Hermosa View Elementary Safe Route to School Project in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated January, 2013 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, Exhibits A through E, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 29 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 45 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprentice- ship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or 30 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs regis- tered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the 31 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 32 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, 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 worker's 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. 11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S 33 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 34 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT 18. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Mondher Saïed, P.E., Project Manager CONTRACTOR: __________________________________________ __________________________________________ Attention: __________________________________ 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code §§ 10240-10240.13. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE OR EMAIL SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission, or scanned and delivered via email. Such facsimile or email signature will be treated in all respects as having the same effect as an original signature. 35 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. CONTRACTOR _________________ By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________ By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date 36 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACT CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT FAITHFUL PERFORMANCE BOND WHEREAS, the City of Hermosa Beach has awarded to , hereinafter designated as the "Principal", a Contract for: PROJECT No.: CIP 11-179 TITLE: HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, as Principal, and as Surety, are held and firmly bound unto the Owner in the sum of Dollars ($ ), 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 to 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 all court costs and reasonable attorneys’ fees to the City of Hermosa Beach in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the 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 therein 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 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. 37 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of , 2013, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Principal By Surety By Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 38 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACT CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PAYMENT BOND WHEREAS, the City of Hermosa Beach has awarded to , as Contractor, a contract for the work described as follows: PROJECT No.: CIP 11-179 TITLE: HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law; NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the Owner in the sum of for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. 39 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2013. CONTRACTOR SURETY Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 40 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT CONTRACT CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: 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 the Contract. DATED: CONTRACTOR By Signature Title ATTEST: By Signature Title 41 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description:_________________________________________ ____________________________________________________________________________________ Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Name____________________________________ Name_____________________________________ By:______________________________________ By:_______________________________________ Its Its Page 1 of 3 EXHIBIT A INSTRUCTIONS FOR COMPLETING, EXECUTING AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER Insured: Date: (Contractor, Lessee, Permittee, etc.) Insured A. 1. In order to reduce problems and time delays in providing evidence of insurance to the City, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance. 2. If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, then a copy of the certificate from the State authorizing self-insurance for Workers' Compensation shall meet the requirements for Workers' Compensation insurance covering activities within the State of California. 3. All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement. Insurance Agent or Broker B. 1. The appropriate Endorsement Form shall be used. No changes in the terms of the Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City. Page 2 of 3 EXHIBIT A 2. More than one insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed. ( ) Workers' Compensation/Employers Liability ( ) General Liability ( ) Automobile Liability ( ) Excess/umbrella Liability ( ) Professional Liability ( ) Property insurance ( ) Fine Arts Property Insurance 3. You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative transmit the forms to the City. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures. 4. The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form. 5. The "General description of agreement(s) and/or activity(ies) insured" shall include reference to the activity and/or to either the specific City contract number, lease number, permit number or construction approval number. 6. The coverages and limits for each type of insurance are specified in the attached sheet of insurance requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the endorsement listing such scheduled locations, vehicles, etc., so covered. 7. Endorsements to excess policies will be required when primary insurance is insufficient in complying with the City's requirements. Page 3 of 3 EXHIBIT A 8. If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached. 9. When additional sheets are attached, change the number of pages at the bottom of the form. 10. Completed Endorsement(s) and questions relating to the required insurance are to be directed to: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 11. Improperly completed Endorsements will be returned to your insured for correction by an authorized representative of the insurance company. 12. DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY DELAY YOUR INSURED'S INTENDED OCCUPANCY OR OPERATION UNDER AGREEMENT WITH THE OWNER. 13. For extensions or renewals of insurance policies which have the City's Endorsement Form(s) attached, the City will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage. Page 1 of 2 EXHIBIT B GENERAL COMPREHENSIVE LIABILITY ADDITIONAL INSURED ENDORSEMENT NAME OF ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 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. Endorsement Effective Policy No. No. Date Page 2 of 2 EXHIBIT B TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages includes: ( ) Premises & Operations ( ) Explosion Hazard ( ) Contractual Liability ( ) Collapse ( ) Independent Contractors ( ) Underground Hazard ( ) Products/Completed Operations ( ) Personal Injury ( ) Broad Form Property Damage ( ) ( ) Broad Form Liability Endorsement A deductible or self-insured retention (strike out one) of applies to coverage. DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE . INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) Page 1 of 2 EXHIBIT C AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT NAME OF ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 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. Endorsement Effective Policy No. No. Date Page 2 of 2 EXHIBIT C TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following are covered by the policy: ( ) Owned Automobiles ( ) Owned, Non-owned and Hired Automobiles ( ) Non-owned Automobiles ( ) Hired Automobiles A deductible or self-insured retention (strike out one) of applies to coverage. DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE . INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) Page 1 of 2 EXHIBIT D WORKERS' COMPENSATION/EMPLOYERS LIABILITY SPECIAL CANCELLATION NOTICE ENDORSEMENT NAME AND ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: This policy shall not be subject to cancellation except after notice in writing shall have been sent not less than thirty (30) days prior to the effective date thereof by certified mail, return receipt requested, addressed to Risk Management, City of Hermosa Beach, 1315 Valley Dr., Hermosa Beach, CA 90254. The company agrees to waive all rights of subrogation against the City and its or their elected officials, officers, agents and employees. 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. Endorsement Effective Policy No. No. Date TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Workers' Compensation Statutory Page 2 of 2 EXHIBIT D Employers Liability The following are included in the above coverages: ( ) Broad Form All States Endorsement ( ) Voluntary Compensation Endorsement ( ) ( ) INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) Page 1 of 2 EXHIBIT E EXCESS LIABILITY INSURANCE ADDITIONAL INSURED ENDORSEMENT NAME AND ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 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. Endorsement Effective Policy No. No. Date Page 2 of 2 EXHIBIT E TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY AMOUNT EXCESS OF Excess Liability ( ) Following Form ( ) Umbrella Liability ( ) Other Applicable underlying coverages Insurance Company Policy No. Amount The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: A deductible or self-insured retention (strike out one) of $ applies to coverages not included in underlying policies. DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE . INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) i CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SPECIAL PROVISIONS The following Special Provisions supplement and amend the "Standard Specifications for Public Works Construction" (Green Book). As a reference they have been arranged into a sequence which parallels the arrangement of the Standard Specifications. For all signing and stripping shown on the plans, use MUTCD 2012 or current addition. For all work within Caltrans right-of-way follow Caltrans Specification and Caltrans Encroachment permit guidelines. ii SPECIAL PROVISIONS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT TABLE OF CONTENTS Page No. PART 1 – GENERAL PROVISIONS SP-1 PREFACE: STANDARDS SPECIFICATIONS AND STANDARD DRAWINGS SP-1 Section 1-2: Definitions SP-1 Section 2: Scope of Control of the Work SP-2 2-1 Award and Execution of Contract SP-2 2-1.1 Proposal SP-2 2-1.2 Examination of Plans, Specification SP-2 and Project Site 2-1.3 Interpretation of Drawings and Documents SP-3 2-1.4 Award of Contract SP-3 2-1.5 Execution of Contract SP-3 2-1.6 Return of Proposal and Guarantee SP-4 2-5.2 Precedence of Contract Documents SP-4 2-5.3.3 Submittals SP-5 2-9.1 Permanent Survey Markers SP-5 2-9.3 Survey Service SP-5 Section 3: Changes in Work SP-6 3-3.2.2 Basis for Establishing Costs SP-6 3-3.2.3 Markup SP-6 3-5 Disputed Work SP-7 3-5.1 Retention of Imperfect Work SP-7 Section 6: Prosecution, Progress and Acceptance of the Work SP-7 6-1 Construction Schedule and SP-7 Commencement of Work 6-7.2 Working Day SP-8 6-8 Completion and Acceptance SP-8 6-9 Liquidated Damages SP-9 iii Section 7: Responsibilities of the Contractor SP-9 7-1 Contractor’s Equipment and Facilities SP-9 7-1.1 Contractor’s Responsibility for Work SP-10 7-1.2 Notice and Service Thereof SP-10 7-1.3 Warranty of Title SP-10 7-2 Labor SP-11 7-2.2 Laws SP-11 7-3 Liability Insurance SP-11 7-5 Permits SP-13 7-6 The Contractor’s Representative SP-13 7-9 Protection and Replacement of Existing SP-13 Improvements 7-10 Public Convenience and Safety SP-14 7-10.1 Traffic and Access SP-14 7-10.3 Street Closures, Detours, Barricades SP-14 7-10.4.4 Edison Energized Conductors SP-16 7-10.4.5 Emergency Provisions SP-16 Section 9 Measurement and Payment SP-17 9-3.2 Partial and Final Payment SP-17 9-3.5 Work Performed Without Direct Payment SP-17 Section 10 Additional Special Provisions SP-17 10-1 Legal Relations and Responsibilities SP-17 10-1.1 Laws to be Observed SP-17 10-2 Fair Employment Practice Commission SP-19 Certification 10-6 Beginning of Work, Time of Completion SP-26 And Liquidated Damages TABLE OF CONTENTS – continued Page No NOIN No. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 1 SPECIAL PROVISIONS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT PART 1 – GENERAL PROVISIONS PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS The Standard Specifications for Public Works Construction written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the Owner. All work shall conform to the latest edition, including supplements, of the Standard Specifications, these Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the City available at the time bids are opened unless otherwise specified in the Contract Documents. The above referenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract Documents. For the convenience of the Contractor, the section and subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications. Section 1 Terms, Definitions, Abbreviations and Symbols Section 1-2 Definitions Whenever in the Standard Specification in the following terms are used, they shall be understood to mean and refer to the following: (a) BOARD The City Council of the City of Hermosa Beach (b) CONTRACT Documents including but not limited to the proposed DOCUMENTS forms, Special Provisions, Technical Provisions, Bonds, Insurance, Contract and all Addenda setting forth any modifications of the documents. (c) ENGINEER The Director of Public Works/City Engineer or his authorized representative. (d) BIDDER An individual, co-partnership, association or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 2 (e) LEGAL ADDRESS The legal address of the Contractor to be the address OF CONTRACTOR given on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (f) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. Section 2 Scope and Control of the Work Section 2-1 Award and Execution of Contract Section 2-1.1 Proposal The following is in addition to the provision of Section 2-1: The proposal shall be fully executed and submitted on the forms provided by the City and shall be enclosed in a sealed envelope marked and addressed as directed in the “Notice Inviting Bids”. If the proposal is made by an individual, it shall be signed and his or her full name and address shall be given; if it is made by a firm it shall be signed with co-partnership name by a general partner thereof, who shall also sign his or her known name, and the name and address of each member of such co-partnership shall be given; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal. Bidders are warned against making erasures or alterations of any kind on their Proposal. Proposals which contain omissions, erasures, alterations, conditions or additions not called for may be rejected. At the time the Contract is awarded by the City, the Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract. Section 2-1.2 Examination of Plans, Specifications and Project Site The following is in addition to the provisions of Section 2-1: Bidders shall read the specifications, examine the drawings and make their own estimates of the existing facilities and difficulties which will attend the execution of the CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 3 work called for by the proposed contract, including local condition, uncertainty of weather and all other contingencies. Bidders shall satisfy themselves by personal examination of the locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the City. Section 2-1.3 Interpretation of Drawings and Documents The following is in addition to the provisions of Section 2-1: If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a correction thereof. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, or delivered to each person receiving a set of the Contract Documents whose address is known to the Engineer and such addendum shall be considered a part of and incorporated in the Contract Documents. Section 2-1.4 Award of Contract The following is in addition to the provisions of Section 2-1: After the Proposals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein. The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. Award of the Contract, if it be awarded, will be made by the Owner within 30 days after opening of the bids. Award will be made to the lowest responsible bidder. 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. To receive favorable consideration, a bidder may be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the City that he or his associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 4 Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work. Only manufacturers or contractors of established reputation, or their duly authorized dealers or agency, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award. Section 2-1.5 Execution of Contract The following is in addition to the provisions of Section 2-1: A bidder whose proposal is accepted shall properly sign a written contract with the City on the form attached hereto and return said contract together with good and approved bonds and insurance certificates as required by the Contract Documents within twenty- one (21) calendar days from the date of the mailing of a notice from the City to the bidder, according to the address given by him, of acceptance of his proposal. Contract bonds and certificates of insurance, if required, shall be filed in all instance before delivering any equipment, materials or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified. If a bidder whose proposal is accepted fails or refuses to enter into a contract as herein provided, or to conform to any stipulated requirement in connection therewith, the money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the City enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the City an award may be made to the bidder whose proposal is next most acceptable to the City, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California and of the authority of the officer signing the contract and bonds for the corporation to so sign. Section 2-1.6 Return of Proposal and Guarantee The following is in addition to the provisions of Section 2-1: The check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have been fully performed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 5 executed all of the required Contract Documents. Check or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids. Section 2-5.2 Precedence of Contract Documents The following supersedes the provisions of Section 2-5.2: The order of precedence of contract documents shall be: FIRST Agreement SECOND Special Provisions THIRD Standard Specifications Section 2-5.3.3 Submittals The following is in addition to the provisions of Section 2-5.3.3: The Contractor shall submit the following submittals within 15 days of notification of the City’s intent to award this contract: Work Schedule Material Data (catalog sheets) and Samples (where applicable) Resident and Business Notification Letter Best Management Practices Plan Traffic Control Plan The City will review and respond to all submittals within ten working days of receipt. Section 2-9.1 Permanent Survey Markers The following is in addition to the provisions of Section 2-9.1: The Contractor is required to locate and tie out survey monuments in the project area prior to construction involving street and highways, and to file with the County Surveyor a Corner Record of any such work. Prior to the issuance of a completion certificate, the Contractor is required to file a Corner Record for survey monumentation that is replaced. All such survey work shall be performed under the supervision of a California licensed Land Surveyor or a Civil Engineer authorized to perform such work. The Contractor shall provide the City a copy of the office calculations and documents submitted to the County for filing in connection with the aforementioned work. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 6 The payment for surveying, related professional services, office calculation, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor. Section 2-9.3 Survey Service The following supersedes the provisions of Section 2-9.3: Unless otherwise provided in the Technical Provisions, lines and grades for construction shall be the responsibility of the Contractor, with the following provisions: All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved. The Contractor shall provide a copy of the office calculations and grade sheets to the City’s Inspector. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking. Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor. Section 3 Changes in Work Section 3-3.2.2 Basis for Establishing Costs Section 3-3.2.2 shall be changed as follows: (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus the employer payments of payroll taxes, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by collective bargaining agreements. Section 3-3.2.3 Markup Section 3-3.2.3 shall be changed as follows: (a) Work by Contractor. An allowance for overhead and profit shall be added to the Contractor’s costs as determined under 3-3.2.2 and shall constitute the full and CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 7 complete markup for all overhead and profit on extra work performed by the Contractor. The Contractor shall also be compensated for the actual increase in the Contractor’s bond premium caused by the extra work. Equipment rates shall be determined utilizing the latest published Caltrans equipment rates. For costs determined under each subsection in 3-3.2.2, the markup shall be: (a) Labor 20% (b) Materials 15% (c) Tool and Equipment Rental 15% (d) Other Items 15% (b) Work by Subcontractor. When any of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s costs as determined under 3-3.2.2. An allowance for the Contractor’s overhead and profit shall be added to the sum of the Subcontractor’s costs and markup and shall constitute the full and complete markup for all overhead and profit for the Contractor on work by the Subcontractor. For Contractor markup of Subcontractor’s costs, the allowance shall be 10% on the first $2,000 or portion thereof, and 5% on costs in excess of $2,000. Section 3-5 Disputed Work Section 3-5.1 Retention of Imperfect Work The following is in addition to the provisions of Section 3-5: If any portion of the work done or materials furnished under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. Section 6 Prosecution, Progress and Acceptance of the Work Section 6-1 Construction Schedule and Commencement of Work The following is in addition to the provisions of Section 6-1: The Contractor’s proposed construction schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. The schedule shall be supported by written statements from each supplier of materials or CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 8 equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures. The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work. The Contractor shall also notify the City of Hermosa Beach and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct: Southern California Edison Co. Scott Gobble 310-783-9393 Southern California Gas Co. Bill Stevens 310-605-7837 Verizon Diego Mederos 310-264-5681 Hermosa Beach Police & Fire Dispatch 310-524-2750 Time Warner (Cable TV) Scott Benson 310-420-6042 California Water Service Co. Robert Olsen 310-257-1428 Underground Service Alert 800-227-2600 Los Angeles County Flood Control 310-861-0316 Los Angeles County Public Works Brian Mossberg 626-458-3122 Los Angeles Sanitary District 626-300-4624 City of Hermosa Beach Homayoun Behboodi 310-318-0212 The Contractor shall submit periodic Progress Reports to the Director of Public Works by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.2 Working Day CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 9 The following is in addition to the provisions of Section 6-7: The Contractor’s working hours shall be limited to the hours between 8:00 A.M. and 5:00 P.M., Monday through Friday. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor. The following days are considered holidays, and no work will be allowed on the project. Any work not completed and fully open to public traffic shall be maintained in a safe and delineated condition. Traffic control and safety devices shall be maintained at all times. Veteran’s Day Nov 11 Holiday week between December 25 through January 1 Martin Luther King Jr. Day January 21 Presidents Day February 18 Independence Day July 4 Section 6-8 Completion and Acceptance The following is in addition to the provision of Section 6-8: In addition to the guarantees as required in Section 2-4 of the Standard Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the Owner to insure that defects, which appear within said period, will be repaired, replaced, or corrected by the Contractor, at his own cost and expense, to the satisfaction of the Engineer within thirty (30) days after written notice thereof by the City. Section 6-9 Liquidated Damages The following is in addition to the provisions of Section 6-9: The amount of liquidated damages is hereby amended to $500 for each consecutive calendar day. Section 7 Responsibilities of the Contractor Section 7-1 Contractor’s Equipment and Facilities CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 10 Section 7-1.1 Contractor’s Responsibility for Work The following is in addition to the provisions of Section 7-1: Until the formal acceptance of the work by the City, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished in accordance with 7-3 hereof, bear the risk of accident, loss or damage to any part thereof by action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance. In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof. Section 7-1.2 Notice and Service Thereof Any notice required or given by one party to the other under the contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner: Notice shall be given to the City by personal delivery thereof to the City’s Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to: Public Works Department City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered. Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered. Section 7-1.3 Warranty of Title CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 11 No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him to the City free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City. The provisions of this section shall be inserted in all subcontractor’s and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into regarding such materials. Section 7-2 Labor Section 7-2.2 Laws The following is in addition to the provisions of Section 7-2.2: Each bidder must submit with the Bid Proposal a fully executed Certificate of Non- Discrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate. After the opening of bids and the determination of the low bidder, said low bidder shall submit to the Public Works Department, no later than 5:00 P.M. on the third working day following the bid opening, a completed “Fair Employment Practices Contractor Compliance Report”. The Contractor shall comply with all applicable provisions of Sections 1776, 1777.5 and 1777.7 of the California Labor Code. The Contractor shall be responsible for compliance with Section 1776 and shall insert a provision in all subcontracts requiring subcontractors to comply with said section. The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 7-3 Liability Insurance CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 12 The following supersedes the provisions of Section 7-3: The Contractor shall, at its expense, maintain in effect all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers licensed to sell insurance in the State of California and having a “A-“ or higher rating in the latest edition of Best’s Insurance Guide, and shall be subject to approval by the City’s Risk Manager: Workers’ Compensation and Employer’s Liability Workers’ Compensation – coverage as required by law Employer’s Liability – limits of at least $100,000 per occurrence Comprehensive General Liability Combined Single Limit - $1,000,000 Automobile Liability Combined Single Limit - $1,000,000 The automobile and general comprehensive liability policies may be combined in a single policy with a combined single limit of $1,000,000. All of the Contractor’s policies shall contain an endorsement providing written notice shall be given to the City at least 30 calendar days prior to termination, cancellation or reduction of coverage in the policy The Bodily Injury and Property Damage Liability policies shall contain the following: 1. An endorsement extending coverage to the City as an insured, in the same manner as the named insured as respects liabilities arising out of the performance of any work under the Contract. Such insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder. 2. “Severability of Interest” clause. 3. Elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards. 4. Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 13 Promptly on execution of the Contract, and prior to commencement of any work, the Contractor shall deliver to the City copies of all required policies and endorsements thereto on the forms supplied by the City. The Contractor shall require and verify similar insurance on the part of its Subcontractors. The foregoing requirements as to the types, limits and City approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligation assumed by the Contractor under the Contract. Any policy or policies of insurance that the Contractor or his Subcontractors elects to carry as insurance against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this contract shall include a provision waiving the insurer’s right of subrogation against the City. The cost of all insurance shall be included in the contractor’s bid. Instructions for completing the required endorsements and forms therefor are attached to these Special Provisions as Exhibits A-E. Section 7-5 Permits The following is in addition to the provisions of Section 7-5: Prior to beginning work, the Contractor shall coordinate access routes and obtain authorization and permits from the City of Hermosa Beach and any adjacent or affected private property owners. The Contractor will be responsible to protect and preserve all property and improvements in accordance with Section 7-9 of SSPWC. The Contractor must have or obtain a valid City of Hermosa Beach Business License in accordance with the provisions of the Hermosa Beach Municipal Code. In addition, The Contractor must obtain the following Encroachment Permits: City Encroachment Permit A City Encroachment Permit is required to work within public right-of-way and will be issued at no cost to the Contractor. Caltrans Encroachment Permit When work is proposed within State of California Department of Transportation right-of- way, the City will obtain an Encroachment Permit. However, after contract award, the CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 14 Contractor shall obtain and pay for an Encroachment Permit Rider (Double Permit) at the State of California Department of Transportation, District 7, Office of Permits MS/9, 100 S. Main Street, Los Angeles, CA 90012 (refer to Appendix “C”). The Contractor will need to show evidence of possessing bonding that meets the requirements of the State of California Department of Transportation. Such bonding costs will be at Contractor's expense. Other Encroachment Permits When work occurs in the right-of-way of other entities, the Contractor shall obtain and pay, as required, for an encroachment permit from that entity. Section 7-6 The Contractor’s Representative The following is in addition to the provisions of Section 7-6: The Contractor shall furnish the Engineer with the name, address and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices. Section 7-9 Protection and Replacement of Existing Improvements The following is in addition to the provisions of Section 7-9: The Contractor shall protect in place existing landscaping, walls, planters, buildings and other improvements. Section 7-10 Public Convenience and Safety The following is in addition to the provisions of Section 7-10: The contractor shall notify adjacent and affected businesses and homeowners of work and schedules 48 hours in advance of construction. Section 7-10.1 Traffic and Access The following is in addition to the provisions of Section 7-10.1: The Contractor shall provide temporary “No Parking” and all other signs which are necessary for the safe and orderly conduct of vehicular traffic as directed by the Engineer and as specified herein. He shall also provide a barricaded area in the parking lane for pedestrian traffic during such time as the parkway is unfit to be used for pedestrian traffic. Parking restrictions shall be posted on site 48 hours in advance of any closure. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 15 At such times as driveways are inaccessible due to the Contractor’s work they shall be blocked by two (2) Class II barricades or one (1) Class II barricade and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a barricade or delineator at each side. The Contractor shall give 24-hour notice to affected property owners prior to blocking any driveway. The Contractor shall provide access for refuse collection on the regularly scheduled days. He shall also facilitate or assist in the collection where such work is hampered by his operations. The Contractor shall use Caltrans Standard Plans for all traffic control within Caltrans right-of-way. Section 7-10.3 Street Closures, Detours, and Barricades The following is in addition to Section 7-10.3: The Contractor shall submit traffic control and Best Management Practices Plans and obtain approval from the engineer prior to construction. The Contractor shall notify City, fire, police, and utilities of planned work 48 hrs in advance of construction. The Contractor shall not close any street within the City of Hermosa Beach without first obtaining the approval of the Engineer. Barricading, traffic control and detour diagrams in connection with street closures shall be submitted by the contractor as required by the Engineer. The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the APWA work area traffic control (“WATCH”) handbook. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. All traffic signs and devices shall also conform to the APWA work area traffic control (“WATCH”) handbook. The Contractor shall provide and maintain Type II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet. Type II barricades mounted with flashers shall be installed around work areas in parkways. Type II barricades shall have alternating reflective orange and reflective white stripes at an angle of 45 degrees. The strip width shall be in accordance with Table 5-1 “Barricade Characteristics” “Manual of Traffic Controls for Construction and Maintenance Work Zones”. During paving operations barricades may be supplemented with minimum size eighteen-inch high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty feet. Traffic cones and delineators used within State right-of-way shall be a minimum size of twenty-eight inches high. At CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 16 all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a “Road Closed” sign shall be provided at the nearest prior intersection. “No Left Turn” signs shall be provided wherever required by the Engineer. When one-way access from a side street or alley is permitted, barricades and cones shall be provided at five-foot intervals for a distance of fifty feet on either side of the centerline of the intersecting street, or alley. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: 1. For placing of barricades: $5.00 per barricade for the first day or any part thereof and $10.00 per barricade, per day, for each day thereafter or any part thereof. For flashers: $2.50 per flasher for the first day or any part thereof and $5.00 per flasher, per day, for each day thereafter or any part thereof. For traffic cones: $2.00 per cone for each day or any part thereof, in addition to the City’s personnel and equipment costs. 2. In the event that the services of the Owner are required between the hours of 5:00 P.M. and 8:00 A.M., during the normal week or at any time on Saturday, Sunday or a City holiday, there shall be an additional charge to the above set forth minimums of $800.00 for each service trip required. 3. Upon the event that the City should need to furnish additional traffic and/or pedestrian safety devices, the Contractor shall replace and return all City furnished equipment in kind within 48 hours. After 48 hours, the City reserves the option of obtaining the services of an outside vendor to furnish Traffic Control equipment and services at the expense of the Contractor. Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restrictions and other regulatory signs. Section 7-10.4.4 Edison Energized Conductors The following is in addition to the provision of Section 7-10.4: CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 17 Contractor hereby promises and agrees that in the performance of the work specified in this Contract, it will employ and utilized only qualified persons, as hereinafter defined, to work in proximity to Edison’s secondary, primary and transmission facilities. The term “qualified person” is defined in Title 8, California Administrative Code, Section 2700, as follows: “Qualified Person: A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved.” Contractor further promises and agrees that the provisions of this section shall be and are binding upon any subcontractor or subcontractors that may be retained by it, and that Contractor shall take such steps as are necessary to assure compliance by said subcontractor or subcontractors with the requirements of this section. Section 7-10.4.5 Emergency Provisions The following is in addition to the provisions of Section 7-10.4: Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection. Whenever, in the opinion of the City, an emergency exists of which the City is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the City, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the City may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the City may seem reasonable and necessary, all at the expense of the Contractor. Section 9 Measurement and Payment Section 9-3.2 Partial and Final Payment Section 9-3.2 is hereby deleted and replaced with: The closure date for periodic progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the tenth day of the following month. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 18 Section 9-3.5 Work Performed Without Direct Payment The following is in addition to the provisions of Section 9.3: Tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the Proposal and no additional compensation will be paid therefor. Section 10 Additional Special Provisions 10-1 LEGAL RELATIONS AND RESPONSIBILITIES 10-1.1 LAWS TO BE OBSERVED: Subdivision 10-1.01.1: Laws and Regulations - The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which, in any manner, affect those engaged or employed on the work, the materials used in the work or the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract or in the Plans or Specifications herein referred to, in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violations of any such laws, ordinances or regulations whether by himself or by his employees or his subcontractors or their employees. Except as otherwise explicitly provided in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work. All state laws, all county and city ordinances and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and works required to be done hereunder, shall be deemed to be and hereby are made controlling and part of these specifications. Subdivision 10-1.01.2: General - The Contractor shall keep himself fully informed of all existing state and national laws and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials 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 any jurisdiction or authority over the same. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 19 Subdivision 10-1.01.3: Eight-Hour Law - Eight (8) hours labor constitutes a legal day's work. The Contractor shall forfeit as a penalty $25.00 (Twenty-five dollars) for each workman employed in the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such workman 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 the Labor Code and in particular, Section 1810 to Section 1815 thereof inclusive except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week, shall be compensated at not less than one and one-half (1 1/2) times the basic rate of pay as provided in Section 1815. Subdivision 10-1.01.4: Prevailing Rate of Per Diem Wages - Pursuant to the provisions of Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates. The Federal Minimum wage rates for this project as predetermined by the United States Secretary of labor are set forth herein by addenda and in copies that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the federal minimum wage rates, if necessary, will be issued to holders. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in these Special Provisions. If there is a difference between the minimum wage rates predetermined by the Secretary of labor and the general prevailing wage rates determined by the Director of the California Department of Industries Relations for similar classifications of labor, the Contractor and subcontractor shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determination. This includes “helper” (or other classifications based on hours of experience) or any other classifications not appearing in the Federal wage rate determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractor, the Contractor and subcontractor shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424- 9071. Anyone with knowledge of possible bid, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information with be treated confidentially and caller anonymity will be respected. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 20 The Contractor shall comply with Labor Code Section 1775. In accordance with said section, the Contractor shall forfeit as a penalty to the City $50.00 (fifty dollars) for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. Subdivision 10-1.01.5: Certified Payroll - Pursuant to Section 1776 of the Labor Code, the Contractor and/or subcontractors shall submit weekly to the City for each week in which any contract work is performed a certified copy of all payroll records. Should the Contractor fail to provide such payroll certificates, the City may withhold $1,000.00 for each weekly payroll certificate not received from payment due. 10-2 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION: The Contractor's attention is directed to the requirements in Section 12990 of the Government Code for nondiscrimination and compliance employment programs. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 21 LIST OF SUBCONTRACTORS The amount of work allowed to be subcontracted and the substitution of subcontractors shall be in accordance with Section 2-3 of the Standard Specifications for Public Works Construction. The bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half (1/2) of on (1%) percent of the total bid and the portion of the work to be done by such subcontractor . BIDDER’S LIST OF SUBCONTRACTORS (DBE and NON-DBE)- PART 1 The bidder shall list all subcontractors (both DBE and non-DBE) in accordance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. Photocopy this form for additional firms. Firm Name/ Address/ City, State, ZIP Phone/ Fax Certified by Caltrans as a DBE? Annual Gross Receipts Description of Portion of Work to be Performed Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 22 Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 23 BIDDER’S LIST OF SUBCONTRACTORS (DBE and NON-DBE)- PART II The bidder shall list all subcontractors (both DBE and non-DBE) who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Firm Name/ Address/ City, State, ZIP Phone/ Fax Certified by Caltrans as a DBE? Annual Gross Receipts Description of Portion of Work to be Performed Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million Name Phone YES < $1 million NO < $5 million Address If YES list DBE #: < $10 million Fax < $15 million City State ZIP License Number Age of Firm (Yrs.) > $15 million CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 24 DBE BIDDERS LIST All bidders/proposers are requested to provide the following information for all DBE and non-DBE contractors or consultants who provided a proposal, bid, quote, or were contacted by the proposal prime. This information is also requested from the proposed prime contractor/consultant and should be submitted with their bid/proposal. The City will use this information to maintain and update a “Bidders” List to assist in the overall annual DBE goal-setting process. This form can be duplicated if necessary to report all bidders (DBEs and non-DBEs) information. Firm Name: Phone: Address: Fax: Contact Person: No. of Years in business: Is the firm currently certified as a DBE under 49 CFR Part 26: YES: NO: Type of work/services/materials provided by the firm? What was your firm’s Gross Annual receipt for last year? Less than $1 Million Less than $5 Million Less than $10 Million Less than $15 Million More than $15 Million CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 25 PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____ If the answer is yes, explain the circumstances in the following space. Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappeasable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT SP- 26 Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. SP-25 NON-COLLUSION AFFIDAVIT FOR CIP PROJECT No. 11-179 HERMOSA VIEW SCHOOL SAFE ROUTE TO SCHOOL (TO BE EXECUTED BY EACH AWARDEE OF A PRINCIPAL CONTRACT) STATE OF CALIFORNIA ) ) SS. ) _________________________________________________________, being first duly sworn, deposes and says that he is ______________________________________________________ (sole owner, partner, president, secretary, etc.) of ______________________________________________________________________ The party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham: that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner directly or indirectly sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, nor to fix any overhead, profit cost element of such bid price nor of that of any other bidder nor to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true; and, further, that said bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member of agent thereof nor to any other individual except to such person or persons as have a partnership or other financial interest with said bidder in his general business. Signed: _______________________ Title: _________________________ Subscribed and sworn to before me This _______day of _____________, 20 SEAL OF NOTARY PUBLIC SP-26 10-6 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section 8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications and these special provisions. The Contractor shall begin work within 15 calendar days after the contract has been approved by the City. This work shall be diligently prosecuted to completion before the expiration of 45 WORKING DAYS beginning on the 15th calendar day after approval of the contract. The Contractor shall pay to the City the sum of $500.00 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. TP- 1 CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT TECHNICAL PROVISIONS AND BID ITEM DESCRIPTIONS The following Technical Provisions and Bid Item Descriptions supplement and amend the "Standard Specifications for Public Works Construction" and “Standard Plans for Public Works Construction” (Green Book), latest edition; California MUTCD; and the Caltrans Standard Specifications as they pertain to the work referenced herein. As a reference they have been arranged into a sequence which parallels the arrangement of the Bid Items. TP- 2 TECHNICAL PROVISIONS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT TABLE OF CONTENTS Page No. Section 1 Bid Items ............................................................................................ 4 Section 1-1 Bid Item 1. MOBILIZATION .................................................................... 4 Section 1-2 Bid Item 2. TRAFFIC CONTROL ........................................................... 4 Section 1-3 Bid Item 3. REMOVE AND RECONSTRUCT CONRETE DRIVEWAY ........................................................................................... 4 Section 1-4 Bid Item 4. REMOVE AND RECONSTRUCT 4” CONCRETE SIDEWALK ........................................................................................... 5 Section 1-5 Bid Item 5. REMOVE AND REPLACE CURB AND GUTTER OVER 6” CMB WITH SLOT PATCH ............................................................. 5 Section 1-6 Bid Item 6. REMOVE AND RECONSTRUCT CURB RAMP WITH TRUNCATED DOME SURFACE PER PLAN ................................ 5 Section 1-7 Bid Item 7. CONSTRUCT CURB RAMP WITH TRUNCATED DOME SURFACE PER PLAN .......................................................... 6 Section 1-8 Bid Item 8. CONSTRUCT 6” CMU WALL PER APWA STD. PLAN NO. 6-8-3, TYPE A .............................................................................. 7 Section 1-9 Bid Item 9. CONSTRUCT CONCRETE WHEEL STOP PER PLAN 7 Section 1-10 Bid Item 10. CONSTRUCT 6” PCC CURB .......................................... 8 Section 1-11 Bid Item 11. STRIPING PER PLAN ...................................................... 8 Section 1-12 Bid Item 12. SCHOOL SIGNS PER PLAN ........................................... 8 Section 1-13 Bid Item 13. REMOVE TREES .............................................................. 9 Section 1-14 Bid Item 14. REMOVE WOOD WALL ................................................... 9 Section 1-15 Bid Item 15. REMOVE BUSHES, GRASS LAWN, AND MISCELLANEOUS LANDSCAPE FEATURES .............................. 9 Section 1-16 Bid Item 16. REMOVE PAVER BLOCK ............................................... 9 Section 1-17 Bid Item 17. REMOVE BRICK WALL ................................................. 10 Section 1-18 Bid Item 18. REMOVE AC PAVEMENT ............................................. 10 Section 1-19 Bid Item 19. REMOVE CONCRETE CURB ....................................... 10 Section 1-20 Bid Item 20. REMOVE CMU WALL .................................................... 11 Section 2 Other Work (Non-payment items) ................................................. 12 Section 2-1 SAW CUT ................................................................................................ 12 Section 2-2 MATERIAL TESTING ............................................................................ 12 Section 2-3 AS-BUILT DRAWINGS ......................................................................... 12 Section 2-4 WARRANTY ............................................................................................ 12 Section 2-5 CERTIFICATION .................................................................................... 12 Section 2-6 SUBGRADE PREPARATION .............................................................. 12 Section 2-7 CRUSHED MISCELLANEOUS BASE ................................................ 12 Section 2-8 HARDSCAPE, LANDSCAPE, AND IRRIGATION RESTORATION .............................................................................................................. 13 Section 2-9 WASTE MANAGEMENT PLAN ........................................................... 13 Section 2-10 SUBMITTALS ......................................................................................... 14 TP- 3 Section 2-11 ROOT PRUNING ................................................................................... 15 Section 2-12 EXCAVATION AND DISPOSAL .......................................................... 15 Section 2-13 NOTIFICATION ...................................................................................... 16 TP- 4 TECHNICAL PROVISIONS CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT Section 1 Bid Items Section 1-1 Bid Item 1. MOBILIZATION Reference SSPWC Section 9-3.4 Add the following paragraph to Section 9-3.4 of the Standard Specifications: The contract bid item for Mobilization shall include all labor, work and materials necessary to mobilize and demobilize forces, equipment, and materials; obtain bonding, insurance, permits, licenses; and other work as necessary to prepare for constructing the work. Mobilization costs shall not exceed 5% of the total bid amount. Mobilization shall be per Lump Sum Section 1-2 Bid Item 2. TRAFFIC CONTROL Reference SSPWC Section 7-10 The Contractor shall conform to City requirements and with the California Manual of Uniform Traffic Control Devices (MUTCD). The Contractor shall be solely responsible for developing and providing all traffic control and safety considerations for vehicles, pedestrians, bicyclists, and any other users transiting the work area. Traffic Control shall be sufficient to provide such protection, and shall be to the satisfaction of the Engineer. For all work within Caltrans right-of-way follow Caltrans Standard Plan T10, and Caltrans Encroachment permit guidelines. Traffic Control shall be per Lump Sum Section 1-3 Bid Item 3. REMOVE AND RECONSTRUCT CONRETE DRIVEWAY Reference SSPWC Section 303-5 The contract bid item for Remove and Reconstruct Concrete Driveway shall include the removal of concrete driveways, all labor, work and materials necessary to reconstruct driveway per City of Hermosa Beach STD Plan No. 102 & 103. Payment for Remove and Reconstruct Concrete Driveways shall be per Each driveway. TP- 5 Section 1-4 Bid Item 4. REMOVE AND RECONSTRUCT 4” CONCRETE SIDEWALK Reference SSPWC Section 303-5 The contract bid item for Remove and Reconstruct 4” Concrete Sidewalk shall include all labor, work and materials necessary to construct sidewalk. Concrete Sidewalk shall be per City of Hermosa Beach Standard Plan No. 106, case 3, as directed to match existing conditions. The work shall include sawcut, removal and disposal of existing materials, subgrade preparation, installation of crushed miscellaneous base, formwork, concrete material, curing, protection, testing, traffic control, slot patch, adjustments to match existing improvements and all other work necessary to construct the work complete in place. Payment for Remove and Reconstruct 4” Concrete Sidewalk shall be per Square Foot of sidewalk. Section 1-5 Bid Item 5. REMOVE AND REPLACE CURB AND GUTTER OVER 6” CMB WITH SLOT PATCH Reference SSPWC Section 301-2 & 303 The contract bid item for Remove and Replace Curb & Gutter Over 6” CMB with Slot Patch shall include all labor, work and materials necessary to construct curb & gutter. Curb & Gutter shall be per City of Hermosa Beach Standard Plan No. 101, as directed to match existing conditions. The work shall include sawcut, removal and disposal of existing materials, subgrade preparation, installation of crushed miscellaneous base, formwork, concrete material, curing, protection, testing, traffic control, adjustments to match existing improvements and all other work necessary to construct the work complete in place. Portland Cement Concrete for this work shall be 3250 psi minimum compressive strength. AC Slot Patch shall be III-C3-PG 64-10 Payment for Remove and Replace Curb & Gutter over 6” CMB with Slot Patch shall be per Linear Foot of curb & gutter. Section 1-6 Bid Item 6. REMOVE AND RECONSTRUCT CURB RAMP WITH TRUNCATED DOME SURFACE PER PLAN The contract bid item for Remove and Reconstruct Curb Access Ramp With Truncated Dome Surface Per Plan shall include all labor, work and materials necessary to Reconstruct Curb Access Ramp With Truncated Domes complete in place. Ramps shall TP- 6 be constructed to Greenbook standard plan 111-4 Case B and Case D with retaining curb, modified and per City of Hermosa Beach Standard Plan No. 114 as necessary to match field conditions, and shall meet all ADA requirements. Ramps adjacent to Pacific Coast Highway shall be per Caltrans standard plan A88A Case C, Modified. Related curb & gutter, spandrel, and full slot patching shall be paid for under other items. CMB shall be ¾” max. grade per Greenbook requirements. The work shall include sawcut, removal and disposal of existing materials, subgrade preparation, installation of crushed aggregate base, formwork, concrete material, curing, protection, testing, traffic control, adjustments to match existing improvements and all other work necessary to construct the work complete in place. New sidewalk shall match existing sidewalk finish and pattern as directed. AC Slot Patch shall be III-C3-PG 64-10 Curb access ramps and sidewalks shall meet all ADA requirements, and shall not create impediments to access. Curb access ramp features shall include: border grooves to signify change in grade ramps not exceeding 1:12 slope side ramps not exceeding 1:10 slope turning pads of 4’x4’ minimum area and 2% cross slope maximum cross slopes 2% maximum bottom of ramps to be flush to gutters integral retaining curbs as necessary to match to existing landscape grades or as shown on plans 3’x4’ truncated dome surfaces at the bottom of the ramp adjacent to the street Limits of construction shall be verified, measured and marked in the field by the Engineer prior to removing existing improvements. Curb Access Ramps shall be measured from the start of the border grooves signifying change in grade. Contractor shall verify color of truncated dome surfaces with the City prior to procurement. Payment for Remove and Reconstruct Curb Access Ramp with Truncated Dome Surface shall be per Each. Section 1-7 Bid Item 7. CONSTRUCT CURB RAMP WITH TRUNCATED DOME SURFACE PER PLAN The contract bid item for Curb Ramp With Truncated Dome Surface Per Plan shall include all labor, work and materials necessary to construct Curb Access Ramp With Truncated Domes complete in place. Ramps shall be constructed to Greenbook standard plan 111-4 Case D with retaining curb, modified. CMB shall be ¾” max. grade per Greenbook requirements. Ramps adjacent to Pacific Coast Highway shall be per TP- 7 Caltrans standard plan A88A Case C, Modified. Related curb & gutter, spandrel, and full slot patching shall be paid for under other items. CMB shall be ¾” max. grade per Greenbook requirements. The work shall include sawcut, removal and disposal of existing materials, subgrade preparation, installation of crushed aggregate base, formwork, concrete material, curing, protection, testing, traffic control, adjustments to match existing improvements and all other work necessary to construct the work complete in place. New sidewalk shall match existing sidewalk finish and pattern as directed. AC Slot Patch shall be III-C3-PG 64-10 Curb access ramps and sidewalks shall meet all ADA requirements, and shall not create impediments to access. Curb access ramp features shall include: border grooves to signify change in grade ramps not exceeding 1:12 slope side ramps not exceeding 1:10 slope turning pads of 4’x4’ minimum area and 2% cross slope maximum cross slopes 2% maximum bottom of ramps to be flush to gutters integral retaining curbs as necessary to match to existing landscape grades or as shown in plans 3’x4’ truncated dome surfaces at the bottom of the ramp adjacent to the street Limits of construction shall be verified, measured and marked in the field by the Engineer prior to removing existing improvements. Curb Access Ramps shall be measured from the start of the border grooves signifying change in grade. Contractor shall verify color of truncated dome surfaces with the City prior to procurement. Payment for Curb Access Ramp shall be per Each. Section 1-8 Bid Item 8. CONSTRUCT 6” CMU WALL PER APWA STD. PLAN NO. 6-8-3, TYPE A The contract bid item for Construct 6” CMU Wall Per APWA Std. Plan No. 6-8-3, Type A shall include all labor, work and materials necessary to complete in place. Payment for 6” CMU wall shall be per Linear Foot. Section 1-9 Bid Item 9. CONSTRUCT CONCRETE WHEEL STOP PER PLAN The contract bid item for Construct Concrete Wheel Stop Per Plan shall include all labor, work and materials necessary to complete in place. TP- 8 Payment for Concrete Wheel Stop shall be per Each Section 1-10 Bid Item 10. CONSTRUCT 6” PCC CURB Reference SSPWC Section 301-2 & 303 The contract bid item for Construct 6” PCC Curb shall include all labor, work and materials necessary to construct curb. Curb shall be per City of Hermosa Beach Standard Plan No. 100, Type B as directed to match existing conditions. The work shall include sawcut, removal and disposal of existing materials, subgrade preparation, slot patch, installation of crushed miscellaneous base, formwork, concrete material, curing, protection, testing, traffic control, adjustments to match existing improvements and all other work necessary to construct the work complete in place. Portland Cement Concrete for this work shall be 3250 psi minimum compressive strength. Payment for Construct 6” PCC Curb shall be per Linear Foot of Curb. Section 1-11 Bid Item 11. STRIPING PER PLAN Reference MUTCD 2012 or Current Edition Reference Caltrans Std. Specifications for all stripping within Caltrans right-of- way. The contract bid item for Striping Per Plan shall include all labor, work and materials necessary to install painted traffic striping and markings. The work shall include surface preparation, layout, material placement, curing, protection, testing, traffic control and all other work necessary to install the work complete in place. Payment for Striping Per Plan shall be per Lump Sum. Section 1-12 Bid Item 12. SCHOOL SIGNS PER PLAN Reference MUTCD 2012 or Current Edition The contract bid item for School Signs Per Plan shall include all labor, work and materials necessary to install painted traffic striping and markings. The work shall include surface preparation, layout, material placement, curing, protection, testing, traffic control and all other work necessary to install the work complete in place. Payment for School Signs Per Plan shall be per Each. TP- 9 Section 1-13 Bid Item 13. REMOVE TREES Reference SSPWC Section 300-1 Add to Section 300-1 The contract bid item for Remove Trees shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, root grinding, stump removal, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. Payment for Remove Trees shall be per Each. Section 1-14 Bid Item 14. REMOVE WOOD WALL Reference SSPWC Section 300-1 Add to Section 300-1 The contract bid item for Remove Wood Wall shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. Payment for Remove Wood Wall shall be per Linear Foot. Section 1-15 Bid Item 15. REMOVE BUSHES, GRASS LAWN, AND MISCELLANEOUS LANDSCAPE FEATURES Reference SSPWC Section 300-1 Add to Section 300-1 The contract bid item for Remove Bushes, Grass Lawn, Miscellaneous Landscape Features shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. Payment for Remove Bushes, Grass Lawn, and Miscellaneous Landscape Features shall be per Lump Sum. Section 1-16 Bid Item 16. REMOVE PAVER BLOCK Reference SSPWC Section 300-1 TP- 10 Add to Section 300-1 The contract bid item for Remove Paver Block shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. Payment for Remove Paver Block shall be per Square Foot. Section 1-17 Bid Item 17. REMOVE BRICK WALL Reference SSPWC Section 300-1 Add to Section 300-1 The contract bid item for Remove Brick Wall shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. Payment for Remove Brick Wall shall be per Linear Foot. Section 1-18 Bid Item 18. REMOVE AC PAVEMENT Reference SSPWC Section 300-1 Add to Section 300-1 The contract bid item for Remove AC Pavement shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. Payment for Remove AC Pavement shall be per Square Foot. Section 1-19 Bid Item 19. REMOVE CONCRETE CURB Reference SSPWC Section 300-1 Add to Section 300-1 The contract bid item for Remove Concrete Curb shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. TP- 11 Payment for Remove Concrete Curb shall be per Linear Foot. Section 1-20 Bid Item 20. REMOVE CMU WALL Reference SSPWC Section 300-1 Add to Section 300-1 The contract bid item for Remove CMU Wall shall include full compensation for furnishing all labor, materials, tools, equipment, traffic control, and incidentals required to accomplish the work as specified herein, and no additional compensation will be allowed therefore. Payment for Remove CMU Wall shall be per Linear Foot. TP- 12 Section 2 Other Work (Non-payment items) Section 2-1 SAW CUT No separate payment shall be made for saw cutting. Saw Cutting be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-2 MATERIAL TESTING No separate payment shall be made for material testing. Material testing will be considered as included in payments for other bid items, and no separate payment will be made therefore. Testing shall be in accordance with the Caltrans Construction Manual Chapter 6 Sampling and Testing. Section 2-3 AS-BUILT DRAWINGS No separate payment shall be made for maintaining and delivering as-built drawings. As-built drawings will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-4 WARRANTY No separate payment shall be made for providing a warranty on constructed work. All warranties will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-5 CERTIFICATION No separate payment shall be made for providing a certification on constructed work. All certifications will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-6 SUBGRADE PREPARATION No separate payment shall be made for subgrade preparation. All subgrade preparation will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-7 CRUSHED MISCELLANEOUS BASE No separate payment shall be made for crushed miscellaneous base (CMB). CMB shall be fine grade (3/4”-). CMB shall be compacted to 95% relative compaction per Greenbook requirements. All CMB will be considered as included in payments for other bid items, and no separate payment will be made therefore. TP- 13 Section 2-8 HARDSCAPE, LANDSCAPE, AND IRRIGATION RESTORATION Reference SSPWC 7-9 Add to Standard Specification Section 7-9: No separate payment shall be made for Hardscape, Landscape, and Irrigation Restoration. Hardscape, Landscape, and Irrigation Restoration shall include all labor, work and materials necessary to restore existing hardscape, landscaping, and irrigation systems complete in place to pre-construction conditions. Contractor is responsible to submit photo and video documentation of pre-construction conditions prior to start of construction. No separate payment shall be made for Hardscape, Landscape, and Irrigation Restoration. All Hardscape, Landscape, and Irrigation Restoration will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-9 WASTE MANAGEMENT PLAN No separate payment shall be made for a Waste Management Plan. All waste management will be considered as included in payments for other bid items, and no separate payment will be made therefore. Before the start of demolition, submit a Waste Management Plan to the Engineer for approval and it shall include the following: Indicate how the Contractor proposes to recover at least 75% of the construction wastes for reuse and recycling. Subject to bid items for removal including but not limited to cold milling. The Waste Management Plan should coordinate the recovery effort with the construction schedule. Include a list of reuse facilities, recycling facilities and processing facilities that will be receiving the recovered materials. If some of the materials will be donated or sold on-site auctions, describe the process and identify the organizations that may receive the materials. Identify materials that are not recyclable or not recovered which will be disposed of in a landfill (or other means acceptable by the State of California and local ordinance and regulations) and explain why the materials are not recovered. List the permitted landfill, or other permitted disposal facilities, that will be accepting the disposed waste materials. Indicate instances or situations where compliance with the requirements of this specification do not apply or do not appear to be possible. Identify each type of waste material to be reused or recycled and estimate the amount, by weight. TP- 14 Provide final accounting of disposition of recovered materials upon completion of project for final payment. Section 2-10 SUBMITTALS Except as provided in other bid items, no separate payment shall be made for required project submittals. Submittals shall include all materials, plans, diagrams, and drawings as called for in the specifications, and as may be required by the Engineer or law, including: Project Schedule Shop drawings Materials and Suppliers List Subcontractors List Asphalt Mix Design Property Owner's Notice Contact List Emergency Response Plan (ERP) Truncated Domes Submittals shall be approved by the Engineer prior to beginning any portion of the work which may be affected. The Contractor shall allow at least 5 working days for review and response or approval of each submittal. The following is in addition to the Special Provisions, Section 2-5.3.3, page SP-5: 1. General: A. Shop drawings and submittals shall be provided, at the Contractor’s expense, when required by the plans or specifications, or requested by the Engineer. B. Failure of the Contractor or its subcontractor to submit shop drawings and certifications to the Engineer in ample time for review shall not constitute just cause for approved time extension of the contract time. 2. Procedure: A. The Contractor shall determine and verify that all materials, field measurements, and field construction criteria comply with all requirements of the work and of the contract documents. B. The Contractor shall submit three (3) copies of a submittal accompanied with the attached submittal form, Exhibit A. C. The Contractor shall supply all information requested on the submittal form including, but not limited to, the submittal number, revision number, reference to specification section, description/contents of the submittal, and Contractor’s signature of certification. D. The Contractor shall allow a minimum of ten (5) working days for review of shop drawings and submittals. TP- 15 E. Upon completion of the review, one (1) copy will be returned to the Contractor. 3. Variation from Contract: A. It is the Contractor’s responsibility to specifically point out any variation or discrepancy between the shop drawings or manufacturer’s instructions submitted and the contract documents. The Contractor shall mention all such variations, including explanations for any such requests, within the submittal form. B. Failure by the Contractor to identify within the submittal form any variation, discrepancy, or conflict with the contract documents shall render approval null and void, and the Contractor shall bear all risk of loss and reconstruction costs or delays. C. If any additional work or modifications are required as a direct result of the approval of shop drawings or manufacturer’s instructions which deviate or do not comply with the contract documents, such additional work or modifications shall be made without extra cost to the City, and without extension to the contract time. 4. Approval: A. Neither review nor approval of shop drawings or submittals by the Engineer shall relieve the Contractor from the responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the submittal form. B. Should the Contractor proceed with work shown thereon before approval is received, the Contractor shall remove and replace or adjust any work which is not in accordance with the approved shop drawings or manufacturer’s instructions and shall be responsible for any resultant damage, defect, or added cost. Section 2-11 ROOT PRUNING The Contractor shall fully and neatly cut roots at the back of curbs and edges of sidewalks where noted and as shown on the detail drawings, and remove as necessary for construction. Root pruning shall extend to the depth as shown on the plans, and of sufficient width to trim all roots (but no less than 4’ width). Section 2-12 EXCAVATION AND DISPOSAL The Contractor shall excavate and dispose of existing pavement, base, subgrade soils, landscaping, and all other materials as necessary for construction. All limits shall be neatly sawcut. No separate payment shall be made for Excavation and Disposal. All Excavation and Disposal will be considered as included in payments for other bid items, and no separate payment will be made therefore. TP- 16 Section 2-13 NOTIFICATION The Contractor shall notify business and residents within 200 feet of the project limits of anticipated construction methods, impacts to access and parking, dates of construction, and contact phone numbers. Phone numbers shall include at least two 24 hour emergency contacts. The Contractor shall provide notification 48 hours in advance of construction, and shall renotify after any 10 consecutive day lapse in work at that location. The Contractor shall also provide general street signage with similar notices. No Parking shall be posted and maintained 48 hours in advance of the work. Notifications on the no parking signs shall be printer generated. No separate payment shall be made for Notification, and no separate payment will be made therefore. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT APPENDIX “A” PROJECT PLANS The accompanying project plans entitled CIP No. 11-179 Hermosa View Elementary Safe Route to School Project shall be incorporated into these specifications by reference. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT APPENDIX “B" NOTICE OF PUBLIC IMPROVEMENT CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT NOTICE OF PUBLIC IMPROVEMENT Date : Dear Sir or Madam: This notice is to advise you that a contract has recently been awarded for another public works improvement project, the CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT, which may affect your property. We expect work to commence on or about <<DATE>>. Because of this construction, you may be subjected to certain inconveniences such as temporary loss of street parking, temporary loss of driveway access to your property, construction noise and dust. Every effort will be made by the City and the Contractor to minimize these inconveniences and “No Parking” signs will be in place at least 48 hours in advance of the work. Your cooperation in observing all TRAFFIC CONTROLS, PARKING RESTRICTIONS AND FLAGMEN, not allowing children to play in the street or on or around the construction equipment, and in not allowing water to run onto the street from your property will be greatly appreciated and will help in expediting construction. A general description of the proposed construction and the limits of the work is as follows: Continuous sidewalks and Americans with Disabilities Act (ADA) curb access ramps on the south side of 16th Street between Pacific Coast Highway (PCH) and Prospect Avenue; Yellow crosswalks at the intersections of 16th Street and PCH, and 16th Street and Prospect Avenue; Pedestrian countdown signals at 16th Street and PCH, Pier Avenue and PCH, and 8th Street and PCH traffic signals; Conforming School zone signs on PCH between 19th Street and Pier Avenue, 16th Street between PCH and Prospect Avenue; and Installation of a stand back line in front of Hermosa View Elementary School, with physical barriers to separate students on the sidewalk from vehicles in the drop off area. The expected hours of work will be from 8 A.M. to 5 P.M., Monday through Friday. Please direct all inquiries or complaints to either the Contractor or the City Project Manager. Contractor <<CONTRACTOR NAME>> Phone ( ) or ( ) CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT City of Hermosa Beach Department of Public Works Project Manager – Mondher Saïed, P.E. Telephone 310-318-0211 We regret any inconvenience this project may cause you, but we appreciate your cooperation and thank you in advance. CITY OF HERMOSA BEACH Frank J. Senteno, P.E. Public Works Director/City Engineer CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT APPENDIX “C" CALTRANS ENCROACHMENT PERMIT The City has applied for a CALTRANS Encroachment Permit for this project. A copy of this permit is included in this Appendix. The Contractor shall obtain and pay for an Encroachment Permit Rider (Double Permit) at the State of California Department of Transportation, District 7, Office of Permits. CIP No. 11-179 HERMOSA VIEW ELEMENTARY SAFE ROUTE TO SCHOOL PROJECT APPENDIX “D" PREVAILING WAGE REQUIREMENTS Copies of the prevailing rate of per diem wages are available at the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACT CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS FAITHFUL PERFORMANCE BOND WHEREAS, the City of Hermosa Beach has awarded to , hereinafter designated as the "Principal", a Contract for: PROJECT No.: CIP No. 11-652 TITLE: HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, as Principal, and as Surety, are held and firmly bound unto the Owner in the sum of Dollars ($ ), 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 to 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 all court costs and reasonable attorneys’ fees to the City of Hermosa Beach in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the 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 therein 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 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS , 2013, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Principal By Surety By Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACT CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PAYMENT BOND WHEREAS, the City of Hermosa Beach has awarded to , as Contractor, a contract for the work described as follows: PROJECT No.: CIP No. 11-652 TITLE: HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law; NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the Owner in the sum of for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2013. CONTRACTOR SURETY Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACT CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: 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 the Contract. DATED: CONTRACTOR By Signature Title ATTEST: By Signature Title CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description:_________________________________________ ____________________________________________________________________________________ Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Name____________________________________ Name_____________________________________ By:______________________________________ By:_______________________________________ Its Its -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. 2013-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; The City Council of the City of Hermosa Beach does resolve as follows: The City Council finds and declares as follows: The City retained John M. Cruikshank Consultants, Inc. (“Consultant”) as the engineer to design and prepare the plans for CIP No. 11-652 Hermosa Beach Municipal Pier Structural Repairs Project (“Project”); The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; and The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. Design Immunity; Authorization. The design and plans for the Project are determined to be consistent with the City’s standards and are approved; The design approval set forth in this Resolution occurred before actual work on the Project construction commenced; The approval granted by this Resolution conforms with the City’s General Plan; The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Project Payment Account; For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project (“Project Payment Account”). The Project payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. The City Clerk is directed to certify the adoption of this Resolution. This Resolution will become effective immediately upon adoption. Now, therefore, be it resolved, that the City of Hermosa Beach City Council hereby adopts Resolution No. 2013- ____ on March 12, 2013. PASSED, APPROVED, AND ADOPTED this ___ day of _______, 2013. _________________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ __________________________ City Clerk City Attorney I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 2013-XX was duly and regularly passed and adopted by the City Council of the City of Hermosa Beach, California, at its adjourned regular meeting held on the 12th day of March, 2013, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CITY OF HERMOSA BEACH CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS FEBRUARY 2013 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS SPECIFICATIONS FOR CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS Proposals will be received on behalf of The City of Hermosa Beach, at the office of the City Clerk, City Hall, 1315 Valley Dr., Hermosa Beach, California, until 2:00 PM on TUESDAY March 5, 2013. CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS TABLE OF CONTENTS Page No. COVER SHEET TITLE SHEET LOCATION MAP TABLE OF CONTENTS ........................................................................................... i NOTICE INVITING BIDS ......................................................................................... 1 INSTRUCTIONS TO BIDDERS ............................................................................... 3 PROPOSAL DOCUMENTS ..................................................................................... 6 Bidding Schedule .................................................................................... 7 Bidder's Declaration ................................................................................ 10 Non-collusion Affidavit ........................................................................ … 12 Declaration of Eligibility to Contract ........................................................ 13 Bid Bond ................................................................................................. 14 Designation of Subcontractors ................................................................ 15 Construction Project Reference .............................................................. 16 Bidder's Assurance ................................................................................. 17 Certificate of Non-Discrimination by Contractors .................................... 18 FAIR EMPLOYMENT PRACTICES DOCUMENTS .................................................. 20 CONTRACT DOCUMENTS ..................................................................................... 26 Agreement .............................................................................................. 27 Faithful Performance Bond ..................................................................... 35 Payment Bond ........................................................................................ 37 Workers' Compensation Insurance Certificate ........................................ 39 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution ................................................................. 40 Exhibits A through E SPECIAL PROVISIONS Table of Contents ................................................................................... SP(i) – SP(iii) Section 1 – Section10 ............................................................................. SP-1 – SP-20 TECHNICAL PROVISIONS ..................................................................................... TP-1 – TP-8 APPENDIX “A" PROJECT PLANS APPENDIX “B" NOTICE OF PUBLIC IMPROVEMENT APPENDIX “C" COASTAL DEVELOPMENT PERMIT APPENDIX “D" WATER QUALITY CERTIFICATION i 1 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS City of Hermosa Beach NOTICE INVITING BIDS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS Notice is hereby given that the City of Hermosa Beach will receive sealed bids at the Office of the City Clerk, City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254, until 2:00 P.M. on Tuesday, March 5, 2013, for CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS ENGINEER’S ESTIMATE: $127,000 The City of Hermosa Beach is proposing to perform structural repairs to the Hermosa Beach Municipal Pier. This project consists of repairing six spalled concrete piles by in-water hydro- blast cleaning, installation of new fiberglass jackets or steel casings and injection of underwater grout. The repairs will include also the replacement of one concrete deck panel. Because the Coastal Development Permit requires that all work be completed before Memorial weekend so as not to impinge on recreational use, construction has to be completed before May 24, 2013. All bids must be submitted in writing, on standard forms available in the Public Works Department, at the above address. All bids must be sealed and must be plainly marked in the lower left-hand corner “CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS”. It shall be the bidder’s responsibility to inquire for any addendums/updates to this Notice Inviting Bid prior to submitting their bid. Each proposal must be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Hermosa Beach, in an amount not less than 10 percent of the total bid submitted. The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at http://www.dir.ca.gov/dlse/dlsePublicWorks.html. The contractor shall possess a valid State of California Contractors License Class A. The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsible bidder. Plans and Specifications will be available for review at City Hall. Details may be found on the City’s website at http://www.hermosabch.org/index.aspx?page=82. All questions regarding this bid must be submitted in writing on or before 3:00 PM on Wednesday, February 27, 2013, to Mr. Mondher Saïed, Project Manager, via facsimile (310) 937-5015 or by email: msaied@hermosabch.org. A mandatory pre-bid meeting is scheduled for 10:00 AM on Monday, February 25, 2013 at Hermosa Beach City Hall, 1315 Valley Drive, Hermosa Beach, California. 2 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS Plans and Specifications may be picked up at the Office of the Director of Public Works/City Engineer beginning Tuesday, February 19, 2013, by paying a non-refundable fee of $25.00 per set. Plans and specifications can be mailed directly to the contractor if a Federal Express or preferred carrier account number is provided. City Hall is open M-Th 7:00 a.m. to 6:00 p.m. Elaine Doerfling City Clerk Run legal: February 14th, February 28th, 3 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS INSTRUCTIONS TO BIDDERS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS FORM OF PROPOSAL The Proposal shall be fully executed and submitted on the forms provided by the City and shall be enclosed in a sealed envelope marked and addressed as directed in the Notice Inviting Bids. Proposal forms will be issued in each bound copy of the Contract Documents. PROPOSAL DOCUMENTS All Proposals shall include the following executed documents to be submitted with each bid: Bidding Schedule Bidder's Declaration Non-Collusion Affidavit Bid Bond Designation of Subcontractors Construction Project Reference Bidder's Assurance Certificate of Non-Discrimination by Contractors DELIVERY OF PROPOSAL The Proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that its Proposal is received as stipulated. Any Proposal received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened. WITHDRAWAL OF PROPOSAL The Proposal may be withdrawn by the bidder by means of a written request, signed by the bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the scheduled closing time for receipt of proposals. No Proposal may be withdrawn after the hour fixed for opening bids. MODIFICATIONS AND ALTERNATIVE PROPOSALS Unauthorized conditions, limitations, or provisions attached to the Proposal will render it informal and may cause its rejection. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. Oral, telegraphic, or telephonic proposals or modifications will not be considered. 4 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS DISCREPANCIES IN PROPOSALS In the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so will render the Proposal informal and may cause its rejection. The bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract. The total amount of each item bid and the total amount of the bid shall be stated in figures. If the unit price and the total amount named by a bidder for any items are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto. PROPOSAL GUARANTEE Each bidder shall submit with his Proposal cash, an unconditional certified or cashier's check, or a bidder's bond, in the sum of the percentage of the bid stated in the Notice Inviting Bids, payable to the City as a guarantee that the bidder will, if its Proposal is accepted, execute the Contract and furnish a satisfactory Faithful Performance Bond, a satisfactory Payment Bond and insurance certificates as specified herein. If a bidder to whom an award is made, fails or refuses to sign the Contract or furnish the required bonds and certificates, all within the time stated in Section 2-1.5 of the Special Provisions bound herein, the funds represented by said check or bidder's bond shall be forfeited and become and remain the property of the City; the amount thereof being agreed to by the bidder and the surety as liquidated damages due the City because of the delay in the execution of the Contract and in the performance of work thereunder, resulting from such failure or refusal, except that if the City awards the contract to the next lowest bidder, only that portion of the bidder's security equal to the difference between the two bids will be forfeited. A Bid Bond must be obtained from a corporate surety authorized to do business as such in the State of California and should be on the form furnished by the City or one substantially in conformance with it. Certified or cashier's checks must be drawn on a solvent state or national bank or branch thereof in the State of California. The liability of the City in connection with the checks shall be limited to the return of the checks as provided in Section 2-1.6 of the Special Provisions bound herein. DISQUALIFICATION OF BIDDERS A person, firm, or corporation shall NOT be allowed to make or file, or to be interested in, more than one bid, except an alternative bid when specifically requested; provided, however, a person, firm, or corporation who has submitted a sub-proposal to a bidder submitting a Proposal, or who has quoted prices on materials to such bidders, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals, or from submitting a Proposal as a prime contractor. 5 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS ADDITIONAL REQUIREMENTS The bidder's attention is directed to the Special Provisions and Technical Provisions bound herein for additional requirements of the Proposal and Contract Documents. FAIR EMPLOYMENT PRACTICES DOCUMENTS Fair Employment Practices Documents are to be submitted by the low bidder within three days following the opening of bids. See enclosed instructions and documents on page 19. CONTRACT DOCUMENTS Contract Documents are to be submitted within twenty-one (21) calendar days AFTER award of contract. See enclosed documents commencing on page 26. BIDDER QUALIFICATIONS Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the CONSTRUCTION PROJECT REFERENCE form provided herein. Each bidder shall posses a valid Contractor's License issued by the Contractor's State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years experience in the magnitude and character of the work bid. Bidder Qualifications called for to be submitted at the time of bid include, but are not necessarily limited to: 1. The Contractor shall have been in business under the same name and California Contractor’s License for a minimum of 5 continuous years prior to the bid opening date for this project. The license used to satisfy this requirement shall be of the same type as required by the contract. 2. The Contractor’s license classifications shall be “A”. 3. The Contractor shall provide a minimum of 3 references for similar projects which have been successfully completed in the State of California during the past 5 years. 4. The Contractor shall have a minimum of 10 years experience in pier structural repair projects of a similar nature. 5. The Contractor shall perform above 50% of the contract with its own forces. 6 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL DOCUMENTS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS To Be Submitted WITH Bid Package 7 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACTOR: PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS BIDDING SCHEDULE TO: CITY OF HERMOSA BEACH HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY HALL HERMOSA BEACH, CALIFORNIA 90254 Ladies and Gentlemen: The undersigned declares that he has carefully examined the location of the proposed work and that he has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for: CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS in accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions and Technical Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction (current edition), and the requirements of the Engineer under said documents, for the prices shown herein. All work shall be completed within 30 working days from the date the notice to proceed is issued by the Engineer. Because the Coastal Development Permit requires that all work be completed before Memorial weekend so as not to impinge on recreational use, construction has to be completed before May 24, 2013. 8 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACTOR: ITEM EST. UNIT PRICE ITEM TOTAL NO. DESCRIPTION QTY UNIT IN FIGURES 1 MOBILIZATION (Not to Exceed 10% of Bid) 1 LS 2 TRAFFIC CONTROL 1 LS 3 REMOVE OLD CONCRETE DECK PANEL & DISPOSE 160 SF 4 CONSTRUCT NEW CONCRETE DECK PANEL 160 SF 5 REPAIR PILE 16:A WITH STEEL CASING 19 LF 6 REPAIR PILE 25:E WITH FIBERGLASS JACKET 9 LF 7 REPAIR PILE 18:E WITH FIBERGLASS JACKET 11 LF 8 REPAIR PILE 14:E WITH FIBERGLASS JACKET 11 LF 9 REPAIR PILE 31:B WITH FIBERGLASS JACKET 6 LF 10 REPAIR PILE 14:A WITH FIBERGLASS JACKET 10 LF 9 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACTOR: Total Bid: (Figures) (Words) In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of _______________________________________________________________Dollars, said amount being not less than 10 percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided. 10 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS BIDDER'S DECLARATION It is understood and agreed that: 1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions. 2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof. 3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal. 4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned. The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents. The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified, and will complete said work within the time specified in the Bidding Schedule. 5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder. 6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the bidder 11 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in accordance with the provisions of the Public Contracts Code Sec. 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided. 7. This bid will not be withdrawn within a period of thirty (30) days after the date of its proper opening by the City. 8. The undersigned bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete. Respectfully submitted, _______________________________ __________________________________ Contractor's Business Name Contractor Sign Title ________________________________ __________________________________ Business Address: Street By Title ________________________________ __________________________________ City State Zip Contractor's License No. and Classification ________________________________ __________________________________ Business Phone Number Date ________________________________ __________________________________ Name Title Residence: Street ________________________________ __________________________________ City State Zip Residence Phone Number Note: If the bid is made by an individual, it must be signed with the full name of the bidder, whose address must be given: if it is made by a firm, it must be signed in the co-partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed. 12 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS NON-COLLUSION AFFIDAVIT (To be executed by Bidder and submitted with Bid) State of California County of Los Angeles being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 that anyone shall refrain from bidding; that 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 that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay fee to any corporation, or agent thereof to effectuate a collusive or sham bid. NAME OF BIDDER SIGNATURE OF BIDDER ADDRESS OF BIDDER CITY STATE ZIP ALL SIGNATURES MUST BE WITNESSED BY NOTARY (attach appropriate jurats) 13 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that: 1. The undersigned contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states: “(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.” 4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ___________ day of _____________________, at ___________________ (place of execution), California. ___________________________________ Signature Name: _____________________________ Title: ______________________________ Name of Company: ___________________ 14 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT , as Principal, and , as Surety, are held firmly bound unto the City of Hermosa Beach in the sum of $ DOLLARS, (not less than ten percent of total amount of bid) 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. WHEREAS, said Principal has submitted a bid to the City to perform all work required under the following: PROJECT No.: CIP No. 11-652 TITLE: HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS NOW, THEREFORE, if said Principal is awarded a Contract by the City and, within the time and in the manner required in the Specifications for said project, enters into the written form of Contract bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the City and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys’ fee to be fixed by the court. Surety hereby waives the provisions of California Civil Code §2845. SIGNED AND SEALED, this day of , (SEAL) (SEAL) Principal Surety BY: BY: Signature Signature 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. 15 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS DESIGNATION OF SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed. If the contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner. The bidder shall also designate in the space provided indicating whether or not the subcontractor qualifies as a Woman Owned Business Enterprise, "WBE”, or a Minority Business Enterprise, "MBE”. WBE Portion State or of Subcontractor's Type of License MBE Work % Name and Address Work Number Class ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ ____ _____ ___________________________ _______ ______ ______ The total amount of work subcontracted shall not exceed more than 49% of the contract amount. 16 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONSTRUCTION PROJECT REFERENCE To be responsive, the bidder must list below the minimum requirements as described in the section entitled BIDDER QUALIFICATIONS on page 3 of these specifications. Attach additional sheets as needed. . Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted Project Title Contract Amount Type of Work Client Agency Project Manager Phone Date Completed % subcontracted NOTE: If requested by the City, the bidder shall furnish a certified financial statement, references, and other information sufficiently comprehensive to permit an appraisal of his current financial condition. Bidder's Signature 17 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS BIDDER'S ASSURANCE FROM: Name of Bidder: Business Address: Telephone No: ( ) TO: Members of the City Council c/o City Hall City of Hermosa Beach, California Members of the City Council: Pursuant to your published Notice Inviting Bids for: PROJECT No.: CIP No. 11-652 TITLE: HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS The undersigned declares that he has carefully examined the location of the proposed work; that he has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders; and hereby proposes to furnish all materials, machinery, tools, labor, and services, and do all the work necessary to complete the project in accordance with said Plans and Specifications, and other Contract Documents, at the item prices on the bidding schedule. BY: TITLE: 18 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PROPOSAL CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment. We agree specifically: 1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company: 19 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS FAIR EMPLOYMENT PRACTICES DOCUMENTS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS To Be Submitted By The Low Bidder WITHIN THREE WORKING DAYS FOLLOWING OPENING OF BIDS 20 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS FAIR EMPLOYMENT PRACTICES CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS INSTRUCTIONS The Fair Employment Practices in Contracts, as adopted by City, requires that the City not do business with any firm that discriminates against any employee or applicant for employment because of race, color, religion, sex, or national origin. Accordingly, every contract or subcontract of the City in excess of $10,000 for public works, or for goods and services, must be accompanied by a Certificate of Non- Discrimination, obligating the contractor or subcontractor to observe the requirements specified therein. In addition to the Certificate of Non-Discrimination, the Fair Employment Practices in Contracts also requires that the lowest responsible bidder undertake an affirmative course of action to promote equal employment opportunities and to ensure that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Completion of the attached compliance report will satisfy this requirement. The apparent successful low bidder and each of its subcontractors must submit one copy of the compliance report to the Director of Public Works/City Engineer, Hermosa Beach City Hall, 1315 Valley Dr., Hermosa Beach, California, 90254, within three days after the opening of bids. 21 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS FAIR EMPLOYMENT PRACTICES CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACTOR COMPLIANCE REPORT This report must be completed by prime contractor and each subcontractor. Complete all items unless otherwise instructed. Use additional sheets if necessary. Submit one copy of the completed report to Owner: c/o Department of Public Works Hermosa Beach City Hall 1315 Valley Dr. Hermosa Beach, CA 90254 PART I. FIRM DESCRIPTION 1. Circle one: Prime Contractor Subcontractor 2. Name of Firm: 3 Address: 4. Name and address of principal official or manager: 5. Name and address of home office, if different from above: 6. Person completing this form: Signature: Name and Title: Business Telephone: 22 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PART II: POLICIES AND PRACTICES (Circle proper answer) 1. Yes No Have you informed company officials and representatives regarding the non-discrimination provisions of the Owner's contracts? 2. Yes No Do your solicitations or advertisements for employment specify that you are an equal opportunity employer? 3. Yes No Do you have educational or training programs sponsored or financed for the benefit of employees or prospective employees? If so, please enumerate: W = White B = Black H = Hispanic A = Asian AI = American Indian M = Male F = Female 4. Yes No Are any apprentices obtained from sources outside the employer's work force? If yes, have you circulated information about apprenticeship openings or opportunities to the following: Yes No State Employment Offices Yes No Newspapers or other media Yes No High schools, including those in minority group areas Yes No Local trade or vocational schools Yes No Agencies and organizations specializing in minority employment If there are any apprenticeship programs, please list, along with ethnic breakdown: 5. Yes No If you are a prime contractor, have all subcontractors covered by these compliance inspection reports been instructed as to their JOB CATEGORY TRAINING PROGRAM W B H A AI M F TOTAL JOB CATEGORY TRAINING PROGRAM W B H A AI M F TOTAL 23 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS contractual obligations relating to the non-discrimination provisions of the Owner's contracts? 6. Identify (names and addresses) the employment agencies, personnel recruitment organizations, newspaper advertising, or other non-union sources from which the company recruits its personnel. NAME ADDRESS 7. Yes No Have you a collective bargaining agreement with a labor union or other organization? If yes, specify the union or organization. 8. Yes No Does your company's collective bargaining agreement or other contract or understanding with a labor union or other working organization include a provision for non-discrimination in employment? 9. Remarks: Use this space for comment on any answers you have supplied. 24 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PART IIIA: EMPLOYMENT FIGURES (1) Name of Firm: Project Name: Date Form Submitted: Person Submitting Form: Check One: Submit separate forms for company makeup (page 24), and for specific project makeup (page 25) ( X ) Permanent makeup of company ( ) Estimated makeup of employees on this specific project only MINORITY GROUPS* JOB CATEGORIES TOTAL EMPLOYED WHITE BLACK HISPANIC ASIAN AMERICAN INDIAN M F OFFICERS & OFFICIALS PROFESSIONAL (2) CLERICAL & OFFICE FIELD SUPERVISOR SKILLED/SPECIFY TRADE A B C D SEMI-SKILLED (3) UNSKILLED (4) TOTAL ITEMS 1-7 (1) This report must be completed by prime contractor and each subcontractor. (2) Occupations requiring college education or equivalent experience: e.g., accountants, architects, scientists, teachers, etc. (3) Workers who operate equipment or perform factor-type duties of intermediate skill level: e.g., auto attendants, laundry operators, truck drivers, etc. (4) Works in manual occupations: e.g., laborers performing lifting, digging, mixing or loading operations, etc. *An employee may be included in the minority group in which he/she appears to belong, or is regarded in the community as belonging. Eliciting information as to the racial or ethnic identify of an employee by direct inquiry is not encouraged. 25 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PART IIIB: EMPLOYMENT FIGURES (1) Name of Firm: Project Name: Date Form Submitted: Person Submitting Form: Check One: Submit separate forms for company makeup (page 24), and for specific project makeup (page 25) ( ) Permanent makeup of company ( X ) Estimated makeup of employees on this specific project only MINORITY GROUPS* JOB CATEGORIES TOTAL EMPLOYED WHITE BLACK HISPANIC ASIAN AMERICAN INDIAN M F OFFICERS & OFFICIALS PROFESSIONAL (2) CLERICAL & OFFICE FIELD SUPERVISOR SKILLED/SPECIFY TRADE A B C D SEMI-SKILLED (3) UNSKILLED (4) TOTAL ITEMS 1-7 (1) This report must be completed by prime contractor and each subcontractor. (2) Occupations requiring college education or equivalent experience: e.g., accountants, architects, scientists, teachers, etc. (3) Workers who operate equipment or perform factor-type duties of intermediate skill level: e.g., auto attendants, laundry operators, truck drivers, etc. (4) Works in manual occupations: e.g., laborers performing lifting, digging, mixing or loading operations, etc. *An employee may be included in the minority group in which he/she appears to belong, or is regarded in the community as belonging. Eliciting information as to the racial or ethnic identify of an employee by direct inquiry is not encouraged. 26 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACT DOCUMENTS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS To be Submitted Within Twenty-One (21) Calendar Days AFTER Award of Contract 27 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between ___________________ (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for CIP No. 11-652 Hermosa Beach Municipal Pier Structural Repairs Project, bids were received, publicly opened, and declared on the date specified in the notice; and B. On_________________, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Hermosa Beach Municipal Pier Structural Repairs Project in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Hermosa Beach Municipal Pier Structural Repairs Project in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated February, 2013 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, Exhibits A through E, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 28 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 30 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprentice- ship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or 29 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs regis- tered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 8. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its 30 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 31 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, 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 worker's 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. 11. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 32 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS 14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 18. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. 33 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Mondher Saïed, P.E., Project Manager CONTRACTOR: __________________________________________ __________________________________________ Attention: __________________________________ 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code §§ 10240-10240.13. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE OR EMAIL SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission, or scanned and delivered via email. Such facsimile or email signature will be treated in all respects as having the same effect as an original signature. 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 34 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. CONTRACTOR _________________ By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________ By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date 35 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACT CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS FAITHFUL PERFORMANCE BOND WHEREAS, the City of Hermosa Beach has awarded to , hereinafter designated as the "Principal", a Contract for: PROJECT No.: CIP No. 11-652 TITLE: HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, as Principal, and as Surety, are held and firmly bound unto the Owner in the sum of Dollars ($ ), 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 to 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 all court costs and reasonable attorneys’ fees to the City of Hermosa Beach in an amount to be fixed by the court. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, well and truly keep and perform all the 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 therein 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 Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named herein, on the day of 36 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS , 2013, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Principal By Surety By Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 37 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACT CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PAYMENT BOND WHEREAS, the City of Hermosa Beach has awarded to , as Contractor, a contract for the work described as follows: PROJECT No.: CIP No. 11-652 TITLE: HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons, as provided by law; NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the Owner in the sum of for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay all court costs and reasonable attorneys’ fees to the plaintiff(s) and City in an amount to be fixed by the court. This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. 38 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 2013. CONTRACTOR SURETY Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 39 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS CONTRACT CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS WORKER'S COMPENSATION INSURANCE CERTIFICATE The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861: 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 the Contract. DATED: CONTRACTOR By Signature Title ATTEST: By Signature Title 40 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description:_________________________________________ ____________________________________________________________________________________ Indemnitor(s) (list all names): To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor” Name____________________________________ Name_____________________________________ By:______________________________________ By:_______________________________________ Its Its Page 1 of 3 EXHIBIT A INSTRUCTIONS FOR COMPLETING, EXECUTING AND SUBMITTING EVIDENCE OF INSURANCE TO THE OWNER Insured: Date: (Contractor, Lessee, Permittee, etc.) Insured A. 1. In order to reduce problems and time delays in providing evidence of insurance to the City, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance. 2. If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, then a copy of the certificate from the State authorizing self-insurance for Workers' Compensation shall meet the requirements for Workers' Compensation insurance covering activities within the State of California. 3. All questions relating to insurance should be directed to the department or office responsible for your contract, lease, permit, or other agreement. Insurance Agent or Broker B. 1. The appropriate Endorsement Form shall be used. No changes in the terms of the Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City. Page 2 of 3 EXHIBIT A 2. More than one insurance policy may be required to comply with the insurance requirements. Endorsement forms appropriate to your insured's contract, lease or permit are checked below and enclosed. ( ) Workers' Compensation/Employers Liability ( ) General Liability ( ) Automobile Liability ( ) Excess/umbrella Liability ( ) Professional Liability ( ) Property insurance ( ) Fine Arts Property Insurance 3. You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative transmit the forms to the City. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures. 4. The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form. 5. The "General description of agreement(s) and/or activity(ies) insured" shall include reference to the activity and/or to either the specific City contract number, lease number, permit number or construction approval number. 6. The coverages and limits for each type of insurance are specified in the attached sheet of insurance requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the endorsement listing such scheduled locations, vehicles, etc., so covered. 7. Endorsements to excess policies will be required when primary insurance is insufficient in complying with the City's requirements. Page 3 of 3 EXHIBIT A 8. If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached. 9. When additional sheets are attached, change the number of pages at the bottom of the form. 10. Completed Endorsement(s) and questions relating to the required insurance are to be directed to: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 11. Improperly completed Endorsements will be returned to your insured for correction by an authorized representative of the insurance company. 12. DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY DELAY YOUR INSURED'S INTENDED OCCUPANCY OR OPERATION UNDER AGREEMENT WITH THE OWNER. 13. For extensions or renewals of insurance policies which have the City's Endorsement Form(s) attached, the City will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage. Page 1 of 2 EXHIBIT B GENERAL COMPREHENSIVE LIABILITY ADDITIONAL INSURED ENDORSEMENT NAME OF ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 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. Endorsement Effective Policy No. No. Date Page 2 of 2 EXHIBIT B TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages includes: ( ) Premises & Operations ( ) Explosion Hazard ( ) Contractual Liability ( ) Collapse ( ) Independent Contractors ( ) Underground Hazard ( ) Products/Completed Operations ( ) Personal Injury ( ) Broad Form Property Damage ( ) ( ) Broad Form Liability Endorsement A deductible or self-insured retention (strike out one) of applies to coverage. DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE . INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) Page 1 of 2 EXHIBIT C AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT NAME OF ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 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. Endorsement Effective Policy No. No. Date Page 2 of 2 EXHIBIT C TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Scheduled items or locations are to be identified on an attached sheet. The following are covered by the policy: ( ) Owned Automobiles ( ) Owned, Non-owned and Hired Automobiles ( ) Non-owned Automobiles ( ) Hired Automobiles A deductible or self-insured retention (strike out one) of applies to coverage. DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE . INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) Page 1 of 2 EXHIBIT D WORKERS' COMPENSATION/EMPLOYERS LIABILITY SPECIAL CANCELLATION NOTICE ENDORSEMENT NAME AND ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: This policy shall not be subject to cancellation except after notice in writing shall have been sent not less than thirty (30) days prior to the effective date thereof by certified mail, return receipt requested, addressed to Risk Management, City of Hermosa Beach, 1315 Valley Dr., Hermosa Beach, CA 90254. The company agrees to waive all rights of subrogation against the City and its or their elected officials, officers, agents and employees. 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. Endorsement Effective Policy No. No. Date TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY Workers' Compensation Statutory Page 2 of 2 EXHIBIT D Employers Liability The following are included in the above coverages: ( ) Broad Form All States Endorsement ( ) Voluntary Compensation Endorsement ( ) ( ) INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) Page 1 of 2 EXHIBIT E EXCESS LIABILITY INSURANCE ADDITIONAL INSURED ENDORSEMENT NAME AND ADDRESS OF INSURED: General description of agreement(s) and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured. 2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City. 3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. 4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO: Risk Management City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 (310) 318-0202 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. Endorsement Effective Policy No. No. Date Page 2 of 2 EXHIBIT E TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM TO LIABILITY AMOUNT EXCESS OF Excess Liability ( ) Following Form ( ) Umbrella Liability ( ) Other Applicable underlying coverages Insurance Company Policy No. Amount The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: A deductible or self-insured retention (strike out one) of $ applies to coverages not included in underlying policies. DEDUCTIBLE APPLIES PER CLAIM , PER OCCURRENCE . INSURANCE COMPANY ADDRESS: 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 above-named insurance company to this endorsement and by my execution hereof, do so bind said company. Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20__. Phone No.: ( ) i CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS SPECIAL PROVISIONS The following Special Provisions supplement and amend the "Standard Specifications for Public Works Construction" (Green Book). As a reference they have been arranged into a sequence which parallels the arrangement of the Standard Specifications. ii SPECIAL PROVISIONS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS TABLE OF CONTENTS Page No. PART 1 – GENERAL PROVISIONS SP-1 PREFACE: STANDARDS SPECIFICATIONS AND STANDARD DRAWINGS SP-1 Section 1: Definitions SP-1 Section 2: Scope of Control of the Work SP-2 2-1 Award and Execution of Contract SP-2 2-1.1 Proposal SP-2 2-1.2 Examination of Plans, Specification SP-3 and Project Site 2-1.3 Interpretation of Drawings and Documents SP-3 2-1.4 Award of Contract SP-3 2-1.5 Execution of Contract SP-4 2-1.6 Return of Proposal and Guarantee SP-5 2-5.2 Precedence of Contract Documents SP-5 2-5.3.3 Submittals SP-5 2-9.1 Permanent Survey Markers SP-5 2-9.3 Survey Service SP-6 Section 3: Changes in Work SP-6 3-3.2.2 Basis for Establishing Costs SP-6 3-3.2.3 Markup SP-7 3-5 Disputed Work SP-7 3-5.1 Retention of Imperfect Work SP-7 Section 6: Prosecution, Progress and Acceptance of the Work SP-8 6-1 Construction Schedule and SP-8 Commencement of Work 6-7.2 Working Day SP-9 6-8 Completion and Acceptance SP-9 6-9 Liquidated Damages SP-9 iii Section 7: Responsibilities of the Contractor SP-10 7-1 Contractor’s Equipment and Facilities SP-10 7-1.1 Contractor’s Responsibility for Work SP-10 7-1.2 Notice and Service Thereof SP-10 7-1.3 Warranty of Title SP-11 7-2 Labor SP-11 7-2.2 Laws SP-11 7-3 Liability Insurance SP-12 7-5 Permits SP-13 7-6 The Contractor’s Representative SP-14 7-9 Protection and Replacement of Existing SP-14 Improvements 7-10 Public Convenience and Safety SP-14 7-10.1 Traffic and Access SP-14 7-10.3 Street Closures, Detours, Barricades SP-15 7-10.4.4 Edison Energized Conductors SP-17 7-10.4.5 Emergency Provisions SP-17 Section 9 Measurement and Payment SP-17 9-3.2 Partial and Final Payment SP-17 9-3.5 Work Performed Without Direct Payment SP-18 Section 10 Additional Special Provisions SP-18 10-1 Legal Relations and Responsibilities SP-18 10-1.1 Laws to be Observed SP-18 10-2 Fair Employment Practice Commission SP-20 Certification TABLE OF CONTENTS – continued Page No NOIN No. SP-1 SPECIAL PROVISIONS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS PART 1 – GENERAL PROVISIONS PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS The Standard Specifications for Public Works Construction written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the Owner. All work shall conform to the latest edition, including supplements, of the Standard Specifications, these Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the City available at the time bids are opened unless otherwise specified in the Contract Documents. The above referenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract Documents. For the convenience of the Contractor, the section and subsection numbering system used in these Special Provisions corresponds to that used in the Standard Specifications. Section 1 Terms, Definitions, Abbreviations and Symbols Section 1-2 Definitions Whenever in the Standard Specification in the following terms are used, they shall be understood to mean and refer to the following: (a) BOARD The City Council of the City of Hermosa Beach (b) CONTRACT Documents including but not limited to the proposed DOCUMENTS forms, Special Provisions, Technical Provisions, Bonds, Insurance, Contract and all Addenda setting forth any modifications of the documents. (c) ENGINEER The Director of Public Works/City Engineer or his authorized representative. (d) BIDDER An individual, co-partnership, association or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. SP-2 (e) LEGAL ADDRESS The legal address of the Contractor to be the address OF CONTRACTOR given on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered. (f) LABORATORY An established laboratory approved and authorized by the Engineer for testing materials and work involved in the contract. Section 2 Scope and Control of the Work Section 2-1 Award and Execution of Contract Section 2-1.1 Proposal The following is in addition to the provision of Section 2-1: The proposal shall be fully executed and submitted on the forms provided by the City and shall be enclosed in a sealed envelope marked and addressed as directed in the “Notice Inviting Bids”. If the proposal is made by an individual, it shall be signed and his or her full name and address shall be given; if it is made by a firm it shall be signed with co-partnership name by a general partner thereof, who shall also sign his or her known name, and the name and address of each member of such co-partnership shall be given; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal. Bidders are warned against making erasures or alterations of any kind on their Proposal. Proposals which contain omissions, erasures, alterations, conditions or additions not called for may be rejected. At the time the Contract is awarded by the City, the Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract. Section 2-1.2 Examination of Plans, Specifications and Project Site The following is in addition to the provisions of Section 2-1: SP-3 Bidders shall read the specifications, examine the drawings and make their own estimates of the existing facilities and difficulties which will attend the execution of the work called for by the proposed contract, including local condition, uncertainty of weather and all other contingencies. Bidders shall satisfy themselves by personal examination of the locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the City. Section 2-1.3 Interpretation of Drawings and Documents The following is in addition to the provisions of Section 2-1: If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a correction thereof. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, or delivered to each person receiving a set of the Contract Documents whose address is known to the Engineer and such addendum shall be considered a part of and incorporated in the Contract Documents. Section 2-1.4 Award of Contract The following is in addition to the provisions of Section 2-1: After the Proposals have been publicly opened and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein. The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. Award of the Contract, if it be awarded, will be made by the Owner within 30 days after opening of the bids. Award will be made to the lowest responsible bidder. 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. To receive favorable consideration, a bidder may be required to present evidence that he has successfully performed similar work of comparable magnitude or submit other SP-4 evidence satisfactory to the City that he or his associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work. Only manufacturers or contractors of established reputation, or their duly authorized dealers or agency, having proper facilities for the manufacture of the materials or equipment and for servicing same, or for proper execution of the work called for in the contract, will be considered in making the award. Section 2-1.5 Execution of Contract The following is in addition to the provisions of Section 2-1: A bidder whose proposal is accepted shall properly sign a written contract with the City on the form attached hereto and return said contract together with good and approved bonds and insurance certificates as required by the Contract Documents within twenty- one (21) calendar days from the date of the mailing of a notice from the City to the bidder, according to the address given by him, of acceptance of his proposal. Contract bonds and certificates of insurance, if required, shall be filed in all instance before delivering any equipment, materials or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified. If a bidder whose proposal is accepted fails or refuses to enter into a contract as herein provided, or to conform to any stipulated requirement in connection therewith, the money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder with whom the City enters into an agreement in accordance with the provisions of the Public Contracts Code Section 20174. At the discretion of the City an award may be made to the bidder whose proposal is next most acceptable to the City, and such bidder and his surety shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of its right to do business in California and of the authority of the officer signing the contract and bonds for the corporation to so sign. Section 2-1.6 Return of Proposal and Guarantee The following is in addition to the provisions of Section 2-1: The check or bond of a bidder to whom the contract has been awarded will be returned to him after all of the acts, for the performance of which said security is required, have SP-5 been fully performed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Check or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids. Section 2-5.2 Precedence of Contract Documents The following supersedes the provisions of Section 2-5.2: The order of precedence of contract documents shall be: FIRST Agreement SECOND Special Provisions THIRD Standard Specifications Section 2-5.3.3 Submittals The following is in addition to the provisions of Section 2-5.3.3: The Contractor shall submit the following submittals within 15 days of notification of the City’s intent to award this contract: Work Schedule Material Data (catalog sheets) and Samples (where applicable) Resident and Business Notification Letter Best Management Practices Plan Traffic Control Plan The City will review and respond to all submittals within ten working days of receipt. Section 2-9.1 Permanent Survey Markers The following is in addition to the provisions of Section 2-9.1: The Contractor is required to locate and tie out survey monuments in the project area prior to construction involving street and highways, and to file with the County Surveyor a Corner Record of any such work. Prior to the issuance of a completion certificate, the Contractor is required to file a Corner Record for survey monumentation that is replaced. All such survey work shall be performed under the supervision of a California licensed Land Surveyor or a Civil Engineer authorized to perform such work. The Contractor shall provide the City a copy of the office calculations and documents submitted to the County for filing in connection with the aforementioned work. SP-6 The payment for surveying, related professional services, office calculation, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor. Section 2-9.3 Survey Service The following supersedes the provisions of Section 2-9.3: Unless otherwise provided in the Technical Provisions, lines and grades for construction shall be the responsibility of the Contractor, with the following provisions: All work under this contract shall be built in accordance with the lines and grades shown on the plans. Field survey for establishing these, and for the control of construction, shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be performed on all items ordinarily requiring grade and alignment, at intervals normally accepted by the agencies and trade involved. The Contractor shall provide a copy of the office calculations and grade sheets to the City’s Inspector. The Contractor shall be responsible for any error in the finished work, and shall notify the Engineer within 24 hours of any discrepancies or design errors discovered during staking. Unless a separate bid item is provided, the payment for surveying, construction staking, professional services, office calculations, furnishing all labor, materials, equipment, tools and incidentals, and for doing all work involved shall be considered as included in the various items of work, and no additional compensation will be allowed therefor. Section 3 Changes in Work Section 3-3.2.2 Basis for Establishing Costs Section 3-3.2.2 shall be changed as follows: (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus the employer payments of payroll taxes, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by collective bargaining agreements. Section 3-3.2.3 Markup Section 3-3.2.3 shall be changed as follows: SP-7 (a) Work by Contractor. An allowance for overhead and profit shall be added to the Contractor’s costs as determined under 3-3.2.2 and shall constitute the full and complete markup for all overhead and profit on extra work performed by the Contractor. The Contractor shall also be compensated for the actual increase in the Contractor’s bond premium caused by the extra work. Equipment rates shall be determined utilizing the latest published Caltrans equipment rates. For costs determined under each subsection in 3-3.2.2, the markup shall be: (a) Labor 20% (b) Materials 15% (c) Tool and Equipment Rental 15% (d) Other Items 15% (b) Work by Subcontractor. When any of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor’s costs as determined under 3-3.2.2. An allowance for the Contractor’s overhead and profit shall be added to the sum of the Subcontractor’s costs and markup and shall constitute the full and complete markup for all overhead and profit for the Contractor on work by the Subcontractor. For Contractor markup of Subcontractor’s costs, the allowance shall be 10% on the first $2,000 or portion thereof, and 5% on costs in excess of $2,000. Section 3-5 Disputed Work Section 3-5.1 Retention of Imperfect Work The following is in addition to the provisions of Section 3-5: If any portion of the work done or materials furnished under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable. Section 6 Prosecution, Progress and Acceptance of the Work Section 6-1 Construction Schedule and Commencement of Work The following is in addition to the provisions of Section 6-1: The Contractor’s proposed construction schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. The SP-8 schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures. The names, addresses and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work. The Contractor shall also notify the City of Hermosa Beach and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct: Southern California Edison Co. Scott Gobble 310-783-9393 Southern California Gas Co. Bill Stevens 310-605-7837 Verizon Diego Mederos 310-264-5681 Hermosa Beach Police & Fire Dispatch 310-524-2750 Time Warner (Cable TV) Scott Benson 310-420-6042 California Water Service Co. Robert Olsen 310-257-1428 Underground Service Alert 800-227-2600 Los Angeles County Flood Control 310-861-0316 Los Angeles County Public Works Brian Mossberg 626-458-3122 Los Angeles Sanitary District 626-300-4624 City of Hermosa Beach Homayoun Behboodi 310-318-0212 he Contractor shall submit periodic Progress Reports to the Director of Public Works by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. Section 6-7.2 Working Day The following is in addition to the provisions of Section 6-7: SP-9 The Contractor’s working hours shall be limited to the hours between 8:00 A.M. and 5:00 P.M., Monday through Friday. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor. The following days are considered holidays, and no work will be allowed on the project. Any work not completed and fully open to public traffic shall be maintained in a safe and delineated condition. Traffic control and safety devices shall be maintained at all times. Veteran’s Day Nov 11 Holiday week between December 25 through January 1 Martin Luther King Jr. Day January 21 Presidents Day February 18 Independence Day July 4 Section 6-8 Completion and Acceptance The following is in addition to the provision of Section 6-8: In addition to the guarantees as required in Section 2-4 of the Standard Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the Owner to insure that defects, which appear within said period, will be repaired, replaced, or corrected by the Contractor, at his own cost and expense, to the satisfaction of the Engineer within thirty (30) days after written notice thereof by the City. Section 6-9 Liquidated Damages The following is in addition to the provisions of Section 6-9: The amount of liquidated damages is hereby amended to $500 for each consecutive calendar day. Section 7 Responsibilities of the Contractor Section 7-1 Contractor’s Equipment and Facilities Section 7-1.1 Contractor’s Responsibility for Work SP-10 The following is in addition to the provisions of Section 7-1: Until the formal acceptance of the work by the City, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished in accordance with 7-3 hereof, bear the risk of accident, loss or damage to any part thereof by action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance. In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof. Section 7-1.2 Notice and Service Thereof Any notice required or given by one party to the other under the contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner: Notice shall be given to the City by personal delivery thereof to the City’s Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to: Public Works Department City of Hermosa Beach 1315 Valley Dr. Hermosa Beach, CA 90254 Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered. Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered. Section 7-1.3 Warranty of Title No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement SP-11 by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him to the City free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City. The provisions of this section shall be inserted in all subcontractor’s and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into regarding such materials. Section 7-2 Labor Section 7-2.2 Laws The following is in addition to the provisions of Section 7-2.2: Each bidder must submit with the Bid Proposal a fully executed Certificate of Non- Discrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate. After the opening of bids and the determination of the low bidder, said low bidder shall submit to the Public Works Department, no later than 5:00 P.M. on the third working day following the bid opening, a completed “Fair Employment Practices Contractor Compliance Report”. The Contractor shall comply with all applicable provisions of Sections 1776, 1777.5 and 1777.7 of the California Labor Code. The Contractor shall be responsible for compliance with Section 1776 and shall insert a provision in all subcontracts requiring subcontractors to comply with said section. The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. Section 7-3 Liability Insurance The following supersedes the provisions of Section 7-3: SP-12 The Contractor shall, at its expense, maintain in effect all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers licensed to sell insurance in the State of California and having a “A-“or higher rating in the latest edition of Best’s Insurance Guide, and shall be subject to approval by the City’s Risk Manager: Workers’ Compensation and Employer’s Liability Workers’ Compensation – coverage as required by law Employer’s Liability – limits of at least $100,000 per occurrence Comprehensive General Liability Combined Single Limit - $1,000,000 Automobile Liability Combined Single Limit - $1,000,000 The automobile and general comprehensive liability policies may be combined in a single policy with a combined single limit of $1,000,000. All of the Contractor’s policies shall contain an endorsement providing written notice shall be given to the City at least 30 calendar days prior to termination, cancellation or reduction of coverage in the policy The Bodily Injury and Property Damage Liability policies shall contain the following: 1. An endorsement extending coverage to the City as an insured, in the same manner as the named insured as respects liabilities arising out of the performance of any work under the Contract. Such insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder. 2. “Severability of Interest” clause. 3. Elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards. 4. Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract. SP-13 Promptly on execution of the Contract, and prior to commencement of any work, the Contractor shall deliver to the City copies of all required policies and endorsements thereto on the forms supplied by the City. The Contractor shall require and verify similar insurance on the part of its Subcontractors. The foregoing requirements as to the types, limits and City approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligation assumed by the Contractor under the Contract. Any policy or policies of insurance that the Contractor or his Subcontractors elects to carry as insurance against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this contract shall include a provision waiving the insurer’s right of subrogation against the City. The cost of all insurance shall be included in the contractor’s bid. Instructions for completing the required endorsements and forms therefor are attached to these Special Provisions as Exhibits A-E. Section 7-5 Permits The following is in addition to the provisions of Section 7-5: Prior to beginning work, the Contractor shall coordinate access routes and obtain authorization and permits from the City of Hermosa Beach and any adjacent or affected private property owners. The Contractor will be responsible to protect and preserve all property and improvements in accordance with Section 7-9 of SSPWC. The Contractor must have or obtain a valid City of Hermosa Beach Business License in accordance with the provisions of the Hermosa Beach Municipal Code. All work shall comply with the applicable sections of the Special/Additional Conditions of Approval of the Coastal Development Permit as well as the Water Quality Certification (refer to Appendices “C” and “D” of the Standard Specifications). In addition, The Contractor must obtain the following Encroachment Permits: City Encroachment Permit A City Encroachment Permit is required to work within public right-of-way and will be issued at no cost to the Contractor. SP-14 Other Encroachment Permits When work occurs in the right-of-way of other entities, the Contractor shall obtain and pay, as required, for an encroachment permit from that entity. Section 7-6 The Contractor’s Representative The following is in addition to the provisions of Section 7-6: The Contractor shall furnish the Engineer with the name, address and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices. Section 7-9 Protection and Replacement of Existing Improvements The following is in addition to the provisions of Section 7-9: The Contractor shall protect in place existing landscaping, walls, planters, buildings and other improvements. Section 7-10 Public Convenience and Safety The following is in addition to the provisions of Section 7-10: Prior to construction, homeowners as well as adjacent and affected businesses within 100 feet of the project site shall be notified of the anticipated date of commencement and construction schedule. Section 7-10.1 Traffic and Access The following is in addition to the provisions of Section 7-10.1: The Contractor shall provide temporary “No Parking” and all other signs which are necessary for the safe and orderly conduct of vehicular and pedestrian traffic as directed by the Engineer and as specified herein. He shall also provide a barricaded area in the parking lane for pedestrian traffic during such time as the parkway is unfit to be used for pedestrian traffic. Parking restrictions shall be posted on site 48 hours in advance of any closure. At such times as driveways are inaccessible due to the Contractor’s work they shall be blocked by two (2) Class II barricades or one (1) Class II barricade and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a barricade or delineator at each side. The Contractor shall give 24-hour notice to affected property owners prior to blocking any driveway. SP-15 The Contractor shall provide access for refuse collection on the regularly scheduled days. He shall also facilitate or assist in the collection where such work is hampered by his operations. The Contractor shall refer to the special conditions of the Coastal Development Permit and coordinate the Construction Staging and Access Plan with the Engineer. Section 7-10.3 Street Closures, Detours, and Barricades The following is in addition to Section 7-10.3: The Contractor shall submit traffic control and Best Management Practices Plans and obtain approval from the engineer prior to construction. The Contractor shall notify City, fire, police, and utilities of planned work 48 hrs in advance of construction. The Contractor shall not close any street within the City of Hermosa Beach without first obtaining the approval of the Engineer. Barricading, traffic control and detour diagrams in connection with street closures shall be submitted by the contractor as required by the Engineer. The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the APWA work area traffic control (“WATCH”) handbook. During adverse weather or unusual traffic or working conditions additional traffic devices shall be placed as directed by the Engineer. All traffic signs and devices shall also conform to the APWA work area traffic control (“WATCH”) handbook. The Contractor shall provide and maintain Type II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet. Type II barricades mounted with flashers shall be installed around work areas in parkways. Type II barricades shall have alternating reflective orange and reflective white stripes at an angle of 45 degrees. The strip width shall be in accordance with Table 5-1 “Barricade Characteristics” “Manual of Traffic Controls for Construction and Maintenance Work Zones”. During paving operations barricades may be supplemented with minimum size eighteen-inch high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty feet. Traffic cones and delineators used within State right-of-way shall be a minimum size of twenty-eight inches high. At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five foot intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a “Road Closed” sign shall be provided at the nearest prior intersection. “No Left Turn” signs shall be provided wherever required by the Engineer. SP-16 When one-way access from a side street or alley is permitted, barricades and cones shall be provided at five-foot intervals for a distance of fifty feet on either side of the centerline of the intersecting street, or alley. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices, the City will place such necessary items and the Contractor shall be liable to the City for providing such devices in accordance with the following provisions: 1. For placing of barricades: $5.00 per barricade for the first day or any part thereof and $10.00 per barricade, per day, for each day thereafter or any part thereof. For flashers: $2.50 per flasher for the first day or any part thereof and $5.00 per flasher, per day, for each day thereafter or any part thereof. For traffic cones: $2.00 per cone for each day or any part thereof, in addition to the City’s personnel and equipment costs. 2. In the event that the services of the Owner are required between the hours of 5:00 P.M. and 8:00 A.M., during the normal week or at any time on Saturday, Sunday or a City holiday, there shall be an additional charge to the above set forth minimums of $800.00 for each service trip required. 3. Upon the event that the City should need to furnish additional traffic and/or pedestrian safety devices, the Contractor shall replace and return all City furnished equipment in kind within 48 hours. After 48 hours, the City reserves the option of obtaining the services of an outside vendor to furnish Traffic Control equipment and services at the expense of the Contractor. Contractor shall relocate, preserve and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during the course of construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed and replaced by the City. Traffic control signs include Stop Signs, Speed Limit, Parking Restrictions and other regulatory signs. Section 7-10.4.4 Edison Energized Conductors The following is in addition to the provision of Section 7-10.4: Contractor hereby promises and agrees that in the performance of the work specified in this Contract, it will employ and utilized only qualified persons, as hereinafter defined, to work in proximity to Edison’s secondary, primary and transmission facilities. The term “qualified person” is defined in Title 8, California Administrative Code, Section 2700, as follows: SP-17 “Qualified Person: A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved.” Contractor further promises and agrees that the provisions of this section shall be and are binding upon any subcontractor or subcontractors that may be retained by it, and that Contractor shall take such steps as are necessary to assure compliance by said subcontractor or subcontractors with the requirements of this section. Section 7-10.4.5 Emergency Provisions The following is in addition to the provisions of Section 7-10.4: Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection. Whenever, in the opinion of the City, an emergency exists of which the City is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the City, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the City may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the City may seem reasonable and necessary, all at the expense of the Contractor. Section 9 Measurement and Payment Section 9-3.2 Partial and Final Payment Section 9-3.2 is hereby deleted and replaced with: The closure date for periodic progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the tenth day of the following month. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. Section 9-3.5 Work Performed Without Direct Payment The following is in addition to the provisions of Section 9.3: Tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools and materials shall be provided SP-18 without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools and materials shall be included in the unit bid prices in the Proposal and no additional compensation will be paid therefor. Section 10 Additional Special Provisions 10-1 LEGAL RELATIONS AND RESPONSIBILITIES 10-1.1 LAWS TO BE OBSERVED: Subdivision 10-1.01.1: Laws and Regulations - The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which, in any manner, affect those engaged or employed on the work, the materials used in the work or the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract or in the Plans or Specifications herein referred to, in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violations of any such laws, ordinances or regulations whether by himself or by his employees or his subcontractors or their employees. Except as otherwise explicitly provided in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work. All state laws, all county and city ordinances and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and works required to be done hereunder, shall be deemed to be and hereby are made controlling and part of these specifications. Subdivision 10-1.01.2: General - The Contractor shall keep himself fully informed of all existing state and national laws and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials 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 any jurisdiction or authority over the same. Subdivision 10-1.01.3: Eight-Hour Law - Eight (8) hours labor constitutes a legal day's work. The Contractor shall forfeit as a penalty $25.00 (Twenty-five dollars) for each workman employed in the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) SP-19 hours in any one calendar week in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1815 thereof inclusive except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week, shall be compensated at not less than one and one-half (1 1/2) times the basic rate of pay as provided in Section 1815. Subdivision 10-1.01.4: Prevailing Rate of Per Diem Wages - Pursuant to the provisions of Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates. The Federal Minimum wage rates for this project as predetermined by the United States Secretary of labor are set forth herein by addenda and in copies that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the federal minimum wage rates, if necessary, will be issued to holders. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in these Special Provisions. If there is a difference between the minimum wage rates predetermined by the Secretary of labor and the general prevailing wage rates determined by the Director of the California Department of Industries Relations for similar classifications of labor, the Contractor and subcontractor shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determination. This includes “helper” (or other classifications based on hours of experience) or any other classifications not appearing in the Federal wage rate determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractor, the Contractor and subcontractor shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424- 9071. Anyone with knowledge of possible bid, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information with be treated confidentially and caller anonymity will be respected. The Contractor shall comply with Labor Code Section 1775. In accordance with said section, the Contractor shall forfeit as a penalty to the City $50.00 (fifty dollars) for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the contract by him or by `any subcontractor under him in violation of the SP-20 provisions of the Labor Code and in particular Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. Subdivision 10-1.01.5: Certified Payroll - Pursuant to Section 1776 of the Labor Code, the Contractor and/or subcontractors shall submit weekly to the City for each week in which any contract work is performed a certified copy of all payroll records. Should the Contractor fail to provide such payroll certificates, the City may withhold $1,000.00 for each weekly payroll certificate not received from payment due. 10-2 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION: The Contractor's attention is directed to the requirements in Section 12990 of the Government Code for nondiscrimination and compliance employment programs. TP- 1 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS TECHNICAL PROVISIONS AND BID ITEM DESCRIPTIONS The following Technical Provisions and Bid Item Descriptions supplement and amend the "Standard Specifications for Public Works Construction" and “Standard Plans for Public Works Construction” (Green Book), latest edition; California Manual on Uniform Traffic Control Devices (CA MUTCD); and the Caltrans Standard Specifications as they pertain to the work referenced herein. As a reference they have been arranged into a sequence which parallels the arrangement of the Bid Items. TP- 2 TECHNICAL PROVISIONS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS TABLE OF CONTENTS Page No. Section 1 Bid Items ............................................................................................ 3 Section 1-1 Bid Item 1. MOBILIZATION ............................................................. 3 Section 1-2 Bid Item 2. DECK PANEL REPLACEMENT ................................... 3 Section 1-3 Bid Item 3. STEEL PILE CASING ................................................... 3 Section 1-4 Bid Item 4. FIBERGLASS JACKETS .............................................. 4 Section 2 Other Work (Non-payment items) ................................................... 4 Section 2- MATERIAL TESTING ...................................................................... 4 Section 2-3 AS-BUILT DRAWINGS ................................................................... 4 Section 2-4 WARRANTY.................................................................................... 4 Section 2-5 CERTIFICATION ............................................................................. 4 Section 2-6 TRAFFIC CONTROL ...................................................................... 5 Section 2-7 BEST MANAGEMENT PRACTICES ............................................... 5 Section 2-8 HARDSCAPE & LANDSCAPE RESTORATION ............................. 5 Section 2-9 WASTE MANAGEMENT PLAN ...................................................... 6 Section 2-10 SUBMITTALS.................................................................................. 6 TP- 3 TECHNICAL PROVISIONS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS Section 1 Bid Items Section 1-1 Bid Item 1. MOBILIZATION Reference SSPWC Section 9-3.4 Add the following paragraph to Section 9-3.4 of the Standard Specifications: The contract bid item for Mobilization shall include all labor, work and materials necessary to mobilize and demobilize forces, equipment, and materials; obtain bonding, insurance, permits, licenses; and other work as necessary to prepare for constructing the work. Mobilization costs shall not exceed 10% of the total bid amount. Payment shall be per lump sum amount as follows: When 5% of the work other than mobilization has been constructed, then 50% of the mobilization item will be paid. When 10% of the work other than mobilization has been constructed, then 75% of the mobilization item will be paid. When 100% of the work other than mobilization has been constructed, then 100% of the mobilization item will be paid. Section 1-2 Bid Item 2. DECK PANEL REPLACEMENT The contract bid item for Deck Panel Replacement for Panel B between bents 3 and 4 shall include all labor, work and materials and equipment necessary to remove the existing deck panel and construct and install a new deck panel complete in place. Work shall include provisions for pedestrian and vehicle safety during construction, testing, traffic control, adjustments to match existing improvements and all other work necessary to construct the deck panel complete in place. Payment for Deck Panel Replacement shall be Lump Sum. Section 1-3 Bid Item 3. STEEL PILE CASING The contract bid item for Steel Pile Casing for Bent 16A shall include all labor, work and materials and equipment necessary to remove, clean and prepare the spalled portions TP- 4 of the existing piling and furnish and install a new steel sleeve complete in place in accordance with the plans and specifications. Work shall include providing, scaffolding or diving equipment or any other means necessary to facilitate construction to provide the steel sleeve complete in place. Payment for Steel Sleeve shall be per linear foot. Section 1-4 Bid Item 4. FIBERGLASS JACKETS The contract bid item for Fiberglass Jacket Casing for Bents 14A and E, 18E, 25E, and 31A shall include all labor, work and materials and equipment necessary to remove, clean and prepare the spalled portions of the existing piling and furnish and install the new fiberglass jackets complete in place in accordance with the plans and specifications. Work shall include providing, scaffolding or diving equipment or any other means necessary to facilitate construction to provide the fiberglass jackets complete in place. Payment for Fiberglass Jacket shall be per linear foot. Section 2 Other Work (Non-payment items) Section 2- MATERIAL TESTING No separate payment shall be made for material testing. Material testing will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-3 AS-BUILT DRAWINGS No separate payment shall be made for maintaining and delivering as-built drawings. As-built drawings will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-4 WARRANTY No separate payment shall be made for providing a warranty on constructed work. All warranties will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-5 CERTIFICATION No separate payment shall be made for providing a certification on constructed work. All certifications will be considered as included in payments for other bid items, and no separate payment will be made therefore. TP- 5 Section 2-6 TRAFFIC CONTROL No separate payment shall be made for traffic control and provisions for pedestrian safety. All traffic control and safety provisions will be considered as included in payments for other bid items, and no separate payment will be made therefore. The Contractor shall adhere to the Construction Staging and Access Plan as outlined in Special Condition No. 3 of the Coastal Development Permit (see Appendix “C”). Section 2-7 BEST MANAGEMENT PRACTICES Reference SSPWC Sections 7-8.6 & 7-8.7 Add to Standard Specifications As Section 7.8.9 Best Management Practices. No separate payment shall be made for Best Management Practices. The Best Management Practices (BMP's) plans shall include all labor, work and materials necessary to plan and implement BMP's into the project. BMP's shall include methods and materials to provide safety and protection throughout construction, and shall specifically include a Pollution Control Plan (PCP) to protect on-site soils and storm drainage facilities, and Ocean waters from hazardous material or construction material contamination. A Safety Plan to protect workers, the City, and the public from the hazards of construction activities; an Emergency Response Plan to provide response activities and communications in the event of an emergency; and other items as the Engineer may deem appropriate for the situation. BMP's shall be submitted to and approved by the Engineer prior to beginning construction. The Contractor shall prepare and adhere to an approved Storm Water Pollution Prevention Plan (SWPPP) in accordance with the approved City plan and as required by law. The Contractor shall adhere to the BMP outlined in the Construction Responsibilities and Debris Removal in Special Condition No. 5 of the Coastal Development Permit (see Appendix “C”). In addition, the Contractor shall adhere to Additional Conditions 6, 7, 8, 9, 10, 11, 12, 13, 16 as outlined in Attachment B of the Water Quality Certification (see Appendix “D”). No separate payment shall be made for Best Management Practices. All Best Management Practices will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-8 HARDSCAPE & LANDSCAPE RESTORATION Reference SSPWC 7-9 Add to Standard Specification Section 7-9: TP- 6 No separate payment shall be made for Hardscape & Landscape Restoration. Hardscape & Landscape Restoration shall include all labor, work and materials necessary to restore existing hardscape & landscaping complete in place to pre- construction conditions. Contractor is responsible to submit photo and video documentation of pre-construction conditions prior to start of construction. No separate payment shall be made for Hardscape & Landscape Restoration. All Hardscape & Landscape Restorations will be considered as included in payments for other bid items, and no separate payment will be made therefore. Section 2-9 WASTE MANAGEMENT PLAN No separate payment shall be made for a Waste Management Plan. All waste management will be considered as included in payments for other bid items, and no separate payment will be made therefore. Before the start of demolition, submit a Waste Management Plan to the Engineer for approval and it shall include the following: Indicate how the Contractor proposes to recover at least 75% of the construction wastes for reuse and recycling The Waste Management Plan should coordinate the recovery effort with the construction schedule. Include a list of reuse facilities, recycling facilities and processing facilities that will be receiving the recovered materials. If some of the materials will be donated or sold on-site auctions, describe the process and identify the organizations that may receive the materials. Identify materials that are not recyclable or not recovered which will be disposed of in a landfill (or other means acceptable by the State of California and local ordinance and regulations) and explain why the materials are not recovered. List the permitted landfill, or other permitted disposal facilities, that will be accepting the disposed waste materials. Indicate instances or situations where compliance with the requirements of this specification do not apply or do not appear to be possible. Identify each type of waste material to be reused or recycled and estimate the amount, by weight. Provide final accounting of disposition of recovered materials upon completion of project for final payment. Section 2-10 SUBMITTALS Except as provided in other bid items, no separate payment shall be made for required project submittals. Submittals shall include all materials, plans, diagrams, and drawings as called for in the specifications, and as may be required by the Engineer or law, including: TP- 7 Project Schedule Traffic Control Plan Shop drawings Materials and Suppliers List Subcontractors List Concrete Mix Design Best Management Practices Plans (BMP) Material Testing Plan Property Owner's Notice Contact List Emergency Response Plan (ERP) Submittals shall be approved by the Engineer prior to beginning any portion of the work which may be affected. The Contractor shall allow at least 5 working days for review and response or approval of each submittal. The following is in addition to the Special Provisions, Section 2-5.3.3, page SP-5: 1. General: A. Shop drawings and submittals shall be provided, at the Contractor’s expense, when required by the plans or specifications, or requested by the Engineer. B. Failure of the Contractor or its subcontractor to submit shop drawings and certifications to the Engineer in ample time for review shall not constitute just cause for approved time extension of the contract time. 2. Procedure: A. The Contractor shall determine and verify that all materials, field measurements, and field construction criteria comply with all requirements of the work and of the contract documents. B. The Contractor shall submit three (3) copies of a submittal accompanied with the attached submittal form, Exhibit A. C. The Contractor shall supply all information requested on the submittal form including, but not limited to, the submittal number, revision number, reference to specification section, description/contents of the submittal, and Contractor’s signature of certification. D. The Contractor shall allow a minimum of five (5) working days for review of shop drawings and submittals. E. Upon completion of the review, one (1) copy will be returned to the Contractor. 3. Variation from Contract: A. It is the Contractor’s responsibility to specifically point out any variation or discrepancy between the shop drawings or manufacturer’s instructions submitted and the contract documents. The Contractor shall mention all TP- 8 such variations, including explanations for any such requests, within the submittal form. B. Failure by the Contractor to identify within the submittal form any variation, discrepancy, or conflict with the contract documents shall render approval null and void, and the Contractor shall bear all risk of loss and reconstruction costs or delays. C. If any additional work or modifications are required as a direct result of the approval of shop drawings or manufacturer’s instructions which deviate or do not comply with the contract documents, such additional work or modifications shall be made without extra cost to the City, and without extension to the contract time. 4. Approval: A. Neither review nor approval of shop drawings or submittals by the Engineer shall relieve the Contractor from the responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the submittal form. B. Should the Contractor proceed with work shown thereon before approval is received, the Contractor shall remove and replace or adjust any work which is not in accordance with the approved shop drawings or manufacturer’s instructions and shall be responsible for any resultant damage, defect, or added cost. CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS APPENDIX “A” PROJECT PLANS The accompanying project plans entitled CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS shall be incorporated into these specifications by reference. PIER ELEVATION VIEW 1"=20’MATCH LINE PIER 7+20.00MATCH LINE PIER 7+20.00MATCH LINE PIER 7+20.00BENT 16 BENT 15 BENT 14 BENT 13 BENT 12 BENT 11 BENT 10 BENT 9 BENT 8 BENT 7 BENT 6 BENT 5 BENT 4 BENT 3 BENT 2 BENT 1 1140’-11"– MEASURED ALONG PIER LINE 1"=20’ 1"=20’ OCEANPACI FI C 32’-0"– TO BENT 16 EB NOTES: STRUCTURE PLAN NO 2 4 ORDERING OR FABRICATING ANY MATERIAL CONTRACTOR SHALL VERIFY ALL CONTROLLING FIELD DIMENSIONS BEFORE2. FOR CONSTRUCTION NOTES AND LEGEND TO DRAWING SEE "TITLE SHEET"1. 1 2 3 A C E A C E A C E A C E A C E A C E A C E A C E A C E A C E A C E A C E A C E A C E A C E PIER PLAN (TOP) VIEW PIER PLAN (UNDERSIDE) VIEW 3 L = 19’20’CONSTRUCTION NOTES OCEAN FLOOR OCEAN PANELS A PANELS B PANELS C PANELS D 5’(TYP)5’(TYP)SHORELINE APPROX SHORELINE APPROX SPALL REPAIR" PER BENT DETAIL ON SHEET 5. REPAIR SPALLED PORTION IN PILES USING THE FIBERGLASS JACKET AS SPECIFIED IN "PILINGS REPLACEMENT" ON SHEET 6. REPLACE SHEAR FAILURE IN THE 32’ X 5’ CONCRETE DECK PANEL SPECIFIED IN THE "DECK PANEL 3 2 1 NOTES" PER BENT DETAIL ON SHEET 6. REPAIR SPALLED PORTION IN PILES USING THE STEEL CASING AS SPECIFIED IN "STEEL PILE CASING PILE A PILE C PILE E 4 5 OBSERVATION REPLACE DAMAGE BRACKETS AND CONDUITS PER CITY OF HERMOSA BEACH MAINTENANCE TEAM REPLACE ALL ACCESS PORTS TEE ALONG THE ELECTRICAL CONDUIT LINE 4 5 4 5 1 L = 10’ 1 L = 11’ S4SHEET SIZE 24X36LEVEL SYMB ON PROJECT NO.32044REGSTEERDSSO A LE NGEN EERCALFORNASTTAEOF NFPRO No.50792 CIVILJOHNM.CR IK SHAN KU 2JMC John M. Cruikshank Consultants, Inc. 411 N. Harbor Blvd, Suite 201 San Pedro, CA 90731 Phone: (310) 241-6550 Fax: (310) 320-8871 www.jmc-2.com 20 0 20 40 60 SCALE: 1" =20’ 10 Exp 9-30-13 CITY OF HERMOSA BEACH DEPARTMENT OF PUBLIC WORKS SHT OF 6 PLAN No. (310) 318-0214 CITY OF HERMOSA BEACH DATEAPPDESCRIPTIONNo. REVISIONS PLANS PREPARED BY $PLTDRVS$$FILEL$$DATE$$TIME$DEPARTMENT OF PUBLIC WORKS STRUCTRAL REPAIRS HERMOSA BEACH MUNICIPAL PIER PROJECT PLANS FOR CIP NO. 11-652 NOTES: 18’-4" 2’-2"7’-0" 18’-4" 7’-0"2’-2" PILE BENT SEALING STRIP COMPRESSIBLE "4 13 "4 12 "81FX-763TGE SS SCREW VOID VARIES NON-METALLIC UNDERWATER GROUT FILL VOID WITH FX-225 NON-SHRINK FREE JACKET CORROSION 1/8" FX-70 INERT VOIDVARIES CLOSURE FACILITATE SHOP CUT TO 1/2" STANDOFF TRANSITION BOTTOM PLAN TRANSITION NO SCALE TOP PLAN NO SCALE NO SCALE DETAIL A NO SCALE STANDOFFS6"PILE 1/2" SEE DETAIL A ANCHOR PILE SIZE 2"CLR JACKET SIZE PILE SIZE + 4" 1/8" WALL1/8" WALL MORTAR TO CONSTRUCT BEVEL USE FX-763 TROWEL GRADE EPOXY VOID 2" SEE DETAIL A 4’-8"4’-8"4’-8"2’-2" PCC PILE (TYP) 16" OCTAGONAL NO SCALE NO SCALE 5 MARINE EPOXY MORTAR MULTI-PURPOSE 4" – FX-70-6 HYDRO-ESTER NOTES: FABRICATING ANY MATERIAL FIELD DIMENSIONS BEFORE ORDERING OR CONTRACTOR SHALL VERIFY ALL CONTROLLING 2. SCREW AT 6" C/C. SELF DRILLING SELF TAPPING STAINLESS STEEL AFTER JACKET IS IN PROPER POSITION INSTALL 1. FOR CONCRETE PILE FX-70-9 HYDRO ESTERCOATING BENTS 25 & 31 ELEVATION 1/2" CLR 2’-2" 9"1’-6"1’-6"2’ MIN.LOCATION JACKET LENGTH 25:E 18:E 14:E 31:B 14:A SIZE 18 INCH 16 INCH 16 INCH 18 INCH 16 INCH PCC PILE (TYP) 18" OCTAGONAL 2’ MINPILES REPAIR SCHEDULE LENGTHREPAIR ALL MATERIALS SHALL BE COMPATIBLE AND SHALL BE MANUFACTURED FROM A SINGLE SOURCE.8. MANUFACTURERS RECOMMENDATIONS. EPOXY (BOTTOM AND TOP SEAL), OR EQUIVALENT, PATCHING MATERIAL INTO THE FORM PER PUMP OR POUR FX 225 NON-SHRINK NON METALLIC UNDERWATER GROUT AND FX 70 MP MARINE 7. INSTALL FORM SEALS AND FIBERGLASS JACKET FORM.6. EXPOSED REINFORCING BARS SHALL BE COATED WITH CORROSION INHIBITOR.5. METHODS. CONTACT ENGINEER IF ANY BAR HAS LESS THAN 75% OF ITS ORIGINAL CROSS SECTION. METAL USING WET BLASTING, WIRE BRUSHING, WATER LASER, OR OTHER CITY APPROVED REMOVE ALL RUST AND SCALE ON REMAINING STEEL BAR REINFORCING AND STRANDS TO BARE 4. CONCRETE AND APPROXIMATELY INCH CLEAR BEHIND ALL BARS MORE THAN 50% EXPOSED. EXPOSE ALL CORRODED REINFORCEMENT BY CHIPPING OUT ALL LOOSE CONCRETE TO SOUND 3. WATER AND AIR REGULATIONS TO COLLECT AND CONTAIN DEBRIS. APPROVED METHODS. CONTRACTOR SHALL COMPLY WITH ALL FEDERAL, STATE, AND LOCAL WIRE BRUSHING, WATER LASER, HAND HELD PNEUMATIC CHIPPING TOOLS, OR OTHER CITY MATERIAL SHOULD BE REMOVED FROM THE SPALLED PILES SURFACE USING A WATER BLAST, ALL OIL, GREASE, DIRT, BROKEN AND UNSOUND CONCRETE, AND ANY OTHER DELETERIOUS 2. REPAIR RECOMMENDATION PRIOR TO ORDER JACKET. CONTRACTOR TO VERIFY HEIGHT OF SPALLING ON PILES 25:E, 18:E, 14:E, 31:B, 14A PER PILE 1. WORK: THAT QUALIFIED, CONCRETE REPAIR CONTRACTORS PERFORM THE FOLLOWING WITH A FIBERGLASS JACKET FORM AND FOX FX 70 SYSTEM, OR APPROVED EQUAL. IT IS RECOMMENDED THE SPALLED PORTIONS AT PILES 16:A, 25:E, 18:E, 14:E, 31:B, 14A ARE IN NEED OF IMMEDIATE REPAIR. PILINGS SPALL REPAIR: BENTS 14 & 18 BENT DETAIL NO 1 SCHEDULE PILES REPAIR JACKET SYSTEM PER INSTALL FIBERGLASS SCHEDULE PILES REPAIR JACKET SYSTEM PER INSTALL FIBERGLASS JACKET ARE TO EXTEND 2’ ABOVE AND BELOW THE OPEN SPALL AREA "REPAIR LENGTH".4. INSPECTION ARE REQUIRED BEFORE SCAFFOLD IS REMOVED TO CHECK FOR VOIDS.3. AND GROUT SHALL BE PLACED WITHIN 72 HRS OF JACKET INSTALLATION. JACKETS ARE TO BE INSTALLED WITHIN 24 HRS OF HYDROBLAST CLEANING2. IMMEDIATELY PRIOR TO INSTALLING JACKET. PLACE FX-763 TROWEL GRADE EPOXY INTO INTERLOCKING JOINT1. 11 FT 11 FT 10 FT 6 FT 9 FT S5SHEET SIZE 24X36LEVEL SYMB ON PROJECT NO.32044REGSTEERDSSO A LE NGEN EERCALFORNASTTAEOF NFPRO No.50792 CIVILJOHNM.CR IK SHAN KU 2JMC John M. Cruikshank Consultants, Inc. 411 N. Harbor Blvd, Suite 201 San Pedro, CA 90731 Phone: (310) 241-6550 Fax: (310) 320-8871 www.jmc-2.com Exp 9-30-13 CITY OF HERMOSA BEACH DEPARTMENT OF PUBLIC WORKS SHT OF 6 PLAN No. (310) 318-0214 CITY OF HERMOSA BEACH DATEAPPDESCRIPTIONNo. REVISIONS PLANS PREPARED BY $PLTDRVS$$FILEL$$DATE$$TIME$DEPARTMENT OF PUBLIC WORKS STRUCTRAL REPAIRS HERMOSA BEACH MUNICIPAL PIER PROJECT PLANS FOR CIP NO. 11-652 CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS APPENDIX “B" NOTICE OF PUBLIC IMPROVEMENT CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS NOTICE OF PUBLIC IMPROVEMENT Date : Dear Sir or Madam: This notice is to advise you that a contract has recently been awarded for another public works improvement project, the CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS, which may affect your property. We expect work to commence on or about <<DATE>>. Because of this construction, you may be subjected to certain inconveniences such as temporary loss of street parking, temporary loss of driveway access to your property, construction noise and dust. Every effort will be made by the City and the Contractor to minimize these inconveniences and “No Parking” signs will be in place at least 48 hours in advance of the work. Your cooperation in observing all TRAFFIC CONTROLS, PARKING RESTRICTIONS AND FLAGMEN, not allowing children to play in the street or on or around the construction equipment, and in not allowing water to run onto the street from your property will be greatly appreciated and will help in expediting construction. A general description of the proposed construction and the limits of the work is as follows: repairing six spalled concrete piles by in-water hydro-blast cleaning, installation of new fiberglass jackets or steel casings and injection of underwater grout. replacing one concrete deck panel. The expected hours of work will be from 8 A.M. to 5 P.M., Monday through Friday. Please direct all inquiries or complaints to either the Contractor or the City Project Manager. Contractor <<CONTRACTOR NAME>> Phone ( ) City of Hermosa Beach Department of Public Works Project Manager – Mondher Saïed, P.E. Telephone 310-318-0211 We regret any inconvenience this project may cause you, but we appreciate your cooperation and thank you in advance. CITY OF HERMOSA BEACH Frank J. Senteno, P.E. Public Works Director/City Engineer CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS APPENDIX “C" COASTAL DEVELOPMENT PERMIT The City has applied for a Coastal Development Permit from the California Coastal Commission. A copy of this Coastal development Permit is included in this Appendix. The Contractor shall abide by all terms of the Special Conditions. CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS APPENDIX “D" WATER QUALITY CERTIFICATION The City has applied for a Water Quality Certification from the Los Angeles Regional Water Quality Control Board. A copy of this Water Quality Certification is included in this Appendix. Although the contractor needs to abide by all terms of the Additional Conditions, the City will be responsible for performing the Ocean Water Quality Monitoring (Condition 14) as well as the Pre-and-post Construction Surveys for Eelgrass and Invasive Caulerpa (Condition 15). City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 DEPARTMENT OF PUBLIC WORKS CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS ADDENDUM No. 2 DATE: February 28, 2013 TO: ALL PROSPECTIVE PARTICIPANTS SUBJECT: CLARIFICATIONS TO THE REQUEST FOR PROPOSAL Please note the following changes and/ or additions to the plans and specifications for the project indicated above. The bidder shall execute the certification at the end of this addendum, and shall attach the executed addendum to the documents submitted with the bid. PLANS 1. ADDITION: Add the following on Sheet S4, Note 4 and Note 5: To be field verified. SPECIFICATIONS 1. ADDITION: Add the following new Bid Item in the Bidding Schedule on Page 8 of the General Specifications: 11 REMOVE AND REPLACE ALL DAMAGED ACCESS PORT TEES, BRACKETS, AND CONDUITS - Unit Price 2. ADDITION: Add the following new Section 1-5 in the Technical Provisions: Section 1-5 Bid Item 5. MISCELLANEOUS ELECTICAL CONDUIT AND ACCESSORIES The contract bid item for miscellaneous electrical conduit including all damaged access port tees, brackets, and conduits shall include all labor, work and materials and equipment City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 necessary to remove and replace all damaged access port tees, brackets, and conduits per City of Hermosa Beach Maintenance team observation. Work shall include providing, all necessary equipment or any other means necessary to facilitate construction. Payment for Miscellaneous Electrical Conduit and Accessories shall be Unit Price and Quantity for Each Item. QUESTIONS The following are responses to questions received from prospective bidders: 1. Question: Can the Fiberglass Jackets be round in lieu of octagonal as shown on Sheet S5? This will make the similar to the Steel Jacket shown in Section B-B on Sheet S6. Response: Yes, Fiberglass Jackets can be round and must have 2” clear from pile face. 2. Question: Construction Note 4. Calls for replacement of all Access Port Tee along the Electrical Conduit Line. Who is the Manufacturer? Model #? There is not a Line Item in the Bidding Schedule for Replacement of Access Port Tees. Response: Access Port Tee Manufacturer and Model # are to be field verified. Refer to additions to Plans and Specs above. 3. Question: Construction Note #5. Calls for replacement of conduit & brackets per Hermosa Beach Maintenance Teams’ Observation. Can the Observation Report be provided? There is no Line Item in the Bidding Schedule for Replacement of Brackets & Conduit. Response: No Observation Report available. Replacement of conduit & brackets are to be field verified. Refer to additions to Plans and Specs above. 4. Question: Is it possible to have the Fiberglass jacket NOT have the step at the bottom 6” that is shown on Sheet S5? This will make the installation simpler. Response: Yes, step at the bottom 6” can be substituted with “6” ± FX-70-6 hydro- ester multi-purpose marine epoxy mortar, anchor, compressible sealing strip, and bottom form. City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 Please sign the attached acknowledgement of receipt of addendum and enclose the original copy of the acknowledgement in your proposal. If you have any questions or concerns, please call Mr. Mondher Saïed, PE at (310) 318-0211. Sincerely, Frank J. Senteno, P.E. Director of Public Works/City Engineer City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885 ACKNOWLEDGEMENT OF ADDENDUM CIP No. 11-652 HERMOSA BEACH MUNICIPAL PIER STRUCTURAL REPAIRS Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your proposal. Failure to do so may result in disqualification of your firm’s proposal. The undersigned acknowledges receipt of Addendum No. 2 dated February 28, 2013 ATTEST: _____________________________________ Principal: _____________________________________ Address: _____________________________________ By: _____________________________________ Title: _____________________________________