TIP ID CP-11866 IMPLEMENTING AGENCY La Palma, City of
Local Project Number: Project Title
Additional Project IDs: Traffic Signal Battery Backups
Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals -
Replace and upgrade traffic signals and equipment
Install battery backups at major intersections - ongoing project.
Limits
Citywide various locations
Project Notes
Other potential funding sources: M2-LFS, SB1
and/or GT funds. Includes Carry over funding from
prior years.
FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 General Fund $5,000 $0 $45,000 $0 $50,000 $52,278
Totals: $5,000 $0 $45,000 $0 $50,000 $52,278
Last Revised: 25-00 - Submitted Total Programmed: $50,000 TIP ID CP-10250 IMPLEMENTING AGENCY La Palma, City of
Local Project Number: Project Title
Additional Project IDs: Traffic Signal Cabinet Replacements Type of Work: Traffic Signals Project Description
Type of Work Description: Traffic Signals -
Replace and upgrade traffic signals and equipment
Replace and upgrade TS Cabinets and equipment. On-going replacement or upgrade project.
Limits
Citywide various locations
Project Notes
includes Carry over from prior yrs Other potential
funding sources: M2-LFS, SB1 and/or GT funds
FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 General Fund $5,000 $0 $45,000 $0 $50,000 $52,278
Totals: $5,000 $0 $45,000 $0 $50,000 $52,278
Last Revised: 25-00 - Submitted Total Programmed: $50,000 TIP ID CP-12633 IMPLEMENTING AGENCY La Palma, City of
Local Project Number: Project Title
Additional Project IDs: Traffic Signal Signage Replacements Type of Work: Safety Project Description
Type of Work Description: Safety - Signage
installation and/or replacement
Intersection improvements to repair illuminated street signs Limits
Citywide - various locations
Project Notes
Other Potential Funding Sources: M2-LFS, SB1,
and/or GT funds
FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 General Fund $5,000 $0 $40,000 $0 $45,000 $46,000
Totals: $5,000 $0 $40,000 $0 $45,000 $46,000
Last Revised: 25-00 - Submitted Total Programmed: $45,000 TIP ID CP-10253 IMPLEMENTING AGENCY La Palma, City of
Local Project Number: Project Title
Additional Project IDs: Valley View Street Rehabilitation 1 Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Street rehabilitation/maintenance - AC overlay or slurry seal, ADA ramps, sidewalk and C&G repairs, utility cover adjustments, signing and striping. Rehabilitation/maintenance project repeats every 7-10 years.
Limits
Valley View Street from South City Limit (SCL) to
Thelma Avenue
Project Notes
Other Potential Funding Sources: COR, Gas Tax
and/or RMRA (SB1) funds. Submitted for SCAG
STBG/CMAQ in May 2025.
FISCAL
YEAR
FUND TYPE ENG ROW CON/IMP O&M TOTAL
TOTAL
ESCALATED
2026 Measure M2 Local
Fairshare
$20,000 $0 $180,000 $0 $200,000 $204,500
Totals: $20,000 $0 $180,000 $0 $200,000 $204,500
Last Revised: 25-00 - Submitted Total Programmed: $200,000
TIP ID CP-10252 IMPLEMENTING AGENCY La Palma, City of
Local Project Number: Project Title
Additional Project IDs: Valley View Street Rehabilitation 2 Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Street rehabilitation/maintenance - AC overlay or slurry seal, ADA ramps, sidewalk and C&G repairs, utility cover adjustments, signing and striping. Rehabilitation/maintenance project repeats every 7-10 years.
Limits
Valley View Street from Orangethorpe Avenue to
183rd Street
Project Notes
Potential Funding Sources: LSR-RMRA SB1, M2-
LFS, Gas or COR funds. Submitted for SCAG
STBG/CMAQ in May 2025.
FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2031 Unfunded/Unknown $20,000 $0 $130,000 $0 $150,000 $170,760 Totals: $20,000 $0 $130,000 $0 $150,000 $170,760
Last Revised: 25-00 - Submitted Total Programmed: $150,000 TIP ID CP-10255 IMPLEMENTING AGENCY La Palma, City of
Local Project Number: Project Title
Additional Project IDs: Walker Street Rehabilitation 1
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Street rehabilitation - AC overlay or slurry seal, ADA ramps, R&R selected pavement sections, sidewalk and C&G repairs, adjust utility covers, signing and striping. Repeats every 7-10 yrs.
Limits
Walker Street from Crescent Avenue to La Palma
Avenue
Project Notes
Other potential funding sources: General (COR),
M2-LFS, Prop 68, and/or SB1 (RMRA) funds
FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Gas Tax $15,000 $0 $85,000 $0 $100,000 $106,536
Totals: $15,000 $0 $85,000 $0 $100,000 $106,536
Last Revised: 25-00 - Submitted Total Programmed: $100,000 TIP ID CP-10254 IMPLEMENTING AGENCY La Palma, City of
Local Project Number: Project Title
Additional Project IDs: Walker Street Rehabilitation 2
Type of Work: Road Maintenance Project Description
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Street Rehabilitation - AC overlay or Slurry Seal, R&R failed/deteriorated pavement sections, ADA ramps, utility cover adjustment, signing & striping. Repeats every 7-10 years.
Limits
Walker Street from La Palma Avenue to 183rd
Street
Project Notes
Other potential funding sources: General (COR),
SB1-RMRA, Gas Tax funds
FISCAL
YEAR
FUND TYPE ENG ROW CON/IMP O&M TOTAL
TOTAL
ESCALATED
2028
Measure M2 Local
Fairshare
$25,000 $0 $275,000 $0 $300,000 $321,145
Totals: $25,000 $0 $275,000 $0 $300,000 $321,145
Last Revised: 25-00 - Submitted Total Programmed: $300,000
Attachment 8: Maintenance of Effort Reporting Form
and Supporting Documentation
Type Request Title Account ID FY2026 FY2027 FY2028 FY2029 FY2030 Arterial Street Rehabilitation HOUSTON AVE. 012-900-8131-00000; 010-900-8131-00000 $225,000.00 CRESCENT AVE. 011-900-8131-00000 $100,000.00
HIGHWAY BRIDGE PREVENTATIVE MAINTENANCE 035-900-8868-00000 $50,000.00 $50,000.00 DEL AMO BRIDGE 012-900-8990-00000; 010-900-8990-00000 $734,000.00 LA PALMA AVE. 035-900-8131-00000; 012-900-8131-00000; 011-900-8131-00000 $400,000.00 WALKER STREET REHAB. 012-900-8131-00000; 010-900-8131-00000 $400,000.00 MOODY STREET (Moody Bridge to Orangethorpe Ave.) 010-900-8131-00000 $100,000.00 MOODY STREET (S.C.L. to La Palma Avenue) 010-900-8131-00000 $150,000.00 ARTERIAL BLOCK WALL PAINTING 035-900-9120-00000 $100,000.00 THERMAL STRIPING 010-900-8131-00000 $200,000.00
ARTERIAL PAVEMENT MANAGEMENT PLAN 035-900-8131-00000 $25,000.00 $25,000.00 VALLEY VIEW ST. - S. City Limits to Thelma Ave. 012-900-8131-00000 $200,000.00 ORANGETHORPE AVENUE 010-900-8131-00000 $350,000.00 $250,000.00 Total Arterial Street Rehabilitation $1,584,000.00 $475,000.00 $650,000.00 $325,000.00 $325,000.00 Facility Improvements - City Hall CITY HALL FILE SCANNING 035-900-8994-00000 $25,000.00 $25,000.00 $25,000.00 SECURITY CAMERAS & ACCESS CONTROL (COR) 035-900-8780-00000 $225,000.00 ADA IMPROVEMENTS 035-900-8865-00000 $78,800.00 $82,700.00 $86,900.00 $91,300.00 $95,900.00 Total Facility Improvements - City Hall $103,800.00 $107,700.00 $336,900.00 $91,300.00 $95,900.00 Facility Improvements - City Yard ELECTRIC VEHICLE (EV) CHARGING STATIONS 035-900-8434-00000 $100,000.00 PUBLIC WORKS FILE SCANNING 035-900-8994-00000 $25,000.00 $25,000.00 $25,000.00 GATE MOTOR REPLACEMENT 035-900-8868-00000 $45,000.00
CITY YARD STALL 035-900-8434-00000 $65,000.00
CITY YARD STORAGE UNIT 035-900-8434-00000 $98,000.00
CITY YARD ROOF REPAIRS 035-900-8434-00000 $75,000.00
CITY YARD STORM DRAINS 035-900-8434-00000 $60,000.00
CITY YARD BUILDING PAINTING 035-900-8434-00000 $85,000.00 CITY YARD STORAGE BUNKER W/ROOF 035-900-8434-00000 $35,000.00 CITY YARD PAVEMENT 035-900-8434-00000 $225,000.00
Total Facility Improvements - City Yard $713,000.00 $125,000.00 $25,000.00 $0.00 $0.00
Type Request Title Account ID FY2026 FY2027 FY2028 FY2029 FY2030 Facility Improvements - Citywide Maintenance PARK IMPROVEMENTS 035-900-8870-00000 $46,700.00 $49,100.00 $51,600.00 $54,200.00 $57,000.00 MACHINERY & EQUIPMENT 035-900-8040-00000 $16,600.00 $17,500.00 $18,400.00 $19,400.00 $20,400.00 FURNITURE & FIXTURES 035-900-8020-00000 $16,600.00 $17,500.00 $18,400.00 $19,400.00 $20,400.00 BUILDING IMPROVEMENTS 035-900-8010-00000 $55,200.00 $58,000.00 $60,900.00 $64,000.00 $67,200.00 MAINTENANCE & REPAIR OF BUILDINGS 035-900-7080-00000 $55,200.00 $58,000.00 $60,900.00 $64,000.00 $67,200.00 MAINTENANCE & REPAIR OF EQUIPMENT 035-900-7070-00000 $55,200.00 $58,000.00 $60,900.00 $64,000.00 $67,200.00 Total Facility Improvements - Citywide Maintenance $245,500.00 $258,100.00 $271,100.00 $285,000.00 $299,400.00 Facility Improvements - Community Center & Parks TINY TOTS PLAYGROUND 035-900-8870-00000 $47,000.00 CENTRAL PARK PLAYGROUND 035-900-8870-00000 $83,000.00
CENTRAL PARK CONCRETE 035-900-8868-00000 $75,000.00
EL RANCHO VERDE PARK PLAYGROUND 035-900-8870-00000 $15,000.00 ELECTRONIC READERBOARD 035-900-8870-00000 $100,000.00
Total Facility Improvements - Community Center & Parks $120,000.00 $145,000.00 $0.00 $100,000.00 $0.00 Facility Improvements - Police Department POLICE DEPARTMENT BUILDING INTERIOR REFURBISHMENT 035-900-8868-00000 $500,000.00 $1,500,000.00 Total Facility Improvements - Police Department $500,000.00 $1,500,000.00 $0.00 $0.00 $0.00 Intersection Improvements TRAFFIC SIGNAL BATTERY BACKUPS 035-900-8040-00000 $50,000.00 TRAFFIC SIGNAL CABINET REPLACEMENTS 035-900-8040-00000 $50,000.00 INTERSECTION IMPROVEMENTS / TRAFFIC SIGNAL SIGNAGE REPLACEMENTS 035-900-8040-00000 $45,000.00 Total Intersection Improvements $45,000.00 $100,000.00 $0.00 $0.00 $0.00 Residential Street Rehabilitation ZONE 3 012-900-8130-00000 $200,000.00 ZONE 2 012-900-8130-00000 $225,000.00
ZONE 1 012-900-8130-00000 $275,000.00
RESIDENTIAL PAVEMENT MANAGEMENT PLAN 035-900-8130-00000 $30,000.00 CURB, GUTTER, & SIDEWALK 035-900-8140-00000 $125,000.00 $125,000.00 $125,000.00 $125,000.00 $125,000.00 ZONE 4 012-900-8130-00000 $150,000.00
Total Residential Street Rehabilitation $275,000.00 $155,000.00 $400,000.00 $350,000.00 $325,000.00
Attachment 9: Mitigation Fee Program
Attachment 10: Transit – Non-Motorized Planning
Strategies Letter
www.cityoflapalma.org PHONE
714 690 3300
7822 Walker Street
La Palma, CA 90623-1771
June 30, 2025
Ms. Charvalen Alacar
Section Manager, Measure M - Local Programs
Orange County Transportation Authority
600 S. Main Street
Orange, CA 92868
Subject: City of La Palma’s General Plan Consistency Regarding Land Use Strategies Accommodating Transit and Non-motorized Transportation.
Dear Ms. Alacar:
As part of the Fiscal Year 2025-26 Measure M (M2) Eligibility package, the City of La Palma is pleased to provide our land use strategies, which promote transit and non-motorized transportation.
The City of La Palma’s General Plan includes the Land Use, Circulation Element, Growth Management sections that contain land use strategies to accommodate transit and non-motorized transportation. The current General Plan was adopted by the City Council on June 17, 2014. The following is a brief list of the land use strategies pertinent to transit and non-motorized transportation:
• General Plan - Chapter 2, Page 2-27 lists existing transit services (bus, access) that are currently available and City support for conversion of former regional rail route (Pacific Electric right-of-way) to provide bike trails.
• General Plan - Chapter 2, Pages 2-63 and 2-64:
• Policy CI-2.2: Establishes requirements for new development and substantial renovation projects to include applicable bicycle, pedestrian and transit amenities. • Policies CI-3.1 to CI-3.6: Emphasizes development of new pedestrian and bicycle facilities and consideration of alternative modes of transportation for enhancement of existing facilities.
• General Plan - Chapter 5, Page 5-4:
• Policy GM-1.4: Promotes transportation demand strategies for commercial businesses and professional office developments to efficiently utilize carpool/vanpooling, provide bicycle parking facilities, transit shelter and pedestrian and bicycle access. • General Plan - Appendix A, Pages A-7, A-8 and A-9:
• CI-4: The City will work with school districts to promote Safe Route to School programs and policies that encourage walking and riding bikes to school. • CI-5: Increase driver awareness of pedestrian safety and enforcement of pedestrian right-of-way at crosswalks.
2 • CI-6: Maintain and enhance existing bike paths and continue to explore options for additional new bike paths.
• CI-8: Require that pedestrian connections be provided as part of all new development projects.
• CI-9: Implement traffic signalization at the crossing of bike paths with arterial roadways, where feasible, to facilitate safe crossing by bicyclists and pedestrians.
A copy of the relevant General Plan pages is attached. The City of La Palma has a comprehensive system of sidewalks along both sides of the arterial highways within the City, as well as collector and local roads within residential areas. The sidewalk system is extensively used to access recreation areas, schools, and commercial goods and services. Commercial and business mixeduse facilities, such as the Centerpointe complex, have been constructed with meandering sidewalk systems to encourage walking in-lieu of driving between buildings. The City also has a Class II system of designated, on-road bicycle trails along La Palma Avenue, Moody Street, Walker Street, and Crescent Avenue. Transit bus service by OCTA is provided along Orangethorpe Avenue, La Palma Avenue and Valley View Street.
If you have any questions, please do not hesitate to contact me at (714) 690-3336 or at [email protected].
Sincerely,
Belinda Deines
Community Development & Public Works Director
Agenda Item No. 9 June 3, 2025 | 1
City of La Palma
Agenda Item No. 9
MEETING DATE: June 3, 2025
TO: City Council
FROM: City Manager
SUBMITTED BY: Belinda Deines, Community Development and Public Works Director
AGENDA TITLE: Award of Agreement to Roy Allan Slurry Seal, Inc. for the City Project No. ST-372 Residential Maintenance Zone 4 Slurry Seal Improvements
RECOMMENDED ACTION:
It is recommended that the City Council authorize the Interim City Manager, or their designee, to execute an agreement to award to the low bidder, Roy Allan Slurry Seal, Inc. for the ST-372, Residential Maintenance Zone 4 Slurry Seal Improvements in the amount of $173,446.24; and appropriate $50,000 of Gas Tax funds for cost savings from the La Palma Slurry Seal Project.
SUMMARY:
The City of La Palma requested bids for the following scope of work for the Residential Maintenance Zone 4 Slurry Seal.
On April 15, 2025, the City advertised and solicited bids on the City’s OpenGov Procurement website for the City Project No. ST-372. On April 29th, the City conducted a pre-bid meeting to review the project conditions, schedule, and work sites. A total of nine (9) contractors attended the pre-bid meeting. The scheduled bid date was set for May 20, 2025.
On May 20, 2025, six (6) bids were received along with the signed addendum. Staff reviewed the bid documents and confirmed that Roy Allan Slurry Seal, Inc. submitted all the required documents with their bids. The Contractor’s bid amounts are outlined below:
BIDDING CONTRACTOR TOTAL BID
1. Roy Allan Slurry Seal. Inc – La Habra $173,446.24
2. Pavement Coatings, Co – Jurupa Valley $192,661.24
Agenda Item No. 9 June 3, 2025 | 2
A fiscal analysis verified that the original budget of $200,000 for this project is sufficient to complete all the work.
The table below presents the total project cost, including a fifteen percent (15%) contingency.
Staff recommends that the City Council award the agreement in an amount not-to-exceed $173,446.24.
Approval of the agenda item also authorizes the expenditure of all available contingencies in the project. The contingencies will be available for any necessary change orders associated with unforeseen circumstances. Examples include concrete removal and replacement not identified in the scope of work for the project, or any other miscellaneous repairs necessary to complete the project. Said circumstances are typical for this type of project. The contingency amount is proposed at fifteen percent (15%) of the construction cost. The contract may be increased a maximum of twentyfive percent (25%) per the Standard Specifications for Public Works Construction, otherwise known as the “Greenbook.”
Roy Allan Slurry Seal, Inc. has performed similar work for surrounding agencies over the years. They have performed work for the cities/agencies of Fullerton, Mission Viejo, and Newport Beach.
References from these other clients indicate that their work product was excellent.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The award of contract is Categorically Exempt from the California Environmental Quality Act (CEQA) based upon a Class 1 exemption (Cal. Code Regs., Title 14, Section 15301). The Class 1 exemption
3. Union Pavement Services, Inc – Jurupa Valley $198,991.72
4. American Asphalt South, Inc – Riverside $208,626.04
5. All American Asphalt – Corona $227,964.20
6. Estate Design and Construction – Culver City $843,257.00
DESCRIPTION BASE BID
Construction Cost $173,446.24
Contingency 15% $26,016.94
Construction Engineering and Inspection (inhouse for cost savings)$0 Total Estimated Project Construction Cost $199,463.18
Agenda Item No. 9 June 3, 2025 | 3
consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration to existing public or private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The City’s Capital Improvement Program consists of minor maintenance applications on existing residential streets involving negligible expansion of the existing use and therefore qualifies as a Class 1 exemption.
TENTATIVE SCHEDULE:
Award contract June 3, 2025
Execute agreement June 19, 2025
Commence construction July 7, 2025
Complete construction August 2025
Project closeout September 2025
FISCAL IMPACT:
The City budgeted Fiscal Year 2025-26 Capital Improvement Plan Budget Funds for Residential Street Rehabilitation for Zone 4 Slurry Seal Improvements Project as follows:
• FY 25-26 Residential Zone 4, Measure M2 Funds (012-900-8130-00000) | $150,000 • FY 25-26 Gas Tax Fund Savings (011-900-8131-00000) | $50,000 • Total Project Funding | $200,000
ATTACHMENTS:
1. Agreement with Roy Allan Construction for Slurry Seal Improvement Project No. ST-372
2905/001784-0004
17754678.3 a05/27/25
AGREEMENT FOR CONSTRUCTION SERVICES
This Agreement for Construction Services (“Agreement”), made and entered into this day 3rd day of June, 2025, by and between the City of La Palma, a municipal corporation of the State of California, hereinafter referred to as the “City”, and Roy Allan Slurry Seal, Incorporated, hereinafter called and referred to as the “Contractor.” The Contractor and the City are hereafter together referred to as the “Parties” and each individually as a “Party.” WITNESSETH:
1. RECITALS: This Agreement is made and entered into with respect to the following facts:
(a) That City desires to obtain through the Contractor the services set forth and described in the Scope of Work for the Residential Zone 4 Slurry Seal Improvements, ST-372 attached hereto as Exhibit “A” and incorporated herein by this reference (hereinafter, the “Contractor Services”).
(b) That the Contractor represents to the City that the Contractor is well qualified to perform the Contractor Services by reason of Contractor’s training, expertise, experience, and background.
(c) That the public interest, convenience and necessity require that the City obtain the Contractor Services upon the terms and conditions set forth herein. (d) That the City and the Contractor mutually desire to enter into this Agreement for the provision of the Contractor Services by the Contractor for and on behalf of the City, in accordance with the terms and conditions set forth herein.
2. SERVICES:
(a) Provision of Contractor Services: During the term of this Agreement, the Contractor shall provide the Contractor Services as set forth in Exhibit “A.” Time is of the essence for this Agreement.
(b) Additional Services: If the City desires to add additional services or service locations not specifically described in Exhibit A (“Additional Services”), the City shall notify the Contractor thereof at least thirty (30) days in advance of the time such Additional Services shall commence. The Contractor shall perform such Additional Services, and compensation for the work performed shall be paid by the City in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and incorporated herein by this reference, or as otherwise may be agreed in writing by the City and the Contractor. It is expressly understood by the Contractor that the provisions of this Section 2(b) shall not apply to services specifically set forth in Exhibit “A” or reasonably contemplated therein.
The Contractor hereby acknowledges that it accepts the risk that the services to be provided contrary to the Scope of Services may be more costly or time consuming than the Contractor anticipates and that the Contractor shall not be entitled to additional Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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compensation therefor. Unless contradictory of this Section 2(b), all provisions in this Agreement applicable to the Contractor’s performance of the Contractor Services shall also apply to the Additional Services.
(c) Standard of Performance: In performing the Contractor Services, the Contractor shall use the skill and care that a highly specialized professional with significant expertise in the field, would use under similar circumstances. To the extent that the Contractor retains subcontractors to perform any portion of any of the Contractor Services, the Contractor has a duty to the City to ensure that the tasks and services performed by such subcontractors meet the same highly specialized professional level, skill, and expertise expected of the Contractor.
(d) Labor, Equipment, Materials: The Contractor shall equip itself with all necessary labor, equipment and materials to perform the services specified in this Agreement. The Contractor represents that the Contractor Services will be performed by the Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable Federal, State and local law to perform such tasks and services. The Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of the Contractor Services and as required by law. The Contractor shall at all times ensure that all goods, materials, equipment or personal property included within the Contractor Services shall be of good quality, fit for the purpose intended. (e) Work Site: The Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Contractor Services. Should the Contractor discover any conditions, including any latent or unknown conditions, which will materially affect the performance of the Contractor Services, the Contractor shall immediately inform the City of such fact in writing and shall not proceed except at the Contractor’s risk until written instructions are received from the City Representative.
(f) Independent Contractor: It is understood and agreed that all Contractor Services, and all services, labor, equipment and materials furnished in conjunction therewith shall be furnished by the Contractor as an independent contractor, subject to the inspection and approval of the City, or the City Representative (defined below). The City shall have the right to control the Contractor only as to results of the Contractor’s services rendered pursuant to this Agreement, and the City shall not have the right to control the means by which the Contractor accomplishes the services performed under this Agreement.
3. AUTHORITY OF THE CITY REPRESENTATIVE:
(a) City Representative: The “City Representative” shall be the Community Development and Public Works Director the City of La Palma, acting personally or through his or her duly authorized agents, each agent acting only within the scope of authority delegated to him or her.
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(b) Scope of Authority. The City Representative shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work. The City Representative shall further decide all questions which may arise as to the acceptable fulfillment of this Agreement on the part of the Contractor; and all questions as to claims and compensations. The City Representative’s decisions shall be final, and the City Representative shall have authority to enforce and make effective such decisions and to order that the Contractor carry out such decisions promptly.
4. TERM OF AGREEMENT: This Agreement shall commence and terminate on the dates set forth in Exhibit “A”. However, either :Party, at its discretion, shall have the right to terminate this Agreement at any time by giving thirty (30) days advance written notice.
5. COMPENSATION:
(a) Amount of Compensation. Compensation will be determined according to the Budget and Fee Schedule set forth in Exhibit “B”.
(b) Invoices. The Contractor shall invoice the City on a monthly basis for all work performed by the Contractor under this Agreement. Invoices shall include billings for all charges, including authorized direct costs incurred by the Contractor during the month covered by the invoice. All charges for labor or professional services shall describe with specificity the services rendered and shall set forth the number of hours worked and hourly rates in accordance with Exhibit “B”. Within thirty (30) days of receipt of an invoice, and upon determination by the City that the invoice is in order and that the Contractor has performed all requested or required services in a timely and competent manner, the City shall pay such invoice.
(c) Record of Payment. The Contractor shall maintain records on all services for and charges to the City under this Agreement for a period of not less than twenty-four (24) months, or for any longer period required by law, after the termination of this Agreement, and make such records available for review and audit if requested by the City at any time during the term, or within twenty-four (24) months, or for any longer period required by law, after the termination of this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
6. LICENSES, PERMITS, APPROVALS, FEES:
(a) The Contractor must possess at the time of commencing work and throughout the duration of this Agreement, a Contractor’s License, issued by the State of California, which is current and in good standing. The Contractor shall ensure that any subcontractor working on the Contractor Services possesses at the time of commencing work and throughout the duration of such subcontractor’s work on the Contractor Services, a Contractor’s License, issued by the State of California, which is current and in good standing. The Contractor shall take out and maintain during the life of this Agreement a valid City Business License.
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(b) The Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Contractor Services prior to commencing work. The Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Contractor Services. The Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Contractor Services, and shall indemnify, defend and hold harmless the City and City Personnel against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against the City hereunder.
7. INSURANCE AND LIABILITY: The Contractor shall not commence work under this Agreement until it has secured all types and amounts of insurance required under this Section, nor shall it allow any subcontractor to commence work on any subcontract to this Agreement until all similar insurance required of the subcontractor has been obtained. Without limiting the Contractor’s indemnification obligations, the Contractor shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. In the event that the Contractor subcontracts any portion of the work, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section. (a) Insurance Coverage Required: The policies and amounts of insurance required hereunder shall be as follows:
(i) Commercial General Liability (including premises and operations, contractual liability, personal injury, death, and independent contractor liability):
Not less than Three Million Dollars ($3,000,000.00) per occurrence. (ii) Automobile Liability (including owned, non-owned, leased, and hired autos): One Million Dollars ($1,000,000.00), combined single limit, per occurrence for bodily injury, death, and property damage. (iii) Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for the Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, the Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. (iv) Umbrella or Excess Liability Insurance that will provide bodily injury, personal injury, death, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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liability, automobile liability, and employer’sliability. Such policy or policiesshall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(b) Contractor’s Insurance General Requirements:
(i) All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (ii) Commercial General Liability, Automobile Liability, and Employer’s Liability shall name the City, and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers (collectively hereinafter “City and City Personnel”) as additional insureds and contain no special limitations on the scope of protection afforded to the City and City Personnel. All insurance provided hereunder shall include the appropriate endorsements.
(iii) All insurance policies shall be primary insurance and any insurance or self-insurance maintained by the City and/or City Personnel shall be in excess of the Contractor’s insurance and shall not contribute with it. (iv) All insurance policies shall be “occurrence” rather than “claims made” insurance.
(v) All insurance policies shall apply separately to each insured against whom a claim is made or suit brought, except with respect to the limits of the insurer’s liability.
(vi) All insurance policies shall be endorsed to state that the insurer shall waive all rights of subrogation against the City and City Personnel.
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(vii) All insurance policies shall be written by good and solvent insurer(s) admitted to do business in the State of California and approved in writing by the City.
(viii) All insurance policies shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
(ix) All insurance policies shall state that the City shall not be liable for the payment of premiums or assessments under the policy. (x) Insurance policies shall not contain any limiting provision or endorsement that has not been submitted to the City for approval. By way of example, additional insured endorsements shall not be limited to “ongoing operations,” exclude contractual liability, restrict coverage to the “sole” liability of the Contractor, or contain any other limitation contrary to this Agreement. (c) Deductibles: Any deductibles or self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved in writing by the City. (d) Evidence of Coverage: The Contractor shall furnish the City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work on the Contractor Services commences. At least thirty (30) days prior to the expiration of any policy of insurance required under this Agreement, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with the City. (e) Workers Compensation Insurance: The Contractor shall file with City the following signed certification:
“I am aware of, and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of the Agreement.”
In the event the Contractor has no employees requiring the Contractor to provide Workers’ Compensation Insurance, the Contractor shall so certify to the City in writing prior to the City’s execution of the Agreement. The City and City Personnel shall not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this section or with the provisions of law relating to workers’ compensation.
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(f) Default of Insurance Requirements: In addition to any other remedies at law or equity the City may have if the Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time required by this Section, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for the Contractor’s breach: (1) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; (2) that becomes due to the Contractor hereunder, or both, until the Contractor demonstrates compliance with the insurance requirements herein; and/or (3) Immediately terminate this Agreement.
8. INDEMNIFICATION:
(a) The Contractor shall indemnify, defend with legal counsel approved by the City, and hold harmless the City, City Personnel from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature (“Claims”) arising out of or in connection with the Contractor ‘s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to Claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
(b) The Contractor’s obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or City Personnel. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the Parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. (c) The Contractor hereby authorizes the City to deduct from any amount payable to the Contractor (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate the City for any losses, costs, liabilities, or damages suffered by the City, and all amounts Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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for which the City may be liable to third parties, by reason of the Contractor’s negligent acts, errors, or omissions, or willful misconduct, in performing or failing to perform the Contractor’s obligations under this Agreement. The City in its sole and absolute discretion, may withhold from any payment due to the Contractor, without liability for interest, an amount sufficient to cover such claim. The failure of the City to exercise such right to deduct or withhold shall not act as a waiver of the Contractor’s obligation to pay the City any sums the Contractor owes the City.
9. OBSERVING LAWS AND ORDINANCES: The Contractor shall keep itself fully informed of all existing and future state and federal laws and all county and City ordinances and regulations which in any manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in this Agreement in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the City Representative in writing.
The Contractor shall at all times observe and comply with and shall cause all its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect, indemnify, hold harmless, and defend to the fullest extent permitted by law the City and City Personnel, and the City Representative, and all of their respective officers, employees, and representatives against any claim or assertion of liability, or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor or by its agents, representatives, employees, or subcontractors.
10. NON-DISCRIMINATION: The Contractor shall not discriminate against any employee or applicant for employment because of any impermissible classification pursuant to Federal or State law, including, but not limited to, race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The Contractor shall incorporate the foregoing provisions in all subcontracts..
11. PATENTED AND COPYRIGHTED MATERIALS: The Contractor shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by the Contractor under this Agreement. Pursuant to Section 8 herein, the Contractor shall indemnify, defend (with legal counsel acceptable to the City), and hold the City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
12. PREVAILING WAGE REQUIREMENTS:
(a) Public Work: The Contractor hereby expressly acknowledges and agrees that the City has never previously affirmatively represented to the Contractor, its employees or agents in writing or otherwise that the work to be covered under this Agreement is not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the project, including, without limitation, any public work (as defined by applicable law), if any, the Contractor shall bear all risks of payment or nonpayment of state and/or federal prevailing wages and/or the implementation of Labor Code Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, the City will enforce all penalties required by law for the Contractor’s failure to pay prevailing wages. (b) Labor Code of California: The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, the City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with the City’s principal office and are available to any interested party on request. The Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
(ii) The Contractor is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said section. Pursuant to Labor Code Section 1771.4, the Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810 it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (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 eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to Labor Code Section 1813, it is stipulated hereby that the Contractor shall, as a penalty to the City, forfeit $25 for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. (vi) The Contractor is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that the Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-Contractors or subcontractors employed by him or her in connection with this Agreement.
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(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that the Contractor shall, as a penalty to the City, forfeit not more than $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Contractor Services by the Contractor or any subContractor or subcontractor. (c) Bidding Eligibility: Pursuant to Labor Code Section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
(d) DIR Monitoring: Pursuant to Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
13. CONFLICTS OF INTEREST:
(a) City Personnel. No City Personnel shall have any financial interest, direct or indirect, in this Agreement, or participate in any decision relating to this Agreement that affects his or her financial interest or the financial interest of any corporation, partnership, association or other entity in which he or she is interested, in violation of any federal, state or city statute, ordinance or regulation. The Contractor shall not employ any such person while this Agreement is in effect.
(b) Contractor. The Contractor represents, warrants and covenants that he, she or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of the Contractor’s obligations and responsibilities under this Agreement. The Contractor further agrees that while this Agreement is in effect, the Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of the Contractor’s obligations and responsibilities under this Agreement. The Contractor acknowledges that pursuant to the provisions of the Political Reform Act (Government Code section 87100 et seq.), the City may determine the Contractor to be a “consultant” as that term is defined by the Act. In the event the City makes such a determination, the Contractor agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by the City. In such event, the Contractor further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by the City.
14. NO UNDUE INFLUENCE: The Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from the Contractor, or from any officer, employee, or agent of the Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. The Contractor further warrants that it has not Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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employed or retained any company or person other than a bona fide employee working for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
15. ASSIGNMENT: The Contractor shall not assign, hypothecate, or otherwise transfer this Agreement or any portion hereof, without first obtaining the written consent of the City. If such an assignment, hypothecation, or transfer is made or attempted by the Contractor, the assignment, hypothecation, or transfer shall be void; and the City, at its sole option, may terminate this Agreement upon the giving of a 24-hour written notice to the Contractor of such termination.
16. PERFORMANCE: If the Contractor should neglect to prosecute the work to the City’s satisfaction, or, in the City’s reasonable discretion, fail to perform any provisions of this Agreement, the City, after five (5) days written notice to the Contractor, may without prejudice to any other remedy the City may take appropriate action, including but not limited to any of the following: (1) meeting with the Contractor, its agents or subcontractors to review the quality of the work and resolve matters of concern; (2) requiring the Contractor to have the work repeated at no additional fee until it is satisfactory; (3) withholding payment of the City’s compensation to the Contractor for any unsatisfactory work performed; (4) suspending delivery of work to the Contractor for an indefinite time; (5) making good such deficiencies and deducting the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the City Representative shall approve such action and certify the amount thereof to be charged to the Contractor; and/or (6) terminating this Agreement. Except as may be expressly set forth in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies or other rights or remedies as may be permitted by law or in equity shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies to which such Party may be entitled.
17. FORCE MAJEURE: Any time period specified in this Agreement for performance of services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the City or the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the delaying Party shall within ten (10) days of the commencement of such delay notify the other Party in writing of the causes of the delay (“Force Majeure Event”). If the Contractor is the delaying Party, the City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. The City’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall the Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. The Contractor’s sole remedy shall be an extension of this Agreement pursuant to this section. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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or conditions, or (c) a party’s financial inability to perform its obligations hereunder. The current events related to the COVID-19 pandemic are known and shall not constitute Force Majeure Event, future impacts of the COVID-19 pandemic may be considered a Force Majeure Event to the extent that they prevent the performance of a Party's obligations under this Agreement.
18. NOT AN AGENT OF THE CITY: The Contractor is an independent contractor.
Except as the City may specify in writing, the Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. This Agreement does not grant to the Contractor any authority, express or implied, to bind the City to any obligation whatsoever.
19. NO BENEFIT TO ARISE TO CITY EMPLOYEES: No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Contractor Services to be performed under this Agreement.
20. PARTY ADDRESSES: Any notice, payment, or instrument required or permitted to be given or delivered by this Agreement may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows, or to such other address provided by a written notice from one party to the other:
If to the City: City of La Palma
7822 Walker Street
La Palma, CA 90623
Attn: Belinda Deines, Community Development
Public Works Director
If to the Contractor: Roy Allan Slurry Seal, Inc
12643 Emmens Way
Santa Fe Springs, CA 90670
Attn: Lawrence Allan, President
21. WARRANTY: The Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. The Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, the Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at the Contractor’s sole cost and expense. The Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by the Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, the Contractor’s Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. The Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement.
All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by the Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and the Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. This provision may be waived in Exhibit A if the Contractor Services hereunder do not include construction of any improvements or the supplying of equipment or materials.
22. ATTORNEYS’ FEES: In any action or proceeding between the Parties hereto seeking interpretation or enforcement of any of the terms or provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to and recover from the other Party its reasonable attorneys’ fees and other reasonable expenses in connection with such action or proceeding.
23. SEVERABILITY: If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
24. EXECUTION: The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.
25. NO WAIVER: No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
26. NO THIRD-PARTY BENEFICIARIES: This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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Agreement, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
27. NON-LIABILITY OF CITY PERSONNEL: No City Personnel shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
28. VENUE: Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and maintained in the Superior Courts of the State of California in the County of Orange, or in any other appropriate court with jurisdiction in such County, and the Contractor agrees to submit to the personal jurisdiction of such court.
29. SURVIVAL: The terms, provisions, representations and certification contained in this Agreement, or inferable therefrom, shall survive the termination of this Agreement and the payment of the compensation hereinabove provided.
30. SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
31. INTEGRATION, CONSTRUCTION, AND AMENDMENT: This Agreement contains the entire understanding of the Parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Parties. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, signed by all the Parties hereto. The City Representative is hereby authorized to approve amendments to this Agreement to the extent permitted by applicable law.
32. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
33. SPECIAL PROVISIONS: Any special provisions applicable to this Agreement are set forth in EXHIBIT “C”, attached hereto and incorporated herein by this reference.
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IN WITNESS WHEREOF, the City Council of the City of La Palma caused the Agreement to be subscribed by its Mayor and said Contractor has executed or caused this Agreement to be executed by its duly authorized officer(s).
CITY OF LA PALMA
ATTEST:
By:
Joseph Cisneros
Deputy City Manager
Kimberly Kenney, CMC
City Clerk
CONTRACTOR
By:
Lawrence Allan, President
[Title]
By:
APPROVED AS TO FORM:
By:
City Attorney, City of La Palma
[Title]
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EXHIBIT A
-1- 2905/001784-0004
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EXHIBIT A
Scope of Work,
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CITY OF LA PALMA
Community Services Department
7821 Walker Street
La Palma, California 90623-1771
CITY COUNCIL
Mark I. Waldman, Mayor
Natish P. Patel, Mayor Pro Tem
Debbie S. Baker, Council Member
Janet Keo Conklin, Council Member
Vikesh P.Patel, Council Member
CITY MANAGER
Conal McNamara
PUBLIC WORKS AND COMMUNITY DEVELOPMENT
Belinda Denies
BID DOCUMENTS AND SPECIFICATIONS
FOR
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
KEY RFP DATES:
Issue Date: April 15, 2025
Mandatory Pre-Bid Meeting: Arpil 29, 2025 at 1:30 pm
Deadline for Questions: May 2, 2025
Proposal Due Date: May 13, 2025
Award of Contract: June 3, 2025
April 2025
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
CITY OF LA PALMA
Community Services Department
7821 Walker Street
La Palma, California 90623-1771
BID DOCUMENTS AND SPECIFICATIONS
FOR
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
Approved By:
______________________________ ____________
Douglas Benash, City Engineer Date
R.C.E. No. C 53935
Expires 12/31/2025
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
CITY OF LA PALMA
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
INDEX TO
CONTRACT DOCUMENTS
DESCRIPTION PAGE
NOTICE INVITING SEALED BIDS A-1
INSTRUCTIONS TO BIDDERS B-1
PROPOSAL C-1
BID BOND D-1
INFORMATION REQUIRED OF BIDDERS E-1
AGREEMENT F-1
FAITHFUL PERFORMANCE BOND G-1
LABOR AND MATERIAL BOND H-1
WORKERS’ COMPENSATION CERTIFICATE I-1
GENERAL PROVISIONS
SPECIAL PROVISIONS
GP-1
SP-1
TECHNICAL PROVISIONS TP-1
STANDARD PLANS Appendix A
Attachment “A” – Residential Zone 4 Vicinity Map
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CITY OF LA PALMA
NOTICE INVITING BIDS
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
NOTICE INVITING BIDS: Sealed proposals will be received at the office of the City Engineer, La Palma, California, until 10:00 AM on Tuesday, May 13, 2025 for furnishing of all labor, materials and equipment for ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372.
All prospective contractors are to register through OpenGov, complete the required documents, complete the pricing table and review all attachments through OpenGov for the bid submittal. HARD COPY BID SUBMITTALS WILL NOT BE ACCEPTED.
The Bids shall be submitted through the OpenGov Portal to the City Engineer, City of La Palma for the ,ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372 to be opened on Tuesday, May 13, 2025 at 10:00 AM.” The proposals will be opened through OpenGov and read aloud in the office of the City Engineer at the aforementioned time on the aforementioned date. Any proposals received after the aforementioned time on the aforementioned date shall be returned unopened.
DESCRIPTION OF WORK: The work includes the placement of Slurry Seal Type II in residential zone 4 with weed abatement, crack sealing and replacing all striping, legends and markings.
SUBSTITUTIONS: Contractors requesting to offer substitutions shall provide all product substitutions five (5) days prior to bid for consideration by the City prior to Bid. Substitutions will not be considered by the City after bids have been received.
COMPLETION OF WORK: The project shall be completed within “FORTY-FIVE (45)” consecutive working days (Monday – Friday), beginning on the date stipulated in the written Notice-to-Proceed issued by the City Engineer. Failure to complete the Work within the time set forth herein will result in the imposition of liquidated damages for each day of delay, in the amount set forth in the Information for Bidders.
MANDATORY BIDDERS CONFERENCE: All bidders must attend a bidder’s conference on April 29, 2025 at 1:30 p.m., to be held at La Palma Community Center Fan Palm Room at 7821 Walker Street, La Palma, CA 90623. All proposals received from Bidders not in attendance at the Bidders Conference shall be deemed non-responsive and shall be rejected. Deadline for all RFI’s/Questions is May 2, 2025 by 4:00 pm.
OBTAINING PLANS AND SPECIFICATIONS: Plans, Specifications, and any project addenda are available for download on the city’s website, www.cityoflapalma.org. All prospective bidders are responsible for checking the City’s website for the issuance of any project addenda prior to the bid opening for inclusion as part of the bid proposal. Due to the Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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posting of the documents on the city website, the City no longer maintains a plan holder list.
For project information, please contact the office of the City Engineer at (714) 690-3310.
BONDS: Pursuant to the Instructions to Bidders, each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the amount of the bid price payable to the City of La Palma as a guarantee that the bidder, if his or her proposal is accepted, will promptly execute the contract, secure payment of workers’ compensation insurance and furnish a satisfactory faithful performance bond in the amount of one hundred percent (100%) of the total bid price and a labor and material bond in the amount of one hundred percent (100%) of the total bid price.
SUBSTITUTION OF SECURITIES: The Contractor may substitute securities for any monies withheld by the City to ensure performance under the contract in compliance with the requirements of Public Contract Code Section 22300 and the "Substitution of Securities" provisions of the General Provisions.
WAGE RATES: As required by Section 1773 of the California Labor Code, the Director of the Department of Industrial Relations of the State of California has determined the general prevailing rates of wages in the locality in which Work is scheduled to be performed. Copies of the wage rate determinations, entitled PREVAILING WAGE SCALE, are maintained at the La Palma City Hall, 7822 Walker Street, La Palma, California, and are available to any interested party upon request. The Contractor shall post a copy of this document at each job site. The Contractor and any subcontractor under it shall pay not less than the specified prevailing rates of wages to all workers employed in the execution of the Contract.
CONTRACTOR'S LICENSE: In accordance with the provisions of California Public Contract Code Section 3300, the City requires that the bidder possess the following classification of contractor’s license at the time that the bid proposal is submitted: Class A. If the license classification specified hereinabove is that of a “specialty contractor” as defined in Section 7058 of the California Business and Professions Code, the specialty contractor awarded the Contract for this Work shall itself construct a majority of the Work, in accordance with the provisions of California Business and Professions Code Section 7059. Each bidder shall clearly write or type their contractor’s license number on the outside of the bidding envelope.
CONTRACTORS REGISTRATION: In accordance with the provisions of Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal or (b) engage in the performance of this Work, unless currently registered and qualified to perform the Work pursuant to Labor Code Section 1725.5.
COMPLIANCE MONITORING AND ENFORCEMENT: Contractor’s performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
EQUAL OPPORTUNITY: The City hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of sex, race, color, or national origin in consideration for an award.
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CITY'S RIGHTS RESERVED: The City of La Palma reserves the right to reject any and all proposals or bids, including the bid of a bidder who has been delinquent or unfaithful in any former contract with the City of La Palma, or to waive any irregularities or informalities in any bids or in the bidding, should it deem this necessary for the public good. No bidder may withdraw his or her bid for a period of sixty (60) days after the date from the opening thereof.
DATED: April 15, 2025 CITY OF LA PALMA, CALIFORNIA
By: ______________________________
Belinda Denies
Public Works and Community
Development
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CITY OF LA PALMA
INSTRUCTIONS TO BIDDERS
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
CONTRACT DOCUMENTS: The Contract Documents consist of the Notice Inviting Sealed Bid; Information for Bidders, Summary and Bid Schedule; Firm Identification; List of Subcontractors; Equipment/Material Source Information; Noncollusion Declaration to be Executed by Bidder and Submitted with Bid; Bid Bond; Contractor’s License Declaration; Firm’s Experience; Firm’s References; Agreement; the Faithful Performance Bond, the Labor and Material Bond, Escrow Agreement for Security Deposits in Lieu of Retention; the Workers’ Compensation Certificate, the General Provisions, Special Provisions and the Technical Provisions;, the Specifications and the Drawings mentioned therein, and any Addenda issued by the City with respect to the foregoing prior to the opening of bids. Also included shall be any and all Contract Documents amending the scope or cost or extending the time of completion of the Work contemplated and which may be required to complete the Work in a substantial and acceptable manner.
PROJECT LOCATION DESCRIPTION: The project consists of One (1) major project areas:
1. Residential Maintenance Zone 4 (See Attachment “A”)
The Engineer’s Estimate to complete ALL project areas is $275,000.
PREPARATION OF BIDS: All proposals under these Contract Documents shall be submitted on the blank forms, which may be obtained at the office of the City Engineer of the City of La Palma, 7821 Walker Street, La Palma, California 90623. Numbers shall be stated both in words and in figures where so indicated, and where there is a conflict in the words and figures, the words shall govern. The signatures of all persons signing the Bid shall be in longhand. Prices, working and notations must be in ink or typewritten.
Erasures or other changes shall be noted over by signature of the Bidder. In the event that the Bidder is a joint venture or partnership, there shall be submitted with the bid certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall be the agent of the joint venture or partnership, who shall sign all necessary documents for the joint venture or partnership and, should the joint venture or partnership be the successful Bidder, who shall act in all matters relative to the Contract resulting therefrom for the joint venture or partnership.
FORM AND DELIVERY OF BIDS:
All prospective contractors are to register through OpenGov, complete the required documents, complete the pricing table and review all attachments through OpenGov for the bid submittal. HARD COPY BID SUBMITTALS WILL NOT BE ACCEPTED.
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The Bids shall be submitted through the OpenGov Portal to the City Engineer, City of La Palma for the ,ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372 to be opened on Tuesday, May 13, 2025 at 10:00 AM.” The proposals will be opened through OpenGov and read aloud in the office of the City Engineer at the aforementioned time on the aforementioned date. Any proposals received after the aforementioned time on the aforementioned date shall be returned unopened.
The bid must be received on or before the time set forth in the Notice Inviting Bids for the opening of bids. The envelope shall be plainly marked in the lower left had corner with the bidder’s name and contractor’s license number, the Contract designation and the date and time for the opening of bids. It is the Bidder’s sole responsibility to ensure that its Bid is received prior to the scheduled closing time for receipt of Bids. In accordance with Government Code Section 53068, any Bid received after the scheduled closing time for receipt of Bids shall be returned to the Bidder unopened. At the time set forth in the Notice Inviting Bids for the opening of bids the sealed Bids will be opened and read aloud at the City Office.
CONTRACTOR’S REGISTRATION: In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work after April 1, 2015, unless currently registered and qualified to perform the Work pursuant to Labor Code Section 1725.5.
MODIFICATIONS AND ALTERNATIVE PROPOSALS: Unauthorized conditions, limitations, or provisos attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. Alternative proposals will not be considered unless called for. No oral, telegraphic or telephonic proposals or modifications will be considered. The City reserves the right to reject any and all Bids.
WITHDRAWAL OF PROPOSAL: The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after, the time fixed for opening of bids, provided that the request is in writing, has been executed by the Bidder or his or her duly authorized representative and is filed with the City Engineer prior to the scheduled closing time for receipt of Bids. No proposal may be withdrawn during the period of sixty (60) days after the opening of proposals. Pursuant to Section 5100, et seq., of the California Public Contract Code, the Bidder shall notify the City within five (5) calendar days after the opening of bids of the mistake, specifying in the notice how the mistake occurred, in case of a mistake in the bid submitted by the Bidder.
PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash or by a cashier's or certified check or by a bid bond in the amount of ten percent (10%) of the amount of the bid price payable to the City of La Palma as a guarantee that the bidder, if his or her proposal is accepted, will promptly execute the contract, secure payment of workers’ compensation insurance and furnish a satisfactory faithful performance bond in the amount of one hundred percent (100%) of the total bid price and a labor and material bond in the amount of one hundred percent (100%) of the total bid price. The bidder Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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whose proposal is accepted must enter into a contract within fifteen (15) days after written notice of the award and furnish the necessary bonds and insurance as hereinafter provided. In case of refusal or failure to enter into said contract, the cash, check or bond, as the case may be, shall be forfeited to the City. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the City, which is bound herein, and is properly filled out and executed.
DISCREPANCIES IN PROPOSALS: In case of discrepancy between words and figures, the words shall prevail. If the amounts bid on individual items (if called for) do not add up to the total amount shown by the bidder, the correctly added total of the individual items shall prevail over the total figure shown by the bidder if there is a discrepancy between these figures. The estimated quantities and amount are for the purpose of comparison of bids only.
INTERPRETATION AND ADDENDA: Each Bidder shall promptly and in writing, notify the City of any conflicts, errors, omissions, ambiguities or discrepancies found in the bidding documents. Addenda may be issued to modify the Contract Documents as deemed advisable by the City. Addenda will be posed or delivered to all parties recorded by the City as having received the contract Documents. No addenda will be issued later than seven (7) calendar days prior to the date for receipt of bids, except an Addendum, if necessary, postponing the date and time for receipt of bids or withdrawing the request for bids. Full consideration shall be given to all Addenda in preparation of Proposals, as Addenda form a part of the Contract Documents. Bidders shall verify the number of Addenda issued, if any, and acknowledge the receipt of all Addenda in the Bid. Failure to so acknowledge may cause the Bid to be rejected.
COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the proposal. To this end, each proposal shall be supported by a statement of the bidder’s experience on the form entitled “Information Required of Bidder” bound herein. No proposal for this work will be accepted from a Contractor who is not licensed in accordance with the laws of the State of California under applicable provisions of the Business and Professions Code. The licensing requirements for Contractors shall apply also to subcontractors.
BIDDER’S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the Contract Documents therefor. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality and quantity of materials to be furnished; and as to the requirements of the Contract Documents, specifications, and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the form entitled “Information Required of Bidder” in the space provided therefore.
DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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considered in future proposals.
RETURN OF PROPOSAL GUARANTEES: Within ten (10) days after award of the contract, the City will return the proposal guarantees accompanying such of the proposals as are not considered in making the award. All other proposal guarantees will be held until the contract has been finally executed. They will then be returned to the respective bidders whose proposals they accompany.
AWARD OF CONTRACT: Bids will be compared on the basis of the lowest cost and the contract, if awarded, will be awarded to a responsible bidder whose proposal complies with the requirements of these Contract Documents. The award, if made, will be made within sixty (60) days after the opening of the proposals, provided that the award may be made after said period if the successful bidder shall not have given the City written notice of the withdrawal of his or her bid. The City reserves the right, after opening bids, to reject any and all bids, to waive any informality in a bid, to make awards in the interest of the City, and to reject all other bids.
EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the City on the Agreement provided in the Contract Documents, and shall secure all insurance and bonds as herein provided within fifteen (15) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder refuses or fails to execute the contract, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder’s guarantee shall be likewise forfeited to the City. The work may then be re-advertised.
INSURANCE AND BONDS: The Contractor shall comply with the insurance requirements in the General Provisions which are incorporated herein by this reference. The Contractor shall not commence work under the contract until he or she has secured all insurance and bonds required under the Contract Documents, nor shall the Contractor allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor has been obtained. All insurance issued in compliance with this section shall be issued in the form, and by an insurer or insurers, satisfactory to and first approved by the City in writing.
The Contractor shall maintain adequate workers' compensation insurance under the laws of the State of California for all labor employed by him or her or by any subcontractor under him or her who may come within the protection of such workers’ compensation insurance laws. At the time of execution of the contract, the Contractor shall provide the certificate regarding workers’ compensation insurance as indicated in Page I-1 of these Contract Documents.
The Contractor shall secure with a responsible corporate surety or corporate sureties, satisfactory bonds guaranteeing faithful performance by the Contractor of all requirements under these Contract Documents and upon the payment of claims of material, persons and Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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laborers thereunder. The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. The labor and material bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the proposal. No bond will be accepted unless it conforms substantially to the forms furnished by the City, which are bound herein, and is properly filled out and executed.
All surety companies shall be admitted surety insurers and shall comply with the provisions of Code of Civil Procedure Section 995.630.
EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the City satisfactory evidence showing the bidder's financial resources, his or her construction experience and his or her organization and plant facilities available for the performance of the contract.
LISTING OF SUBCONTRACTORS: Each bidder shall submit a list of the proposed subcontractors on this Project as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following). The form entitled "Information Required of Bidders" shall be used for this purpose.
WAGE RATES: The Contractor and/or subcontractor shall pay wages at rates not less than those adopted pursuant to the Labor Code of the State of California as indicated in the "Notice Inviting Sealed Bids.”
SAFETY PERMIT: The City will not perform safety inspections for this Project. Particular attention is called to Subsection 7-10.4.1 of the Standard Specifications for Public Works Construction, latest edition plus any supplements at the time of execution of these Contract Documents, published by BNi Publications, Inc., 1612 S. Clementine Street, Anaheim, California 92802 (hereafter referred to as the "Standard Specifications") which is incorporated herein by this reference. The Contractor shall have at the work site copies or suitable extracts of Construction Safety Orders, Tunnel Safety Orders (if applicable to the Project), and General Industry Safety Orders issued by the State Division of Industrial Safety.
OTHER PERMITS, FEES, AND LICENSES: The Contractor shall, prior to the start of construction, obtain a "Construction Permit" from the City of La Palma's Engineering Department, said permit being a "no-fee" permit.
In addition to the requirements above noted, the Contractor and all subcontractors shall possess a valid City of La Palma Business License at the time of application for the Construction Permit and for the duration of the contract.
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PROPOSAL FORM
FIRM
NAME:_________________________________________________________________ ADDRESS:______________________________________________________________ _______________________________________________________________________ TELEPHONE:___________________________________________________________ FOR
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
FOR
CITY OF LA PALMA, CALIFORNIA
(One copy shall be completed and submitted as the bid;
the other shall be the bidder's file copy.)
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PROPOSAL FOR
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LA PALMA:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work and improvements therein described, and to furnish all labor and materials, equipment and incident insurance necessary therefore, in accordance with the plans and specifications therefore, known as ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372 which are on file in the office of the City Engineer of the City of La Palma; and the undersigned agrees to perform the work and improvements therein mentioned to the satisfaction of and under the supervision of the City Engineer of the City of La Palma, duly appointed for said work in the matter of “ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372 on file in the office of the City Engineer of the City of La Palma, and further agrees to enter into a contract therefore in the time, form and manner provided by law at the following prices, to wit:
BID ITEM – RESIDENTIAL ZONE 4
BID
ITEM
NO.
UNIT
QTY
ITEMS
UNIT PRICE WRITTEN IN WORDS
UNIT PRICE
(FIGURES)
TOTAL PRICE
(FIGURES)
1. LS
1 Mobilization and Traffic Control
_______________________________
$ $
2. LS
1 Storm Water Pollution Prevention Plan
(SWPPP/BMP)
_______________________________
$ $
3. LS
1 Crack Seal and Weed Sterilant –
Residential Zone 4
_____________________________
$ $
4. SF
95,040
Install Slurry Seal [Type II] –
Residential Zone 4
_______________________________
$ $
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BID
ITEM
NO.
UNIT
QTY
ITEMS
UNIT PRICE WRITTEN IN WORDS
UNIT PRICE
(FIGURES)
TOTAL PRICE
(FIGURES)
5. LS
1 Cul-De-Sac, Bulbs, 1.5” Grind -
Residential Zone 4
_____________________________SF
$ $
6. LS
1 Cul-De-Sac, Bulbs, 1.5” AC Paving –
Residential Zone 4
_____________________________SF
$ $
7. LS
1 Thermo Plastic Traffic Striping,
Markings & Signage; Pavement
Markers – Residential Zone 4
______________________________
$ $
8. LS
1 Street sweeper services 30 calendar
days after final completion –
Residential Zone 4
_______________________________
$ $
TOTAL FOR ALL ITEMS IN WORDS:
__________________________________________________
TOTAL FOR ALL
ITEMS
IN NUMBERS:
________________
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TOTAL FOR ALL ITEMS IN WORDS:
Residential Zone 4
GRAND TOTAL
FOR ALL ITEMS
IN NUMBERS:
________________
It is understood and agreed that:
The contract will be awarded on the total bid price to the lowest responsible bidder.
The City reserves the right to award a contract based on any combination of ALL or DELETED bid items.
1. The Bidder has carefully examined all the Contract Documents which will form a part of the contract; namely, documents consist of Notice Inviting Bids; Information for Bidders; Summary and Bid Schedule; Firm Identification; List of Subcontractors; Equipment/Material Source Information; Noncollusion Affidavit to be Executed by Bidder and Submitted with Bid; Bid Bond; Contractor’s License Declaration; Firm’s Experience; Firm’s References; Agreement; Faithful Performance Bond; Labor and Materials Bond; Escrow Agreement for Security Deposits in Lieu of Retention; General Provisions; Special Provisions and Technical Specifications; and any Addenda issued prior to the submittal of this Proposal. Also included shall be any and all supplemental written agreements approved as required by these Contract Documents amending the scope or cost or extending the time of completion of the Work contemplated and which may be required to complete the Work in a substantial and acceptable manner.
2. The Bidder has satisfied itself as to the nature and location of the Work and fully informed itself as to all conditions and matters which can in any way affect the Work or the cost thereof.
3. The Bidder fully understands the scope of Work and has checked carefully all words and figures inserted in this Proposal and further understands that the City of La Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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Palma will in no way be responsible for any errors or omissions in the preparation of this Proposal.
4. The Bidder has given the City Engineer written notice of all omissions, conflicts, errors or discrepancies that the Bidder has discovered in the Contract Documents, and the written resolution thereof is acceptable to the Bidder.
5. The Bidder agrees and acknowledges that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the Bidder will comply with such provisions of that Code before commencing the performance of this contract if it is awarded to the Bidder.
6. The Bidder hereby certifies that it is, and at all times during the performance of work hereunder shall be, in full compliance with the provisions of the Immigration Reform and Control Act of 1986 (“IRCA”) in the hiring of its employees, and the Bidder shall indemnify, hold harmless and defend the City against any and all actions, proceedings, penalties or claims arising out of the Bidder's failure to comply strictly with the IRCA.
7. The Bidder will execute the Agreement and furnish the required bonds, together with the certification of insurance required, within fifteen (15) calendar days after the award of the Contract.
8. The Bidder will not begin work unless and until all requirements in regard to bonds and insurance have been satisfied, and the Bidder will complete said Work within the period of time specified in the Notice Inviting Bids.
9. If requested by the City, the Bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of its current financial condition.
10. Prior to and as a condition of entering into an Agreement for the Work scheduled herein on which it submits a bid, the Bidder shall provide the City with proof of the Bidder’s and all subcontractors’ current registration to perform public work pursuant to Labor Code Section 1725.5.
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Attached is a bidder's bond, certified check, or cashier's check No. ___________ of the ________________________________________ Bank, for ________________________ ___________________________________ Dollars ($___________________), payable to the City of La Palma, California, which is not less than ten percent (10%) of this bid, and which is given as a guarantee that the undersigned will enter into the contract, if awarded to the undersigned. The undersigned further agrees that in case of default in executing the required contract with the necessary bonds, within the time limits above specified, said bond or check and the money payable therein shall be forfeited to and become the property of the City of La Palma, California. The City Council of the City of La Palma reserves the right to reject any and all bids. The undersigned further agrees, in case of award, to the execution of the contract for the within described work and improvements, within fifteen (15) days following written notice of award of contract. All work to be done under this contract shall be completed within the time period set forth in the Notice Inviting Sealed Bids. The bid is submitted in response to the Notice Inviting Sealed Bids attached hereto, and pursuant to all of the proceedings of the City Council of the City of La Palma heretofore had and taken to date. The names of all persons, firms and corporations interested in the foregoing Proposal as principals are as follows:
____________________________________
____________________________________
____________________________________
The undersigned are prepared to satisfy the City Council of the City of La Palma of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth.
NOW, THEREFORE, in compliance with the Contract Documents and all the provisions stipulated therein, the undersigned, with full cognizance thereof, proposes to perform the entire Project for the prices set forth hereinbefore.
Dated: ____________________ _________________________________ Signature of Authorized Officer
___________________________ _________________________________ Firm Name Print Name
___________________________ _________________________________ Title
___________________________ _________________________________ Firm Address Email Address
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CITY OF LA PALMA
BID BOND
FOR
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
KNOW ALL PERSONS BY THESE PRESENTS that we ________________________ ________________________________________ as PRINCIPAL (hereinafter referred to as “Bidder”), and ___________________________________________________ as SURETY, are held and firmly bound unto the CITY OF LA PALMA, CALIFORNIA, (hereafter referred to as the “City”) in the penal sum of __________________________ ________________________________________ Dollars ($_____________) (which is ten percent (10%) of the total amount bid by Bidder to City for the above stated Project) lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas Bidder has submitted a bid to City to perform all work required under the Contract Documents for the above stated Project, if said Bidder is awarded a contract by said City and within the time and in the manner required under the heading "Instructions to Bidders," bound with said Contract Documents, enters into a written contract on the form of "Agreement," bound with said Contract Documents, and furnishes the required bonds, to guarantee faithful performance and payment of labor and material, and furnishes certificates as evidence of required insurance coverage, then this obligation shall be null and void; otherwise this obligation shall remain in full force and effect and shall be forfeited to the City. In the event suit is brought upon this bond by said City and judgment is recovered, said Surety shall pay all costs incurred by said City in such suit, including reasonable attorney fees to be fixed by the Court.
[Signatures on following page.]
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WITNESS our hands this ______ day of ___________________, 20__. __________________________(seal) ____________________________(seal)
BIDDER SURETY
By:____________________________ By:______________________________ (Name and Title) (Name and Title)
______________________________ _________________________________ ______________________________ _________________________________ ______________________________ _________________________________ (Mailing address of BIDDER) (Mailing address of SURETY) (NOTARIAL ACKNOWLEDGMENT (NOTARIAL ACKNOWLEDGMENT
OF BIDDER) OF SURETY)
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INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be attached if necessary.
1. Address ______________________________________________________________
2. Telephone & Email Address ____________________
3. Type of Firm __________________________________________________________ (Individual, Partnership, or Corporation)
4. Corporation organized under the laws of the State of ___________________________
5. Contractor's License No., Class & Expiration Date: _________________
6. Contractor’s DIR Registration Number:
7. List the names and addresses of all members of the firm or name and titles of all officers of the corporation:
__________________________________________________________________ __________________________________________________________________ __________________________________________________________________
8. Number of years experience as a contractor in construction work _________________
9. List at least three projects completed as of recent date:
Contract
Amount
Class of Work Date
Completed
Name, Contract, Phone
Number and Email of Owner
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10. List the name of the person who inspected the site of the proposed work for your firm: ___________________________________________________________ Date of Inspection ___________________________________________________
11. If requested by City, the bidder shall furnish a notarized financial statement, financial data or other information and reference sufficiently comprehensive to permit an appraisal of his or her current financial condition.
12. List the name and address of each subcontractor who will perform work in or about the work or improvement and indicate what part of the work will be done by each such subcontractor. The Bidder shall provide proof of each listed Subcontractor’s current registration to perform public work pursuant to Section 1725.5 of the Labor Code of the State of California.
Name _______________________ License No. & Class ______________________ Address ____________________________________________________________ Work to be performed __________________________________________________ Name _______________________ License No. & Class ______________________ Address ____________________________________________________________ Work to be performed __________________________________________________ Name _______________________ License No. & Class ______________________ Address ____________________________________________________________ Work to be performed __________________________________________________ Name _______________________ License No. & Class ______________________ Address ____________________________________________________________ Work to be performed _________________________________________________ Name _______________________ License No. & Class ______________________ Address ____________________________________________________________ Work to be performed _________________________________________________ Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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Dated: ____________________ _________________________________ Signature of Authorized Officer
_________________________________
Print Name
_________________________________
Title
_________________________________
Firm Name
_________________________________
_________________________________
Firm Address
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CONTRACTOR'S LICENSE DECLARATION
The undersigned declares that he or she is ________________________________(title) of ______________________________________(firm), the party making the foregoing Bid (hereinafter, the “Bidder").
1. Bidder's Contractors License No., Class & Expiration Date:
License #’s
2. Bidder acknowledges that Section 7028.15€ of the Business and Professions Code provides as follows:
“Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapters shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid.”
The undersigned declares under penalty of perjury that the foregoing is true and correct.
Executed on _______________, 20___, at _________________________ (insert city and state where declaration signed).
__________________________________
Signature
__________________________________
Print Name
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BIDDERS CONFERENCE DECLARATION
The undersigned declares that he or she is __________________________ (Title) of ______________________________(Firm), the Party making the foregoing bid. Bidder declares that he or she or his or her duly appointed representative attended the Bidders Conference on April 29, 2025 at La Palma Community Center Fan Palm Room at 7821 Walker Street, La Palma, CA 90623.
The undersigned declares under penalty of perjury that the foregoing is true and correct.
Executed on __________________, 2025 at _________________________________ (insert City and State where Declaration is signed).
_______________________________
Signature
_______________________________
Printed Name
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NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER
AND SUBMITTED WITH BID
The undersigned declares:
I am the ____________________ of ____________________, the party making the foregoing bid.
The bid is not made in the interest of, or on or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct and that is declaration is executed on _____________ [date}, at___________________________[city], _______________[state].
Name:_____________________________________
Title:______________________________________
Signature:__________________________________
(NOTARIAL ACKNOWLEDGMENT)
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AGREEMENT
AGREEMENT FOR CONSTRUCTION
This Agreement for Construction (“Agreement”), made and entered into this day of ___________, by and between the City of La Palma, a municipal corporation of the State of California, hereinafter referred to as the “City”, and [Contractor], hereinafter called and referred to as the “Contractor.” The Contractor and the City are hereafter together referred to as the “Parties” and each individually as a “Party.” WITNESSETH:
RECITALS: This Agreement is made and entered into with respect to the following facts:
That City desires to obtain through the Contractor the services set forth and described in the Scope of Work attached hereto as Exhibit “A” and incorporated herein by this reference (hereinafter, the “Contractor Services”).
That the Contractor represents to the City that the Contractor is well qualified to perform the Contractor Services by reason of Contractor’s training, expertise, experience, and background.
That the public interest, convenience and necessity require that the City obtain the Contractor Services upon the terms and conditions set forth herein.
That the City and the Contractor mutually desire to enter into this Agreement for the provision of the Contractor Services by the Contractor for and on behalf of the City, in accordance with the terms and conditions set forth herein.
SERVICES:
Provision of Contractor Services: During the term of this Agreement, the Contractor shall provide the Contractor Services as set forth in Exhibit “A.” Time is of the essence for this Agreement.
Additional Services: If the City desires to add additional services or service locations not specifically described in Exhibit A (“Additional Services”), the City shall notify the Contractor thereof at least thirty (30) days in advance of the time such Additional Services shall commence. The Contractor shall perform such Additional Services, and compensation for the work performed shall be paid by the City in accordance with the Budget and Fee Schedule attached hereto as Exhibit “B” and incorporated herein by this reference, or as otherwise may be agreed in writing by the City and the Contractor. It is expressly understood by the Contractor that the provisions of this Section 2(b) shall not apply to services specifically set forth in Exhibit “A” or reasonably contemplated therein. The Contractor hereby acknowledges that it accepts the risk that the services to be provided contrary to the Scope of Services may be more costly or time consuming than the Contractor anticipates and that the Contractor shall not be entitled to additional compensation Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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therefor. Unless contradictory of this Section 2(b), all provisions in this Agreement applicable to the Contractor’s performance of the Contractor Services shall also apply to the Additional Services.
Standard of Performance: In performing the Contractor Services, the Contractor shall use the skill and care that a highly specialized professional with significant expertise in the field, would use under similar circumstances. To the extent that the Contractor retains subcontractors to perform any portion of any of the Contractor Services, the Contractor has a duty to the City to ensure that the tasks and services performed by such subcontractors meet the same highly specialized professional level, skill, and expertise expected of the Contractor.
Labor, Equipment, Materials: The Contractor shall equip itself with all necessary labor, equipment and materials to perform the services specified in this Agreement. The Contractor represents that the Contractor Services will be performed by the Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable Federal, State and local law to perform such tasks and services.
The Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of the Contractor Services and as required by law. The Contractor shall at all times ensure that all goods, materials, equipment or personal property included within the Contractor Services shall be of good quality, fit for the purpose intended.
Work Site: The Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Contractor Services. Should the Contractor discover any conditions, including any latent or unknown conditions, which will materially affect the performance of the Contractor Services, the Contractor shall immediately inform the City of such fact in writing and shall not proceed except at the Contractor’s risk until written instructions are received from the City Representative.
Independent Contractor: It is understood and agreed that all Contractor Services, and all services, labor, equipment and materials furnished in conjunction therewith shall be furnished by the Contractor as an independent contractor, subject to the inspection and approval of the City, or the City Representative (defined below). The City shall have the right to control the Contractor only as to results of the Contractor’s services rendered pursuant to this Agreement, and the City shall not have the right to control the means by which the Contractor accomplishes the services performed under this Agreement.
AUTHORITY OF THE CITY REPRESENTATIVE:
City Representative: The “City Representative” shall be [CITY REPRESENTATIVE] of the City of La Palma, acting personally or through his or her duly authorized agents, each agent acting only within the scope of authority delegated to him or her.
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Scope of Authority. The City Representative shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work. The City Representative shall further decide all questions which may arise as to the acceptable fulfillment of this Agreement on the part of the Contractor; and all questions as to claims and compensations. The City Representative’s decisions shall be final, and the City Representative shall have authority to enforce and make effective such decisions and to order that the Contractor carry out such decisions promptly.
TERM OF AGREEMENT: This Agreement shall commence and terminate on the dates set forth in Exhibit “A”. However, either :Party, at its discretion, shall have the right to terminate this Agreement at any time by giving thirty (30) days advance written notice.
COMPENSATION:
Amount of Compensation. Compensation will be determined according to the Budget and Fee Schedule set forth in Exhibit “B”.
Invoices. The Contractor shall invoice the City on a monthly basis for all work performed by the Contractor under this Agreement. Invoices shall include billings for all charges, including authorized direct costs incurred by the Contractor during the month covered by the invoice. All charges for labor or professional services shall describe with specificity the services rendered and shall set forth the number of hours worked and hourly rates in accordance with Exhibit “B”. Within thirty (30) days of receipt of an invoice, and upon determination by the City that the invoice is in order and that the Contractor has performed all requested or required services in a timely and competent manner, the City shall pay such invoice.
Record of Payment. The Contractor shall maintain records on all services for and charges to the City under this Agreement for a period of not less than twentyfour (24) months, or for any longer period required by law, after the termination of this Agreement, and make such records available for review and audit if requested by the City at any time during the term, or within twenty-four (24) months, or for any longer period required by law, after the termination of this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
LICENSES, PERMITS, APPROVALS, FEES:
The Contractor must possess at the time of commencing work and throughout the duration of this Agreement, a Contractor’s License, issued by the State of California, which is current and in good standing. The Contractor shall ensure that any subcontractor working on the Contractor Services possesses at the time of commencing work and throughout the duration of such subcontractor’s work on the Contractor Services, a Contractor’s License, issued by the State of California, which is current and in good standing. The Contractor shall take out and maintain during the life of this Agreement a valid City Business License.
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The Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Contractor Services prior to commencing work. The Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Contractor Services. The Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Contractor Services, and shall indemnify, defend and hold harmless the City and City Personnel against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against the City hereunder.
INSURANCE AND LIABILITY: The Contractor shall not commence work under this Agreement until it has secured all types and amounts of insurance required under this Section, nor shall it allow any subcontractor to commence work on any subcontract to this Agreement until all similar insurance required of the subcontractor has been obtained.
Without limiting the Contractor’s indemnification obligations, the Contractor shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. In the event that the Contractor subcontracts any portion of the work, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section.
Insurance Coverage Required: The policies and amounts of insurance required hereunder shall be as follows:
Commercial General Liability (including premises and operations, contractual liability, personal injury, death, and independent contractor liability): Not less than Three Million Dollars ($3,000,000.00) per occurrence.
Automobile Liability (including owned, non-owned, leased, and hired autos): One Million Dollars ($1,000,000.00), combined single limit, per occurrence for bodily injury, death, and property damage.
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for the Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, the Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Umbrella or Excess Liability Insurance that will provide bodily injury, personal injury, death, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
Contractor’s Insurance General Requirements:
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
Commercial General Liability, Automobile Liability, and Employer’s Liability shall name the City, and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers (collectively hereinafter “City and City Personnel”) as additional insureds and contain no special limitations on the scope of protection afforded to the City and City Personnel. All insurance provided hereunder shall include the appropriate endorsements.
All insurance policies shall be primary insurance and any insurance or self-insurance maintained by the City and/or City Personnel shall be in excess of the Contractor’s insurance and shall not contribute with it.
All insurance policies shall be “occurrence” rather than “claims made” insurance.
All insurance policies shall apply separately to each insured against whom a claim is made or suit brought, except with respect to the limits of the insurer’s liability.
All insurance policies shall be endorsed to state that the insurer shall waive all rights of subrogation against the City and City Personnel.
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All insurance policies shall be written by good and solvent insurer(s) admitted to do business in the State of California and approved in writing by the City.
All insurance policies shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, nonrenewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
All insurance policies shall state that the City shall not be liable for the payment of premiums or assessments under the policy.
Insurance policies shall not contain any limiting provision or endorsement that has not been submitted to the City for approval. By way of example, additional insured endorsements shall not be limited to “ongoing operations,” exclude contractual liability, restrict coverage to the “sole” liability of the Contractor, or contain any other limitation contrary to this Agreement.
Deductibles: Any deductibles or self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved in writing by the City.
Evidence of Coverage: The Contractor shall furnish the City with certificates of insurance demonstrating the coverage required by this Agreement which shall be received and approved by City not less than five (5) working days before work on the Contractor Services commences. At least thirty (30) days prior to the expiration of any policy of insurance required under this Agreement, a signed complete certificate of insurance, with all endorsements provided herein, showing that such insurance coverage has been renewed or extended, shall be filed with the City.
Workers Compensation Insurance: The Contractor shall file with City the following signed certification:
“I am aware of, and will comply with, Divisions 4 and 5 of the California Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to City before execution of the Agreement.”
In the event the Contractor has no employees requiring the Contractor to provide Workers’ Compensation Insurance, the Contractor shall so certify to the City in writing prior to the City’s execution of the Agreement. The City and City Personnel shall not be responsible for any claims in law or equity occasioned by Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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failure of the Contractor to comply with this section or with the provisions of law relating to workers’ compensation.
Default of Insurance Requirements: In addition to any other remedies at law or equity the City may have if the Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time required by this Section, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for the Contractor’s breach: (1) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; (2) that becomes due to the Contractor hereunder, or both, until the Contractor demonstrates compliance with the insurance requirements herein; and/or (3) Immediately terminate this Agreement.
INDEMNIFICATION:
The Contractor shall indemnify, defend with legal counsel approved by the City, and hold harmless the City, City Personnel from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature (“Claims”) arising out of or in connection with the Contractor ‘s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.
Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to Claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
The Contractor’s obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or City Personnel. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the Parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
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The Contractor hereby authorizes the City to deduct from any amount payable to the Contractor (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate the City for any losses, costs, liabilities, or damages suffered by the City, and all amounts for which the City may be liable to third parties, by reason of the Contractor’s negligent acts, errors, or omissions, or willful misconduct, in performing or failing to perform the Contractor’s obligations under this Agreement.
The City in its sole and absolute discretion, may withhold from any payment due to the Contractor, without liability for interest, an amount sufficient to cover such claim.
The failure of the City to exercise such right to deduct or withhold shall not act as a waiver of the Contractor’s obligation to pay the City any sums the Contractor owes the City.
OBSERVING LAWS AND ORDINANCES: The Contractor shall keep itself fully informed of all existing and future state and federal laws and all county and City ordinances and regulations which in any manner affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in this Agreement in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the City Representative in writing. The Contractor shall at all times observe and comply with and shall cause all its agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect, indemnify, hold harmless, and defend to the fullest extent permitted by law the City and City Personnel, and the City Representative, and all of their respective officers, employees, and representatives against any claim or assertion of liability, or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor or by its agents, representatives, employees, or subcontractors.
NON-DISCRIMINATION: The Contractor shall not discriminate against any employee or applicant for employment because of any impermissible classification pursuant to Federal or State law, including, but not limited to, race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The Contractor shall incorporate the foregoing provisions in all subcontracts..
PATENTED AND COPYRIGHTED MATERIALS: The Contractor shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by the Contractor under this Agreement. Pursuant to Section 8 herein, the Contractor shall indemnify, defend (with legal counsel acceptable to the City), and hold the City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
PREVAILING WAGE REQUIREMENTS:
Public Work: The Contractor hereby expressly acknowledges and agrees that the City has never previously affirmatively represented to the Contractor, its employees or agents in writing or otherwise that the work to be covered under this Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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Agreement is not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the project, including, without limitation, any public work (as defined by applicable law), if any, the Contractor shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law.
To the extent applicable, the City will enforce all penalties required by law for the Contractor’s failure to pay prevailing wages.
Labor Code of California: The Contractor’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
In accordance with Sections 1773 and 1773.2 of the Labor Code, the City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at
https://www.dir.ca.gov/OPRL/2022-1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with the City’s principal office and are available to any interested party on request. The Contractor shall post a copy of the prevailing rate of per diem wages at each job site.
The Contractor is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said section. Pursuant to Labor Code Section 1771.4, the Contractor must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
Pursuant to Labor Code Section 1810 it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder.
Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (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 eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
Pursuant to Labor Code Section 1813, it is stipulated hereby that the Contractor shall, as a penalty to the City, forfeit $25 for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
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The Contractor is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that the Contractor will be responsible for obtaining compliance therewith on the part of any and all sub-Contractors or subcontractors employed by him or her in connection with this Agreement.
Pursuant to Labor Code Section 1775, it is hereby stipulated that the Contractor shall, as a penalty to the City, forfeit not more than $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Contractor Services by the Contractor or any sub-Contractor or subcontractor.
Bidding Eligibility: Pursuant to Labor Code Section 1771.1, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
DIR Monitoring: Pursuant to Labor Code Section 1771.4, Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
CONFLICTS OF INTEREST:
City Personnel. No City Personnel shall have any financial interest, direct or indirect, in this Agreement, or participate in any decision relating to this Agreement that affects his or her financial interest or the financial interest of any corporation, partnership, association or other entity in which he or she is interested, in violation of any federal, state or city statute, ordinance or regulation. The Contractor shall not employ any such person while this Agreement is in effect.
Contractor. The Contractor represents, warrants and covenants that he, she or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of the Contractor’s obligations and responsibilities under this Agreement. The Contractor further agrees that while this Agreement is in effect, the Contractor shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of the Contractor’s obligations and responsibilities under this Agreement. The Contractor acknowledges that pursuant to the provisions of the Political Reform Act (Government Code section 87100 et seq.), the City may determine the Contractor to be a “consultant” as that term is defined by the Act. In the event the City makes such a determination, the Contractor agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by the City. In such event, the Contractor further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by the City.
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NO UNDUE INFLUENCE: The Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City shall receive compensation, directly or indirectly, from the Contractor, or from any officer, employee, or agent of the Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
The Contractor further warrants that it has not employed or retained any company or person other than a bona fide employee working for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
ASSIGNMENT: The Contractor shall not assign, hypothecate, or otherwise transfer this Agreement or any portion hereof, without first obtaining the written consent of the City.
If such an assignment, hypothecation, or transfer is made or attempted by the Contractor, the assignment, hypothecation, or transfer shall be void; and the City, at its sole option, may terminate this Agreement upon the giving of a 24-hour written notice to the Contractor of such termination.
PERFORMANCE: If the Contractor should neglect to prosecute the work to the City’s satisfaction, or, in the City’s reasonable discretion, fail to perform any provisions of this Agreement, the City, after five (5) days written notice to the Contractor, may without prejudice to any other remedy the City may take appropriate action, including but not limited to any of the following: (1) meeting with the Contractor, its agents or subcontractors to review the quality of the work and resolve matters of concern; (2) requiring the Contractor to have the work repeated at no additional fee until it is satisfactory; (3) withholding payment of the City’s compensation to the Contractor for any unsatisfactory work performed; (4) suspending delivery of work to the Contractor for an indefinite time; (5) making good such deficiencies and deducting the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the City Representative shall approve such action and certify the amount thereof to be charged to the Contractor; and/or (6) terminating this Agreement. Except as may be expressly set forth in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies or other rights or remedies as may be permitted by law or in equity shall not preclude the exercise by such Party, at the same or different times, of any other rights or remedies to which such Party may be entitled.
FORCE MAJEURE: Any time period specified in this Agreement for performance of services shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the City or the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the delaying Party shall within ten (10) days of the commencement of such delay notify the other Party in writing of the causes of the delay (“Force Majeure Event”). If the Contractor is the Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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delaying Party, the City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. The City’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall the Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused. The Contractor’s sole remedy shall be an extension of this Agreement pursuant to this section. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder. The current events related to the COVID-19 pandemic are known and shall not constitute Force Majeure Event, future impacts of the COVID-19 pandemic may be considered a Force Majeure Event to the extent that they prevent the performance of a Party's obligations under this Agreement.
NOT AN AGENT OF THE CITY: The Contractor is an independent contractor.
Except as the City may specify in writing, the Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. This Agreement does not grant to the Contractor any authority, express or implied, to bind the City to any obligation whatsoever.
NO BENEFIT TO ARISE TO CITY EMPLOYEES: No member, officer, or employee of the City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Contractor Services to be performed under this Agreement.
PARTY ADDRESSES: Any notice, payment, or instrument required or permitted to be given or delivered by this Agreement may be given or delivered by personal delivery or by depositing the same in any United States mail depository, first class postage prepaid, and addressed as follows, or to such other address provided by a written notice from one party to the other:
If to the City: City of La Palma
7822WalkerStreet
La Palma, CA 90623
Attn: [CITY REPRESENTATIVE NAME]
If to the Contractor:
WARRANTY: The Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. The Contractor agrees that for a period of one (1) year (or the period of time specified elsewhere in this Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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acceptance, the Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at the Contractor’s sole cost and expense. The Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by the Contractor’s defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, the Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. The Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by the Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and the Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. This provision may be waived in Exhibit A if the Contractor Services hereunder do not include construction of any improvements or the supplying of equipment or materials.
ATTORNEYS’ FEES: In any action or proceeding between the Parties hereto seeking interpretation or enforcement of any of the terms or provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to and recover from the other Party its reasonable attorneys’ fees and other reasonable expenses in connection with such action or proceeding.
SEVERABILITY: If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
EXECUTION: The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties.
NO WAIVER: No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving.
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Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
NO THIRD-PARTY BENEFICIARIES: This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
NON-LIABILITY OF CITY PERSONNEL: No City Personnel shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City, or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
VENUE: Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and maintained in the Superior Courts of the State of California in the County of Orange, or in any other appropriate court with jurisdiction in such County, and the Contractor agrees to submit to the personal jurisdiction of such court.
SURVIVAL: The terms, provisions, representations and certification contained in this Agreement, or inferable therefrom, shall survive the termination of this Agreement and the payment of the compensation hereinabove provided.
SECTION HEADINGS AND SUBHEADINGS: The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
INTEGRATION, CONSTRUCTION, AND AMENDMENT: This Agreement contains the entire understanding of the Parties herein and supersedes any and all other written or oral understandings as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered thereby. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement shall be construed and interpreted with and shall be governed and enforced in all respects according to the laws of the State of California and as if drafted by both Parties. No amendment, change or modification of this Agreement shall be valid unless in writing, stating that it amends, changes or modifies this Agreement, signed by all the Parties hereto. The City Representative is hereby authorized to approve amendments to this Agreement to the extent permitted by applicable law.
COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
SPECIAL PROVISIONS: Any special provisions applicable to this Agreement are set forth in EXHIBIT “C”, attached hereto and incorporated herein by this reference.
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IN WITNESS WHEREOF, the City Council of the City of La Palma caused the Agreement to be subscribed by its Mayor and said Contractor has executed or caused this Agreement to be executed by its duly authorized officer(s).
CITY OF LA PALMA
By:
[Mayor or City Manager]
ATTEST:
Kimberly Kenney, CMC
City Clerk
CONTRACTOR
By:
[Title]
By:
[Title]
APPROVED AS TO FORM:
RUTAN & TUCKER
By:
City Attorney, City of La Palma
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FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we, __________________________ ____________________________________ (hereinafter referred to as "Contractor") as PRINCIPAL, and __________________________________________________________ as SURETY, are held and firmly bound unto the CITY OF LA PALMA, CALIFORNIA, (hereinafter referred to as the "City") in the sum of ________________________________ ____________________________________ Dollars ($______________) (this amount being not less than one hundred percent (100%) of the total bid price of the contract awarded by the City to the Contractor), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contractor has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled “ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372, and is required by said City to give this bond in connection with the execution of said contract.
NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his or her part to be done and performed at the time and in the manner specified herein, including but not limited to the provisions regarding contract duration and liquidated damages, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract, the above obligation shall hold good for a period of one (1) year after the acceptance of the Work by the City, during which time if the Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during the period of one (1) year from the date of acceptance of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. However, nothing in this paragraph to the contrary notwithstanding, the obligation of Surety hereunder shall continue so long as any obligation of the Contractor remains.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract, the City having performed the City’s obligations thereunder, the Surety shall promptly either remedy the default, or shall promptly:
1. Complete the Contract in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, arrange for a contract between such Bidder and the City, and make available as work progresses (even though there should be a default or succession of defaults under the Contract or Contracts of completion arranged under this Paragraph) sufficient funds to pay the cost of completion less the balance of the contract price, Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth in the first executory Paragraph hereof. The term "balance of the contract price" as used in this Paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modifications thereto, less the amount properly paid by the City to the Contractor.
Surety expressly agrees that the City may reject any contractor or subcontractor (in accordance with the Contract Documents for this Contract) that may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. The Surety shall not use the Contractor herein in completing the Contract nor shall the Surety accept a Bid from that Contractor for the completion of the Work if the City, when declaring the Contractor in default, notifies the Surety of the City’s objection that that Contractor’s further participation in the completion of the Work.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City.
Surety and Contractor shall provide City notice thirty (30) calendar days prior to any modification, renewal, or termination of this bond.
PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or the Surety thereunder, nor shall any extension of time granted under the provisions of said contract release either said contractor or said Surety and notice of such alterations or extensions of the contract is hereby waived by said Surety.
In the event suit is brought upon this bond by said City and judgment is recovered, said Surety shall pay all costs incurred by said City in such suit, including reasonable attorney fees to be fixed by the Court.
WITNESS our hands this ______ day of ___________________, 2025. __________________________(seal) ____________________________(seal) Contractor Surety
By:____________________________ By:______________________________ (Name and Title) (Name and Title)
______________________________ _________________________________ ______________________________ _________________________________ ______________________________ _________________________________ (Mailing address of Contractor) (Mailing address of Surety) Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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(NOTARIAL ACKNOWLEDGMENT (NOTARIAL ACKNOWLEDGMENT
OF CONTRACTOR) OF SURETY)
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LABOR AND MATERIAL BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we, __________________________ ____________________________________ (hereinafter referred to as "Contractor") as PRINCIPAL, and __________________________________________________________ as SURETY, are held and firmly bound unto the CITY OF LA PALMA, CALIFORNIA, (hereinafter referred to as the "City") in the sum of ________________________________ ____________________________________ Dollars ($______________) (this amount being not less than one hundred percent (100%) of the total bid price of the contract awarded by the City to the Contractor), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contractor has been awarded and is about to enter into the annexed contract with said City for construction of the work under the specification entitled, “ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372 and is required by said City to give this bond in connection with the execution of said contract.
NOW, THEREFORE, if said Contractor, or any subcontractor of said Contractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, or for amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department, said Surety will pay the same in the amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney fees to be fixed by the court. This bond shall inure to the benefit of the City and of any persons, companies, or corporations, or their respective assigns, entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181.
Surety and Contractor shall provide City notice thirty (30) calendar days prior to any modification, renewal, or termination of this bond.
PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety.
In the event suit is brought upon this bond by said City and judgment is recovered, said Surety shall pay all costs incurred by said City in such suit, including reasonable attorney fees to be fixed by the Court.
[Signatures on following page.]
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WITNESS our hands this ______ day of ___________________, 2025. __________________________(seal) ____________________________(seal) Contractor Surety
By:____________________________ By:______________________________ (Name and Title) (Name and Title)
______________________________ _________________________________ ______________________________ _________________________________ ______________________________ _________________________________ (Mailing address of Contractor) (Mailing address of Surety) (NOTARIAL ACKNOWLEDGMENT (NOTARIAL ACKNOWLEDGMENT
OF CONTRACTOR) OF SURETY)
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WORKERS’ COMPENSATION CERTIFICATE
Labor Code Section 3700 reads, in part:
Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
I am aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Signed, this ___________________ day of ____________________, 2025.
Name: _____________________________________
Title: ______________________________________
Signature: __________________________________
(In accordance with Article 5 (commencing at Section 1860), Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.)
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CITY OF LA PALMA
GENERAL PROVISIONS
SECTION 1. INTENT
The Contract Documents are complementary, and what is called for by one part shall be as binding as if called for by all. The intent of the Contract Documents is to include all work consistent therewith and reasonably inferable therefrom as being necessary for completion of the contract and to provide a functionally complete Project. The Contract Documents are intended to include all items necessary for the proper execution and completion of the Project. Materials or work described in words that indicate the proper execution and a well-known technical or trade designation shall be held to refer to such recognized standards. It is understood and agreed that the written terms and provisions of the Contract Documents represent the entire and integrated agreement between the parties hereto and supersede all prior negotiations, representations, or agreements, either written or oral.
SECTION 2. PRECEDENCE OF CONTRACT DOCUMENTS
In resolving inconsistencies or ambiguities among two (2) or more components of the Contract Documents, highest precedence shall be given to the Agreement and decreasing order as follows:
1. Specifications and Drawings
2. Special Provisions
3. Technical Provisions
4. General Provisions
5. Agreement
6. Instructions to Bidders
7. Notice Inviting Sealed Bids
8. Other Contract Documents
9. Standard Specifications (as hereinafter incorporated) SECTION 3. STANDARD SPECIFICATIONS
The general provisions which shall apply to this contract include the provisions found in Part 1 – General Provisions of the Standard Specifications for Public Works Construction, latest edition plus any supplements at the time the Notice Inviting Sealed Bids is signed by the City Engineer, published by BNi Publications, Inc., 1612 S. Clementine Street, Anaheim, California 92802 (hereinafter referred to as the "Standard Specifications"). Part 1 – General Provisions of the Standard Specifications is incorporated herein as truly as if fully set forth herein, except as modified by the Contract Documents. Where provisions of the Standard Specifications and the Contract Documents conflict, the Contract Documents shall prevail.
Wherever in the Standard Specifications the terms below are used, they shall be understood to mean and refer to the following:
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(a) “Agency” means and refers to the City of La Palma, California. (b) “Board” means and refers to the La Palma City Council. (c) “Engineer” means and refers to the La Palma City Engineer, acting either directly or through authorized agents.
(d) Other terms appearing in Part 1 – General Provisions of the Standard Specifications shall have the intent and meaning specified in Section 1 of the Standard Specifications.
SECTION 4. LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above named place of any notice, letter or other communication to the Contractor, shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of deposit in a United States mail depository or of personal delivery to said address. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the City Engineer.
SECTION 5. PAYMENTS
Attention is directed to subsection 9-3 of the Standard Specifications for partial payment and final payment provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.
SECTION 6. PAYMENTS TERMINATING LIABILITY
Pursuant to Public Contract Code Section 7100, payment of undisputed contract amounts is contingent upon the Contractor furnishing the City with a written release of all claims against the City and its officials, officers, employees, agents, and volunteers (collectively “City Personnel”) arising by virtue of the public works contract related to those amounts.
Disputed contract claims in stated amounts may be specifically excluded by the Contractor from the operation of the release.
Notwithstanding the foregoing, the Contractor’s acceptance of undisputed contract amounts shall act as a release of the City and City Personnel from all claims and liability to the Contractor for anything done or furnished for, or relating to, these amounts or for any act or neglect of the City or City Personnel relating to or affecting these amounts, except the claim against the City for the remainder, if any, of the amounts kept or retained as provided in subsection 9-3 of the Standard Specifications, unless the Contractor specifically provides written notice that it accepts said amounts under protest. If the Contractor accepts said amounts under protest, the Contractor shall not deposit said amounts for ten (10) days during which time the City may withdraw the funds.
SECTION 7. MONIES TO BE RETAINED
The Contractor’s attention is called to subsection 9-3.2 of the Standard Specifications which sets the payment deduction and retention schedule applicable to the Project.
Pursuant to Public Contract Code section 9203, the City shall withhold not less that five percent (5%) of the contract price until final completion and acceptance of the Project.
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Notwithstanding the foregoing, the City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expense, losses or damages, as determined by the City Engineer, incurred by the City, for which the Contractor is liable under the Contract Documents.
SECTION 8. RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of the Contractor’s failure to comply with the Contract Documents.
SECTION 9. PROGRESS PAYMENTS
Pursuant to Public Contract Code Section 20104.50, whenever the Contractor properly files a request for payment, and the validity of the claim is not disputed or has been settled or agreed upon, payment of the claim by the City shall include interest at the legal rate set forth pursuant to Section 685.010 of the Code of Civil Procedure if payment has not been made by the thirtieth (30th) day after the proper submission of the claim.
SECTION 10. COMPLETION OF WORK
In the event that the City Engineer shall be of the opinion that the work is being inadequately or improperly prosecuted in any respect, he or she may demand that the Contractor improve or change the prosecution of the work in such manner as to assure proper and timely completion.
SECTION 11. FINAL INVOICE AND PAYMENT
(a) Whenever in the discretion of the City Engineer the Contractor shall have completely performed the contract, the City Engineer shall notify the City that the contract has been completed in its entirety. He or she shall request that the City accept the work and that the City Clerk be authorized to file, on behalf of the City, in the office of the Orange County Recorder, a notice of completion of the work herein agreed to be done by the Contractor. The Contractor will then submit to the City Engineer for approval a written statement of the final quantities of contract items for inclusion in the final invoice. Upon receipt of such statement, the City Engineer shall check the quantities included therein and shall authorize the Contractor to submit an invoice which in the City Engineer's opinion shall be just and fair, covering the amount and value of the total amount of work done by the Contractor, less five percent (5%) of the total work done. (b) Pursuant to Public Contract Code section 7107, within sixty (60) days after the filing of the notice of completion of the work, the City shall pay to the Contractor the remaining retained amounts after deducting from the amount or value stated in the invoice all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract, and shall release the faithful performance bond and the labor and material bond. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.
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compliance with the requirements of Public Contract Code Section 22300 and the "Substitution of Securities” provisions of the General Provisions.
SECTION 12. UNPAID CLAIMS
The Contractor’s attention is drawn to Civil Code Division 3, Part 4, Title 15, Chapter 4 titled “Stop Notice for Public Work” (beginning with section 3179). The following provisions are to be read consistently with said Chapter 4 and to incorporate said Chapter 4 to the extent applicable. If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within which claims of lien may be filed for record, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall timely file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, and the amount in value, as near as may be, of that already done or furnished, or both, together with a statement that the same has not been paid, or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharge thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided, that if the City in its discretion permits the Contractor to file an additional bond in a penal sum equal to one and one-fourth times (125%) the amount of said claim, said monies shall not thereafter be withheld on account of such claim. A claimant shall not be entitled to enforce a stop notice unless the claimant shall have given the preliminary twenty (20) day notice in accordance with Civil Code section 3098 if so required by that section. No stop notice will be effective unless it is served before the expiration of thirty (30) days after the recording of a notice of completion or notice of cessation, or if no notice is recorded, ninety (90) days after completion or cessation. The Contractor may substitute securities for any monies withheld under this section in compliance with the requirements of Public Contract Code Section 22300 and the provisions of the General Provisions pertaining to "Substitution of Securities."
SECTION 13. ALLOWABLE VARIATIONS
When in the Contract Documents a maximum or minimum either in size, percentage or thickness or relating to quality, character or other matter, is allowed or prescribed, the work shall be accepted as in compliance if within such maximum or minimum so allowed hereby.
SECTION 14. CHANGES IN WORK
All changes in the work shall comply with Section 3 of the Standard Specifications.
When extra work is to be paid for on a force account basis, the labor, materials, equipment rental and other items of expenditures, the percentage of markup applied to the Contractor's direct cost for all overhead and profit shall be in accordance with the General Provisions and subsection 3-3.2.3 of the Standard Specifications.
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SECTION 15. MARK-UP
The following markups shall apply for all extra work requested by contract change order:
(a) Work by Contractor:
The following percentage shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:
Labor 20%
Materials 15%
Equipment Rental 15%
Other items and Expenditures 15%
To the sum of the costs and markups provided for in this section, one percent (1%) shall be added as compensation for bonding.
(b) Work by subcontractor:
When all or any part of the extra work is performed by a subcontractor, the markup established in section (a) above shall be applied to the subcontractor’s actual costs of such work, to which a markup of ten percent (10%) on the first $2,000.00 of the subcontracted portion of the extra work, and a markup of five percent (5%) on the work added in excess of $2000.00 of the Subcontracted portion of the extra work may be added by the Contractor.
SECTION 16. INCREASED OR DECREASED QUANTITIES
If the total pay quantity of any item of work varies by more than 25 percent, compensation payable to the Contractor will be determined in accordance with the applicable portions of Section 3 of the Standard Specifications.
When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the City Engineer's Estimate is less than $1,500 at the applicable contract unit price, the City Engineer reserves the right to make no adjustment in said price if he or she so elects, except that an adjustment will be made if requested in writing by the Contractor. Such Contractor's request shall be accompanied by adequate, detailed data to support costs of the item.
SECTION 17. PUBLIC UTILITIES
The provisions of Government Code section 4215 are incorporated herein. As required under Section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. The contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay was caused by the failure of the City or the owner of the utility to provide for removal or relocation of such utility facilities. Notwithstanding the foregoing, the City is not required to indicate the presence of existing service laterals or Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities.
SECTION 18. TRENCHING
(a) To the extent that the Project requires trenching or excavations that extend deeper than four (4) feet below the surface, Public Contract Code section 7104 is hereby incorporated and the following provisions shall apply:
(i) The Contractor shall promptly notify the City in writing before the following conditions are disturbed: (1) material the Contractor believes may be hazardous waste as defined in Health and Safety Code section 25117; (2) subsurface or latent physical conditions at the site differing from those indicated by the City prior to the deadline for submitting bids; and (3) unknown physical conditions at the site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in the character of the work. (ii) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order under the procedures described in the Contract Documents.
(iii) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
(b) To the extent that the Project involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) and requires the excavation of any trench or trenches five (5) feet or more in depth, Labor Code section 6705 is hereby incorporated and the following provisions shall apply:
(i) Submission by the Contractor and acceptance by the City or the City Engineer of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches is required in advance of excavation.
(ii) If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
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SECTION 19. UNDERGROUND SERVICE ALERT
Except in an emergency, the Contractor prior to conducting any excavation or resurfacing shall contact the appropriate regional notification center, at least two working days prior to commencing that excavation or resurfacing. The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation or resurfacing. Underground Service Alert may be contacted by calling 1-800-227-2600. The Contractor shall also notify the City of La Palma Public Works Department at (714) 690-3310.
In addition to and notwithstanding the foregoing, the Contractor is required to comply with all relevant provisions of Government Code section 4216 et seq. and all other laws regarding the relocation or disturbance of utilities. The Contractor’s attention is specifically called to Government Code sections 4216.2, 4216.4 and 4216.6.
SECTION 20. LABOR CODE
(a) Pursuant to applicable provisions of the Labor Code of the State of California, including Labor Code section 1773.2, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of worker needed to execute the work contemplated under the Contract Documents shall be paid to all workers employed on the work to be done according to this contract by the Contractor or any subcontractor and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. The City Engineer has on file the prevailing rate of per diem wages and will furnish the same to any interested party on request. A copy of the prevailing rate of per diem wages must be posted at each job site.
(b) The provisions of Labor Code section 1776 are incorporated herein. As required under Section 1776, the Contractor and each subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct; and (2) the employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
(c) The Contractor is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. (d) Pursuant to Labor Code Section 1775, it is hereby stipulated that the Contractor shall, as a penalty to City, forfeit not more than $50 (to be determined by the Labor Commissioner) for each calendar day, or portion Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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thereof, for each worker paid less than the prevailing rates as determined by the Director of the Department of Industrial Relations for the work or craft in which the worker is employed for the Project under the contract by Contractor or by any subcontractor under the Contractor. The Contractor shall be responsible to ensure that all contracts executed between the Contractor and the subcontractor for the performance of work on the Project shall include a copy of the provisions of Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
(e) Pursuant to Labor Code section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder.
(f) Pursuant to Labor Code Section 1813, it is stipulated hereby that the Contractor shall, as a penalty to the City, forfeit $25 for each worker employed in the execution of this Contract by the Contractor or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(g) Pursuant to Labor Code section 1860, in accordance with the provisions of Section 3700 of the Labor Code, the Contractor and each subcontractor is required to secure the payment of compensation to its employees. (h) In accordance with Labor Code Section 1771.4, the Contractor shall furnish the records specified in Labor Code Section 1776 directly to the California Labor Commissioner at least monthly (or more frequently is specified in the Special Provisions) in a format prescribed by the Labor Commissioner. The Contractor shall also submit certified payrolls to the Engineer, including certified payrolls for all Subcontractors, at any tier, performing work on the site, regardless of the dollar amount of type of subcontract, if required by the Special Provisions.
SECTION 21. INELIGIBLE SUBCONTRACTORS
Pursuant to Public Contract Code section 6109, the Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code section 1777.1 or 1777.7. Any contract between the Contractor and an ineligible subcontractor for work on the Project is void as a matter of law. Any public money paid to the ineligible subcontractor by the Contractor shall be returned to the City.
SECTION 22. NOTIFICATION OF THIRD PARTY CLAIMS
The City and the Contractor shall each notify the other of the receipt of any third-party claims relating to the contract. This notification shall be made in writing within one (1) week from the receipt of the third-party claim.
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SECTION 23. CLAIMS
This section shall apply to claims of $375,000 or less arising between the City and the Contractor under this contract.
(a) Pursuant to Public Contract Code Section 20104 et seq., which is incorporated herein, the claim shall be in writing, include the documents necessary to substantiate the claim, and be filed with the City on or before the date of the final payment for the work. If the claim is less than $50,000, the City shall respond in writing to the claim within 45 days of its receipt; or the City may request in writing within 30 days of receipt of the claim any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor, and in such event the City’s response shall be submitted to the Contractor within the later of 15 days after the receipt of the further documentation, or the time taken by the Contractor in producing the additional information.
If the claim is over $50,000, the City shall respond in writing to the claim within 60 days of its receipt, or the City may request in writing within 30 days of receipt of the claim any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor, and in such event the City’s response shall be submitted to the Contractor within the later of 30 days after the receipt of the further documentation, or the time taken by the Contractor in producing the additional information or requested documentation.
(b) If the Contractor disputes the City’s written response, or if the City fails to respond within the prescribed time, to the claim, the Contractor may notify the City in writing within 15 days, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of the demand, the City shall schedule a meet and confer conference within 30 days. If the claim or any portion thereof remains in dispute following the meet and confer conference, the Contractor may file a claim pursuant to Government Code Section 900, et seq. For purposes of this paragraph, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits the claim until the time such claim is denied, including any period of time utilized by the meet and confer conference.
(c) The following procedures shall apply to any civil action filed pursuant to this section.
(i) Nonbinding Mediation - Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, and shall be commenced within 30 days of the submittal and shall be concluded within 15 days from the commencement of the Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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mediation unless a time requirement is extended upon a good cause showing to the court.
(ii) Judicial Arbitration - If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Section 1141.10, et seq., of the Code of Civil Procedure, notwithstanding Code of Civil Procedure Section 1141.11. The civil discovery procedure of Code of Civil Procedure Section 2016.010, et seq., shall apply, consistent with the rules pertaining to judicial arbitration. In addition to the provisions of Code of Civil Procedure Section 1141.10, et seq., (a) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees, also pay the attorneys fees on appeal of the other party. (iii) Interest on Award or Judgment - In any suit filed pursuant to this section, the City shall pay interest at the legal rate on any arbitration award or judgment, which interest shall begin to accrue on the date the suit is filed in a court of law.
All claims not subject to this section must be presented to the City pursuant to Government Code section 910 et seq. The City shall take action with respect to any such claim as provided in Division 3.6 of Title 1 of the Government Code. Denial of such claim by the City shall be a prerequisite to the institution of any legal proceeding challenging the action(s) of the City.
SECTION 24. SUBSTITUTION OF SECURITIES
The provisions of Public Contract Code section 22300 are incorporated herein. At the request and expense of the Contractor, securities equivalent to any amount withheld by the City to ensure performance under the contract shall be deposited with the City, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor. The Contractor shall bear all of the expense of the City and the escrow agent in connection with the establishment of an escrow account, the deposit of qualified securities into the escrow account, all statements and accounting relating to the escrow account, and the maintenance of the escrow account.
Securities eligible for investment under this section include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the public agency. The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
The Contractor shall, upon written notification to the City that the Contractor intends to open an escrow account with an escrow agent to deposit qualified securities as a substitute for retention of Contractor earnings required to be withheld by the City, notify the Surety in writing of such intention, and furnish the City with the written consent of the Surety to the utilization of such escrow account in lieu of periodic retention.
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SECTION 25. ADDITIONAL SURETY
If during the continuance of the contract any of the sureties upon the faithful performance bond in the opinion of the City Engineer are or become insufficient, he or she may require additional sufficient sureties which the Contractor shall furnish to the satisfaction of the City Engineer within fifteen (15) days after notice, and in default thereof the contract may be suspended and the work completed as provided in Section 6 of the Standard Specifications.
SECTION 26. LIABILITY AND INDEMNIFICATION
The City and its officers, employees, agents, representatives, and the Engineer shall not be answerable or accountable in any manner, either individually or collectively for any loss or damage that may happen to the Work or any part thereof, or for any of the materials or other things used or employed in performing the Work, or for injury or damage to any person or persons, either workers, employees of Contractor or its subcontractors or the public, or for damage to adjoining or other property, from any cause whatsoever arising out of or in connection with the performance of the Project. The Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever arising out of or in connection with the performance of the Work, except the active negligence, willful misconduct of City, its agents, servants or independent contractors who are directly responsible to the City.
Contractor shall indemnify the City, the Engineer, and the respective City Councils, officers, employees, agents and representatives, against, and hold and save them and each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in connection with the Project, operation or activities of Contractor, its agents, employees, subcontractors or invitee, provided for herein, whether or not there is concurrent passive or active negligence on the part of the City, its officers, directors, employees, agents, representatives, or the Engineer, but not to the extent such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the sole active negligence or willful misconduct of the City or City Personnel or independent contractors who are directly responsible to City; and in connection therewith:
(a) Contractor shall defend any action or actions filed in connection with any of such claims, damages, penalties, obligations or liabilities, and shall pay all costs and expenses, including attorneys' fees, incurred in connection therewith.
(b) Contractor shall promptly pay any judgment rendered against Contractor or the City or City Personnel or independent contractors who are directly responsible to City covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations, or activities of Contractor hereunder, and Contractor shall save and hold the City harmless there from.
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(c) In the event the City is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the work, operation or activities of Contractor hereunder, Contractor shall pay to the City any and all costs and expenses incurred by the City in such action or proceeding, together with reasonable attorneys' fees. If the City is so named as a party to any such action, the City can elect to be represented by counsel of its choosing and Contractor shall be responsible to reimburse the City for all reasonable fees and costs associated with that representation.
(d) So much of the money due to the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such actions or claims for damages as aforesaid.
SECTION 27. PERSONAL LIABILITY
Neither the City, the City Engineer, nor City Personnel shall be personally responsible for any liability arising under the Contract.
SECTION 28. LEGAL ACTIONS AGAINST THE CITY
In the event litigation is brought against the City concerning compliance by the City with State or Federal laws, rules or regulations applicable, the provisions of this section shall apply:
(a) If, pursuant to court order, the City prohibits the Contractor from performing all or any portion of the work, the delay will be considered a right of way delay within the meaning of Subsection 6-6 of the Standard Specifications unless the contract is terminated as hereinafter provided, in which event compensation payable to the Contractor shall be determined in accordance with said termination provisions.
(b) If, pursuant to court order (other than an order to show cause), the City is prohibited from requiring the Contractor to perform all or any portion of the work, the City may, if it so elects, eliminate the enjoined work pursuant to Section 3 of the Standard Specifications or terminate the contract in accordance with Subsections 6-3 and 6-5 of the Standard Specifications. (c) If the final judgment in the action prohibits the City from requiring the Contractor to perform all or any portion of the work, the City will either eliminate the enjoined work pursuant to Section 3 of the Standard Specifications or terminate the contract in accordance with Subsections 6-3 and 6-5 of the Standard Specifications.
SECTION 29. INSURANCE
The Contractor shall not commence work under the Contract Documents until it has secured all types and amounts of insurance required under the Contract Documents, nor shall it allow any subcontractor to commence work on its subcontract until any such Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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subcontractor has obtained the same insurance required of the Contractor under the Contract Documents. Without limiting Contractor’s indemnification obligations, Contractor shall procure and maintain, at its sole cost and for the duration of Project until a notice of completion is issued by the City Engineer, insurance coverage as provided below, against all claims for injuries against persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, and/or subcontractors. In the event that Contractor subcontracts any portion of the work, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to the City. The provisions of this Section 29 replace the provisions of Standard Specifications subsection 7-3.
(a) Insurance Coverage Required: Contractor shall provide the following types and amounts of insurance.
(i) Commercial General Liability Insurance. Contractor shall use Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent.
Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than Three Million Dollars ($3,000,000.00) per occurrence for all covered losses and no less than Five Million Dollars ($5,000,000.00) general aggregate.
(ii) Workers’ Compensation. Contractor shall use a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than One Million Dollars ($1,000,000.00) per accident for all covered losses.
(iii) Business Auto Coverage. Contractor shall use ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than One Million Dollars ($1,000,000.00) per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor shall obtain evidence of personal auto liability coverage for each such person.
(iv) Excess or Umbrella Liability Insurance (Over Primary). If excess or umbrella liability insurance is used to meet limit requirements, Contractor shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors, or others involved in the work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. (b) Contractor’s Insurance General Requirements:
(i) Shall be issued by an insurance company that is an admitted carrier in the State of California and maintains a Secure Best’s Rating of “A-” or higher; unless otherwise approved by the City;
(ii) Commercial General Liability, Business Auto Coverage and Excess or Umbrella Liability shall name the City, and its officers, officials, employees, agents, representatives and volunteers (collectively “City Personnel”) as additional insureds and contain no special limitations on the scope of protection afforded to City or City Personnel. All insurance provided hereunder shall include the appropriate endorsements.
(iii) Shall be primary insurance and any insurance or self-insurance maintained by the City and/or City Personnel shall be in excess of Contractor’s insurance and shall not contribute with it. (iv) Shall be “occurrence” rather than “claims made” insurance. (v) Shall apply separately to each insured against whom a claim is made or suit brought, except with respect to the limits of the insurer’s liability.
(vi) Shall be endorsed to state that the insurer shall waive all rights of subrogation against City and City Personnel.
(vii) Shall be written by good and solvent insurer(s) admitted to do business in the State of California and approved in writing by City. (viii) Shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
(c) Deductibles: Any deductibles or self-insured retentions must be declared to and approved by City prior to the execution of the Agreement by City. (d) Evidence of Coverage: The Contractor shall furnish the City with endorsed certificates of insurance demonstrating the coverage required by this Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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Section which shall be received and approved by City not less than five (5) working days before work commences.
SECTION 30. INTEGRATION
No oral order, objection, claim or notice by any party to the other shall affect or modify any of the terms or obligations contained in any of the Contract Documents and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. Contractor hereby acknowledges that no oral statement can be reasonably relied on and shall not be relied on for any equitable claim.
The Contract Documents represent the entire understanding of the City and the Contractor as to those matters contained therein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered by the Contract Documents.
SECTION 31. INDEPENDENT CONTRACTOR STATUS
The City hereby engages Contractor as an independent contractor for the sole purpose of performing the work related to the Project. Contractor shall perform the services on the terms and conditions set forth herein. Contractor is an independent contractor, and nothing in this Contract or in the relationship between the City and the Contractor shall constitute a partnership, joint venture, agency or any other similar relationship.
SECTION 32. SALES AND/OR USE TAXES
Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder, shall be paid by the Contractor.
SECTION 33. RECOVERY OF ANTI-TRUST CLAIMS
In submitting a bid to the City, the Contractor offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. 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), arising from purchases of goods, materials, or services by the Contractor for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the Contractor.
SECTION 34. ASSIGNMENT
The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract or of its rights, title or interest in or to the same or any part thereof, without the previous consent in writing of the City. The Contractor shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without previous written consent, assign, transfer, convey, sublet or otherwise dispose of the Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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contract or its right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company, or other corporation, such attempted or purported assignment, transfer, conveyance, sublease or other disruption shall be null, void and of no legal effect whatsoever. In such event the contract may, at the option of the City, be terminated, revoked and annulled, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to its purported assignee or transferee. No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any purported assignment of the contract, or any part thereof, or by reason of the purported assignment of any monies to become due hereunder, unless authorized as set forth herein by written consent of the City. If the City consents to any assignment of the contract, or any part thereof, and the contract or part thereof is in fact assigned, all rights and obligations under the Contract Documents will be of full force and effect as to both the Contractor as Assignor and the Contractor’s Assignee unless the City agrees otherwise in writing.
SECTION 35. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
The California Environmental Quality Act may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
In the event that the City has obtained permits, licenses or other authorizations applicable to the work, in conformance with the requirements in said California Environmental Quality Act, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.
SECTION 36. PUBLIC SAFETY AND PUBLIC PROTECTION
The attention of the Contractor is directed to subsection 7-10.4 of the Standard Specifications and is cautioned that the Standard Specifications apply to demolition and/or removal work as well as construction work. Strict compliance with State and local safety requirements will be enforced.
The Contractor is required to make whatever the provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his or her operation warrant to protect the public from danger, loss of life or loss of property, which would result from interruption of or contamination to the public water supply, interruption of other public utility services, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which require that immediate and unusual provisions be made to protect the public from danger or loss or damage to life and property, due directly to protection of work under this contract.
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Whenever, in the opinion of the City Engineer, an emergency exists as a result of the Contractor’s activity that threatens public safety, utilities and adjacent structures or property, immediate action shall be considered necessary in order to protect or property, the City Engineer will order the Contractor to provide a remedy for the unsafe condition.
If the Contractor fails to act within a reasonable time, the City Engineer may provide suitable protection by causing such work to be done and material to be furnished as deemed reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs as are deemed necessary shall be borne by the Contractor.
SECTION 37. TERMINATION
The City may terminate the contract at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when the proceeding under the contract is prevented by law, an act of God, or an official action of a public authority. Termination of the contract and the total compensation payable to the Contractor in the event of termination shall be governed by the following:
(a) The City Engineer will issue the Contractor a written notice specifying that the contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the City Engineer, the Contractor shall:
(i) Stop all work under the contract, except that specifically directed to be completed prior to acceptance.
(ii) Perform work the City Engineer deems necessary to secure the Project for termination.
(iii) Remove equipment from the site of the work.
(iv) Take such action as is necessary to protect materials from damage. (v) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City Engineer. (vi) Provide the City Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location and such other information as the City Engineer may request. (vii) Dispose of materials not yet used in the work as directed by the City Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Subsection 9-3.2 of the Standard Specifications, and with bills of sale or other documents of title for such materials.
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(viii) Subject to the prior written approval of the City Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the City Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
(ix) Furnish the City Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the contract.
(x) Take such other actions as the City Engineer may direct. (b) The total compensation to be paid to the Contractor following termination shall be determined by the City Engineer on the basis of the following:
(i) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the Project for termination. Reasonable cost will include a reasonable allowance for Project overhead and general administrative overhead not to exceed a total of seven percent (7%) of direct costs of such work.
When in the opinion of the City Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed.
(ii) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (a), provided the Contractor establishes to the satisfaction of the City Engineer that it is reasonably probable that he or she would have made a profit had the contract been completed and provided further that the profit allowed shall in no event exceed four percent (4%) of said cost.
(iii) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the City Engineer.
(iv) A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the contract. All records of the Contractor and his or her subcontractors, necessary to determine compensation in accordance with the provisions of this section, shall be open to inspection or audit by representatives of the Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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City at all times after issuance of the notice that the contract is to be terminated and for a period of three years, and such records shall be retained for that period.
(v) After acceptance of the work by the City Engineer, the City Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate when in his or her opinion the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract.
(c) Acceptance of the terminated contract as specified shall not relieve the Contractor of responsibility for damage to materials except as follows:
(i) The Contractor's responsibility for damage to materials for which partial payment has been made as provided in Subsection 9-3.2 of the Standard Specifications, and for materials furnished by the City for use in the work and unused, shall terminate when the City Engineer certifies that such materials have been stored in the manner and at the locations he or she has directed.
(ii) The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City.
(iii) When the City Engineer determines that the Contractor has completed the work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the Project for termination, he or she will recommend that the City Engineer formally accept the contract, and immediately upon and after such acceptance by the City Engineer, the Contractor will not be required to perform any further work thereon and shall be relieved of his or her contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the Project by the City Engineer.
(d) The provisions of this Section 37 shall be included in all subcontracts.
SECTION 38. MAINTENANCE AND GUARANTEE
(a) The Contractor hereby guarantees that the entire work constructed by him or her under the contract will meet fully all requirements of the Contract Documents and the Standard Specifications incorporated herein as to quality of workmanship and of materials furnished by him or her. The Contractor hereby agrees to make at his or her own expense any repairs or Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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replacements made necessary by defects in materials or workmanship supplied to him or her that become evident within one (1) year after the date of final payment, and to restore to full compliance with the requirements of these specifications including the test requirements set forth herein for any part of the work constructed hereunder which during said one (1) year period is found to be deficient with respect to any provisions of the specifications. The Contractor also agrees to indemnify and hold the City and City Personnel harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his or her surety shall be liable to the City for the cost thereof.
(b) The guarantees and agreements set forth in subsection (a) hereof shall be secured by a surety bond which shall be delivered by the Contractor to the City before the notice of completion and acceptance of the work by the City Engineer, as provided in subsection 6-8 of the Standard Specifications.
Said bond shall be in an approved form by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of one hundred percent (100%) of the contract. Said bond shall remain in force for a period of one (1) year after the date of said notice of completion and acceptance. Instead of providing such a bond as described above, the Contractor may, at his or her option, provide for the faithful performance bond furnished under the contract to remain in force and effect for said amount until the expiration of said one (1) year period.
SECTION 39. LIQUIDATED DAMAGES
Subsection 6-9 of the Standard Specifications is hereby amended as follows:
(a) Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the work (as adjusted), the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of eight hundred dollars ($800.00).
Execution of the contract under these specifications shall constitute agreement by the City and Contractor that eight hundred dollars ($800.00) per day is the minimum value of the costs and actual damage caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due the contractor if such delay occurs.
(b) In addition to the liquidated damages specified, if the Contractor fails to complete the work within the time specified for completion, plus any authorized time extensions, the Agency shall have the right to charge to the Contractor all or any part, as it may deem proper, of the actual costs of inspection, supervision and other overhead expenses that are directly Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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chargeable to the Project and that accrue after the expiration of such specified time for completion plus authorized extensions. This charge will be in addition to the payment of liquidated damages.
SECTION 40. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in the Contract Documents, which is not so inserted, shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction.
SECTION 41. MISCELLANEOUS PROVISIONS
(a) Governing Laws: The Contract Documents shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California. (b) No Waiver: The waiver by any party of a breach of any provision of the Contract Documents shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or of another provision hereof. (c) Attorneys’ Fees: If any legal action is necessary to enforce or interpret the terms of the Contract Documents, the prevailing party shall be entitled to reasonable attorney's fees, expert witness fees, costs, and necessary reimbursements in addition to any other relief to which said party may be entitled.
(d) Authority to Execute: The persons executing the Contract Documents on behalf of each party warrant that he/she is duly authorized to execute and deliver the Contract Documents on behalf of the respective party for whom he/she signs, and that by so executing the Contract Documents, each party is bound by the provisions of the Contract Documents.
(e) Severability: If any term, provision, covenant or condition of the Contract Documents is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of the Contract Documents shall not be affected thereby, and each term, provision, covenant or condition of the Contract Documents shall be valid and enforceable to the fullest extent permitted by law.
(f) No Third-Party Rights: Except for rights expressly set forth in the Contract Documents, execution and delivery of the Contract Documents shall not be deemed to confer any rights upon, directly, indirectly or by way of subrogation, nor obligate either of the parties hereto to any person or entity other than each other and their respective affiliates.
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(g) Headings: The headings in the Contract Documents are for convenience of reference only, and shall not limit or otherwise affect the meaning of the Contract Documents.
(h) Modifications and Communications: Neither the Contract Documents nor any provision hereof may be changed, waived, discharged or terminated orally or in writing, except that any provision of the Contract Documents may be amended by a writing signed by the parties, and the observance of any provision of the Contract Documents may be waived (either generally or in a particular instance in either retroactively or prospectively) by a writing signed by the party against whom such waiver is to be asserted. Any action, including but not limited to any request, approval, change in work request, extension request, and any communication, called out for by the Contract Documents shall only be binding on the respective parties if made a writing signed by the parties consistent with the terms of the Contract Documents.
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CITY OF LA PALMA
SPECIAL PROVISIONS
FOR
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
I. GENERAL
A. STANDARD SPECIFICATIONS: All work embraced herein shall be accomplished in accordance with the Technical Parts of the Standard Specifications for Public Works Construction, latest edition plus any supplements, published by BNi Publications, Inc., 1612 S. Clementine Street, Anaheim, California 92802 (hereinafter referred to as the "Standard Specifications"). For purposes of the Special Provisions, "Technical Parts" refers to all parts of the Standard Specifications other than Part 1 – General Provisions. The Contractor’s attention is drawn to the fact that the latest edition (not the latest edition at the time the Notice Inviting Sealed Bids is signed by the City Engineer) of the Technical Parts of the Standard Specifications applies to the Project. The Technical Parts of the Standard Specifications are incorporated herein as truly as if fully set forth herein, except as modified by the Contract Documents. Where provisions of the Technical Parts of the Standard Specifications and the Contract Documents conflict, the Contract Documents shall prevail.
B. DEFINITION OF TERMS: For purposes of the Special Provisions, wherever in the Standard Specifications the terms below are used, they shall be understood to mean and refer to the following:
1. “Agency” - The City of La Palma, California.
2. “Board” - The La Palma City Council.
3. “Engineer” - The La Palma City Engineer, acting either directly or through authorized agents.
4. Other terms appearing in the Standard Specifications shall have the intent and meaning specified in Section 1 of the Standard Specifications.
C. PROJECT PLANS: The location of the work, its general nature, extent, form and detail of the various features are shown on drawings, schedules, and standard plans, bound herein accompanying and made a part of these provisions.
D. WATER POLLUTION: The contractor shall comply with the requirements of Subsection 7-8.6 of the Standard Specifications and shall conduct his or her operations so as to prevent Portland cement, mud, silt, or other materials from entering the surface drainage structures of the adjoining streets and the underground storm drainage system.
Prior to commencement, the contractor shall provide, in detail, his or her method and Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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procedure to assure that it will comply with the current NPDES requirements of “Stormwater Pollution Prevention Plan”. (SWPPP) and/or “Water Quality Management Plan” (WQMP).
Full compensation for prevention of water pollution and all required control work for preservation, clean-up and restoration of damaged property shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed thereof.
E. SOUND CONTROL REQUIREMENTS: The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer.
No internal combustion engine shall be operated on the Project without said muffler.
The noise level from the Contractor's operations, between the hours of 8:00 P.M. and 7:00 A.M., shall not exceed 86 dBA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transmit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
II. PUBLIC CONVENIENCE AND SAFETY
A. GENERAL: In addition to the requirements specified in Subsection 7-10 of the Standard Specifications, traffic control shall conform to the provisions of the latest edition of the State of California, Department of Transportation, “Manual on Uniform Traffic Control Devices".
B. SAFETY DEVICES: Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures, the City Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed immediately by the Contractor at his or her expense.
Should the City Engineer point out the inadequacy of warning and protective measures, such action on the part of the City Engineer shall not relieve the Contractor from responsibility for public safety or abrogate his or her obligation to furnish and pay for these devices.
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Prior to beginning any construction, the Contractor shall furnish the City Engineer with emergency phone numbers where he or she or a representative may be contacted during non-working hours or days for the purpose of replacing or providing additional warning or safety devices as directed by the City Engineer within 2 hours.
If the Contractor cannot be contacted or if attention is directed to the existence of a hazard and the Contractor fails to provide the necessary safety devices, said devices will be placed, or caused to be placed, by the City. The cost of placement of these devices shall be the sole responsibility of the Contractor and shall be paid for at the rate of $100 per call-out plus $50 per traffic control device for each 24 hours, or fraction thereof, that the device is required. Said costs shall be deducted from the total contract price for the work.
The Contractor shall remove any unnecessary traffic control devices from the work area in a timely manner. Should the Contractor fail to comply, upon notice from the City, within two (2) hours, City Staff will remove the devices and back-charge the Contractor at the rate of $100.00 per instance requiring the City to complete a removal.
These charges will be withheld from payments due the Contractor.
The Contractor shall, overnight and on weekends, monitor the condition of his or her traffic control devices for proper placement and safety. Should the City be notified of improper placement of these devices, the City Staff will make necessary corrections and back-charge the Contractor at the rate of $100.00 per instance. These charges will be withheld from payments due the Contractor.
C. TRAFFIC BARRICADE: The Contractor shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the Project as specified in Subsection 7-10 of the Standard Specifications, or as directed by the City Engineer. On major streets, traffic maintenance shall conform to the provisions in Section 7-10.2, and these Special Provisions.
The Contractor shall prepare traffic control plans (TMPs) for approval from the City Engineer.
Cost for barricading, traffic control, TMPs shall be included in the bid price under Contract Item “Mobilization and Traffic Control” or under individual items and no additional compensation shall be made therefore.
D. TRAFFIC AND ACCESS: The Contractor shall provide safe and continuous passage for pedestrian and vehicle traffic at all times. Emergency vehicles shall be permitted to pass through the work area without delay at all times.
The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers, and any other equipment as set forth in the Work Area Traffic Control Handbook (W.A.T.C.H.) prepared by the Southern California Chapter of the American Public Works Association, latest edition, or the State of California Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
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Department of Transportation “Manual of Warning Signs, Lights and Devices for use in Performance of Work Upon Highways”, latest edition; or as required by the City Engineer to insure safe passage of traffic.
The minimum taper allowed for transitional traffic from one lane to another shall be as follows:
TRAFFIC SPEED (mph) TAPER LENGTH (ft.)
25 150
30 200
35 250
40 350
45 550
50 600
E. LANE CLOSURES: Lane closures will not be permitted before 8:30 a.m. or after 4:30 p.m. in the arterial and secondary streets, and before 7:30 a.m. or after 4:30 p.m. in the local/residential streets, unless a request, in writing, has been received and approved by the City Engineer at least 72 hours in advance of the work.
No work shall commence prior to, or after the aforementioned hours.
The Contractor shall pay the Agency the sum of $100 for every 15 minute interval, or portion thereof, whenever traffic lanes are closed or work commence and/ or continue other than as specified above, which the parties agree is a reasonable estimate of the cost the Agency shall incur because of any interference in traffic flows caused by the Contractor. No overnight lane closure shall be permitted without prior approval of the Agency.
The Contractor shall use flashing arrow signs for lane closures unless otherwise authorized by the City Engineer in advance of the work. Trench plates shall be of the non-skid type and shall be pinned to prevent movement. The plates shall be ramped with temporary AC.
F. REMOVAL OF OFFICIAL SIGNS: In accordance with the requirement of Section 21464 of the Vehicle Code of the State of California, no person shall without lawful authority remove any official traffic control devices, guidepost or signpost placed or erected as authorized of required by law. Therefore, any such existing traffic control devise, guidepost, or signpost located within alignment of or interfering with the new construction work required herein, shall not be removed or relocated without first obtaining permission to do so from the City Engineer.
G. NOTIFICATION OF AFFECTED RESIDENCES AND BUSINESSES: Written notification shall be provided to residences and businesses fronting the Project alignment. Notify these parties 72 hours in advance of construction that will affect these properties. Door hangers or other means of notification shall be submitted to and approved in advance by the City Engineer.
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III. SITE CLEANING
All debris resultant from the Contractor's excavation or construction operation shall be removed from the site the same day at the Contractor's expense. No excess materials shall be dumped or drained into the storm sewer. All materials removed shall be disposed of outside of the right-of-way, which shall be left with a clean and finished appearance.
Contractor shall not permit the adjacent property, public or private, to become dirty and unsightly because of work under this contract. All equipment necessary to provide dust control shall be included in the unit contract prices bid for the project.
IV. NOTIFICATION OF AGENCIES
The following entities shall be notified at least 72 hours in advance of any street closure or restriction to access by the Contractor. Coordination of established service schedules will be available to the Contractor at the pre-construction meeting.
1. City Engineer
2. Fire Department
3. Police Department
4. Disposal & Street Sweeping Companies
5. Post Office
6. Affected School Districts
7. Residents within Project area
8. Any others that are determined by the City Engineer, as necessary to be notified.
V. CONSTRUCTION YARD
It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the City Engineer.
When storage sites are located on private properties, the Contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his or her property by the Contractor.
VI. SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workers on work, properly secluded from public observation and in compliance with health ordinances and laws, shall be constructed and maintained in an approved manner by the Contractor, and their use shall be strictly enforced by the Contractor.
VII. CONFERENCE
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The Contractor shall arrange for a pre-construction conference with the City Engineer and City Staff, which shall be held a minimum of five (5) working days prior to commencement of any work. The Contractor shall have his or her equipment available for inspection by the City Engineer at the time of the preconstruction conference.
VIII. PAYMENT
The lump sum or unit price paid for contract bid items shall include full compensation for furnishing all labor, materials, testing, tools, equipment and incidentals for constructing complete in place, as shown on the Plans, in these specifications, or as directed by the City Engineer.
IX. DAMAGE
Should any work under this contract damage or cause to be damaged any item or items not scheduled to be removed, such items shall be restored to their original condition and position, or shall be replaced, all at the Contractor's expense. All repairs or replacements shall be performed to the satisfaction of the Engineer.
X. WAGE RATES
Contractors are obligated to pay prevailing wages to persons employed by them for work under this contract. The contractor is required to keep all necessary records and documentation and prepare any required reports to verify that prevailing wages are paid in accordance with the State laws.
XI. “AS-BUILT” PLANS
The Contractor is required to submit to the City Engineer “As-Built” mark-up plans prior to final acceptance of the work. The plan shall indicate in red all deviations from the contract plans.
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CITY OF LA PALMA
TECHNICAL PROVISIONS
ZONE 4 SLURRY SEAL PROJECT, CITY PROJECT NO. ST-372
Description of Work
The scope of work in general consists of the following operations Zone 4, the Area bounded by Houston Dr, Walker St (between Houston Dr and Thelma Ave), Moddy St (from Shirley Dr to Houston Ave). it also included Laurelwood Ln (from Marview Dr to Blairwood Dr) and Residential Maintenance Zone 4, as shown on the map in Attachment “A” respectively in the City of La Palma as shown in these specifications and project plans.
• Apply weed sterilant
• Seal-fill pavement cracks
• Slurry Seal Pavement with Type II Slurry Mix
• Thermo Plastic Traffic Striping, Signage and Pavement Markings; Pavement Markers
• Street sweeper services 30 calendar days after final completion The work also includes, Grind and Overlay several Cul-De-Sacs.
UNCLASSIFIED EXCAVATION
Unclassified excavation shall conform to the provisions in Section 300 of the Standard Specifications and these Special Provisions. Work shall include excavation and backfill.
A. Excavation:
Excavation shall consist of removal of vegetation, dirt, roots, existing base material and AC as required and backfilling, grading and compaction necessary to complete the project as shown on the plans and described in the specifications, also includes removal and disposal of excess unsuitable material. The use of stompers and rock wheels will not be allowed for any portion of the work on this project.
Contractor shall remove all stumps, roots and other obstructions under the new concrete and pavement work to a depth of 12” below the finished grade and 24” laterally. All root pruning of trees that are to remain, shall be done with a machine designated for this purpose, e.g. a root pruner or a stump grinder. In lieu of this, roots maybe exposed and individually cut with a sharp hand or chainsaw only. Under no circumstances should roots be torn, ripped out, or otherwise damaged with a backhoe or other equipment. Trees and plants that are not to be removed shall be fully protected from injury by the Contractor at its expense.
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All excavated materials shall become the property of the contractor and shall be disposed of outside the roadway right of way at the end of each day.
B. Backfill
Work shall be performed in accordance with Section 301 of the Standard Specifications. Disturbed sub-grade and backfill materials shall be compacted to 95% relative compaction. Finished sub-grade shall not deviate more than 0.05 foot from the theoretical grading plane and must be firm and unyielding.
Backfill shall consist of placement of selected material necessary to fill voids adjacent to newly constructed curb and gutter, sidewalks, drive approaches, etc.
Backfill material shall be considered select material acquired from project excavations.
No backfill material shall be placed until approved by the Engineer.
All rocks, stones, debris and roots within 12 inches of the finished surface shall be removed and disposed of outside the roadway right of way.
C. Tests
The laboratory maximum density test shall be per Subsection 211-2.1 of the Standard Specifications. Compaction tests will be considered necessary in all pavement reconstruction areas whether the sub-grade is disturbed or not by the Contractor’s operations. Compaction tests shall be made at locations selected by the Engineer.
The City at no cost to the Contractor will make any required material and compaction tests. Should first compaction test fail, Contractor shall bear the cost incurred to perform all the following necessary tests to meet compaction requirements.
No paving materials shall be placed until authorized by the Engineer or required test reports indicate compaction is acceptable.
Full compensation for this item shall be considered as included in the various related items of work and shall include saw-cutting, excavation, asphalt removal, concrete removal and earth hauling disposing and furnishing of all labor, tools, equipment and doing all work necessary in accordance with the plans and specifications.
The cost of excavation and backfill shall be considered as being included in the various related items of work and shall include stockpiling of material, labor, tools, equipment, compaction, leveling and removal of rock, stones and debris, disposal of unsuitable materials and finishing the areas to a clean, neat appearance with no additional compensation being considered.
CONSTRUCTION METHODS:
Access to all private properties shall be maintained at all times during construction. The slurry created by the saw cutting shall be removed by vacuum during saw cutting operations. Residue from roadway pavement, sidewalk and subgrade removal operations, if any, shall not be permitted to flow or travel into gutters, onto adjacent street surfaces and parkways. All residues shall be completely removed by sweeping and disposed. No washing of residue into gutters and/or drainage structures will be allowed. The grinding or cleaning residue shall become the property of the Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
Contractor and shall be removed from the site.
During construction and excavation, soft and unstable sub grade is expected to be encountered. The City engineer shall determine the method of stabilizing these areas.
Removals shall consist of the removal of all materials, regardless of character, necessary for the construction of the project as shown or indicated on the plans and specifications and shall include but not limited to: roadway pavement, concrete sidewalk, aggregate base, sub base, vegetation, trees, roots, rocks, markers, shrubs and earth.
Under no circumstances shall the period of time between removal of existing improvements (which create an obstruction or hazard to the public) and their replacement exceed three (3) calendar days at any one location unless approved otherwise by the Engineer or necessary to facilitate or protect work. Should the Contractor fail to comply with this requirement, all other operations will be stopped until the hazard or obstruction is removed and no additional days or other compensation will be given.
Under no circumstances, shall the Contractor place concrete forms and leave the forms in place for more than 24 hours, aside from curing freshly poured concrete.
Access to all residences and businesses shall be maintained to an acceptable condition unless approved otherwise by the Engineer or necessary to facilitate or protect work.
In areas where roots are encountered, they shall be removed a minimum of 12 inches from the new work, or as directed by the Engineer. Trees shall be protected in place, unless otherwise specified.
The Contractor shall dispose of all material from the job site at the end of each day and shall bear all expenses of hauling and disposal of materials.
It shall be the Contractor's responsibility to locate any storage sites for materials and equipment needed and such sites must be approved in advance by the Engineer.
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in this section as specified herein, shall be considered as included in the price paid for the related items of work as listed in the bid sheet.
Best Management Practices (BMPs)
Per the Federal Clean Water Act, the contractor is required to eliminate pollution to waters of the United States in regards to this project. This project requires the Contractor to implement “Best Management Practices”. The contractor shall implement BMPs for Construction Projects and comply with all applicable requirements of the “Orange County Storm Water Program - Construction Runoff Guidance Manual” dated September 2006.
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
All debris resultant from the Contractor's excavation or construction operation shall be removed from the site the same day at the Contractor's expense. No excess materials shall be dumped or drained into the storm sewer. All materials removed shall be disposed of outside of the right-of-way, which shall be left with a clean and finished appearance.
All existing landscaping, ground cover, grass, plants, shrubs, and/or trees, which are damaged during construction, shall be replaced with the same type or approved variety.
The contract unit price paid for various contract items shall include full compensation for complete and operational items, including cleaning the street and impacted areas, all labor, tools, equipment and incidentals and for doing all the work involved in constructing the proposed improvements, complete in place as shown on the project plans and these specifications.
The bid items will be separated into the two project areas, Valley View, Zone 1 and Police Department Parking Lot as noted on the bid sheet. Bid Items No. 1 and 2 will cover the entire project.
CONCRETE CONSTRUCTION
All concrete work shall conform to the provisions in Section 201, “Concrete Mortar and Related Materials” of the Standard Specifications, and Section 303.5, “Concrete Curb, walk, Gutters, Cross Gutter, Alley Intersections, Access Ramps, and Driveways”.
All concrete shall be cured by the curing compound and shall conform to the provisions in Section 303-5.6 of the Standard Specifications.
The curing compound shall be applied in a manner that will provide a complete coating of all exposed faces of the concrete surface (provide minimum 1 gallon of curing compound for 200 S.F. of concrete surface). Portland Cement Concrete for miscellaneous concrete construction shall be produced from commercial quality aggregate and shall contain not less than 520 pounds of cement per cubic yard. Said concrete classes shall conform to the provisions in Section 210-1.1.2 of the Standard Specifications.
All concrete finishing shall conform to the requirements of Section 303-1.9 of the Standard Specifications.
All concrete for curb, gutter, driveways and sidewalk etc. shall be poured WITHIN 24 HOURS OF REMOVAL. Residents will be notified 48 hours in advance before removal of concrete approach. No area shall remain un-poured over a weekend without prior approval of the Engineer. All debris resultant from the contractor's excavation or construction operation shall be removed from each site the same day at the contractor's expense. No excess materials shall be dumped or drained into the storm drains or sewer.
All materials removed shall be disposed outside of the right-of-way, which shall be left with Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
a clean and finished appearance. Any irrigation lines and sprinkler heads damaged during excavation shall be repaired and water tested with the City's inspector present, PRIOR to concrete pouring.
All existing landscaping, ground cover, grass, plants, shrubs, and/or trees, which are damaged during construction, shall be replaced with the same type or approved variety within 48 hours of concrete pouring.
The contract unit price paid for concrete items shall include full compensation for complete and operational items, including furnishing Portland cement mixes, admixtures where are required, water (including water for dampening the base materials), removal and disposal of concrete, asphalt concrete, turfs and weeds, leveling the base materials, removal of tree roots under sidewalk and back fill, compaction, cleaning the street and effective areas, all labor, tools, equipment and incidentals and for doing all the work involved in constructing the concrete curb & gutter, asphalt and sidewalk, complete in place as shown on the specifications.
BID ITEM NO. (1), MOBILIZATION and TRAFFIC CONTROL:
Mobilization and Traffic Control shall conform to the Standard Specifications, Work area traffic control handbook, and these Special Provisions. The traffic control plan shall be prepared, stamped, and signed by a licensed Traffic Engineer or Civil Engineer and submitted to the City Engineer for approval. Traffic control measures shall be implemented as per approved traffic control plans and these specifications for the proposed improvements. Also, the Contractor shall obtain permits from the Cities of La Palma and Buena Park for prosecution of the work per project plans and these specifications.
This bid item also includes the Contractor’s preparation of notices to the public for the scheduled work, 2 weeks before work begins, 48 hour posting of no parking signs, 48 and 24 hour “door” hangers/handouts resident notices with coordination with street sweeping and trash pickup operations.
The price of this item shall be at the contract unit price per the lump sum price bid for Mobilization and Traffic Control, and shall include full compensation for mobilization, demobilization, preparing traffic control plans and furnishing labor, tools, equipment and incidentals required for implementation of traffic control measures for the proposed improvements in accordance with Standard Specifications and these Technical Provisions and no additional compensation will be allowed therefore.
BID ITEM NO. (2), PREPARE SWPPP/EROSION CONTROL/BMP’s:
Under this contract, the contractor agrees to prepare for approval from the City Engineer and implement an approved Storm Water Pollution Prevention Plan (SWPPP) to prevent the run-off of construction materials into the City’s storm water system.
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
These run-off control measures are defined by the currently applicable National Pollutant Discharge Elimination System (NPDES) Permit and are also governed by the City of La Palma Municipal Code. Contractor shall provide a SWPPP prepared, signed, and stamped by a California licensed Civil Engineer with a Qualified Stormwater Developer (QSD) license for City review and approval.
It is anticipated that storm and surface waters will be encountered at various times and locations during the work. Such waters may interfere with Contractor’s operations and may cause damage to his operations, and private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the Contractor.
Where necessary to protect the work or materials from damage, the Contractor shall, at his expense, provide suitable roadway drainage and erect such temporary structures as are necessary to protect the work or materials. The Contractor, by submitting a bid, assumes all of said risk, and the Contractor acknowledges that its bid was prepared accordingly.
The Contractor shall conduct his operations in such a manner that storm or other waters may proceed without diversion or obstruction along existing street and drainage courses. Drainage of water through existing catch basins shall be maintained and protected from inclusion of sediment at all times. Diversion of water for short reaches to protect construction in progress may be authorized when, in the opinion of the Engineer, existing drainage facilities or adjacent properties are not subject to the probability of damage.
Methods to handle and dispose of all storms, surface or other waters shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), the Federal clean Water Act and any City and County regulations.
In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, dirt, bituminous or other harmful materials and shall be responsible for removing said materials in the event that protection measures are not effective.
The Contractor shall implement all necessary Best Management Practices (BMPs) in order to comply with the following construction/erosion control requirements. • Sediment from areas disturbed by construction shall be retained on-site using structural controls to the maximum extent practicable.
• Stockpiles of soil/debris shall be properly contained to minimize sediment transport from the site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking, or wind.
• Appropriate BMPs for construction related materials, wastes, spills or residues shall be implemented to minimize transport from the site to streets, drainage facilities, or adjoining property by wind or runoff.
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
• Runoff from equipment and vehicle washing shall be contained at construction sites at all times.
• All Construction Contractor and Subcontractor personnel are to be made aware of the required Best Management Practices and good housekeeping measures for the project site and any associated construction staging areas. • At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of.
• Construction sites shall be maintained is such a condition that an anticipated storm does not carry wastes or pollutants off the site. • Potential pollutants include but are not limited to: solid or liquid chemical spills, wastes from paints, stains, sealants, glues, lime, pesticides, herbicides, wood preservatives and solvents, asbestos fibers, paint flakes or stucco fragments, fuels, oils, lubricants, and hydraulic, radiator or battery fluids, concrete, detergent or floatable wastes, wastes from any engine/equipment steam cleaning or chemical degreasing, and super chlorinated potable water line flushing. • During construction, disposal of such materials should occur in a specified and controlled temporary area on-site physically separated from potential storm water runoff, with ultimate disposal in accordance with local, state and federal requirements.
• Dewatering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited. Dewatering of non-contaminated groundwater requires a National Pollutant Discharge Elimination System (NPDES) permit from the State Regional Water Quality Control Board.
MEASUREMENT AND PAYMENT:
Payment for this Bid Item shall be at the contract unit price per the lump sum price bid for Storm Water Pollution Plan (SWPPP), and shall include full compensation for preparing SWPPP and furnishing labor; tools, equipment and incidentals required for, in accordance with Standard Specifications and these Technical Provisions and no additional compensation will be allowed therefore.
BID ITEM NO. (3), CRACK SEAL:
Pavement cracks greater than 1/8" shall be routed, cleaned and filled with hot asphalt rubber joint and crack sealant conforming to Standard Specifications Section 201-3.7 (Type "D" Joint Sealant (Hot-Poured Rubber-Asphalt Joint sealant)). Cracks less than 1/8" wide shall not be filled. Cracks greater than 1/8" up to and including 3/8" shall be routed to a width of 1/2" and a depth of 3/4". Cracks greater than 3/8" need not be routed.
All cracks, 7 days prior to or per manufacturer’s recommendations shall be sprayed with a weed sterilant prior to placing all crack seal materials. Weed sterilants shall comply with State and Federal regulations and placed by individuals certified to place such projects. The Contractor shall provide documentation of worker certifications prior to commencing weed sterilant work.
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
All cracks shall be blown clean using not less than 175 cfm air compressor at 110 psi just prior to sealing. Loose material between cracks larger than 3/8" shall be removed by gouging or plowing and the crack shall be brushed and blown clean with compressed air just prior to sealing.
Sealant shall be topped off where settling occurs. Depressed areas adjacent to cracks shall be filled to road level by use of a straight squeegee. Excess material shall be leveled off at all cracks.
The Contractor shall submit the manufacturer’s material certification for the asphalt sealant to the City Engineer for review and approval at least fourteen (14) calendar days prior to commencing any work. Sealant shall be applied according to manufacturer's specifications, using the manufacturer's recommended equipment. Manufacturer's specifications and equipment recommendations shall be furnished to the Engineer prior to construction.
MEASUREMENT AND PAYMENT:
Payment of this Bid Item shall be per lump sum contract price and shall include full compensation for cleaning, preparing pavement cracks, applying crack sealer and furnishing labor, tools, equipment and incidentals in accordance with Standard Specifications and these Technical Provisions and no additional compensation will be allowed therefore.
BID ITEM NO. (4) SLURRY TYPE II:
The Contractor shall furnish all labor, equipment, material, supplies, signage, traffic control, and other incidentals necessary to provide the Slurry Seal. Slurry Seal shall consist of a mixture of approved emulsified asphalt, mineral aggregate, water, and specified additives, proportioned, mixed and uniformly spread over a properly prepared asphalt surface. The completed Slurry Seal shall leave a homogeneous mat, adhere firmly to the prepared surface, and have a skid-resistant surface texture throughout its service life.
MATERIALS
Emulsified Asphalt Material – The liquid emulsion shall be water-based emulsified asphalt comprised of straight-run vacuum tower bottoms, synthetic SBR latex polymer, and emulsification agents. The SBR polymer shall be co-milled during the emulsification process such that a bicontinuous polymer-asphalt network is formed upon curing of the finished emulsion. The emulsion shall be pumpable and suitable for use in a Slurry Seal machine.
The emulsified asphalt shall conform to the requirements of the ASTM specification for Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
quick set CQS with revisions as indicated in the table below. In addition, the emulsion shall contain 1%, 3% minimum SBR latex solids based on weight of asphalt cement.
The slurry seal mixture shall contain an emulsion content of 10 – 20% by weight of dry aggregate, which shall be determined in the laboratory by an approved mix design process. The residual asphalt content shall be 5 – 15% based on weight of dry aggregate.
Tests on CQS Emulsion Minimum Maximum Test Method
Viscosity, Saybolt Furol, 25oC, sec, (a) 20 100 ASTM D 244 Particle Charge Test Positive ASTM D 244
Sieve Test, % (a) 0.1 ASTM D 6933
Distillation: (b) AASHTO T 59
Residue, % 60 AASHTO T 59
Polymer:
Polymer Solids Based on Weight of Asphalt, % 1, 3 Supplier Cert.
Polymer Type: SBR Latex Supplier Cert.
Tests on Residue (b) AASHTO T 59
Penetration, 25oC, 100g, 5s 40 ASTM D 5
Ductility, 25oC, 5 cm/min, cm 40 ASTM D 113
Solubility in Trichloroethylene, % 97.5 ASTM D 2042
Elastic Recover, 77 F, 10cm,1h, % 40 ASTM D 5976
The specification for Slurry Emulsion is in accordance with the material properties and test methods as specified by ISSA, ASTM, and AASHTO.
(a) This test requirement on representative samples is waived if successful application of the material has been achieved in the field. (b) Residue by evaporation is intended to provide rapid determination of the percent residue and to provide material for tests on residue. If the percent residue or any test on the residue fails to meet specifications, the tests will be repeated using the distillation test specified by AASHTO T59. For polymer-modified emulsions, the distillation and evaporation tests will be modified to include 400F maximum temperature to be held for 15 minutes.
(c) If the solubility of the residue is less than 97.5%, the base asphalt binder for the emulsion shall be tested. The solubility of the base asphalt binder shall be greater than 99 percent.
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
AGGREGATE - The aggregate shall consist of manufactured granite crusher fines. The smooth textured crusher fines shall have less than 1.25% water absorption. The aggregate shall be gray in color with 100% fractured faces, clean and free from organic matter or other deleterious substances and clay balls. Oversized granular material and/or presence of clay balls will require the project to be stopped and shall meet the following requirements:
Gradation Table – Aggregate (percent passing)
(a) (b)
Sieve Size Type II Type III Tolerance
3/8” 100 100 + or -5%
No.4 90-100 70-90 + or -5%
No. 8 65-90 45-70 + or -5%
No. 16 45-70 28-50 + or -5%
No. 30 30-50 19-34 + or -5%
No. 50 18-30 12-25 + or -4%
No. 100 10-21 7-18 + or -3%
No. 200 5-15 5-15 + or -2%
(a) Meets ISSA gradation.
(b) If oversize material is present, screening through a ¼” screen will be required prior to delivery to the slurry machine. If clay balls are present, the aggregate may not be used.
• Resistance to Degradation (ASTM C131grading D) 20% maximum loss • Soundness of Aggregate (ASTM C88) 15% maximum loss
• Sand Equivalent (ASTM D 2419) 55% maximum
• LA Abrasion (AASHTO T96) 20% maximum loss
Mineral Filler: Hydrated lime, limestone dust, or other approved filler meeting the requirements of ASTM D242 shall be used if required by the mix design. They shall be considered as part of the dry aggregate.
Water: All water used shall be potable and free of dissolved materials which may affect the mix characteristics or finished characteristics of the product.
Additives: Additives may be used to accelerate or retard the break-set of the Slurry Seal or to improve the resulting finished surface. The use of additives in the Slurry mix (or individual materials) shall be made initially in quantities predetermined by the mix design with field adjustments, if required, after approval by the City Engineer/Project Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
Manager.
Slurry Seal Mix Design Specifications: Before work begins, the Contractor shall submit a mix design covering the specific materials to be used on the project. The mix design shall identify the job mix formula and present test results for the required specifications verifying the compatibility of the aggregate and the modified CQS-1HL.
The mix design shall follow the standards and guidelines as set forth by ISSA. The Slurry mixture shall meet the following specifications:
ISSA TEST NO. DESCRIPTION SPECIFICATION
ISSA TB-100 Wet-Track Abrasion Loss, six (6)
day Soak 75 g/ft² (807 g/m² )
ISSA TB-109 Sand Adhesion by wheel tester 50 g/ft² Maximum ISSA TB-105 Asphalt Content (based on dry
aggregate) 5 – 15%
ISSA TEST NO. DESCRIPTION SPECIFICATION
ISSA TB-113/3.5 Mix Characteristics
No excess free liquids in mix
No excessively dry or stiff mix
ISSA TB-113/3.6 Mix Time at 77°F 180 seconds minimum
ISSA TB-113/3.6 Mix Time at 100°F 120 seconds minimum
ISSA TB-113/3.7 30 minutes maximum
ISSA TB-113/3.8 30 minutes maximum
No tackiness
No Shininess
ISSA T113/4.2 Fines Flotation No fines flotation
ISSA T113/4.3 Internal Adhesion
95% minimum coating, all size
particles securely held in mix,
no asphalt/aggregate
segregation
ISSA T114 Coated aggregate integrity
95% minimum coating report
solid, broken, crumbly, etc.
30 min 12 kg-cm min
60 min report
2 hr report
4hr report
24hr solid spin (26 in-lb)
Trial Mix Characteristics
Set Time at 77°F Displacement
Clear blot
Cured Trial Mix Evaluation (24hr-77°F cured mix from ISSA T113/3.6 -30 second mix) ISSA T113/4.1 Surface Examination
Wet Stripping Test -modified to a 10 minute boiling period (24hr 77°F cured mix from ISSA T113/3.6 -30 second mix) ISSA T139 Cohesion Value at 77°F
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
Composition of mixture: The owner shall approve the design mix and all Slurry Seal materials and methods prior to use and shall designate the proportions to be used within the following limits:
Residual Asphalt: 5% – 15% by dry weight of aggregate.
Emulsion Content: 10% - 20% by dry weight if aggregate.
Mineral Filler: 0.5% to 2% by dry weight of aggregate.
Polymer Content: 1%, 3% minimum based on weight of asphalt cement.
Water (Potable): As required to provide proper consistency.
Application Rate (average): 16-20 lbs. per
square yard (Type II)
18-22 lbs. per square yard (Type III)
Equipment: The material shall be mixed by either a truck mounted or self-propelled micro-surfacing mixing machine. The machine shall employ continuous flow mixing and be able to accurately deliver and proportion the aggregate, emulsified asphalt, mineral filler and water to a revolving multi-blade mixer and discharge the mixed product on a continuous flow basis. The machine shall have sufficient storage capacity for aggregate, emulsified asphalt, mineral filler and water to maintain an adequate supply to the proportioning controls.
Individual volume or weight controls for proportioning each material to be added to the mix shall be provided. Each material control device shall be calibrated and properly marked. The aggregate feed to the mixer shall be equipped with a revolution counter or similar device so the amount of aggregate used may be determined at any time. The emulsion pump shall be a heated positive displacement type and shall be equipped with a revolution counter or similar device so that the amount of emulsion used may be determined at any time.
The mixing machine shall be equipped with a water pressure system and nozzle type spray bar to provide a water spray immediately ahead of and outside the spreader box.
The mixing machine shall be equipped with an approved fines feeder that shall provide a uniform, positive, accurately metered, predetermined amount of the specified mineral filler.
Spreading Equipment: The paving mixture shall be spread uniformly by means of a mechanical type squeegee box attached to the mixer, equipped with paddles and/or augers to agitate and spread the materials throughout the box. A front seal shall be provided to insure no loss of the mixture at the road contact surface. The rear seal shall act as final strike off and shall be adjustable. The mixture shall be spread to fill cracks and minor surface irregularities and leave a uniform skid resistant application of aggregate and asphalt on the surface. The spreader box and rear strike-off shall be so designed and operated that a uniform consistency is achieved to produce a free flow of material to the rear strike-off. No “burlap” will be permitted to be drug behind the Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
squeegee box except along the seams where a 2’ to 3’ wide burlap “blanket” will be permitted to be drug to the extent necessary to achieve an acceptable finish at the seams as determined by the owner. Rut filling equipment will require adjustable steel strike-off plates. The seam where two spreads join shall be neat appearing and uniform.
All excess material shall be removed from ends of each job site immediately.
Calibration: Each mixing unit to be used during performance of the work shall be calibrated in the presence of the Project Manager prior to construction. Previous calibration documentation covering the exact materials to be used may be acceptable, provided they were made during the same calendar year. The documentation shall include an individual calibration of each material at various settings, which can be related to each machine's metering devices. No machine will be allowed to work on the project until all calibrations have been completed and/or accepted by the Project Manager.
Lines: Care shall be taken to insure straight lines along curbs and shoulders. No runoff on these areas will be permitted. Lines at intersections shall be kept straight to provide a good appearance.
Handwork: Approved hand squeegees, with burlap drags, shall be used to spread Slurry in areas not accessible to the Slurry spreader box. Care shall be exercised in leaving no unsightly appearance from handwork.
Curing: Areas receiving Slurry Seal will be allowed to cure from three to five hours or until the treated pavement will not be damaged by traffic. The Contractor will protect the area with suitable barricades or markers for the full curing period. Areas damaged within 24 hours of application of Slurry, or prior to moving to new work locations, shall be repaired by the Contractor at their expense.
Surface Preparation: Immediately prior to applying the Slurry Seal, the surface shall be cleared of all loose material, oil spots, vegetation and other objectionable material. Any standard cleaning method will be acceptable. If water is used, cracks shall be allowed to dry thoroughly before Slurry surfacing. Manholes, valve boxes, drop inlets and other service entrances shall be protected from the Slurry Seal by a suitable method. The Project Manager shall approve the surface preparation prior to surfacing.
Weather Limitations: The Slurry Seal shall not be applied if either the pavement or air temperature is below 50°F (10°C) and falling, but may be applied when both pavement and air temperatures are above 45°F (7°C) and rising. No Slurry Seal shall be applied when air temperatures will be below freezing within 24 hours. The mixture shall not be applied when weather conditions prolong opening to traffic beyond a reasonable time.
Notification: All homeowners and businesses affected by the paving shall be notified 24 hours in advance of the surfacing. Refer the Mobilization Bid Item for additional information. Suitable tow-away signs may be posted prior to the surfacing with the necessary Vehicle/Municipal Code Section to allow for towing. Should work not occur on the specified day, a new notification will be distributed. The notification shall be in a form of written posting, stating the time and date that the surfacing will take place.
Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
Traffic Control: Suitable methods shall be used by the contractor to protect the Slurry Seal from damage from all types of vehicular traffic. Opening to traffic does not constitute acceptance of the work. The Project Manager shall be notified of the methods to be used. In areas that are subject to an increased rate of sharp-turning vehicles, additional time may be required for a more complete cure of the Slurry Seal mat to prevent damage. Slight tire marks may be evident in these areas after opening but will diminish over time with rolling traffic. If these areas are not severely rutted, they should be considered as normal characteristics of a Slurry Seal.
Clean Up: All areas, such as man-ways, gutters and intersections, shall have the Slurry Seal removed as specified by the Project Manager. The Contractor shall remove any debris associated with the performance of the work on a daily basis.
Measurement and Payment: The Slurry Seal shall be measured and paid for by the square feet on the slurry seal work completed and accepted by the City. Acceptance by the City shall be verified by the acceptance of the City’s material testing Wet Abrasion Testing conducted at the City’s cost. The furnishing labor, tools, equipment and incidentals in accordance with Standard Specifications and these Technical Provisions and no additional compensation will be allowed therefore.
BID ITEM NO. (5) 1.5” ASPHALT PAVEMENT GRIND
All bid item unit prices shall include 1.5 inch grinding of the existing asphalt within the culde-sac bulb. Removal of all grinding, street sweeping as required and installation of temp ac ramps at each impacted driveway.
The finish asphalt surface shall be level with the edge of the adjacent gutter. The existing asphalt pavement, where it comes in contact with the new asphalt, shall be tack-coated with SS1-h emulsified asphalt. If, at the discretion of the Engineer, the existing asphalt is not acceptable to pour against or is damaged by the contractor, asphalt pavement adjacent to gutter shall be restored within 72 hours after concrete is poured.
MEASUREMENT AND PAYMENT:
Payment of this Bid Item shall be per lump sum contract price and shall include full compensation for grinding existing pavement, disposal of grindings and clean up. removal of stripes and furnishing labor, tools, equipment and incidentals in accordance with Standard Specifications and these Technical Provisions and no additional compensation will be allowed therefore.
BID ITEM NO. (6) 1.5” ASPHALT PAVEMENT OVERLAY
All bid item unit prices shall include the replacement of A.C. pavement in the cul-de-sacs with a minimum of 1.5" thick A.C., 1/2” PG 64-10. The finish asphalt surface shall be level with the edge of the adjacent gutter and/or existing manholes. Water valves will be Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
required to be adjusted to grade during paving operations if applicable. The existing asphalt pavement, where it comes in contact with the new asphalt, shall be tack-coated with SS1-h emulsified asphalt. If, at the discretion of the Engineer, the existing asphalt is not acceptable to pour against or is damaged by the contractor, asphalt pavement adjacent to gutter shall be restored within 72 hours after concrete is poured.
MEASUREMENT AND PAYMENT:
Payment of this Bid Item shall be per lump sum contract price and shall include full compensation for the placement, compaction and finishing of 1.5” AC overlay and furnishing labor, tools, equipment and incidentals in accordance with Standard Specifications and these Technical Provisions and no additional compensation will be allowed therefore.
BID ITEM NO. (7), TRAFFIC STRIPING, SIGNAGE & PAVEMENT MARKINGS; RAISED PAVEMENT MARKERS AND CURB PAINT:
This work shall consist of the installation of traffic thermo plastic stripes, pavement markings, curb paint, markings and legends, and raised pavement markers shall be of the type as noted in project plans and these specifications and at the same locations as they existed prior to implementation of improvements and reconstruction on this project (additional legends shall be at locations as shown on project plans). In addition, all bike lane lines and symbols shall be painted with a non-thermoplastic material, the Contractor shall submit the specific materials to be used on the bike lane lines and symbols.
All existing thermo plastic striping and bike lane lines and symbols shall be ground off the existing pavement prior to placement of any slurry product. This cost shall be included as part of the striping costs accordingly. No additional compensation will be allowed.
It shall be the Contractor’s responsibility to locate and identify all existing pavement markings prior to commencing work, for replacement after work has been completed.
Striping, cross-walks, limit lines, and pavement legends shall be thermo plastic.
MATERIALS:
The pavement striping and markings (cross-walks, limit lines, legends etc.) material shall be Thermoplastic as follows: Thermoplastic shall be composed of ALKYD/MALEIC THERMOPLASTIC PAVEMENT material that is applied to a road Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A
surface in a molten state by extrusion means with a surface application of glass spheres. When applied properly and at the designated thickness and width, the stripe shall, upon cooling, be reflectorized and be able to resist deformation by traffic.
Thermoplastic material shall conform to Section 84 of the Standard Specifications of the State of California except as follows: The Thermoplastic material shall be homogeneously composed of pigment, filler, resins, and glass reflectorizing spheres.
The material manufacturer shall have the option of formulating the material according to his own specifications, however, the solid resin shall comprise a minimum of 8% by weight of the entire material formulation which shall only consist of 100 percent maleicmodified glycerol ester of wood resin with no tall oil derivatives. The physical and chemical properties contained in these specifications shall apply regardless of the type of formulation used. The material upon heating to application temperature shall not exude fumes which are toxic or injurious to persons and property. The specific gravity of the thermoplastic traffic line material shall not be less than 1.95 nor more than 2.15.
The pigments, beads and filler shall be uniformly dispersed in the resin. The material shall be free from all skins, dirt and foreign objects and shall be composed by weight of at least 18% binder, 25% glass beads, and 8% titanium dioxide. The binder shall consist of a mixture of synthetic resins, at least one of which is solid at room temperature, and high boiling point plasticizers. At least one-third of the binder composition shall be the solid maleic-modified glycerol ester wood resin and shall be no less than 8% by weight of the entire material formulation. The binder shall not contain petroleum based hydrocarbon resins, tall oil resins, blends of tall oil resin and wood resin or similar derivatives.
Paint for curbs, cat tracks and dribble lines shall be furnished by the Contractor. Paint shall be either the Fast Dry or Rapid Dry type at the option of the Contractor. The paint to be furnished shall conform to the State of California Department of Transportation’s current specifications for such materials. Copies of said specifications are available for inspection at the Department’s Transportation Laboratory, Sacramento, California.
Guarantee: The pavement marking material furnished and installed under this contract shall be guaranteed for one year by the Contractor against failure due to blistering, bleeding, excessive cracking, staining, discoloration, oil content of the pavement materials, smearing or spreading under heat, deterioration due to contact to oil or gasoline drippings, chipping, spoiling, poor adhesion resulting from defective materials or methods of application, loss of reflectivity and damage from traffic and wear.
CONSTRUCTION METHODS:
Mechanical means shall be used to install traffic stripes, pavement markings, and bike lane lines. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. The spots shall be no more than 3 inches in width and not more than 5 feet apart on curves and 10 feet apart on tangents.
Dribble lines shall consist of marking the pavement with a thin line of paint using a Docusign Envelope ID: 23824A3D-F833-42AE-A834-3E3B73EC4B7A