Veterans Park Historic Library and Community Center - Exterior Accessibility Improvements

The project consists of accessibility improvements to the exterior of the building; including a new accessible ramp at the front entry, installation of power assisted entry doors, improvements to the existing ADA parking for employees at the rear of the building, replacement rear egress staircase, exit door replacement, and new landscaping at the front of the building.

Project Details

• Reference ID: 20900
• Department: Public Works- Engineering
• Department Head: Lauren Sablan (City Engineer)

Important Dates

• Questions Due: 2026-03-24T00:30:00.000Z

Meetings & Milestones

Addenda

• Addendum #1 (released 2026-03-25T21:22:09.314Z) —

  ADDENDUM NO. 1

  Date: March 25, 2026

  To: All Bidders

  From: City Engineer

  Subject: Veterans Park Historic Library and Community Center - Exterior Accessibility Improvements

  The following changes for the above subject project shall be incorporated into the plans and specifications of said project and made part thereof:

  1. REFER TO ATTACHMENTS. Replace Specifications pages 21 & 22 with Attachment "Addendum 01 - Revised Specifications Pages 21-22" adding items 95, 96, and 97 to Bid Schedule.

  

  2. REFER TO ATTACHMENTS. Question responses uploaded as file "Addendum 01 - Question & Answer".

  This Addendum shall be acknowledged in your Bid Proposal within the above subject project's OpenGov posting. Failure to do so may result in your bid being rejected.

Evaluation Criteria

• Initial Schedule —

  A.         Within 24 hours after the Notice to Proceed has been given, and prior to the start of any work, the Contractor shall submit to the City Engineer for approval six (6) copies of its proposed construction schedule with subschedules of related activity.  If the Engineer notifies the Contractor that the schedule is unacceptable, the Contractor shall submit a revised schedule within 5 working days thereafter.

  B.         The construction schedule shall be in the form of bar charts with major activities of the project listed in chronological order showing the dates for beginning and completion of each activity.

  C.         The construction schedule shall also contain:

  1.         An economic component showing the cost of each activity, the anticipated monthly earnings and a cash flow diagram.

  2.         A products availability schedule, which shall show the availability dates for contractor furnished equipment affecting the progress of the work, indicate the required delivery dates for City furnished materials and equipment and indicate the required installation date for utility-furnished equipment.

• Commencement, Prosecution, and Completion of Work —

  A.         Notice to Proceed: The Contractor is not authorized to perform any work under this specification until he has received from the City an official notification to commence work.  The date on which the notification is received by the Contractor is herein referred to as the Notice to Proceed.  The Contractor shall commence work within ten (10) calendar days after Notice to Proceed.  A copy of the Notice to Proceed is included in these specifications.  The notification to commence work will not be issued until the contract is properly executed, bonds are furnished and approved, and insurance has been submitted and approved.

  B.         Prosecution of the Work:  Work shall be continued at all times with such force and equipment as will be sufficient to complete it within the specified time.  The Contractor expressly proposes that he has taken into consideration and made allowances for all ordinary delays and hindrances to the work to be performed and that he will complete the work within the specified time.

  C.         Required Contract Completion: Facility shall be made ready for service within 40 working days after the Notice to Proceed is issued.  Work on Saturdays or after hours requires prior consent of the City Engineer and is subject to Cost of Overtime Construction Inspection. Work on Sundays or City holidays is generally not permitted.

• City's Representative —

  The City Engineer (sometimes herein called "Engineer") shall be the representative of the City and, except as otherwise expressly provided herein, shall make all decisions and interpretations to be made by the City under the provisions of the contract documents.

• Changes Initiated by City —

  The City reserves the right to make such alterations, deviations, additions to or deletions from the plans drawings and specifications, including the right to increase or decrease the quantity of any item or portion of work or to omit any item or portion of the work, and to require such changes in the work as are determined by the City Engineer to be necessary or advisable for proper completion or construction of the whole work contemplated.

• General —

  A.         The Contractor shall submit samples, drawings, and data for the Engineer's approval which demonstrate fully that the construction, and the materials and equipment to be furnished will comply with the provisions and intent of these plans and specifications.

  B.         Specific items to be covered by the submittals shall include, as a minimum, the following:

  1.         For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement drawings and schedules necessary.

  2.         For conduits, submit a detailed layout of the conduit with details of bends and fabricated specials and furnish any other details necessary. Show location of shop and field welds.

  3.         For equipment which requires electrical service, submit detailed information to show power supply requirements, wiring diagrams, control and protection schematics, shop test data, operation and maintenance procedures, outline drawings, and manufacturer's recommendation of the interface/interlock among the equipment.

  4.         For mechanical equipment submit all data pertinent to the installation and maintenance of the equipment including shop drawings, manufacturer's recommended installation procedure, detailed installation drawings, test data and curves, maintenance manuals, and other details necessary.

  5.         Samples.

  6.         Colors.

  7.         Substitutions.

  8.         Manuals.

  9.         As-built drawings.

  C.        Submit a schedule of submittals.

• General —

  A.         Payment will be made at the price for each item listed on the bidding form as extra work as provided in the General Conditions.

  B.         Initial progress payment will not be made prior to approval by the Engineer of the Schedule of Costs, the Construction Progress Schedule, and the Schedule of Submittals.

  C.        No subsequent progress payment will be made prior to receipt by the Engineer of the monthly revision of the Construction Progress Schedule.

• General —

  Contractor will at its own cost and expense furnish all necessary materials, labor, transportation, and equipment for doing and performing said work and the materials used shall comply with the requirements of the contract documents.  All work shall be performed and completed as required in the contract documents under the direction and supervision, and subject to the approval of the City Engineer, or his designated representative.

• Protection of Persons and Property —

  Notwithstanding any other provision of these specifications, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property, during performance of the work. This requirement will apply continuously and will not be limited to normal working hours. Safety and sanitary provisions shall conform to applicable Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of these are in conflict, the more stringent requirement shall be followed.

• Suspension of Work-Default by Contractor —

  A.         If the Contractor fails to begin the delivery of the material or to commence work as provided in the contract, or fails to make delivery of material promptly as ordered, or to maintain the rate of delivery of material or progress as ordered, or to maintain the rate of delivery of material or progress of the work in such a manner as in the opinion of the Engineer will ensure a full compliance with the contract within the time limit, or fails to timely pay subcontractors or suppliers, or if in the opinion of the Engineer the Contractor is not carrying out the provisions of the contract in their true intent and meaning, written notice will be served on him to provide within a specified time for a satisfactory compliance with the contract.  If he neglects or refuses to comply with such notice, the City may suspend the operation of all or any part of the contract, or it may in its discretion after such notice perform any part of the work or purchase any or all of the material included in the contract or required for the completion thereof at the expense of the Contractor without suspending the contract.

  B.         Upon suspension of the contract, the Engineer, acting in behalf of the City, may in his discretion take possession of all or any part of the machinery, tools, appliances, materials, and supplies that have been delivered by or on account of the Contractor for use in connection therewith and the same may be used either directly by the City or by other parties for it in the completion of the work suspended; in which case the Contractor shall be credited with a reasonable rental therefor, to be determined by the Engineer; or the City may employ other machinery or materials, purchase the material contracted for in such manner as it may deem proper, or hire such force and buy machinery, tools, appliances, materials, and supplies at the Contractor's expense as may be necessary for the proper conduct and completion of the work.  The Contractor shall not make any disposition of the plant, machinery, tools, appliances, supplies, or materials used on or in connection with the work, either by sale or conveyance, inconsistent with these provisions.  The Contractor shall comply with any written order of the Engineer to re-commence the work.

• Working Hours —

  A.         Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 6:00 p.m. Monday through Friday.  City Hall is closed every other Friday.

  B.         Work on Saturdays, Sundays, or City holidays requires prior consent of the City Engineer and is subject to Cost of Overtime Construction Inspection.

  C.         City holidays are:

  New Year's Eve

  New Year's Day

  Martin Luther King, Jr. Day

  Presidents' Day

  Memorial Day (last Monday in May)

  Independence Day

  Labor Day

  Veterans Day

  Thanksgiving Day

  Friday after Thanksgiving Day

  Christmas Eve

  Christmas Day

• Indemnity Standard Specifications —

  The indemnity provisions shall be as follows.  

   

  11.01-1     Contractor’s Duty

  To the maximum extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representative), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents, including without limitation, the payment of all consequential damages, attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”).  Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim.  Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.  Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees.  This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.

   

  11.01-2     Civil Code Exception

  Nothing in this Section 11.01 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

   

  11.01-3     Nonwaiver of Rights

  Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to these Contract Documents.  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. 

   

  11.01-4     Waiver of Right of Subrogation

  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 arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.

   

  11.01-5     Survival

  The provisions of this Section 11.01 shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that 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 a Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

• Registration of Contractors and Subcontractors —

  Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code of the State of California and submit the number and classification of said licenses.

  All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to the Department of Industrial Relations (DIR).

• General —

  A.         The Contractor shall furnish all materials needed to complete the work and installations required under the terms of this contract, except those materials specified to be furnished by the City.

  B.         The Contractor shall submit satisfactory evidence of compliance with the specifications of such materials to be furnished and used in the work as the Engineer may require. Materials incorporated in the work and not specifically covered in the specifications shall be the best of their kind. Unless otherwise specified, all materials and equipment incorporated in the work under the contract shall be new.

• Suspension of Work-Contract without Fault —

  The work may be suspended in whole or in part when determined by the City Engineer that such suspension is necessary in the best interest of the City, regardless of fault by the Contractor.  In such event, the Contractor shall comply immediately with any written order of the Engineer suspending the work and shall comply with any written order of the Engineer re-commencing the work.

• No Assignment —

  Contractor shall not assign the contract or his interest therein in whole or in part without the prior written consent of the City Council, which may be withheld in the City's sole discretion.

• Questions Prior to Opening Bid —

  Questions regarding documents, discrepancies, omissions, or intent of specifications or drawings, shall be communicated to the City Engineer, in writing, at least ten (10) working days prior to opening of bids, to provide time for issuing and forwarding an addendum should the City consider an addendum necessary.  The City will not be responsible for oral interpretation of the specifications and drawings.

• Minimum Scope of Insurance —

  Contractor shall maintain minimum insurance coverage, at least as broad as following:

  A.         Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

  B.         Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

  C.        Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.  California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees.  In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:

  “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to under­ take 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.”

• Protection from Hazards —

  A.         Trench Excavation Safety Plans:  Attention is directed to the provisions of Section 6705 of the Labor Code. Excavation for any trench 5 feet or more in depth shall not begin until the Contractor has received approval from the Engineer of the Contractor's detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California.

  B.         Confined Spaces:

  1.         Tests for the presence of combustible or dangerous gases shall be made with an approved device immediately prior to a worker entering a confined space and at intervals frequent enough to ensure a safe atmosphere during the time a worker is in such a structure. A record of such tests shall be kept at the job site.  Sources of ignition, including smoking, shall be prohibited in any confined space until after the atmosphere within the confined space has been tested and found safe.  Note: Confined spaces for the purpose of this Article shall mean the interior of storm drains, sewers, vaults, utility pipelines, manholes, reservoirs, and any other such structure which is similarly surrounded by confining surfaces so as to permit the accumulation of dangerous gases or vapors.

  2.         No employees shall be permitted to enter or remain within a confined space until such confined space is free of concentrations of harmful gases, and lack of oxygen, unless the employee is wearing suitable and approved respiratory equipment.  Confined spaces that contain or that have last been used as container of toxic gases, light oils, hydrogen sulfide, corrosives, or poisonous substances, shall, in every case, be tested by means of approved devices or chemical analysis before being entered without wearing approved respiratory equipment.  Reservoirs, vessels, or other confined spaces having openings or manholes in the side as well as in the top shall be entered from the side opening or manholes when practicable.

  C.         Material Safety Data Sheet:  Attention is directed to the provisions of General Industry Safety Orders, Section 5194, Title 8, California Administrative Code.  The Contractor shall submit to the Engineer a Material Safety Data Sheet (MSDS) for each hazardous substance proposed to be used, ten days prior to the delivery of such material to the job site or use of such material at a manufacturing plant where the Engineer is to perform an inspection.  For materials which are to be tested in City laboratories, the MSDS shall be submitted with the sample(s).  Hazardous substance is defined as any substance included in the list (Director's List) of hazardous substances prepared by the Director, California Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may result in actions as provided in Article 5, "SUSPENSION OR TERMINATION OF CONTRACT", of these General Conditions.

• Quality and Workmanship —

  All materials must be of the specified quality and equal to approved samples, if samples have been required.  All work shall be done and completed in a thorough, workmanlike manner, notwithstanding any omission from the specifications or the drawings, and it shall be the duty of the Contractor to call attention to apparent errors or omissions and request instructions before proceeding with the work.  The Engineer may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding upon the Contractor as though contained in the original specifications or drawings.  All work performed under this Specification will be inspected by the Engineer as provided in Paragraph 8.04.  All work performed within City or County street or State of California freeway rights of way shall meet the requirements of the agency having jurisdiction.  All materials furnished and all work done must be satisfactory to the Engineer.  Work, material, or equipment not in accordance with this Specification, in the opinion of the Engineer shall be made to conform thereto.  Unsatisfactory material and equipment will be rejected, and if so ordered by the Engineer, shall, at the Contractor's expense, be immediately removed from the vicinity of the work.

• Revised Schedules —

  A.         After start of the work, the Contractor shall submit revised construction schedules not later than the 1st and 15th day of each month thereafter until completion of the contract.

  B.         The revised schedules should show any significant changes in activities since submission of the previous schedule with revised projections of progress and completion.  It should also provide a narrative report of problem areas, anticipated delays and the impact on the schedule, corrective action recommended and its effect, and the effect of changes on schedules of other contractors involved with the work.

• Schedule of Costs for Payments —

  A.         The Contractor shall submit to the Engineer, within ten (10) working days after Notice to Proceed, six (6) copies of a Schedule of Costs. The Schedule of Costs shall be a detailed breakdown of quantities and prices of work and materials required to perform and complete the contract.

  B.         The total of the price breakdown shall agree with the lump-sum price bid. The price breakdown shall, as a minimum, show the cost of each item of the Construction Progress Schedule, Article 4. Any additional breakdown of the Schedule of Costs, by quantities and prices of work and materials, considered necessary by the Engineer will be as determined by the Engineer. The price breakdown shall not be unbalanced, shall be subject to adjustment between the Engineer and the Contractor, and will be used as a basis for progress payments.

  C.        Acceptance of the Schedule of Costs by the Engineer shall not relieve the Contractor of the responsibility of performing all the work needed to complete the projects at the lump-sum price bid.

• City's Discretion to Extend Time —

  In the event the work required hereunder is not satisfactorily completed in all parts and in compliance with the Contract Documents, City shall have the sole right, in its discretion, to increase the number of working days or not, as may seem best to serve the interest of the City.

• Product Handling —

  A.         Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the provisions of this section.

  B.         Submit priority of processing when appropriate.

• Changes at the Contractor's Request —

  If the Contractor, on account of conditions developing during the progress of the work, finds it impracticable to comply strictly with the plans and specifications and applies in writing for a modification of requirements or of methods of work, such change may be authorized by the Engineer, if not detrimental to the work and if without additional cost to the City.

• Contractor's Representative —

  The Contractor shall at all times be represented on the work in person or by a foreman or duly designated agent.  Instructions and information given by the Engineer to the Contractor's foreman or agent on the work shall be considered as having been given to the Contractor.

• Permits and Licenses —

  A.         The Contractor and all subcontractors shall purchase or hold current and valid City of Redondo Beach Businesses Licenses during the entire period of the contract.  The Contractor shall obtain all permits required by other agencies of the State and County as well as the City of Redondo Beach.  All permits and licenses shall be obtained by and at the expense of the Contractor and/or subcontractors.  The Contractor shall enforce the permit requirements.  Permit fees to the City of Redondo Beach shall be waived.

  B.         Where requirements of the permits differ from those of the drawings and specifications, the more stringent requirements shall apply.

  C.        The Contractor shall be responsible for payment of all assessments, fees, or charges levied or imposed by any governmental or quasi-governmental authority, or public or private utility, in connection with the work during the entire period of the contract.

• Change Orders - Procedure —

  A.         Engineer's Adjustment of Contract Terms:  Changes will be set forth in a contract change order.  If the work to be done or change to be made causes an increase or decrease in the Contractor's cost of performance of the contract, an equitable adjustment may be made as determined by the Engineer.  The contract change order will specify the payment to be made or credit to be taken and adjustment of the contract time, if any.  Payment in accordance with the terms and conditions set forth in a contract change order shall constitute full compensation for all work included therein or required thereby.

  B.         Contractor's Agreement:  Contractor shall proceed with the ordered work, unless another starting date is specified.  If the Contractor agrees with the terms and conditions of the contract change order, he shall indicate his acceptance by signing the original copy and returning it to the Engineer within 3 days.  If the Contractor disagrees with the terms and conditions of such contract change order, he shall proceed with the ordered work and shall submit a written protest in accordance with "E. Protest Procedure."

  C.        Submittal of Contractor's Proposal of Changes:  Prior to issuing an approved contract change order, the Engineer may request that the Contractor submit a proposal covering the changes.  The request will include a description of the work or revised drawings or specifications reflecting changes proposed to be ordered.  Within 3 days after receiving the request the Contractor shall submit his proposal to the Engineer, including any claim for extension of time and any and all compensation which may be necessary as a result of performing the changes.  If the Engineer decides not to issue a contract change order after requesting a proposal from the Contractor, the Contractor will be notified of such decision in writing.

  D.        Issuance of Engineer's Order: The Engineer may, in writing, order the Contractor to proceed with the work prior to receipt of an approved contract change order therefor.  In such case, the Engineer will as soon as practicable issue an approved contract change order for the work and the provisions "E. Protest Procedure" shall be fully applicable to such subsequently issued contract change order.  The Contractor shall keep full and complete records of the cost of the ordered work until the method of compensation is determined and the approved change order is received, and shall permit the Engineer to have access to such records.  An approved change order shall supersede any previously issued written order covering the same work.

  E.         Protest Procedure: 

  1.         Should the Contractor disagree with any terms or conditions set forth in an approved change order which he has not executed, he shall submit a written protest to the Engineer within 3 days after the receipt of such approved contract change order.  The protest shall state the points of disagreement, contract references, quantities, and costs involved.  The Engineer shall consider and investigate such protest within a reasonable time and his decision thereon shall be conclusive and binding against both parties to the contract, except in the case of gross error.  If a written protest is not submitted, adjustment of the contract time and payment will be made as set forth in the approved contract change order and shall constitute full compensation for all work included therein or required thereby.  An unprotested approved change order will be considered as an executed contract change order.

  2.         When the protest concerning an approved contract change order relates to compensation, the Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

  3.         When the protest concerning an approved contract change order relates to the adjustment of contract time for the completion of the work, the time to be allowed therefor will be determined as provided in Section 3.03.

  F.         Extra Work:

  1.         Work not covered by any of the items on the proposal for which there are proposal prices or by any combination of such items, as determined by the Engineer, and work specifically designated as extra work in the drawings or specifications is extra work.  The Contractor shall furnish the required labor, material, and equipment and shall perform such extra work upon receipt of a contract change order therefor.  All labor, material, and equipment shall be subject to approval of the Engineer.

  2.         Extra work will be paid for by an adjustment of the contract price or on a force-account basis as provided in Section 7.06, or a combination of both, as determined by the Engineer.  Extra work will not be paid for unless ordered in writing by the Engineer.  The determination of the Engineer on all questions relating to extra work shall be conclusive and binding against both parties to the contract except in the case of gross error.

• Schedule of Submittals —

  Contractor shall provide the City with a schedule of submittals within ten (10) working days from the date of Notice of Award.

• Progress Payments —

  A.         Determination by Engineer:  The Engineer will make an approximate measurement of all approved materials delivered to the job site and work performed by the Contractor through the last working day of each calendar month for the purpose of making a progress payment. No payment will be made for the fabrication or production of materials off the job site, or for materials stored off the job site. The Engineer will classify the work according to items listed on the Bidding Form and will estimate the value thereof and the basis of prices shown, or as extra work. The classification of the work performed and the value thereof will be based on the Schedule of Costs submitted by the Contractor.

  B.         Five Percent Retention:  From the amount thus determined, five percent thereof will be deducted as retention by the City for performance security. The amount of all payments previously made to the Contractor and any amounts due to the City from the Contractor for supplies, materials, services, damages, or otherwise deductible under the terms of the contract will be deducted from the remainder. The remaining amount will be paid as a progress payment by the City to the Contractor thirty (30) days from the date that the undisputed invoice is received.

  C.        Additional Retention:  In addition to the retention under Paragraph B above, the whole or part of any payment of the estimated amount due the Contractor may be withheld as an additional retention if such course be deemed necessary to protect the City from loss due to the Contractor's failure to protect any of the following: (1) meet his obligations; (2) expedite the work; (3) correct rejected work; (4) settle damages as provided; or (5) produce substantial evidence that no claims will or have been filed, and/or if it has been determined that unpaid balance may be insufficient to complete the work.

  D.        Effect of Progress Payment:  All material and work covered by progress payments thereupon become the sole property of the City, but this provision shall not be construed as relieving the Contractor from sole responsibility for all materials and work upon which payments have been made or the restoration of any damaged work as a waiver of the City's right to require fulfillment of all of the contract terms.

  E.         Contractor Retention Escrow Accounts:  Contractor may, at it’s own expense, elect to have the said five percent retention paid to a qualified escrow agent, pursuant to Public Contracts Code § 22300, and any escrow agreement shall conform to the requirements of that section and be approved by the City.  City approval process includes approval by the City Attorney, the City Council and the City Financial Services Department.  Said City approval could take up to 120 calendar days.

• Trade Names and "Or Approved Equal" Provision —

  Whenever in the specifications or in the drawings the name or brand of a manufactured article is used it is intended to indicate a measure of quality and utility or a standard. Except in those instances where the product is designated to match others in use on a particular improvement either completed or in the course of completion, the Contractor may substitute any other brand or manufacture of equal quality and utility on approval of the Engineer, provided the use of such brand or manufacture involves no additional cost to the City.

• Standard of Performance —

  Contractor agrees that all services performed hereunder shall be provided in a manner commensurate with the highest professional standards and shall be performed by qualified and experienced personnel; that any work performed by him under the contract will be performed in the best manner; that any material furnished by him will be the best of its class; and that both work and materials will meet fully the requirements of these plans and specifications.

• Decision of Engineer Final —

  The determination of the City Engineer to suspend the work under the provisions of either section 5.01 or 5.02 shall be final and binding upon both parties.

• Differing Site Conditions —

  A.         Attention is directed to Section 7104 of the Public Contract Code.

  B.         The Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of:

  1.         Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required by law to be removed to a Class I, Class II, or Class III disposal site.

  2.         Subsurface or latent physical conditions at the site differing materially from those indicated in its contract.

  3.         Unknown physical conditions at their site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract.

  C.        The Engineer will promptly investigate the conditions.  If he finds that such conditions do materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the work under this contract, an equitable adjustment will be made, as determined by the Engineer.

  D.        In the event of disagreement between the Contractor and the Engineer whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any completion date required by the contract, but shall proceed with all work to be performed under the contract.

  E.         The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this contract which pertain to the resolution of disputes and protests.

• Obtaining Drawings and Documents —

  The Project drawings are available within this Project posting on the City's OpenGov Procurement portal located at: https://procurement.opengov.com/portal/redondo. In order to qualify to bid this Project, bidders must obtain and properly execute the contract documents electronically through the Project posting on the City's OpenGov Procurement portal.

  To be included on the Plan Holder’s List for this Project, a prospective bidder must log in and subscribe to the City of Redondo Beach within OpenGov and follow this Project. It is not required to be on the Plan Holder’s List. However, only those who are on the Plan Holder’s List will be automatically notified of changes to the Project.  This information will also be posted on the City website.  Receipt of any Addendum must be acknowledged by the bidder.

  Plans and specifications are only available from the City electronically.  Paper copies are not available from the City.  Bidders may download contract documents from the City’s OpenGov Procurement portal located at: https://procurement.opengov.com/portal/redondo.

• Minimum Limits of Insurance —

  Contractor shall maintain minimum insurance limits no less than the following:

  A.        General Liability:  $2,000,000 per occurrence for bodily injury, personal injury and property damage.  The general aggregate limit shall apply separately to this project/location.

  B.        Automobile Liability:  $1,000,000 per accident for bodily injury and property damage.

  C.        Employer’s Liability:  $1,000,000 per accident for bodily injury or disease.

  D.        Workers' Compensation insurance as required by the State of California.

• Delays and Extensions of Time for Contractor —

  A.         The Contractor shall take reasonable precautions to foresee and prevent delays to the work.  In the event of any delay to the work, the Contractor shall revise his/her sequence of operations, to the extent possible under the terms of the contract, to offset the delay.

  B.         If any delay to the work is caused by circumstances within the Contractor's control, it is not excusable and not compensable, and the Contractor will not be entitled to any extension of time or to any other compensation for damages resulting directly or indirectly therefrom.

  C.        If any delay having a direct effect on the work is caused by circumstances beyond the control of the Contractor except for causes of delay specified in Paragraph 3.03-D., such delay may be excusable and may entitle the Contractor to an equivalent extension of time, but not to any other compensation.  Excusable but not compensable causes include, but are not limited to, labor disputes, weather conditions unfavorable for prosecution of the work, and acts of God.

  D.        If any delay having a direct effect on the work is caused by failure of the City to provide information as specified, or necessary instructions for carrying on the work, or to provide the necessary right of way or site for installation, or failure of a utility to remove or relocate an existing facility such delay may be compensable and may entitle the Contractor to an equivalent extension of time; and may entitle the Contractor to compensation for damages resulting directly from any of the causes of delay specified in this paragraph.

  E.         The Contractor shall notify the Engineer in writing of any delay having a direct effect on the work and the causes thereof within 15 days from the beginning of such delay.

  F.         Any claim for an extension of time or for compensation for damages resulting from delay shall be made in writing to the Engineer not more than 30 days after the ending of such delay.  The Contractor shall provide data showing the effect of the delay on the specified completion of the work, that the delay was beyond the control of the Contractor, and that the Contractor has revised his construction schedule, to the extent possible, to offset the delay.  No extension of time or compensation for damages resulting from delay will be granted unless the delay affects the timely completion of all work under the contract or the timely completion of a portion of the work for which a time of completion is specified.

  G.        The Engineer will investigate the facts and ascertain the extent of the delay, and his findings thereon shall be final and conclusive, except in the case of gross error.  In the event of a gross error, the Engineer may reconsider his findings and thereafter his findings shall be final and conclusive.

  H.        Failure of the Contractor to give written notice of a delay, or to submit or document a claim for an extension of time or for damages resulting from delay in the manner and within the times stated above shall constitute a waiver of all claims thereto.

  I.          When a Contractor experiences two concurrent delays, one compensable and the other excusable, no compensation other than an extension of time will be allowed.

  J.         An extension of time must be approved by the Engineer to be effective, but an extension of time whether with or without consent of the sureties, shall not release the sureties from their obligations, which shall remain in full force until the discharge of the contract.

• Cost of Overtime Construction Inspection —

  A.         Overtime construction work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor.  For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, alternating City Hall closed Fridays, or holidays the charges will be as shown in the following schedule: 
  
  

  Class	Charge per Hour
  Civil Engineer	$75.00
  Associate Engineer	$70.00
  Assistant Engineer	$60.00
  Construction Inspector	$50.00

    

  Other equipment as identified in City Council Resolution, Fees for Public Works permits, inspections, reviews and services for sewer connection fees.

  B.         There will be no charges for the inspection of overtime work ordered by the City Engineer or required by the specifications.

• Proposal Forms - Submittal —

  The proposal shall be made on the forms provided electronically through the City’s procurement system with the blank spaces properly filled in. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein.  Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection.  All forms requiring specific information shall be completed with all applicable information for a bid to be considered responsive.  Special attention should be given to completing:

   

  A.         Bidder’s Qualifications and References;

  B.         Designation of Subcontractors; and

  C.         Bidder’s Proposal Including the Bid Bond

             

  Proposals must be submitted electronically directly through the City's OpenGov Procurement portal for this Project.  Proposals received after bid opening time as provided herein will not be considered.  Prior to the stated bid opening time, a bidder may withdraw his proposal without prejudice by clicking the "unsubmit" button within OpenGov.

• Remainder of Contract in Effect —

  Suspension of the contract, or any part thereof, shall operate only to terminate the right of the Contractor to proceed with the work covered by the contract or the suspended portion thereof.  The provisions of the contract permitting the City to make changes and to make proper adjustment of accounts to cover any increase or decrease of cost on account of such changes and all other provisions of the contract except those giving the Contractor the right to proceed with work on the items covered by the suspension, shall be and remain in full force and effect after such suspension and until the contract shall have been completed and final payment or final adjustment or accounts made.

• Traffic Regulation —

  A.         Temporary Safeguards:  During the performance of the work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his judgment for the prevention of accidents; and he shall take other precautions as necessary for public safety including, but not limited to, traffic control.  Traffic control shall be conducted in accordance with the latest edition of the California Manual on Traffic Control Devices (CAMUTCD).

  B.         Submittals:  Contractor shall submit at least 15 days prior to work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of these specifications.

  C.         Quality Assurance:

  1.         No changes or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the Engineer and all agencies having jurisdiction.

  2.         Contractor shall immediately notify the Engineer and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan.

• Waiver —

  Waiver by City of any breach of any term, covenant, or condition contained in the contract documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained therein, whether of the same or a different character.

• Approval of Materials —

  A.         The Contractor shall furnish without additional cost to the City such quantities of construction materials as may be required by the Engineer for test purposes. He shall place at the Engineer's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. The Contractor shall prepay all shipping charges on samples.  No samples are to be submitted with the bids unless otherwise specified.

  B.         Each sample submitted shall be labeled.  A letter, in duplicate, submitting each shipment of samples shall be mailed to the Engineer by the Contractor. Both the labels on the sample and the letter of transmittal shall indicate the material represented, its place of origin, the names of the producer and the Contractor, the Specification number and title, and a reference to the applicable drawings and specification paragraphs.

  C.        Materials or equipment of which samples are required shall not be used on the work until approval has been given by the Engineer in writing.  Approval of any sample shall be only for the characteristics of for the uses named in such approval and no other. No approval of a sample shall be taken in itself to change or modify any contract requirement.

  D.        Failure of any material to pass the specified tests will be sufficient cause for refusal to consider under this contract any further sample of the same brand or make of that material.

• Climatic Conditions —

  A.         The Engineer may suspend the work whenever weather conditions or conditions resulting from inclement weather are unfavorable for the prosecution of the work.  The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation.

  B.         If the Contractor believes that work should be suspended under this Section 3.04, he may request such suspension.  The delay caused by such suspension may entitle the Contractor to an extension of time but not to any other compensation.

  C.        No extension of time will be granted for suspension of work unless the suspension affects the timely completion of all work under the contract or the timely completion of a portion of the work for which a time of completion is specified.  Determination that the suspension for inclement weather conditions or conditions resulting from inclement weather affects timely completion and entitles the Contractor to an extension of time shall be made and agreed to in writing by the Engineer and the Contractor on each day that work is suspended.  In the event of failure to agree, the Contractor may protest under the provisions of Section 7.07.

  D.        If the work is suspended and an extension of time is granted under this Section 3.04 the Contractor will be entitled to a one day extension of time for each day that he is unable to work at least one-half of his current normal work day; and if the work is suspended at the regular starting time on any work day and the Contractor's workforce is dismissed as a result thereof, then he will be entitled to a one day extension of time whether or not conditions change thereafter and the major portion of the day is suitable for work.

• Defective Work —

  The Contractor shall remove and rebuild at his own expense any part of the work that has been improperly executed, even though it has been included in the monthly estimates.  If he refuses or neglects to replace such defective work, prior to acceptance of the work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his sureties shall be liable therefore.  (See Section 2.14 for curing defects after acceptance of the work).

• Compliance with State Labor Code —

  A.         Contractor acknowledges that this project is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (1) Chapter 1, including without limitation Labor Code Section 1771 and (2) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.  Contractor shall perform all work on the project as a public work.  Contractor shall comply with and be bound by all the terms, rules and regulations described in (1) and (2) as though set forth in full herein.

  B.         California law requires the inclusion of specific Labor Code provisions in certain contracts.  The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 12.03 A above.

  C.        Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work.  Contractor shall comply with and be bound by Labor Code Section 1810.  Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours.  The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.  Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 and 1/2 times the basic rate of pay.

   

  D.        For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions.  Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages (described in Section 12.04 below).  Contractor shall diligently take corrective action to halt or rectify any failure.

  E.         Pursuant to Labor Code Section 1771.4, Contractor shall post job site notices, as prescribed by regulation.

  F.         Pursuant to Labor Code Section 1771.4(a)(1), project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

• Deductibles and Self-Insured Retentions —

  Any deductibles or self-insured retentions must be declared to and approved by the City.  At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

• Shop Drawings —

  A.         Scale required:  Make all shop drawings accurately to a scale sufficiently large to show all pertinent features of the item and its method of connection to the work.

  B.         Type of prints required:  Make all shop drawings prints in blue or black line on white background. Reproductions of City drawings are not acceptable.

  C.        Size of drawings required:  The overall dimensions of each drawing submitted to the Engineer shall be equal to one of the City's standard sheet sizes as listed below:

  Sheet Sizes

  Height X Width

  11" X 8 1/2"

  11" X 17"

  24" X 36"

   

  The title block shall be located in the lower right hand corner of each drawing and shall be clear of all linework, dimensions, details, and notes.

• Final Payment and Release of Claims —

  A.         Notice of Acceptance and final payment:  Upon completion of the work as determined by the Engineer, a Notice of Acceptance will be issued, and a Notice of Completion will be recorded with the County. The City will pay to the Contractor 35 days after issuing the Notice of Acceptance, or as soon thereafter as practicable, the remaining amount due the Contractor, less all prior payments and advances whatsoever to or for the account of the Contractor for supplies, materials, services, damages, or otherwise deductible under the terms of the contract. All prior estimates and payments including those relating to extra work shall be subject to correction by this payment, which throughout this contract is called "final payment."  A copy of the Notice of Acceptance is included in these specifications.

  B.         Release of Claims:  Neither the final payment nor any part of the retained percentage shall become due until the Contractor shall have delivered to the City a complete release of all claims against the City arising under and by virtue of this contract and related to undisputed amounts, including claims of subcontractors and suppliers of either materials or labor. If disputed contract claims in stated amounts are unresolved 35 days after issuing the Notice of Acceptance, a progress payment of undisputed amounts and retained funds will be made by the City upon receipt of a release specifically excluding the disputed contract claims. Upon resolution of disputed claims, the Contractor shall execute a supplemental release and, upon delivery, the City will make final payment. A copy of the release form is included in these specifications.

  C.        Acceptance of final payment constitutes release:  The acceptance of the final payment by the Contractor shall be and shall operate as a release to the City of all claims and of all liability to the Contractor for all things done or furnished in connection with the work and for every act and neglect of the City and others relating to or arising out of this work. No payments, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligation under this contract or the bonds for payment and for faithful performance.

• Allocation of Cost —

  A.         Contractor at fault:  When the work is suspended in whole or in part in accordance with the provisions of section 5.01 any cost to the City in excess of the contract price, arising from the suspension of the work, or from work performed or purchase made by the City, either before or after suspension, and required on account or failure of the Contractor to comply with his/her contract or the orders of the Engineer issued in pursuance thereof, will be charged to the Contractor and his/her sureties, who shall be liable therefor.  If the net credits shall be in excess of the claims of the City against the Contractor, the balance will be paid to the Contractor or his legal representative.

  B.         Contractor without Fault:

  1.         Where the work is suspended in whole or in part in accordance with the provisions of section 5.02, the Contractor will be compensated for damages incurred due to delays for which the City is responsible if such delays are unreasonable in the circumstances involved and were not within the contemplation of the parties when the contract was awarded to the Contractor.  Such actual costs will be determined by the Engineer.  The City will not be liable for, and in making this determination the Engineer will exclude, all damages which the Engineer determines the Contractor could have avoided by and reasonable means including, without limitation, the judicious handling of forces, equipment, or plant.

  2.         If the Contractor desires payment for such a delay it shall, within 30 days after the beginning of the delay, file with the City a written request and report as to the cause and extent of the delay.  The request for payment or extension must be made at least 15 days before the specified completion date. Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the City to consider such request.

• Data Furnished by the Contractor —

  The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as he may desire respecting the character of the materials and the progress and manner of the work, including all information necessary to determine its costs, such as the number of men employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data.

• Colors —

  Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to the Engineer for his review and selection whenever a choice of color or pattern is available in a specified product.  Label each chart naming the source, the proposed location of use on the project, and the project.

• Wage Rates —

  A.         State Prevailing Wages: The Contractor shall pay its workers on this City project, in accordance with the prevailing wage rate.

  1.         Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.  Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

  2.         Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.  The Contractor shall, as a penalty to the City, forfeit the maximum amount allowable by law for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.  The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor.

  3.         The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him of any wage rate in excess of the general prevailing rates.  All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his own expense.

  4.         The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification, or type of worker employed on the project.

  5.         Pursuant to Section 1773.8 of the Labor Code, travel and subsistence payments shall be made to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed with the Director of Industrial Relations, State of California.

  B.         Federal Prevailing Wages:  In the event this is a federally assisted construction contract, Contractor acknowledges that federal labor standards provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts, will be enforced.  Contractor understands that in the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www.access.gpo.gov/davisbacon/ca.html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm), the higher of the two will prevail. The City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him of any wage rate in excess of the federal wage rates.  All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at its own expense.

  C.        Payroll Records:  Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records, including the street address, city and county, and shall, within five working days, provide a notice of a change in location and address.  The Contractor and every subcontractor shall keep an accurate record showing the name of and the actual hours worked each calendar day and each calendar week by each worker employed by him in connection with the work.  Upon request by the City Engineer, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance.

• Proposal Form —

  The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the proposal shall be typewritten or legibly printed on the proposal.  The bidder shall sign the proposal with his usual signature.  An individual submitting a proposal or a partner signing for a partnership shall sign in the presence of a Notary Public and the notarial acknowledgment shall be attached to the proposal.  A partner shall sign for a partnership and the names and addresses of all partners shall be given.  An officer shall sign for a corporation, the corporate name shall be attested by the corporate seal, and the names and titles of all officers of the corporation shall be given.  A signature other than a corporate officer's will be accepted if an authenticated power of attorney is attached.

• Ordering Materials —

  One copy of each of the Contractor's purchase orders for materials forming a portion of the work must be furnished to the Engineer, if requested.  Each such purchase order shall contain a statement that the materials included in the order are subject to inspection by the City.  Materials purchased locally will be inspected at the point of manufacture or supply, and materials supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except when other inspection requirements are provided for specific materials in other sections of this Specification.

• Other Insurance Provisions —

  The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

  A.         Additional Insured Endorsement:

  1.         General Liability:  The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.  General liability coverage can be provided in the form of an endorsement to the contractor’s insurance, or as a separate owner’s policy.

  2.         Automobile Liability:  The City, its officers, elected and appointed officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor.

  B.         For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, elected and appointed officials, employees, and volunteers.  Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

  C.        Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

  D.        Each insurance policy shall be endorsed to state that the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

  E.         Each insurance policy shall be in effect prior to awarding the contract and each insurance policy or a successor policy shall be in effect for the duration of the project.  The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract on the Contractor’s part.

• Traffic Control Devices —

  Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the California Manual on Traffic Control Devices (CAMUTCD).

  A.         Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction.

  B.         Warning signs used for nighttime conditions shall be reflectorized or illuminated.  "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs.

• Communications Regarding the Work —

  After award of the contract, all communications regarding the work covered by this Specification shall be addressed to the City Engineer and mailed to:

  	City of Redondo Beach
  	Public Works Department
  	Engineering Services Division
  	P.O. Box 270
  	Redondo Beach, California 90277-0270
  Or hand delivered to:
  	City of Redondo Beach
  	Public Works Department
  	Engineering Services Division
  	415 Diamond Street, Door 2
  	Redondo Beach, California 90277

• Force-Account Payment —

  A.         Computation of Payment: When work is to be paid for on a force-account basis, the Contractor will be paid the costs of labor, materials, and equipment as provided in Paragraphs 7.05.B, 7.05.C and 7.05.D, except when agreement has been reached to pay in accordance with Paragraph 7.05.E.  To the total of the costs computed as provided in Paragraphs 7.05.B, 7.05.C and 7.05.D, there will be added a markup of 20 percent to the cost of labor, 15 percent to the cost of materials, and 15 percent to the equipment rental. These markups shall constitute full compensation for profit and for all overhead costs which include superintendence, bond and insurance premiums, and all other items of expense not specifically designated as cost or equipment rental in Paragraphs 7.05.B, 7.05.C and 7.05.D. The total payment made as provided above shall constitute full compensation for work performed on a force-account basis.

  It is understood that labor, materials and equipment may be furnished by the Contractor or by a subcontractor or by others on behalf of the Contractor.  When work paid for on a force-account basis is performed by forces other than the Contractor's organization, the Contractor shall reach agreement with such other forces as to the distribution of the payment made by the City for such work and no additional payment therefor will be made by the City.

  B.         Labor:  The cost of labor used in performing the work, whether the employer is the Contractor, subcontractor, or other forces, will be the sum of the following:

  1.         Actual Wages. Actual wages paid to other workers, including foremen devoting their exclusive attention to the work in question. The actual wages shall include payments to, or on behalf of, workers for health and welfare, pension, vacation, and similar purposes.

  2.         Labor Surcharge. To the actual wages, as defined in Paragraph 7.05.B.1 above, will be added 27 percent which percentage shall constitute full compensation for all payments imposed by state and federal laws, and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in Paragraph 7.05.B.1 above and the amount paid for travel and subsistence as specified in Paragraph 7.05.B.3 following.

  3.         Travel and Subsistence. The amount paid to the workers for travel and subsistence as defined in applicable collective bargaining agreements filed with the Department of Industrial Relations under the provisions of Section 1773.8 of the Labor Code.

  C.        Materials:  Only materials incorporated in the work will be paid for, the cost of which will be the cost to the purchaser, whether Contractor, subcontractor, or other forces, from the supplier thereof, except as the following are applicable:

  1.         If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City notwithstanding the fact that such discount may not have been taken.

  2.         If materials are procured by the purchaser by any method which is not a direct purchase from a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer. No markup except for costs incurred in the handling of such materials will be permitted.

  3.         If the materials are obtained from a supply or source owned wholly or in part by the purchaser, payment therefor will not exceed the price paid by the purchaser for similar materials furnished from said source on contract items or the current wholesale price for such materials delivered on the job site, whichever price is lower.

  4.         If the cost of such materials is excessive, in the opinion of the Engineer, then the cost of such materials shall be deemed to be the lowest current wholesale price at which such materials are available in the quantities concerned delivered to the job site, less any discounts as provided in Paragraph 7.05.C.1 above.

  5.         If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof, the cost shall then be determined as provided in Paragraph 7.05.C.4 above.  The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and profit on such materials.

  D.        Equipment:  The Contractor will be paid for the use of equipment at the rental rates established as provided in Paragraph 7.05.D.1 and 7.05.D.2 below, which rates shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Operators of rented equipment will be paid for as provided in Paragraph 7.05.B above.  All rented equipment shall, as determined by the Engineer, be in good working condition for the purpose for which it is to be used.  Unless otherwise specified, manufacturers' ratings shall be used to classify equipment for the determination of applicable rental rates.

  1.         Equipment on the work: For the use of any equipment normally required for the contract regardless of whether the equipment is already on the work or is to be delivered to the work and regardless of ownership and any rental or other agreement entered into by the Contractor for the use of such equipment, the Contractor will be paid as provided herein at the current local rental rates used by the State of California. (Copies of the Equipment Rental Rates used by the State will be furnished on request.)  Individual pieces of equipment not listed and having a replacement value of Two Hundred Dollars ($200) or less shall be considered to be tools or small equipment and no payment will be made for their use on the work.  The hourly rates for equipment not listed under the schedules of rental rates set forth by the State of California shall be those agreed upon by the Contractor and the Engineer prior to the use of the equipment, except that in no case shall the rental rates exceed those of established distributors or equipment rental agencies.  In computing the hourly rental of equipment, less than 30 minutes shall be considered 1/2 hour, except that the minimum rental time to be paid per day shall be one hour. Rental time will not be allowed while equipment is inoperative due to breakdowns or non-working days.  The rental time of equipment to be paid for shall be the time the equipment is in operation on the force-account work being performed. Loading and transporting costs will be allowed when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the force-account work on other than the force-account work.

  2.         Equipment not on the work: For the use of equipment not required under the contract and moved in on the work and used exclusively for force-account work, the Contractor will be paid as provided herein and at the rates agreed upon by the Contractor and the Engineer, except that in no case shall the rental rates paid exceed those of established distributors or equipment rental agencies.  The rental period shall begin at the time the equipment is unloaded at the site of the force-account work and shall terminate at the end of the day on which the order to discontinue the force-account work is given to the Contractor by the Engineer, except that the minimum total rental time to be paid for shall be not less than eight hours.  Except as provided in the last sentence of this paragraph, the Contractor will be paid the cost of transporting the equipment to the work and its return to its original location, provided the original location of the equipment has been agreed to in advance by the Engineer, and provided further that such costs shall not exceed the applicable minimum Public Utility Commission's established rates for transporting the equipment. Should the equipment be transported by low bed trailers, hourly rates charged by established haulers will be paid. Also, the City will pay for loading and unloading costs. Should the Contractor desire the return of the equipment to a location other than its original location, the City will pay the cost of transportation in accordance with the above provisions, provided such costs does not exceed the cost of moving the equipment to the work. Payment for transporting and loading and unloading the equipment as provided herein will not be made if the equipment is used on the work in any other way than upon the force-account work.

  E.         Work Performed by Special Forces or Other Special Services:  When the Engineer and the Contractor, by agreement, determine that a special service or an item of force-account work cannot be performed by the forces of the Contractor or those of any of his subcontractors, such service or force-account work item may be performed by a specialist.  Invoices of such services or item or force-account work on the basis of the current market prices thereof may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization. In those instances wherein the Contractor is required to perform force-account work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of force-account work performed in such facility may, by agreement, be accepted as a specialist billing.  To the specialist invoice price, less credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Paragraph 7.05.A above.

  F.         Reporting and Invoicing:  All force-account work shall be reported daily upon Daily Cost of Extra Work Sheets furnished by the Engineer to the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of force-account work done.  Complete detailed invoices covering the force-account work shall be submitted for payment no later than 15 days after the completion of the work.  Those not so detailed will not be processed for payment until details are furnished.  The charges for work performed by the Contractor, by a subcontractor, and by an employee of a subcontractor shall be reported separately. Substantiating invoices from suppliers, vendors, and subcontractors shall be included with the Contractor's invoices. The Contractor shall permit examination of accounts, bills, and vouchers relating to the force-account work, when requested by the Engineer.

• Safety Hazard —

  The Engineer may suspend operations if he determines that an imminent safety hazard exists.

• Execution —

  A.         Roads subject to interference from the work covered by this contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the work is finished.  Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.

  B.         Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section.  The maximum delay time shall be approved by the agency having jurisdiction.

  C.        Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need.  Contractor shall remove the markings by abrasive blasting when no longer required.

  D.        Convenient access to driveways and buildings in the vicinity of work shall be maintained as much as possible.  Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and kept in good condition.

  E.         When leaving a work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

• Contract Drawings —

  A.         The drawings which form a part of this specification are bound in a separate volume.

  B.         The City will accept no responsibility for errors resulting from misinterpretation or scaling of the drawings.

• Manufacturers' Literature —

  Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly show which portions of the contents are being submitted for review.

• Claims and Protests-Contract Requirements —

  A.         Written Protest:  If work demanded of the Contractor is considered by him to be outside the requirements of the contract, or if he considers any decision of the Engineer to be unfair, he shall, upon such work being demanded or such decision being made, proceed without delay to perform the work or conform to the decision, and shall give written notice of protest to the Engineer within 48 hours. The written notice shall include the date and circumstances of the order or decision and his objections thereto.  The Engineer will consider and investigate the protest and his/her decision thereon shall be final and conclusive, except in the case of gross error. In the event of a gross error, the Engineer may reconsider his/her findings and thereafter his/her findings shall be final and conclusive.  Except for such protests as are made of record in the manner specified, the Contractor waives all grounds for protest to such orders or decisions of the Engineer.

  B.         Written Claim:  No more than 30 days after submitting a protest in accordance with 7.07.A. above or 30 days after completing the protested work, if that is later, the Contractor shall submit to the Engineer his/her claim concerning the matter so noticed.  The claim shall set forth clearly concerning the matter so noticed.  The claim shall set forth clearly and in detail, for each item of additional compensation or time adjustment claimed, the reasons for the claim, the references to applicable provisions of the specifications, the nature and amount of cost or time involved, or both, the computations used in determining such cost or time, or both, and all other pertinent factual data. The Contractor shall furnish such clarification and further available information and data may be requested in writing by the Engineer within the time specified in such request. In addition, he/she shall maintain complete and accurate daily records of the costs of any portion of the work for which additional compensation is claimed, and shall give the Engineer access thereto or certified copies thereof as requested.  Any order or decisions of the Engineer as to which the Contractor has submitted a protest shall be final and conclusive on the Contractor if he fails to submit or document a claim with respect thereto in the manner and within the times above stated, and such failure shall constitute a waiver of all claims in connection therewith, whether direct, indirect, or consequential in nature.

  C.        Written Decision:  After reviewing the written claim submitted by the Contractor and any additional information furnished by the Contractor and after considering the facts of the matter, the Engineer will give the Contractor written notice of the Engineer's final determination regarding the claim.

• Authority of the Engineer —

  On all questions concerning the acceptability of material or machinery, the classification of material, the execution of the work, and conflicting interests of contractors performing related work, the decision of the Engineer shall be final and binding on both parties, except in the case of gross error.  The Engineer will make periodic observations of materials and completed work to observe their compliance with plans, specifications, and design and planning concepts, but he is not responsible for the superintendence of construction processes, site conditions, operations, equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work.

• Proposal Form - Prices —

  The bidder shall include in his bid price(s) any and all expense or costs that may be necessary to complete the Project in accordance with the requirements of the contract.  The bidder shall state for each item on the proposal form, in clearly legible figures, the unit price and item total or lump sum, as the case may be, for which he proposes to supply labor, materials, and equipment and to perform the work required by this Specification.  Alteration of a price by erasure or interlineations must be explained or noted in the proposal over the signature of the bidder.  In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price bid.  In the event of a discrepancy between the unit price bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.  In the event of a discrepancy between the unit price extension and the total amount bid or summaries of totals, the unit price extension total shall prevail.

• Acceptability of Insurers —

  Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.

• Termination of Contract-Default by Contractor —

  A.         The City may terminate the Contractor's performance under the Contract and declare the Contractor in default for any breach of the Contract, which shall include, by way of example and not by limitation: (1) the Contractor fails to begin the delivery of the material or to commence work as provided in the contract; (2) the Contractor fails to make or maintain the rate of delivery of material or progress of work promptly as ordered or required under the contract, or to maintain the rate of delivery of material or progress of the work in such a manner as in the opinion of the Engineer will ensure full compliance with the contract within the time limit; (3) the Contractor fails to make prompt payment to subcontractors, materialmen, laborers or suppliers; (4) the Contractor fails to execute or prosecute the Work properly, or in the manner or location specified in the Contract, or fails to complete the Work entirely on or before any date established for partial or final completion, or fails to maintain a work program or schedule as to ensure the City's interest; (5) if there shall be filed by or against the Contractor in any court a petition in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of the Contractor's property, and within thirty days therefrom the Contractor fails to secure a discharge thereof; (6) the Contractor makes an assignment for the benefit of creditors or petitions for or enters into an agreement or arrangement with its creditors; (7) the Contractor fails to perform the work in accordance with the contract documents (including without limitation, the failure to supply suitable materials and equipment, or sufficiently skilled workers and a sufficient number thereof, to perform the work in accordance with the contract documents); (8) the Contractor disregards any applicable law, rule, regulation, order or directive; (9) if, in the reasonable opinion of the Engineer, the Contractor is not complying in good faith with any term or condition of the contract or any order from the City.

  B.         In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums bid and the quantity of work completed at the time of cancellation, less damages caused to the City by acts of the Contractor causing the cancellation.  The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason.

  C.        The procedures for declaring the Contractor in default are as follows.  The City shall first serve written notice upon the Contractor, demanding full compliance with the Contract within 5 days after receipt of such notice.  The surety on the faithful performance bond may be provided with a copy of such notice.  If the Contractor does not comply with such notice within 5 days after receiving it, or if, after starting to comply, the Contractor fails to prosecute the work or otherwise comply with such notice promptly and in good faith, the City may declare Contractor in default, and such default shall be effective immediately upon Contractor's receipt of written notice of default from the City.  A copy of such notice of default shall be provided to the surety.

  D.        In the event that Contractor is served with notice of default, the City may, immediately upon Contractor's receipt of such notice, exclude it from the premises and take possession of all material and equipment, and complete the Work by City forces, by letting the unfinished work to another Contractor, or by a combination of such methods.  In any event, the cost of completing the work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City.  If the sums under the Contract are insufficient for completion, the Contractor or Surety shall pay to the City within five (5) days after the completion all costs in excess of the Contract Price.

  E.         If the Surety assumes any part of the work, it shall take the Contractor's place in all respects for that part and shall be paid by the City for all work performed by it in accordance with the Contract.  If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the work progresses, subject to the terms of the Contract.

  F.         The provisions of this section shall be in addition to all other rights and remedies available to the City under law.

• Liquidated Damages —

  A.         The deductions for liquidated damages shall be $1000/day from date of required contract completion until actual contract completion date.

  B.         The above liquidated damages are necessary to ensure timely completion and to defray costs of additional construction inspection and contract administration.  Timely completion is required to ensure that the owner may occupy the building fully, all facilities operational and all construction activities completed in accordance with these specifications.

  C.        Should the Contractor fail to complete all or any portion of the work within the specified time therefore in Section 3.01, or within such extra time as may be allowed for delays by formal extensions granted by the City, deductions as set forth above will be made from the Contractor's earning for the time that the work remains incomplete after the time set for its completion.

  D.        It being impracticable or extremely difficult to fix the actual damage, the amount set forth above is hereby agreed upon as liquidated damages and will be deducted from any money due the Contractor under this contract.  Should the amount of the damages exceed the amount due the Contractor, he and his sureties shall be liable for the excess.

• Employment of Apprentices —

  A.         Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.  Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.  Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

  B.         In the event the Contractor or any subcontractor willfully fails to comply with the aforesaid sections, such Contractor or subcontractor shall be subject to the penalties for noncompliance in Labor Code Section 1777.7.

• Independent Contractor —

  The Contractor in the performance of the work hereunder will be acting in an independent capacity and not as an agent, employee, partner, or joint venture of the City.

• Specifications and Drawings —

  A.         The Contractor shall keep on the job site a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer access thereto.  Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications shall be of like effect as though shown or mentioned in both.  In case of difference between drawings and specifications, the specifications shall govern.  City specifications shall govern over referenced standards.  If neither is applicable, manufacturer's specifications and instructions shall apply.  The Engineer will furnish from time to time such detail drawings, plans, profiles, and information as he may consider necessary for the Contractor's guidance, unless otherwise provided in the proposal, contract, or special requirements.

  B.         The Specifications for this project are the entire agreement between the Contractor and City, which consist of the aforesaid drawings, the Notice to Contractors, the Instructions to Bidders, the Proposal, Bidding Form, Bid Bond, the Bidder's Qualifications and References, the Designation of Subcontractors, the Affidavit of Non-collusion, the Pre-bid Site Inspection Certification, the Workers' Compensation Certificate, the Reference Standards, the General Conditions, the Exhibits and the Special Conditions.  If no Special Conditions are attached hereto, the Specifications are further deemed to incorporate by reference the latest edition of the Standard Specifications for Public Works Construction as an essential part of the contract documents.  Copies of the "Green Book" are available for review at the City Engineer's office or for purchase at the following address:  Building News, Inc., 10801 National Blvd., Suite 100, Los Angeles, CA 90064.

  C.        In the event of a conflict between the Agreement and the General Conditions, the former shall prevail.

  D.        All documents forming the complete contract are intended to integrate so that any condition or work called for in any one and not mentioned in another shall be executed as if mentioned in all documents and set forth in the drawings.

• Emergency Work —

  A.         During Working Hours:  In case of an emergency which threatens loss or injury of property, and/or safety of life during working hours, the Contractor shall act, without previous instructions from the City, as the situation may warrant.  He shall notify the Engineer of the emergency and the action taken immediately thereafter.  Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Engineer within 15 calendar days after the emergency. Compensation, if allowed, will be paid for as extra work.

  B.         Outside of Working Hours:  Whenever in the opinion of the City there shall arise, outside of the regular working hours on the contract work, an emergency involving utility services to the public or danger to public safety, the City's forces, agents or public utility operators will handle such emergency work. If such emergency arises out of or is the result of operations by the Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his payment as provided in the contract documents.  The performance of emergency work by City forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.

• Inspection —

  A.         All materials furnished and work done under this contract will be subject to rigid inspection.  The Contractor shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining them, as requested by the Engineer.  The Engineer, or his authorized agent or agents, at all times shall have access to all parts of the shop and the works where such material under his inspection is being manufactured or the work performed. Work or material that does not conform to the specifications, although accepted through oversight, may be rejected at any stage of the work. Whenever the Contractor of installation or construction is permitted or directed to do night work or to vary the period during which work is carried on each day, he shall give the Engineer due notice, so that inspection may be provided. Such work shall be done under regulations to be furnished in writing by the Engineer.

  B.         No improvement shall be accepted by the City unless and until it is free of all liens and encumbrances, and free of all material defects and conditions which may create a hazard to the public health, safety, or welfare.  In addition, all properties, rights-of-way, easements, and other interests to be dedicated to the City shall be, before acceptance thereof by the City, free and clear of all liens and encumbrances of any kind or character whatsoever and free of any and all material defects and conditions creating a hazard to public health or public safety.

• Substitutions —

  A.         Engineer's approval required:

  1.         The contract is based on the materials, equipment, and methods described in the Contract Documents. Any Contractor-proposed substitutions are subject to the Engineer's approval.

  2.         The Engineer will consider proposals for substitution of materials, equipment, and methods only when such proposals are accompanied by full and complete technical data, and all other information required by the Engineer to evaluate the proposed substitution.

  B.         Trade names and "or approved equal" provision:  See Article 8.03.

• Flagging —

  Contractor shall provide flaggers to control traffic where required by the approved traffic control plan.

  A.         Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the California Department of Transportation.

  B.         Flaggers shall be employed full time on traffic control and shall have no other duties.

• Termination of Contract - Contractor without Fault —

  A.         The City may terminate the Contract when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by act of God, as defined in section 4151(b) of the State Government Code, by law, or by official action of a public authority.

  B.         When written notice by the Engineer to discontinue work is served upon the Contractor because the Contract has been terminated as provided in subsection A above; the Contractor shall comply immediately with the order of the Engineer.

  C.        The Contractor shall be paid for work performed to the time of termination at the unit prices named in the contract, or in the event no unit prices are named, a sum equal to that portion of the lump sum price which the work completed to the time of termination bears to the total work to be performed under the contract as determined by the Engineer.  In no event will the City be liable to the Contractor for breach of contract, extra work, or damages because of said termination of contract.

• Character of Workmen —

  The Contractor shall not allow its agents or employees, its subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the work. Only skilled foremen and workmen shall be employed on work requiring special qualifications, and when required by the City Engineer, the Contractor shall discharge any person who commits trespass or in the opinion of the City Engineer disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable. Any employee being intoxicated or bringing or having intoxicating liquors on the work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers.

• Verification of Coverage —

  Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause.  The endorsements should be on the City authorized forms provided with the contract specifications.  Standard ISO forms which shall be subject to City approval and amended to conform to the City’s requirements may be acceptable in lieu of City authorized forms.  All certificates and endorsements are to be received and approved by the City before the contract is awarded.  The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

• Bid Bond —

  Each bidder shall submit with his proposal a bid bond for not less than 10% of the total amount of the bid, using the form entitled “Bid Bond” contained in this Specification, and properly executed and acknowledged by the bidder and by a corporate surety authorized to transact such business in the State of California.  Such bond shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company.  If the bond is executed outside the State of California, all copies of the bond must be countersigned by a California representative of the surety.  The signature of the person executing the bond shall be acknowledged by a notary public as the signature of the person designated in the power of attorney.  The surety or sureties on the bond must be satisfactory to the City.  The City will reject a surety bond obtained from any company not holding Certificate of Authority from the U.S. Secretary of the Treasury under the Act of Congress approved July 30, 1947, (6 U.S.C., Secs. 6-13) as acceptable sureties on federal bonds.  Any alteration of said form of bid bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the proposal under which the bid bond is submitted. An electronic copy of the Bid Bond must be submitted in OpenGov as part of the Project submittal. The City must receive the original Bid Bond by close of business on the third day after bid opening.

• Infringement of Patents —

  The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and against all and every demand or demands, of any nature or kind, for or on account of the use of any patented invention, process, equipment, article, or appliance employed in the execution of the work or included in the material or supplies agreed to be furnished under the contract, and should the Contractor, his agents, servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment, article, material, supplies or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Engineer. Or in the event that the Engineer elects, in lieu of such substitution, to have, supplied, and to retain and use, any such invention, process, equipment, article, material, supplies, or appliances, as may by this contract be required to be supplied and used, in that event the Contractor shall at his expense pay such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and employees, or any of them, to use such invention, process, equipment, article, material, supplies, or appliances without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse promptly to make the substitution herein before required, or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or recover the amount thereof from him and his surety, notwithstanding final payment under this contract may have been made.

• Declaration of Non-collusion —

  Each bidder shall execute and submit with the proposal the Declaration of Noncollusion. The bidder signing the Declaration of Noncollusion shall meet all requirements for signing the proposal form.

• Lines, Grades, and Measurements —

  A.         All lines and grades will be established by the Contractor.  The Contractors shall carefully preserve all survey stakes and reference points as far as possible.  Should any stakes or points be removed or destroyed unnecessarily by any act of the Contractor or his employees, they must be reset at the Contractor's expense.

  B.         The Contractor shall inform the Engineer a reasonable length of time in advance of the times and places at which he intends to work in order that inspection may be provided, and that necessary measurements for records and payments may be made with minimum inconvenience.

  C.        No direct payment will be made for the cost to the Contractor of any of the work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection.

• Subcontractors —

  A.         Each subcontractor shall contain a reference to the contract between the City and the principal Contractor, and the terms of the contract and all parts thereof shall be made part of each subcontract insofar as applicable to the work covered thereby.  Each subcontract shall provide for its annulment at the order of the Engineer, if, in his/her opinion, the subcontractor fails to comply with the requirements of the principal contract insofar as the same may be applicable to his work.

  B.         Nothing contained in this Specification shall be construed as creating any contractual relationship between any subcontractor and the City.  The sections of this Specification are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

  C.        The Contractor shall be considered the employer of and as fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them, as he is for the acts and omissions of persons directly employed by him.

  D.        The Contractor shall be responsible for the coordination of the trades, subcontractors, and material men engaged upon his work.  It shall be his duty to see that all of his/her subcontractors commence their work at the proper time and carry it on with due diligence so that they do not delay or injure either the work or materials; and that all damage caused by them or their workmen is made good by them or by himself/herself at his/her expense.

  E.         The City will not undertake to settle differences between the Contractor and his subcontractors or between subcontractors.

  F.         The Contractor shall utilize the services of properly licensed specialty subcontractors, without additional expense to the City, on those parts of the work which are specified to be performed by specialty contractors.

• Manuals —

  A.         Format:  When manuals are required to be submitted covering items included in this work, prepare such manuals in approximately 8-1/2" X 11" format in durable plastic binders and with at least the following:

  1.         Identification on, or readable through, the front cover stating general nature of the manual.

  2.         Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the installation.

  3.         Complete instructions regarding operation and maintenance of all equipment involved.

  4.         Complete nomenclature of all replaceable parts, their part numbers, current cost, and name and address of nearest vendor of parts.

  5.         Copy of all guarantees and warranties issued.

  6.         Copy of drawings with all data concerning changes made during construction.

  B.         Extraneous data:  Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which this installation is not concerned.

• Subcontractors —

  Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor.  All coverages for subcontractors shall be subject to all of the requirements stated herein.

• As-Built Drawings —

  A.         When required to be submitted covering items included in this work, the Contractor shall deliver to the City one complete set of final As-Built reproducible drawings for City records before the contract will be accepted by the City.

  B.         The drawings shall be duplicates and at the same size and dimensional scale as the originals. They shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm).

  C.        The legibility and contrast of each drawing submitted to the City shall be such that every line, number, letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the drawing.

• Risk Management —

  Contractor acknowledges that insurance underwriting standards and practices are subject to change, and the City reserves the right to make changes to these provisions in the reasonable discretion of its Risk Manager.

• Bidder's Qualifications and References —

  The bidder must complete and submit with the proposal all information required within this Invitation for Bids, the forms provided in the Bidder Questionnaire, and any required fields within the Bidder Questionnaire.

• Right of Way —

  A.         The site for the installation of equipment or the right of way for the works to be constructed under this contract will be provided by the City.

  B.         The City will provide the appropriate rights of way and property for pipelines and structures.  Upon approval by the Engineer, the Contractor may, without cost, use portions of any of the City's rights of way or property which may be suitable for working space and for storage of equipment and materials.  The Contractor will be held responsible for any damage to structures, streets, and roads, and for any damage that may result from his use of City property.

  C.        In case areas additional to those available on the City's rights of way or property are required by the Contractor for his operations, he shall make arrangements with the property owners for the use of such additional areas at his own expense.

• Use of Facilities Prior to Completion of Contract —

  A.         Whenever in the opinion of the Engineer any work under the contract, or any portion thereof, is in a condition suitable for use by the City, the City may, after written notice and designation from the Engineer to the Contractor, use (which includes, but is not limited to, taking over or placing into service) any portion or portions designated by the Engineer.

  B.         The use of any portion or portions by the City shall not be construed as, and will not constitute acceptance in any sense, of any portion of the work of the Contractor.

  C.        All necessary repairs, renewals, changes, or modifications in the work or any portion thereof so used, not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of the Contractor, or any other cause, shall be made at the expense of the Contractor.

  D.        The use of any portion by the City shall not relieve the Contractor of any of his responsibilities or liabilities under the contract nor constitute a waiver by the City of any of the conditions thereof.  Said use shall not cancel liquidated damages as of the first date of use, or any continuance thereof, nor impair, reduce, or change the amount of liquidated damages.

• Endorsements and Certificate —

  A.         Contractor shall have its insurance carrier(s) complete and execute the following documents, together with a copy of each insurance policy required under the contract, including all endorsements thereto, which shall be delivered to the City Engineer within ten (10) working days following issuance of the Resolution of Award of Public Works Project:

                          1.         Form entitled: General Liability Endorsement, attached hereto as Exhibit A.

                          2.         Form entitled: Automotive Liability Endorsement, attached hereto as Exhibit B.

                          3.         Proof of Worker's Compensation Insurance (Employer’s Liability), or if Contractor is self-insured for worker's compensation, a self-insuring certificate therefor from the State of California.

                          4.         Form entitled: Waiver of Subrogation Clause and Contribution, attached hereto as Exhibit C, for all coverage and policies.

                         5.         Form entitled: Certificate of Insurance, with 30 days' prior notice of cancellation required as to all coverage and policies.

  B.         The contract will not be executed by the City and the Notice to Proceed issued until the aforesaid insurance documents have been received and approved by the City. City's decision as to the acceptability of all insurance documents is final.  No substitution of the form of the documents or the endorsements or amendments thereto will be permitted without the prior written consent of City.

• Designation of Subcontractors —

  The bidder must include all subcontracts in excess of one-half of one percent of the total bid within the Designation of Subcontractors Question 4 of the Project’s Bidder Questionnaire.  Subcontractors’ names, license numbers and class, DIR registration numbers, and city of business shall be complete and legible.  Clearly state that portion of the work to be done by each subcontractor listed, by trade and by estimated dollar amount.

• Submittals Quantities —

  A.         Submit six (6) copies of all data and drawings unless specified otherwise.

  B.         Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be retained by the Engineer.

• Cooperation with other Work Forces —

  A.         The City reserves the right to perform other work at or near the site at any time by the use of its own forces or other contractors.

  B.         Other contractors, other utilities and public agencies or their contractors, other City contractors, and City personnel may be working in the vicinity during the project construction period.  There may be some interference between these activities and the work under this specification.  The Contractor shall cooperate and coordinate his work with that of other work forces to assure timely contract completion.

• Assignment of Antitrust Cause of Action —

  The Contractor assigns to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), in connection with the Project, such assignment to be effective upon final payment to the Contractor without further acknowledgment by the parties.

• Agreements with Property Owners —

  Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the work shall be made in writing and a copy submitted to the Engineer for his information.

• Identification of Submittals —

  Completely identify each submittal and resubmittal by showing at least the following information:

  1.         Name and address of submitter, plus name and telephone number of the individual who may be contacted for further information.

  2.         Name of project as it appears in this specification and specification number.

  3.         Drawing number and specification section number other than this section to which the submittal applies.

  4.         Whether this is an original submittal or resubmittal.

  5.         For samples, indicate the source of the sample.

• Examination of Drawings, Specifications, and Site of Work —

  The bidder shall examine carefully the site of the work contemplated and the proposal, drawings, and specifications therefore.  The submission of a bid will be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the proposal, drawings, specifications, and other contract documents.  The bidder is required to ascertain the locations of the existing utility services, and other underground facilities, and to provide for carrying out his operations so as to cause the minimum possible inconvenience to the occupants of property along any streets affected.  All work and costs involved in the safeguarding of the property of others shall be at the expense of the bidder to whom the contract may be awarded.

  The bidder hereby certifies that he/she has examined the local conditions, has read each and every clause of the Specifications, and that he has included all costs necessary to complete the specified work in his bid prices, and the bidder agrees that if he is awarded the contract he will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the contract.  Should the conditions turn out otherwise than anticipated by him/her, the bidder agrees to assume all risks incident thereto.

• Signs —

  Contractor shall post one (1) - 3’x 6’ (shown on Exhibit N), weather-proof sign at key locations.  Said sign locations shall be selected by staff and shall change as the location of the work area changes. 

• Bonds —

  A.         Contractor shall furnish the following bonds:

  1.         A Faithful Performance Bond in an amount equal to One Hundred percent (100%) of the contract price on City form, attached hereto as Exhibit E.

  2.         A Payment Bond (Labor and Material) in an amount equal to One Hundred percent (100%) of the total contract price on City form, attached hereto as Exhibit F.

  3.         A Maintenance Bond in an amount equal to Ten percent (10%) of the total contract price on City form, attached hereto as Exhibit G.

  B.         All such bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety.  The signature of the person executing the bond shall be acknowledged by a notary public as the signature of the person designated in the power of attorney.

  C.        The surety or sureties on all bonds furnished must be satisfactory to the City. City will reject surety bonds obtained from any company which is not an admitted surety insurer under the laws of the State of California and which does not hold a Certificate of Authority from the U.S. Secretary of the Treasury under 31 U.S.C. $$ 9304-9306 as an acceptable surety on federal bonds.  The surety must also be listed in the latest edition of U.S. Department of Treasury Circular 570, and the bonds provided must not exceed the surety's bonding limitations as set forth in Circular 570. Bonds shall be in multiples of $1,000 only; provided, however, that the amount of the bond shall otherwise be fixed at the lowest sum that will fulfill all conditions herein set forth.

  D.        If during the continuance of the Contract any of the sureties, in the opinion of the City, are or become non-responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten days after notice, and in default thereof the contract may be suspended and the materials may be purchased or the work completed as provided in Article 5 herein.

  E.         No modifications or alterations made in the work to be performed under the contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein.  Notice of such events be waived by the surety.

  F.         The contract will not be executed by City nor the Notice to Proceed issued until the aforesaid bonds have been received and approved by City.  City's decision as to the acceptability of all sureties and bonds is final.  No substitution of the form of the documents will be permitted without the prior written consent of City.

• Protection of Property —

  All public and private property, pavement or improvement shall be safely guarded from injury or loss in connection with this contract by the Contractor at all times.  Should any facility, structure, or property be damaged during operations of the Contractor, he shall immediately notify the proper owners or authorities.

• Schedule of Submittals —

  A.         Submit initial schedule of submittals within ten (10) days after Notice of Award.

  B.         Submit revised schedule of submittals within five (5) days after date of request from the Engineer.

  C.        Engineer will review schedule of submittals and will notify Contractor that schedule is acceptable or not acceptable within 5 days after receipt.

• Interpretation of Specifications —

  Should a bidder find discrepancies in, or omissions from, the specifications or plans, or should the bidder be in doubt as to their meaning, the bidder shall at once notify the City, requesting an interpretation or clarification.  Such requests should be submitted through the Questions & Answers section of the City's OpenGov Procurement portal.  Should the City Engineer find that the point in question is not clearly and fully set forth; the City Engineer or designee may issue a written addendum, which will be available on the City's OpenGov portal within this Project posting.  The City Engineer will not be responsible for any other explanation or interpretation of the plans or specifications, or for any oral instructions.  If the bidder does not so notify the City Engineer or designee, the bidder shall be conclusively deemed to have read, understood and agreed with all of the information and materials contained in the bid documents.

• Signs —

  Construction signs are not required for this project.

• Experience —

  Bidders, if required, shall present satisfactory evidence that they have been regularly engaged in furnishing such material and equipment and constructing such work as they propose to furnish or construct and that they are fully prepared with necessary capital, equipment, and material to begin work promptly and to conduct it as required by this Specification.

• Contractor's Responsibilities for Losses or Liabilities —

  A.         Risk of Loss:  Except as otherwise provided in the contract documents and except as to the cost of repair or restoration of damage to the work caused by an act of God as that term is defined in Section 7105(b) of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to him on account of the amount or character of the work, or from any unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the line of the work, or because the nature of the ground in or on which the work is done is different from what is assumed, or on account of the weather, or floods, or other causes.

  B.         Materials and Facilities:  The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor:

  1.         The Contractor shall be responsible for any material furnished by him and for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work.

  2.         The Contractor shall protect City facilities from damage resulting from his work. City facilities damaged by or as a result of the Contractor's work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.

  3.         The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to him or used under his direction during construction.

  C.        Laws and Regulations:

  1.         The Contractor shall keep himself fully informed of all laws, ordinances, and regulations in any manner affecting those engaged or employed on the work, or the materials used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.  If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to, in relation to any such law, ordinance, regulation, order, or decree, he shall forthwith report the same in writing to the Engineer.

  2.         He shall at all times himself observe and comply with, and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or which may become effective before completion of this contract.

  3.         Nothing in these drawings and/or specifications is to be construed to permit work not conforming to such laws, ordinances, and regulations.  If the Contractor ascertains at any time that any requirement of this contract is at variance with such applicable law requirement, he shall promptly notify the Engineer.

  4.         If such applicable law requirement was not in effect on the date of submission of bids, any necessary adjustment of the contract price shall be made as provided in Article 5 of the General Conditions.  If such applicable law requirement was in effect on said date of bid submission, no adjustment of contract price will be considered.

  5.         The Contractor, at his own expense, shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.

• Coordination of Submittals —

  A.         Prior to submittal for Engineer's review, use all means necessary to fully coordinate all material, including the following procedures:

  1.         Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar data.

  2.         Coordinate as required with all trades and with all public agencies involved.

  3.         Secure all necessary approvals from public agencies and others and signify by stamp, or other means, that they have been secured.

  4.         Clearly indicate all deviations from the contract documents.

  B.         Unless otherwise specifically permitted by the Engineer, make all submittals in groups containing all associated items; the Engineer may reject partial submittals as not complying with the provisions of the contract documents.

• Guarantee of Work —

  A.         The Contractor guarantees all materials and workmanship against defects for a period of one year, unless noted otherwise, from the date of final acceptance of all work performed under the contract.  The date of final acceptance will be as stated on the Notice of Acceptance.

  B.         The Contractor assumes responsibility for a similar one-year guarantee, unless noted otherwise, for all work and materials provided or performed by subcontractors, manufacturers, or suppliers.

  C.        The Contractor hereby agrees that if, within a period of one year, unless noted otherwise, after final acceptance of the work done under the contract, any portion of the work installed, constructed, or performed by him/her fails to fulfill any of the requirements of the contract, he/she will, without delay and with the least practicable inconvenience and without further cost to the City, repair or replace defective or otherwise unsatisfactory work or materials.  This agreement will not delay acceptance of the work or final payment.

  D.        Should the Contractor fail to act promptly in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before the Contractor can be notified or can respond to notification, the City may at its option make the necessary repairs or replacements, or perform the necessary work, and the Contractor shall pay to the City the actual cost of such repairs plus 15 percent.

  E.         The Contractor shall be responsible for the full expense incidental to making good any and all of the above guarantees and agreements.  The above guarantees and agreements are covenants, the performance of which shall be binding upon the Contractor and his sureties.

• Prices and Payments —

  Approximate quantities listed in the Notice to Contractors and quantities listed for unit price items on the bidding form, are rough estimates given for comparing bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative.  Payment at the prices agreed upon will be in full for the completed work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the contract, unless otherwise specifically provided.

• Timing of Submittals —

  A.         Make all submittals far enough in advance of scheduled dates of installation to provide all required time for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery.

  B.         In scheduling, allow at least ten (10) working days for the Engineer's review, plus the transit time to and from the City office.

  C.        Manuals shall be submitted prior to performing functional tests.

• Cleaning and Environmental Controls —

  A.         Maintain areas free of waste materials, debris, and rubbish.  Maintain site in a clean and orderly condition.

  B.         Remove waste materials, debris and rubbish from site and dispose off-site legally.  Recycling is encouraged.  The Contractor should investigate opportunities for recycling.

  C.        Spoil sites shall not be located where spoil shall be washed back into a street gutter, storm drain, runoff conveyance or ocean.

  D.        Water containing mud, silt, or other pollutants from activities, shall not be allowed to enter the ocean or placed in locations that may be subject to storm runoff.

  E.         Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.

  F.         No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the State.  When operations are completed, any excess materials or debris shall be removed from the work area.

  G.        The Contractor shall comply with all litter and pollution laws.  All Contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the Contractor to ensure compliance.

• Approval by City —

  A.         One copy of each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "Approved," "Approved as Noted," or "Returned for Correction," Manuals, schedule of costs and as-built drawings will be returned for resubmittal if incomplete or unacceptable.

  B.         Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.

  C.        If submittal is returned for correction, it will be marked to indicate what is unsatisfactory.

  D.        Resubmit revised drawings or data as indicated, in seven (7) copies.

  E.         Approval of each submittal by the Engineer will be general only and shall not be construed as:

  1.         Permitting any departures from the contract requirements.

  2.         Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions, or of other nature that may exist.

  3.         Approving departures from additional details or instructions previously furnished by the Engineer.

• Substitutions —

  To obtain approval during bid period to use unspecified products, bidders shall submit written requests at least ten (10) working days before the bid date and hour.  Requests received after this time will not be considered.  Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability.  If the product is acceptable, an addendum will be issued covering it.

• Changes to Approved Submittals —

  A.         Resubmittal is required for any proposed change to an approved submittal. Changes which require resubmittal include, but are not necessarily limited to, drawing revisions, changes in materials and equipment, installation procedures and test data. All resubmittals shall include an explanation of the necessity for the change.

  B.         Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy."

• Modifying Bid —

  Any bidder may modify his bid by clicking the “unsubmit” button within the OpenGov Procurement portal, making any modifications and resubmitting the bid prior to the opening time.  Final prices or terms will not be known by the City until the sealed bid is opened.

• Bid Opening —

  All proposals will be opened and declared publicly at the time and place stated in the Notice to Contractors.  Bidders, their representatives, and other interested parties are invited to be present.  After the bid opening, results will be available online on the City’s OpenGov Procurement Portal located at: https://procurement.opengov.com/portal/redondo.

• Mistakes in the Bid —

  A bidder shall be relieved of a bid due to mistakes only if the bidder can establish to the satisfaction of the City Engineer that all of the following circumstances exist:

  A.         A mistake was made.

  B.         He or she gave the public entity written notice within five working days, excluding Saturdays, Sundays, and City or state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred.

  C.        The mistake made the bid materially different than he or she intended it to be.

  D.        The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans and specifications.

• Award —

  The City reserves the right to reject any or all proposals and to waive technical defects, as the interest of the City may require.  Award of contract or rejection of bid proposals will be made by the City within 90 calendar days following the bid opening.

• Basis of Award —

  Contract will be awarded to the lowest responsible bidder meeting all requirements set forth in these specifications.  The City will award the contract based on the lowest base bid, or the lowest base bid plus the first alternate, or the lowest base bid plus an orderly combination of the alternates, in the order said alternates were advertised.

• Execution of Contract —

  Within ten (10) working days after being notified by City that he has been awarded the contract, Contractor shall deliver to the City Engineer the following documents:

  1.         Two (2) copies of the Agreement in the form included herein, properly executed by Contractor and, if the Contractor is a corporation, evidence of its corporate existence and that the persons signing the Agreement are authorized to do so.

  2.         Properly executed copies of the following:

  (a)  Faithful Performance Bond,

  (b) Labor and Material Bond, and

  (c) Maintenance Bond in accordance with the requirements set forth in Article 11 of the General Conditions and attached thereto.

  3.         Properly executed copies on the following City forms:

  (a) The General Liability Endorsement and Waiver of Subrogation,

  (b) The Automotive Liability Endorsement and Waiver of Subrogation, and

  (c) Workers' Compensation Waiver of Subrogation.

  4.         Certificate of Insurance with 30-day notice in accordance with the requirements set forth in Article 11 of the General Conditions and attached thereto.

  In any event that the tenth working day falls on Saturday, Sunday or a legal holiday for the State of California, the aforesaid documents shall be delivered by the following working day.  After receipt of said documents within said time period or any extension thereof granted by the City Engineer, the City shall execute the Agreement and return one of said two copies to Contractor for his files.

• General Prevailing Wage Rates —

  In accordance with Labor Code Section 1770 et seq., this Project is a “public work,” and thus, the Contractor and any Subcontractors must pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages.  Copies of those rates are on file with the Public Works Director, and are available to any interested party upon request.  Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site.

• Failure to Execute Contract —

  If the bidder to whom the award is made fails to enter into the contract as herein provided and furnish the said bonds and insurance, this shall be just cause for the annulment of the award and the forfeiture of the Bid Bond, and an award may, in the discretion of the City Engineer, be made to the bidder whose proposal is the next most acceptable to the City in the opinion of the City Council, and such bidder shall fulfill every term, covenant and condition herein as if he/she were the party to whom the first award was made.

• Bid Protest Procedures —

  Any bid protest must be in writing and received by the City’s Project Manager before 5:00 p.m. no later than five working days following bid opening (the “Bid Protest Deadline”) and must comply with the City’s Standard Bid Protest Procedures, which are posted on the City’s website at https://www.redondo.org/departments/public_works/engineering_services/cip_bid_opportunities/index.php

Submission Requirements

• Proposal (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Bid_Bond (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

  The City must receive the original, physical Bid Bond with wet signature by close of business on the third day after bid opening.

• Bidder's Qualifications and References (required) —

  Please download the below documents, complete, and upload.

• Designation of Subcontractors (required) —

  Please download the below documents, complete, and upload.

• Contractor's Affidavit of Non-collusion (required) —

  Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.

• Pre-Bid Site Inspection Certification (required) —

  Please download the below documents, complete, and upload.

• Workers' Compensation Certificate (required) —

  Please download the below documents, complete, and upload.

• Brief Description of Work (required) —

  Please provide a brief description of the work to be performed for this project. Be sure to use complete sentences when doing so.

• Estimated Value (required) —

  What is the estimated value of all work to be performed and materials to be supplied for the completion of this project?

• Required Contractor's License (required) —

  What is the contractor's license required for this work for the prime contractor? Class ___ (fill in the blank).

• Number of Working Days (required) —

  What is the number of working days after the Notice to Proceed is issued that the work must be completed within?

• Special Conditions (required) —

  Does this project have special conditions? 

• Construction Signs (required) —

  Are construction signs required for this project?

• Project Location (required) —

  Street address, or located on various streets or locations in the City of Redondo Beach. (Provide exactly what should appear on the Notice of Completion)

Questions & Answers