CITY OF LOMITA
24300 Narbonne Avenue
Lomita, CA 90717
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED
SAFETY PLAYGROUND SURFACE REMOVAL AND REPLACEMENT
PROJECT
BID OPENING
MONDAY, NOVEMBER 10, 2025
1:00 PM
TABLE OF CONTENTS
SECTION A-NOTICE INVITING BIDS
NOTICE INVITING BIDS..……………………………………………………... A-2
SECTION B-INSTRUCTIONS TO BIDDERS
I. QUALIFICATION OF BIDDERS ……..……………………………..……..B-2
II. BIDDER’S RESPONSIBILITY …………………………………………. B-3
III. ADDENDA TO CONTRACT DOCUMENT ……...……………………... B-4
IV. PREPARATION OF THE BID ……………..……………………………. B-4
V. BID BOND ………………………………………………………………….. B-5
VI. NON-RESPONSIVE BIDS AND REJECTION ……...…………………. B-5 VII. AWARD OF CONTRACT ………………………………………………….B-5
VIII. EXECUTION OF CONTRACT …………………………………………….B-6
IX. APPRENTICESHIP EMPLOYMENT STANDARDS …………………. B-6
X. PERMIT, LICENSE AND PUBLIC WORKS AGREEMENT ………..... B-6 XI. INSURANCE ……………………………………………………………… B-6
XII. PRE-BID INQUIRIES ……………………………………………………… B-6
XIII. LABOR CODE – SB 854 …………………………………………………. B-6
XIV. PREVAILING WAGE ……………………………………………………. B-7
XV. CONFORMANCE WITH CITY OF LOMITA NOISE ORDINANCE …. B-7 XVI. NOTIFICATION OF RESIDENTS OF START OF WORK…………….. B-7 XVII. COMPLIANCE WITH LOBBYING CERTIFICATION…….……………..B-7 XX. DISADVANTAGED BUSINESS ENTERPRISES……………………. B-7
SECTION C - BID DOCUMENTS
BIDDERS PROPOSAL …………………………………………………….…… C-2
CONTRACTOR’S AFFIDAVIT ……………………………………………….…C-6
BID BOND (10%) ………………………………….……………………………. C-8
LIST OF SUBCONTRACTORS ……………………………………………….. C-9
CONSTRUCTION PROJECT REFERENCES………………………….……. C-10
VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS ……..……….…... C-11 DISQUALIFICATION OR DEBARMENT …………………………..…….…... C-12
SECTION D – DOCUMENTS TO BE COMPLETED AND DELIVERED TO CITY
AFTER AWARD OF CONTRACT
PUBLIC WORKS AGREEMENT ................................................................. D-2 CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT .............. D-12 PERFORMANCE BOND ............................................................................. D-14 LABOR AND MATERIAL BOND ……………………………………........ ...... D-16 WORKERS' COMPENSATION INSURANCE CERTIFICATION..................D-19 SECTION E – SPECIAL PROVISIONS
LIST OF APPENDICES
APPENDIX I
SITE MAPS, REQUESTED EQUIPMENT, AND SAMPLE STRUCTURES
APPENDIX II
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING SUMMARY
PPENDIX II
CITY OF LOMITA QUALITY ASSURANCE PROGRAM
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SECTION A
NOTICE INVITING BIDS
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CITY OF LOMITA, CALIFORNIA
NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Lomita, County of Los Angeles, California (hereinafter “City”) will receive sealed bids at the Office of the City Clerk, City Hall, 24300 Narbonne Avenue, Lomita, CA 90717, by 1:00 PM on Monday, November 10, 2025 at which time all bids will be publicly opened and read in the City Council Chamber at the above address for:
LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY SURFACE
REMOVAL AND REPLACEMENT PROJECT
This project is funded by Measure A Annual Allocations and Measure A Maintenance & Servicing Funds. It involves the removal and replacement of existing playground equipment and rubberized surfacing at Lomita Park located at 24428 Eshelman Avenue Lomita, CA 90717. The Work to be done, in general, consists of furnishing all labor, material, tools, equipment, and incidentals to remove all existing Playground Equipment and Rubberized Surface and install new Playground Equipment and Rubberized Safety Playground Surface. The Work shall consist of all activities associated with playground equipment removal and installation and will also consist of the removal, replacement and/or installation of new rubber safety playground surfacing, concrete walkway, concrete curb, including soil preparation for any new grass areas, if necessary. The rubberized safety playground surfacing shall be poured-in-place and comprised of a substrate cushion material of Styrene Butadiene Rubber (SBR) polyurethane binder with a surface wear course composed of new high quality Ethylene Propylene Diene Monomer (EPDM) rubber and aromatic polyurethane binder underlain by a minimum sixinch (6”) CMB subbase layer. The new rubber surfacing may consist of a 50/50 EPDM Colors (TBD prior installation) over the entire rubberized surface areas. No manufacturer brand is specified, ANY/ALL Materials and Equipment specified are subject to City Approval PRIOR to placement and/or installation.
The Contractor shall perform all work required for such construction in accordance with the Contract Documents and subject to the terms and conditions of the Contract, complete and ready for use. Each bid must be submitted in writing on a bid proposal furnished by the City. Bids must conform and be responsive to all contract documents.
All bids must be sealed and must be plainly marked in the lower left-hand corner “LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY SURFACE REMOVAL AND REPLACEMENT PROJECT”.
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Plans and Specifications may be downloaded and printed from the City’s website at no charge at: https://lomitacity.com/current-bids-rfps/ Prospective bidders who only view and/or print the Plans and Specifications from the City’s website will not automatically be added to the City’s Plan Holder list for this project unless they send an email to [email protected], and provide the firm’s name, address, telephone and contact person with a valid email address. This will ensure that the prospective bidder is listed as a “Plan Holder” and will be informed of any addenda and all information issued subsequent to obtaining the official form of proposal.
Addenda will be posted on the City website, but it shall be the bidder’s responsibility to inquire for any addenda/updates to this Notice Inviting Bid prior to submitting their bid.
Each proposal must be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Lomita, in an amount not less than 10 percent of the total bid submitted.
The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney. The successful bidder will also be required to pay the State of California prevailing wage scale as determined by the Department of Industrial Relations, available at https://www.dir.ca.gov/Public-Works/PublicWorks.html.
The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsible bidder. Plans and Specifications will be available for review at City Hall.
The contractor shall possess a valid State of California Contractors License, Class A.
All work shall be completed within 100 working days from the date of the Notice to Proceed (NTP).
A non-mandatory Pre-Bid Meeting will be held on Tuesday, October 28th, 2025, from 10:00AM to 11:00AM. The visitation will commence at Lomita Park located at 24428 Eshelman Avenue, Lomita, CA 90717. All questions regarding this bid must be submitted in writing on or before 1:00 PM on Thursday, October 30th, 2025, to [email protected].
Published in Daily Breeze on Friday, October 24th, 2025 Kathleen Horn Gregory, CMC City Clerk
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SECTION B
INSTRUCTIONS TO BIDDERS
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INSTRUCTIONS TO BIDDERS
I. QUALIFICATION OF BIDDERS
1. Competency of Bidders
The Bidder shall be thoroughly competent and capable of satisfactorily performing the Work covered by the Bid. As specified in the Bid Documents, the Bidder shall furnish statements of previous experience on similar work. When requested, the Bidder shall also furnish the plan of procedure proposed; the organization, machinery, plant and other equipment available for the Work; evidence of its financial condition and resources; and any other such documentation as may be required by the City to determine if the Bidder is responsible.
2. Contractor’s License
At the time of submitting the Bid, the Bidder shall be licensed as a contractor in accordance with the provisions of Chapter 9, Division 3, of the California Business and Professions Code. The required prime contractor license for this project is a Class A Contractor’s license. However, the City reserves the right to award the Contract to a contractor with another class if the City determines that the license is proper for the work.
3. Contractor Registration Requirements
SB 854 amended the Labor Code to require all contractors bidding on public work to register with the Department of Industrial Relations (DIR) and to pay an annual fee.
The registration requires contractors to provide the State with evidence of the contractors’ compliance with a number of statutory requirements. The registration requirement took effect on July 1, 2014.
4. Bidder’s Submittal and Contract Award Prohibited
Under California Labor Code section 1771.1, as amended by SB 854, unless registered with the DIR, a contractor may not bid, nor be listed as a subcontractor, for any bid proposal submitted for public work on or after March 1, 2015. Similarly, a public entity cannot award a public work contract to a non-registered contractor, effective April 1, 2015. Also refer to Section 5-3.1 of the Special Provisions.
5. Bidder Qualifications
Bidder Qualifications called for to be submitted at the time of bid include, but are not necessarily limited to:
a. The Contractor shall have been in business under the same name and California Contractor’s License for a minimum of 10 continuous years prior to the bid B-3
opening date for this project. The license used to satisfy this requirement shall be of the same type as required by the contract.
b. The Contractor shall provide a minimum of 3 references for the construction of similar projects which have been successfully completed in the State of California with a construction cost of at least $2 million during the past 5 years. c. The Contractor or the Subcontractor performing the construction of similar projects shall have a minimum of 10 years’ experience under the same name and California Contractor’s License.
d. The Contractor shall perform above 50% of the contract with its own forces. e. The Contractor shall apply for a City of Lomita business license details of which can be found in the link below:
https://lomitaca.portal.opengov.com/categories/1091
II. BIDDER RESPONSIBILITY
A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as ability, fitness, capacity and experience to satisfactorily perform the work.
Bidders are notified that, in accordance with the Lomita Municipal Code, the City Council may determine whether the Bidder is responsible based on a review of the Bidder’s performance on other contracts.
If, based on the provisions and criteria set forth in the Lomita Municipal Code, the Public Works Director proposes not to recommend the award of contract to the apparent low bidder, the Director shall notify the Bidder in writing of its intention to recommend to the City Council that the Council award the contract to the 2nd lowest responsible bidder. If the Bidder presents evidence in rebuttal to the recommendation, the Director shall evaluate the merits of such evidence, and based on that evaluation, make a recommendation to the City Council.
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III. ADDENDA TO THE CONTRACT DOCUMENTS
The City may issue Addenda to the Contract Documents during the period of advertising for any reason. The Bidder shall acknowledge the receipt of the Addenda in their Bid. Failure of the Bidder to do so may result in the rejection of the Bid as non-responsive.
Addenda will be posted on the City website, but it shall be the bidder’s responsibility to inquire for any addenda/updates to this Notice Inviting Bid prior to submitting their bid.
IV. PREPARATION OF THE BID
1. Examination of Site, Plans and Specifications
Prior to submitting a Bid, the Bidder shall examine the Work site, carefully read the Specifications, and satisfy itself that it has the abilities and resources to complete the Work. The Bidder agrees that if it is awarded the Contract, no claim will be made against the City based on ignorance or misunderstanding of the provisions of the Contract Documents, the nature and amount of the work, and the physical and climatic conditions of the work site.
The Contractor shall have included in the contract price a sufficient sum to cover all items, including labor, materials, tools, equipment and incidentals, that are implied or required for the complete removal and installation as contemplated by specifications, and other contract documents.
2. Estimated Quantities
The quantities shown in the Bid are approximate only. The Contractor will be paid for the actual quantities of work based on field measurements as provided for in these Specifications. The City reserves the right to increase or decrease the amount of any item or portion of work to be performed or materials furnished, or to delete any item, in accordance with the Specifications.
3. Bid Instructions and Submissions
The Bid shall be submitted on the Bid Proposal forms included with the Specifications. All Bid Documents must be completed, executed and submitted with the Bid by the Bidder.
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Required seven (7) Bid Proposal Documents:
1) Bidder’s Proposal
2) Contractor’s Affidavit
3) Bid Bond (10%)
4) List of Subcontractors
5) Construction Project References
6) Violations of Federal or State Law
7) Disqualification or Debarment
8) Fleet Compliance Certification
All prices submitted will be considered as including any and all sales or use taxes. The Bid Proposal must be completed in ink or in typewritten form.
The bid sum and all bid amounts on the form must be stated in words and numerals; in case of a conflict, words will take precedence.
In the case of discrepancy between unit bid price and total bid, the unit price shall prevail.
V. BID BOND
Each bid shall be accompanied by Bidder’s Security in an amount equal to ten (10) percent of the bid amount, which security shall be lawful money of the United States of America and in one of the following forms: (i) cashier’s check made payable to the City of Lomita, (ii) certified check made payable to the City of Lomita, or (iii) bid bond executed by an admitted surety insurer and made payable to the City of Lomita. City Bid Bond form must be used.
VI. NON-RESPONSIVE BIDS AND BID REJECTION
1. A Bid in which any of the required seven (7) Bid proposal documents are not completed, executed and submitted may be considered non-responsive and be rejected.
2. A Bid in which the Contract Unit Prices are unbalanced, which is incomplete, or which shows alteration of form or irregularities of any kind, or which contains any additions or conditional or alternate Bids that are not called for, may be considered non-responsive and be rejected.
VII. AWARD OF CONTRACT
In accordance with the Lomita Municipal Code, the City Council reserves the right to reject any and all bids received, to take all bids under advisement for a period not-to-exceed ninety (90) days after date of opening thereof, to waive any B-6
informality or irregularity in the Bid, and to be the sole judge of the merits of material included in the respective bids received.
VIII. EXECUTION OF CONTRACT
After the Contract is awarded, the awardee shall execute the following eight (8) documents:
1) Contract – Public Works Agreement
2) Construction or Service Contract Endorsement
3) Performance Bond (100% of Bid price)
4) Labor and Material Bond (100% of Bid price)
5) Workers’ Compensation Insurance Certificate
6) Verification of Insurance Coverage (Certificates and Endorsements) 7) Construction Permit Application Form
8) Business License Application Form
IX. APPRENTICESHIP EMPLOYMENT STANDARDS
The Contractor is directed to the provisions in Sections 1776, 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the contractor or any subcontractor under them.
X. PERMITS, LICENSES AND PUBLIC WORKS AGREEMENT
The Contractor shall procure and execute all permits, licenses, pay all charges and fees, and give all notices necessary and incidental to the completion of the Work. The Contractor shall execute a Public Works Agreement. A no fee Excavation Permit will be issued by the City of Lomita for this project. The Contractor shall obtain a City of Lomita Business License.
XI. INSURANCE
The Contractor shall maintain Automobile Liability, General Liability and Workers’ Compensation Insurance as specified in the Public Works Agreement included in these contract documents.
XII. PRE-BID INQUIRIES
A Bidder with a Pre-Bid Inquiry must e-mail their question(s) in writing on or before 1:00 PM on Thursday, October 30th, 2025 via email at [email protected]. Questions received after this date may not be considered.
XIII. LABOR CODE – SB 854
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The bidder shall be registered with the Department of Industrial Relations (DIR) in accordance with the provisions of Section 1771.1 of the California Labor Code, as amended by SB 854. No contractor or subcontractor may be awarded a contract for public works on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
XIV. PREVAILING WAGE
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD
XV. CONFORMANCE WITH CITY OF LOMITA NOISE ORDINANCE
The contractor shall abide by the noise regulations outlined in the City of Lomita Municipal Code (LMC). Section 4-4.04 of the LMC makes it unlawful to produce a noise within a residential area that exceeds 65 dBA in the daytime (7:00 AM to 9:00 PM) or 55 dB in the nighttime (9:00 PM – 7:00 AM).
XVI. NOTIFICATION OF RESIDENTS OF START OF WORK
At least 5 business days before the start of work, the Contractor shall post written notifications at the doors of all households and apartments affected by the construction activities. Contractor to facilitate access for residents at all times.
XVII. COMPLIANCE WITH LOBBYING CERTIFICATION
The Contractor along with all associated subcontractors shall comply with the Lobbying Certification attached in Appendix VI.
XX. DISADVANTAGED BUSINESS ENTERPRISES REQUIREMENTS
The Contractor along with all associated subcontractors shall comply with the Disadvantaged Business Enterprises Requirements attached in Appendix XIV.
XXI. CALIFORNIA AIR RESOURCES BOARD
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The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles) . Bidder must complete and submit the Fleet Compliance Certification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
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SECTION C
BID DOCUMENTS
(TO BE SUBMITTED WITH BID PACKAGE)
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BIDDER’S PROPOSAL
LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY
PLAYGROUND SURFACE REMOVAL AND REPLACEMENT PROJECT
Company: _____________________________________________________ Honorable Mayor and Members
of the Lomita City Council
Lomita, California
In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lomita for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule.
The undersigned hereby acknowledges that he/she has examined the copies of the plans, specifications and all Contract Documents for this project and is fully aware of scope of the work.
The undersigned also acknowledges that he/she has examined the project site and locality where the work is to be performed and the legal requirements and conditions affecting the cost, progress and performance of the work in strict accordance with the Contract Documents.
The undersigned also acknowledges that timely completion o f t h e p r o j e c t is important to the City. Therefore, time being of the essence, he/she proposes that the work will be commenced and will be completed within the time specified in the Notice Inviting Bids.
Specification or Items not indicated on Bid Form: The Contractor is to accommodate those portions of the work required by the specifications or contract documents, whose method of payment is not included in other bid items elsewhere.
In addition, bid items costs associated with bonds, insurance, traffic control, labor, equipment, materials, overhead, profits, any and all other indirect costs shall be considered full compensation for each bid item.
All work shall be completed within 100 working days from the date the notice to proceed is issued by the Engineer.
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PROJECT BID SCHEDULE
Item
No.
Approx.
Qty
Unit of
Measure
Item
Description
Unit
Price
Total
Bid
BASE BID
1 2 LS Mobilization/Demobilization at Lomita Park.
2 2
LS
Remove and dispose of existing Poured-inPlace (PIP) rubber surfaces at Lomita Park. 3 2 LS
Remove and dispose of existing Playground
Equipment at Lomita Park. (Benches to
remain)
4 2 LS
Furnish and Install Playground Equipment
at Lomita Park per City-approved plans.
5 2 LS
Place Poured-in-Place (PIP) rubberized
surfaces at Lomita Park.
TOTAL AMOUNT OF BASE BID (ITEMS 1 – 5)
(Figures)
(Words)
*BID MAY BE REJECTED IF TOTAL IS NOT SHOWN IN FIGURES AND WORDS.
The undersigned furthermore agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lomita. The above prices include all work appurtenant to the various items as outlined in the Specifications and all work or expenses required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon.
Contractor: ______________________________
Date: _______________________ By:
Contractor’s State License No.: ___________Class______ Exp. Date:
Contractor’s Address: _________________________________________________ Phone: _______________________
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CONTRACTOR'S AFFIDAVIT
STATE OF CALIFORNIA }
}
COUNTY OF _____________}
___________________________________________________, being first duly sworn, deposes and says:
1. That he is the ____________________________________________________ Title
of
(Name of Partnership, Corporation, or Sole Proprietorship) hereinafter called "Contractor," who has submitted to the City of Lomita a proposal for:
LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY
PLAYGROUND SURFACE REMOVAL AND REPLACEMENT PROJECT
2. That said proposal is genuine; that the same is not a sham; that all statement of facts therein are true;
3. That such proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Contractor did not, directly or indirectly, induce, solicit or agree with anyone else to submit a false or sham bid, to refrain from bidding, or to withdraw the bid, to raise or fix the bid price of the Contractor or anyone else, or to raise or fix any overhead, profit or cost element of the Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Lomita, or of any other bidder, or anyone else interested in the proposed contract;
5. That the Contractor has not in any manner sought by collusion to secure for itself an advantage over any other bidder or to induce action prejudicial to the interests of the City of Lomita, or of any other bidder or of anyone else interested in the proposed contract;
6. That the Contractor has not accepted any bid from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or materialman, which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository;
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7. That the Contractor did not, directly or indirectly, submit the Contractor's bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of Individuals, except to the City of Lomita, or to any person or persons who have a partnership or other financial interest with said Contractor in its business.
Dated this _________ day of __________________________, 2025 Subscribed and Sworn to ________________________
Contractor
________________________
Title
before me this _________ day of _____________________, 2025. _________________________________
Notary Public in and for said
County and State.
(Seal)
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BID BOND (10%)
KNOW ALL MEN BY THESE PRESENTS: That we,
_________________________________
as principal, and
as sureties, are held and firmly bound unto the City of Lomita, State of California, in the penal sum of ________________________ dollars ($______________), for the payment whereof we hereby bind ourselves, our successors, heirs, executors or administrators jointly and severally, firmly by these presents.
The condition of this obligation is such that, whereas the above bounded principal is about to file with and submit to the City of Lomita a bid or proposal for the performance of certain work as required in the City of Lomita, said work being: LOMITA PARK
PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY PLAYGROUND
SURFACE REMOVAL AND REPLACEMENT PROJECT in compliance with the Specifications therefor under an invitation of said City contained in a notice or advertisement for bids or proposals; now if the bid or proposal of the said principal shall be accepted and if the said work be thereupon awarded to the principal by said City and if the said principal shall enter into a contract with the said City in accordance with said bid or proposal, or if the bid or proposal of the said principal is rejected, then this bond shall be void and of no effect and otherwise in full force and effect.
WITNESS our hands this ______ day of _______________, 2025. ______________________________
Principal
______________________________
Surety/Attorney-in-Fact
______________________________
Signature
Name:
Local Address:
Phone No.:
Fax No.:
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LIST OF SUBCONTRACTORS
LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY
PLAYGROUND SURFACE REMOVAL AND REPLACEMENT PROJECT
The Bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Section 3-3 of the Standard Specifications.
Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ Name Under Which Subcontractor is Licensed:________________________________ License Number: ___________
Address of Office, Mill or Shop: ____________________________________________ Specific Description of Sub-Contract:________________________________________ C-8
Subcontractors listed in accordance with the provisions of Section 3-3 must be properly licensed under the laws of the State of California for the type of work which they are to perform. Do not list alternate subcontractors for the same work.
CONSTRUCTION PROJECT REFERENCE
(Work similar in magnitude and degree of difficulty completed by Contractor within the past five [5] years.)
1. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person: Email and Number.: _______________
Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
2. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person: Email and Number.:_______________
Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
3. Name (Firm/Agency): _____________________________________________ Address: ________________________________________________________ Contact Person: Email and Number: _______________
Title of Project: ___________________________________________________ Project Location: __________________________________________________ Date of Completion: Contract Amount: $ ____________
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VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS
1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes/No: ____________________Federal / State: ________________________ If “yes,” identify and describe, (including agency and status):
Have the penalties been paid? Yes/No:
2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws?
Yes/No: ______ Code/Laws: ____________ Section/Article: _______________ If “yes”, identify and describe, (including agency and status):
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DISQUALIFICATION OR DEBARMENT
Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? Yes/No: _______________. If yes, provide the following information (if more than once, use separate sheets):
Date: _______________ Entity:
Location:
Reason:
Provide Status and any Supplemental Statement:
Has your firm been reinstated by this entity? Yes/No:
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FLEET COMPLIANCE CERTIFICATION
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ D-1
SECTION D
CONTRACT DOCUMENTS
TO BE SUBMITTED
WITHIN TWENTY ONE (21) CALENDAR DAYS
AFTER AWARD OF CONTRACT
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CITY OF LOMITA
PUBLIC WORKS AGREEMENT
CITY OF LOMITA
PUBLIC WORKS AGREEMENT
This Public Works Agreement (“Agreement”) is made and entered into as of the date executed by the City Manager and attested to by the City Clerk, by and between (hereinafter referred to as "CONTRACTOR") and the City of Lomita, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for LOMITA PARK
PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY
PLAYGROUND SURFACE REMOVAL AND REPLACEMENT
PROJECT, bids were received, publicly opened, and declared on the date specified in the notice.
B. On [date], Lomita’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR.
C. The City Council has authorized the City Manager to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED
SAFETY PLAYGROUND SURFACE REMOVAL AND REPLACEMENT
PROJECT in the City of Lomita.
NOW, THEREFOR, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the LOMITA PARK
PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY PLAYGROUND
SURFACE REMOVAL AND REPLACEMENT PROJECT
2. in the City of Lomita. The work shall be performed in accordance with the Specifications dated October 2025 (the “Specifications” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer.
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3. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The contract documents for the aforesaid project, a complete set of which is on file with the Lomita City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
4. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
5. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 100 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1,000.00 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
6. PREVAILING WAGES: Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement D-4
any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprentice able trade on such contracts and if other contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
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CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to CITY, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Lomita and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of any Indemnitee. In connection therewith:
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a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
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CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
10. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
11. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
12. INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions.
12. ASSIGNMENT: This Agreement is not assignable nor the performance of neither party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is D-8
responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession.
CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Lomita business license.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for five years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
17. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements, or promise not contained in this Agreement shall not be valid or binding. Any modification of this Agreement will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
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20. NOTICES: All notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
21. DISPUTES. Disputes arising from this Agreement will be determined in accordance with the contract documents and Public Contracts Code §§ 10240- 10240.13.
22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation, national origin, age, disability, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY. This Agreement and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
24. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
25. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Agreement will be considered signed when the signature of a
CITY OF LOMITA, CA
24300 Narbonne Avenue, Lomita, CA 90717
Attention: Public Works Department
CONTRACTOR:
______________________
________________________________
Attention:
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party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by CITY. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
26. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
State of California
CONTRACTOR’S License No.
CONTRACTOR
By:
DATE
CONTRACTOR’S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time:
CITY OF LOMITA, CALIFORNIA
By:
DATE Andrew Vialpando, CITY MANAGER
ATTEST:
By:
DATE Kathleen Horn Gregory, CITY CLERK
APPROVED AS TO FORM:
By:
DATE Trevor Rusin, CITY ATTORNEY
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ATTACHMENTS
Exhibit A: Specifications
Exhibit B: Contractor’s Bid Proposal
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CITY OF LOMITA
CONSTRUCTION OR SERVICE CONTRACT ENDORSEMENT
To be attached to and made a part of all policies ensuring the liability of any person, form or corporation performing services under contract for the City of Lomita.
Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall:
1. Include the City of Lomita as an additional insured. (To include the elected officials, appointed officials, and employees.)
2. Indemnify and save harmless the City of Lomita against any and all claims resulting from the undertaking specified in the contract known as:
PROPOSAL, SPECIFICATIONS, BOND AND AFFIDAVIT
FOR
LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY
PLAYGROUND SURFACE REMOVAL AND REPLACEMENT PROJECT
This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly.
3. Not be cancelled except by notice to the City Attorney of the City of Lomita at least thirty (30) days prior to the date of cancellation.
4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $3,000,000 each Occurrence, and $5,000,000 Aggregate.
5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lomita as enumerated in this endorsement.
However, nothing herein contained shall affect any rights of the insurer against the insured.
6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract:
(a) That the CONTRACTOR specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprentice able craft or trade.
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(b) By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy.
______________________________
Duly Authorized Agent
Attached to and forming part of
Policy No.: _______________
of the: ___________________
Date: ____________________
Expiration Date: ___________
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, as Principal(s) and a
corporation, incorporated, organized, and existing under the laws of the State of _____________, and authorized to execute bonds and undertakings and to do a general surety business in the State of California, as Surety, are jointly and severally held and firmly bound unto the City of Lomita, a municipal corporation, located in the County of Los Angeles, State of California, in the full and just sum of:
______________________________________________________________ Dollars ($__________________), lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves and our respective heirs, executors, administrators, representative, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that: WHEREAS, said Principal(s) have/has entered into, or are/is about to enter into, a certain written contract or agreement, dated as of the ______ day of ____________, 20____, with the said City of Lomita for the LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY PLAYGROUND SURFACE REMOVAL AND REPLACEMENT PROJECT, all as is more specifically set forth in said contract or agreement, a full, true and correct copy of which is hereunto attached, and hereby referred to and by this reference incorporated herein and made a part hereof;
NOW, THEREFOR, if the said Principal(s) shall faithfully and well and truly do, perform and complete, or cause to be done, performed and complete, each and all of the covenants, terms, conditions, requirements, obligations, acts and things, to be met, done or performed by said Principal(s), including any guarantee period as set forth in, or required by, said contract or agreement, all at and within the time or times, and in the manner as therein specified and contemplated, then this bond and obligation shall be null and void; otherwise it shall be and remain in full force, virtue and effect.
The said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract or agreement, or of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said Surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract or agreement, and of any feature or item or items of performance required therein or thereunder.
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PERFORMANCE BOND (CONTINUED)
In the event any suit, action or proceedings is instituted to recover on this bond or obligation, said Surety will pay, and does hereby agree to pay, as attorney's fees for said City, such sum as the Court in any such suit, action or proceeding may adjudge reasonable.
EXECUTED, SEALED AND DATED this _________ day of _____________, 2025.
CORPORATE SEAL PRINCIPAL(S):
BY _____________________________
BY _____________________________
CORPORATE SEAL SURETY:
BY _____________________________
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LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, ________________________________________________ as Principal(s) and ____________________________________________ a corporation, incorporated, organized, and existing under the laws of the State of ______________, and authorized to execute bonds and undertakings and to do a general surety business in the State of California, as Surety, are jointly and severally held and firmly bound unto:
(a) The State of California for the use and benefit of the State Treasurer, as exofficio Treasurer and custodian of the Unemployment Fund of said State; and (b) The City of Lomita, California; and
(c) Any and all persons who do or perform or who did or performed work or labor upon or in connection with the work or improvement referred to in the contract or agreement hereinafter mentioned; and
(d) Any and all materialmen, persons, companies, firms, association, or corporations, supplying or furnishing any materials, provisions, provender, transportation, appliances or power, or other supplies used in, upon, for or about or in connection with the performance of the work or improvement contracted to be executed, done, made or performed under said contract or agreement; and (e) Any and all persons, companies, firms, associations, or corporations furnishing, renting, or hiring teams, equipment, implements or machinery for, in connection with, or contributing to, said work to be done or improvement to be made under said contract or agreement; and
(f) Any and all persons, companies, firms, associations, or corporations who supply both work and materials;
and whose claim has not been paid by said Principal(s), in full and just sum of ______________________________________________________________ Dollars ($___________________), lawful money of the United States of America, for the payment of which will and truly to be made, said Principal(s) and said Surety do hereby bind themselves and their respective heirs, executors, administrators, representatives, successors and assigns, jointly and severally, firmly by these presents.
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LABOR AND MATERIAL BOND (CONTINUED)
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT: WHEREAS, said Principal(s) have/has entered into or are/is about to enter into a certain written contract or agreement, dated as of the _______ day of __________________20 ___, with the City of Lomita for the LOMITA PARK PLAYGROUND EQUIPMENT AND
RUBBERIZED SAFETY PLAYGROUND SURFACE REMOVAL AND REPLACEMENT PROJECT, all as is more specifically set forth in said contract or agreement, a full, true and correct copy of which is hereunto attached, and hereby referred to and by this reference incorporated herein and made a part hereof;
NOW, THEREFOR, if the said Principal(s) (or any of his/her, its, or their subcontractors) under said contract or agreement fails or fail to pay:
(1) For any materials, provisions, provender, transportation, appliances, or power, or other supplies; or
(2) For the hire of any teams, equipment, implements, or machinery; or (3) For any work or labor; supplies, furnished, provided, used, done or performed in, upon, for or about or in connection with the said work or improvement; or (4) For amounts due under the Unemployment Insurance Act of the State of California with respect to such work or improvement;
the Surety on this bond will pay the same in an amount not exceeding the sum hereinabove specified in this bond; and, also, in case suit is brought upon this bond, said Surety will (and does hereby agree to) pay a reasonable attorney's fee, to be fixed and taxed as costs, and included in the judgment therein rendered.
This bond shall (and it is hereby made to) insure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond, all as contemplated under the provisions of Section 4205 of the Government Code, and of Chapter 1 of Title 4 of Part 3 of the Code of Civil Procedure, of the State of California.
This bond is executed and filed in connection with said contract or agreement hereunto attached to comply with each and all of the provisions of the laws of the State of California above mentioned or referred to, and of all amendments thereto, and the obligors so intend and do hereby bind themselves accordingly.
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LABOR AND MATERIAL BOND (CONTINUED)
The said Surety, for value received, hereby stipulates and agrees that no amendment, change, extension of time, alteration, or addition to said contract or agreement, or of any feature or item or items of performance required therein or thereunder, shall in any manner affect its obligations on or under this bond; and said Surety does hereby waive notice of any such amendment, change, extension of time, alteration, or addition to said contract or agreement, and of any feature or item or items of performance required therein or thereunder.
EXECUTED, SEALED AND DATED this ______ day of __________________, 2025.
CORPORATE SEAL PRINCIPAL:
BY ______________________________
CORPORATE SEAL SURETY:
BY ______________________________
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WORKERS' COMPENSATION INSURANCE CERTIFICATION
LOMITA PARK PLAYGROUND EQUIPMENT AND RUBBERIZED SAFETY
PLAYGROUND SURFACE REMOVAL AND REPLACEMENT PROJECT
In compliance with Section 5-4 of the Standard Specifications, the CONTRACTOR shall complete and submit the following certification with a Certificate of Insurance before execution of the contract.
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance before commencing any of the work.
DATED: _______________________
_____________________________
CONTRACTOR
By: _________________________
Signature
Title:_________________________
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SECTION E
SPECIAL PROVISIONS
The following Special Provisions supplement and amend the 2024 edition of the Standard Specifications for Public Works Construction (SSPWC “Greenbook”), and the Standard Specification of the State of California Department of Transportation (Caltrans), as noted herein.
These Special Provisions have been arranged in a format that parallels the SSPWC “Greenbook” Standard Specifications. The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 (General Provisions) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
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PART 1 - GENERAL PROVISIONS
SECTION 1 - GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS. Add or redefine the following:
AGENCY – The City of Lomita, herein referred to as City.
BOARD – The City Council of the City of Lomita, herein referred to as City Council.
ENGINEER –The Public Works Director of the City of Lomita, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
CLAIM -- A separate demand by the Contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the Agency.
1-7 AWARD AND EXECUTION OF THE CONTRACT.
1-7.1 General. Replace the entire sub-section with the following:
Within twenty-one (21) calendar days after the date of the City’s award of contract, the Contractor shall execute and return all Contract Documents required by the City. The City reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee.
Per Lomita Municipal Code the City of Lomita reserves the right to reject any and all proposals, to waive any informality or irregularity in such bids, and determine the lowest responsible bidder.
The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials.
1-7.2 Contract Bonds. Add the following to the Standard Specifications:
The "Performance Bond" shall remain in effect for one year following the date specified in the Notice of Completion or, if no Notice of Completion is recorded, for one year following the date of final acceptance of the project by the City Council.
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SECTION 2 - SCOPE OF THE WORK
2-1 WORK TO BE DONE. Add the following to the Standard Specifications:
The project includes:
Appendix I – Site Maps, Requested Equipment, and Sample Structures, consists of samples of playground equipment and site maps. This exhibit serves as a basis of design for this project and the samples were used with permission of Great Western Recreation and Miracle Playgrounds.
The Drawings show conditions as they are believed by the City to exist. The City does not warrant their completeness or accuracy, and it is the Contractor’s responsibility to ascertain the existence of any conditions affecting the cost of the Work.
Unless otherwise stated in writing, the phrase “or equal” shall be assumed after any and all brand and trade names listed in these Special Provisions.
Scope of Work. The work generally consists of removal and replacement of existing Playground Equipment and Rubberized Surface at Lomita Park located 24428 Eshelman Avenue Lomita, CA 90717. The Work to be done, in general, consists of furnishing all labor, material, tools, equipment, and incidentals to remove all existing Playground equipment and rubberized surface and install new Playground Equipment and Rubberized Safety Playground Surface. The Work shall consist of all activities associated with playground equipment removal and installation and will also consist of the removal, replacement and/or installation of new rubber safety playground surfacing, concrete walkway, concrete curb, including soil preparation for any new grass areas, if necessary. The rubberized safety playground surfacing shall be poured-in-place and comprised of a substrate cushion material of Styrene Butadiene Rubber (SBR) polyurethane binder with a surface wear course composed of new high quality Ethylene Propylene Diene Monomer (EPDM) rubber and aromatic polyurethane binder underlain by a minimum six-inch (6”) CMB subbase layer. The new rubber surfacing may consist of a 50/50 percent EPDM Colors (TBD prior installation) over the entire rubberized surface areas. No manufacturer brand is specified, ANY/ALL Materials and Equipment specified are subject to City Approval PRIOR to placement and/or installation.
The Work may also include any/all necessary traffic control; posting signs for “CAUTION: WORK AREA, CONSTRUCTION AREA, NO PARKING,” if necessary; protecting EXISTING Park features in place; and installing cautionary tape for construction areas.
Notice to Contractor for Rain or Inclement Weather. The Contractor shall not leave exposed soil, subgrade, or trenching unprotected when there is a forecasted chance of rain or inclement weather within 24 hours. Protective measures, such as covering with tarps, sheeting, or other suitable materials, shall be employed to prevent damage to the underlying structural section and subgrade. In the event of imminent weather, the E-4
Contractor must ensure that adequate drainage or stabilization methods are implemented to prevent erosion, or water accumulation during construction. 2-2 PERMITS. Replace the subsection with the following:
The Contractor shall obtain a City of Lomita Business License before commencing construction. Construction and no-fee permits may be issued by the City of Lomita prior to the start of any work.
2-3 CONTRACTOR’S EQUIPMENT
The Contractor shall submit a comprehensive Equipment List to the Engineer no later than 20 business days after the Notice to Proceed (NTP) and prior to the commencement of any construction activities. The Equipment List shall include the equipment that will be used during each individual phase of work. The Equipment List shall include, but is not limited to, the following information for each piece of equipment:
• Equipment type and description
• Manufacturer and model number
• Scheduled date of arrival on site
• Estimated duration of use on the project
The Contractor must ensure all equipment complies with project safety requirements. 2-4 HAUL ROUTES
Only designated truck routes shall be used for hauling and delivering equipment and materials away from or to the job site. Routes will need to be reviewed by City prior to hauling and/or delivering equipment and materials.
2-5 EXTRA WORK
Add the following to the Standard Specifications:
Payment for additional work and all expenditures in excess of the Contract Price must be authorized in writing by the City. Such authorization shall be obtained by the Contractor prior to engaging in additional work. It shall be the Contractor's sole responsibility to obtain written approval from the City for any change(s) in material or in the work proposed by suppliers or subcontractors. No payment shall be made to the Contractor for additional work which has not been approved in writing, and the Contractor hereby agrees that it shall have no right to additional compensation for any work not so authorized.
The Contractor shall be responsible to provide all data and to obtain all approvals required by the Specifications, including submittal of Daily Extra Work Reports.
Disputed work claims shall comply with 2-8 as modified herein.
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SECTION 3 – CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS
3-7.1 General. Add the following sentence to the first paragraph of the Standard Specifications to read as follows:
The Contractor shall maintain a set of Plans and Specifications on the Work site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show as-built conditions.
Upon completion of the Work, the Contractor shall submit the control set to the Engineer for approval. Final payment will not be made until this requirement is met.
Add the following subsections of the Standard Specifications:
3-7.1.2 Specifications. The Work shall be performed or executed in accordance with these Provisions and when applicable the following:
1) Standard Specifications for Public Works Construction, 2021 edition and supplements thereto, hereinafter referred to as the Greenbook, as written and promulgated by Public Works Standards, Inc. The Greenbook is published by BNi Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, Phone: (800) 873-6397.
3-7.2 Precedence of the Contract Documents. Replace the entire subsection of the Standard Specifications with the following:
If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as follows:
1) Change Orders (City approval required)
2) Special Provisions
3) General Provisions
4) Contractor Prepared Layout Plans (approved by City)
5) Other Plans
6) Greenbook
7) Reference Specifications
With reference to the Contractor Plans/Drawings, the order of precedence is as follows:
1) Change Order plans govern over Contractor Plan.
2) Addenda plans govern over Contractor Plans.
3) Contractor approved layout plans govern over manufacturer specifications.
4) Figures govern over scaled dimensions.
Within the Specifications, the order of precedence is as follows:
1) Change Orders
2) Special Provisions
3) Instruction to Bidders
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4) Referenced Plans
5) Referenced Specifications
If the Contractor, in the course of the Work, becomes aware of any claimed errors or omissions in the Contract Documents or in the City's fieldwork, the Contractor shall immediately inform the Engineer. The Engineer shall promptly review the matter, and if the Engineer finds an error or omission has been made, the Engineer shall determine the corrective actions and advise the Contractor accordingly. If the corrective work associated with an error or omission increases or decreases the amount of work called for in the Contract, the City shall issue an appropriate Change Order in accordance with subsection 2-8. After discovery of an error or omission by the Contractor, any related work performed by the Contractor shall be done at the Contractor's risk unless authorized by the Engineer.
3-8 SUBMITTALS.
Submittals are required for the following:
• Construction Schedule
• Equipment List as described in Section 2-5 of the General Provisions • Contractor’s proposed playground layout plan
All Contractor submittals shall be carefully reviewed against the contract documents by an authorized representative of the Contractor, prior to submittal to the City. Contractor to confirm by written communication the submitted product is correct for the project application and in conformance with the Contractor’s documents. The written communication must be dated and signed by both the Contractor and the product manufacturer or service provider. All product submittals without this written communication are subject to delay for installation and will be returned to the Contractor without approval by the City, and any delays caused thereby shall be the total responsibility of the Contractor.
The City’s review of Contractor submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details.
3-12 WORK SITE MAINTENANCE.
3-12.1 GENERAL. Add the following to the Standard Specifications:
3-12.1.1 Temporary Light, Power, and Water. The Contractor shall obtain a construction water meter from the City. An $800 deposit is required and refundable upon return of the meter in good working condition. The Contractor shall pay for the water used, at the City’s current water rates.
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3-12.1.2 Graffiti Removal. The Contractor shall maintain the Work, all of its equipment, and all traffic control devices, including signage, free of graffiti throughout the duration of the Contract. The Contractor shall respond to any request from the Engineer to remove graffiti within 4 hours of notification. Should the Contractor fail to respond to such request, the City reserves the right to make other arrangements for the requested graffiti removal and deduct the cost from any monies due the Contractor. 3-12.4 STORAGE OF EQUIPMENT AND MATERIALS.
3-12.4.2 STORAGE IN PUBLIC STREETS. Add the following to the Standard Specifications:
Contractor’s Storage Yard. The City of Lomita has certain sites within the city that may be available for use by the Contractor. The Contractor and the City will coordinate on the location and access during the pre-construction meeting. Contractor’s equipment will not be allowed to park overnight on any City street. *Storage location will be selected at the time of the Pre-Construction meeting.
The Contractor will sign a contract with the City or a private party(s) for the leasing of the storage location, and the Contractor shall pay the agreed-upon compensation per the contract.
3-13 COMPLETION, ACCEPTANCE AND WARRANTY. Add the following to the Standard Specifications:
It is the intent of the Specifications that only first-class materials and workmanship will be acceptable. The Contractor shall take all necessary measures to protect Work from damage and prevent accidents and vandalism during any and all phases of the work.
Until the final acceptance of the Work by the City, the Contractor shall have the charge and care thereof and will bear the risk of injury or damage to any part of the Work by the action of the elements, vandalism, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and will bear the expense thereof.
If, in the City’s judgment, the Work has been completed and is ready for acceptance, the City will determine the date when the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect the Work. The City may cause a Notice of Completion/NOC to be filed and recorded with the Los Angeles County Recorder’s Office. The City may certify acceptance to the City Council who may then cause a Notice of Completion to be filed and recorded with the Los Angeles County Recorder’s Office.
Add the following subsection of the Standard Specifications:
3-13.4 Manufacturer’s Warranties. Manufacturer's warranties shall not relieve the Contractor of liability under these Specifications. Such warranties only shall supplement the Contractor's responsibility.
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SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL- Add the following paragraph after the second paragraph of the Standard Specifications:
The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship.
The Contractor, at no cost to the City, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion.
Within this one-year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the City harmless from claims of any kind arising from damages due to said defects or noncompliance.
Security of this guarantee shall be in the form of a Maintenance Bond furnished to the City by the Contractor. There shall be specific wording in the Maintenance Bond that includes the guarantee or warranty of the labor and materials for a one-year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be 100 percent of the total amount earned to date as indicated on the final progress payment. The City reserves the right to withhold the retention until the Maintenance Bond has been accepted by the City.
The Contractor shall make all repairs, replacements, and restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice will cause the City to file claim against the bond.
Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the City, acts of vandals, or by acts of others outside or beyond the control of the Contractor.
If the work, or any portion thereof, shall be damaged in any way, or if any defective materials or faulty workmanship shall be discovered at any time prior to the final payment, the Contractor shall forthwith, at its own cost and expense, repair said damage, or replace such defective materials, or remedy such faulty workmanship in a manner satisfactory to the Engineer.
4-2 PROTECTION. Add the following to the Standard Specifications:
The Contractor shall assume all risks and expense of interference and delay in his operations, and the protection from or the repair of damage to improvements being built E-9
under the contract, as may be caused by water of whatever quantity from floods, storms, industrial waste, irrigation, underground or other sources. However, the Contractor shall be entitled to an extension of time in accordance with the provisions of Subsection 6-4. The Contractor shall also assume full responsibility and expense of protecting, or removing and returning to the site of Work, all equipment or materials under his care endangered by any action of the elements.
Furthermore, the Contractor shall indemnify and hold the City harmless from all claims or suits for damages arising from his operations in dewatering the Work and control of water.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-7 SAFETY. Add the following to the Standard Specifications:
5-7.2.4 PUBLIC SAFETY DURING NON-WORKING HOURS
Notwithstanding the Contractor's primary responsibility for safety on the job site when the Contractor is not present, the Engineer at Engineer's option after attempting to contact the Contractor may direct City Forces to perform any functions Engineer may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor will bear all expenses incurred by the City.
In all cases the judgment of the Engineer shall be final in determining whether or not an unsafe situation exists.
5-7.2.5 WRITTEN COMMUNICATIONS
Contractor’s written communications, including letters, field memoranda, requests for substitution (RFS) and requests for information (RFI) shall be written in a clear and concise manner. In particular, RFSs and RFIs shall clearly describe the condition or issue of concern, the cause of the condition or issue and the proposed solution or specific question being posed to the Engineer. Contractor shall not be entitled to any delays or additional compensation as a result of issues that in the Engineer’s opinion originated with, or were exacerbated by, poor written communications by the Contractor.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Replace the entire subsection of the Standard Specifications with the following:
6-1.1 General. Within ten (10) working days after the date of the City’s execution of the Contract, the Contractor shall submit a proposed construction schedule to the City for approval. The schedule shall be in accordance with the Specification and these Special Provisions.
Prior to issuing the Notice to Proceed, the City will schedule a Pre-Construction Meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination and clarify inspection procedures.
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Notifications are to be placed on each door and mailed to each address no sooner than two-(2) weeks prior to start of construction and before forty-eight-(48) hours prior to the commencement of work.
Notwithstanding any other provisions of the Contract, the Contractor shall not be obligated to perform any work and the City will not be obligated to accept or pay for any work performed by the Contractor prior to delivery of a Notice to Proceed. The City's knowledge of work being performed prior to delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The Contractor shall provide all required Contract bonds and evidence of insurance prior to commencing work.
Commencement of the Work. Construction schedules shall consider the following:
1- TRASH COLLECTION:
The Contractor shall coordinate with the trash collection agency (i.e., Athens Services). The Contractor shall facilitate access for the trash pickup. 2-WORK HOURS.
Work shall be performed between the hours of 7:00 A.M. and 4:00 P.M. unless otherwise approved by the Engineer. The Contractor will be allowed to work on Fridays when City Hall is scheduled to be closed. No work shall occur on Saturdays, Sundays or holidays. The following days are holidays: Veteran’s Day, November 11, 2025; Thanksgiving Day, November 28, 2025; Friday following Thanksgiving Day, November 29, 2025 as well as the week between Christmas and New Year’s Day, December 25, 2025 and January 1, 2026.
Add the following Sections to the Standard Specifications:
6-1.3 Compensation. Compensation for all scheduling activities will be made on the lump sum basis per the Contract Unit Price for “MOBILIZATON AND DEMOBILIZATION,” in the Bidder’s Proposal.
6-10 SEQUENCE OF CONSTRUCTION
6-10.1 Multiple Headings. In order to meet the contract schedule, the Contractor will be allowed to initiate and maintain two or more construction headings. However, the Contractor will not be allowed to have multiple phases of work occurring that have the corresponding traffic control devices in conflict with each other.
SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT
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7-3.1 General
Revise paragraph one to read: The unit and lump sum bid prices for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal:
Bid Item No. 1 - Mobilization and Demobilization: Work under this item shall be considered full compensation but not be limited to include the cost to secure bonds and insurance, movement of personnel, equipment, materials and incidentals to and from the project sites, securing a temporary construction yard, maintaining the project in a safe, clean and orderly manner during construction and final cleanup of the work and staging sites, furnishing and providing all labor, materials, equipment, and preparatory work that must be performed, or costs incurred before starting work and after completing the work on the various items on the job site, including all costs for obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies, Caltrans, and the CITY; and complying with the requirements specified in those licenses and permits; coordination, field office facility, all required submittals specified within these Specifications, and incidentals necessary to perform all related items of work. The City of Lomita may waive any City Permit fees; however, permit fees of all other agencies (Caltrans, etc.) shall be the sole responsibility of the Contractor. The Contractor shall comply with the requirements specified by each license or permit.
Progress payments for Mobilization and Demobilization bid item shall be paid for in accordance with the completion percentage of the Project to the Contractor and shall include the cost of such mobilization/demobilization and administration during the entire Contract period. No additional compensation will be allowed.
Mobilization shall include compliance with water and air quality laws; maintaining dust control at all times; furnishing all water required for the construction work; protection of utilities, survey monuments, trees, fences, walls, landscaping and other facilities.
Work under this item shall include all related Demobilization costs, including the removal of any remaining Underground Service Alert (USA) utility markings or other construction paint markings, by means of wet sand blasting or other pre-approved method on the sidewalk, curb/gutter and pavement.
Mobilization shall include all work shown on the plans, which is not compensated in a bid item of work. This work shall include but not be limited to protect-in-place and/or relocation of the facility to accommodate the construction of an improvement, restoration and adjustment of existing improvements, and establishing the location and depth of any underground utility conduits, by potholing as necessary, where significant excavation may occur. Underground facilities on these plans are for reference only. It is E-12
the Contractor’s responsibility to determine the exact location of potentially conflicting conduit.
The Contractor shall confine his operations and work area to the street right-of-way and is responsible for securing an adequate storage site for equipment and materials. No encroachment into private property will be permitted without prior written consent of the property owner and City. Obtaining this consent will be the responsibility and at the cost of the Contractor. The Contractor shall provide supervisory personnel to keep the construction site in a safe condition at all times.
The Contractor shall maintain the streets and adjacent streets open for ingress and egress and for parking. Approval of the staging and work plan shall be at the discretion of the City.
The Contractor shall obtain bonds, insurance, and financing for entire project prior to beginning work.
The Contractor shall provide supervisory personnel to maintain the construction site in a safe condition and all other related work as required at all times. These requirements shall also apply to all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.
Included in this item are up to date as-built drawings to be submitted to the Engineer by the Contractor for review prior to request of payment.
Payment: “Mobilization and Demobilization” shall be made at the lump sum price indicated in the Bid Sheets and progress payments shall be made upon the judgment of the Engineer as to the percent complete.
Public Safety:
Pedestrian and bicycle traffic must be provided for and maintained in a safe manner throughout the construction period. Pedestrian and emergency vehicular access shall be maintained to all residences, businesses and manufacturing establishments within the construction area.
Signs, lights, flags, flag persons, and other warning and safety devices shall conform to the requirements set forth in the current editions of the WATCH Manual and California MUTCD. If attention is directed to the existence of a hazard and Contractor fails to provide remediation, or, such devices as may be needed, said devices may be placed by the City.
The cost of said placement by the City, as for all TRAFFIC CONTROL, shall be the sole responsibility of the Contractor; said costs, if any, shall be deducted from the progress payment and from the total contract price for the work.
The Contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. Vehicular access to property line shall be maintained, except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the Engineer.
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The Contractor needs to minimize disruptions to the residents and businesses and must facilitate access for residents at all times.
Detouring is discouraged but will be considered for usage by the City. If approved, any detouring shall be accomplished by use of traffic signs, barricades, flag persons, etc. conforming to the requirements of the WATCH or California MUTCD, and the CITY.
The Contractor shall cover trenches with recessed steel plates at the end of each work day. The recessed steel plates must be pinned with steel pins through the plate into the road and asphalt wedges around the edges of the steel plates to help create a smooth transition from the existing pavement around the wedges of the plate, to the top of the plate. Plates shall be H25 loading rate.
Payment: “Traffic Control” shall be made at the lump sum price indicated in the Bid Sheet. The contract lump sum price for “Traffic Control” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the traffic control related work involving placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of traffic control system as specified in the State Standard Specifications, SSPWC, and these Special Provisions, and as directed by the Engineer. The lump sum price shall also include recessed steel plates and temporary asphalt concrete including installation and removal, all associated temporary signing and striping, flashing arrow signs, and all other necessary devices. 7-4.3.1 Work by Contractor. If applicable, the following percentages shall be added to the Contractor’s costs for extra work and shall constitute the mark-up for all overhead and profit, which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Subsections 7-4.2.1, 7-4.2.2, and 7-4.2.3.
Labor 20
Materials 15
Equipment Rental 15
Other Expenditures 15
To the sum of the costs and markups provided for in this subsection, one (1) percent shall be added as compensation for bonding.
7-4.3.2 Work by Subcontractor. When applicable, if any part of the extra work is performed by a subcontractor, the markup established in 7-4.2.1 shall be applied to the subcontractor’s actual cost of such extra work. A markup of ten (10) percent on the first $5,000 of the subcontracted portion of the extra work and a mark-up of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
The markups specified in parts (a) and (b) above shall be considered as including, but not limited to, the Contractor’s labor costs for personnel not working directly on the extra work, including the cost of any tools and equipment that they may use. Such costs shall not be reported as labor or equipment costs elsewhere except when they are actually used in the performance of the extra work. Labor costs shall in that case be reported for the labor classification corresponding to the type and nature of extra work performed.
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PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION
400-1 GENERAL.
Add the following paragraphs to the Standard Specifications:
The Contractor shall be responsible to protect all new concrete work from being etched, scratched or otherwise marked or having wet slough material deposited thereon. If new concrete work is marked, the Contractor shall replace it at its expense in accordance with 303-5.7 of these special provisions.
The Contractor shall perform all private lawn, hardscape, and parkway restorations, (not included in the project plans) including restoration of irrigation systems and existing curb drains within five (5) days after the adjacent improvements have been constructed at his own expense.
SECTION 401 – REMOVAL
401-1 General. Replace the entire subsection of the Standard Specifications with the following:
Unless otherwise stated, all material removed from the Work shall become the property of the Contractor and shall be disposed of in a lawful manner. Removals shall include, but not limited to, all excess excavation material, trees and plants, debris, interfering portions of curb, gutters, asphalt and PCC concrete pavements and sidewalks (including base, where applicable), and miscellaneous items as shown on the Plans.
The Contractor shall conform to the following requirements:
1) The Contractor shall not start any removal work unless it is prepared to perform reconstruction work within 24 hours of the time removals were begun, unless otherwise approved by the City.
2) When applicable, the Contractor shall complete forming and pouring of PCC construction within five (5) working days following the removal of existing material at any location.
All concrete removed shall be hauled off the Work site no later than the calendar day following the day that the removal is performed.
Add the following to the Standard Specifications:
401-1.1 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING.
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GENERAL. Consistent with the City’s efforts to comply with the California Integrated Waste Management Act of 1989 (AB 939), the Contractor shall reduce, reuse, and/or recycle to the maximum extent feasible, the construction and demolition debris (debris) generated by this Contract hereby diverting the debris from disposal facilities, saving landfill space, and conserving virgin materials and natural resources.
RECYCLING SUMMARY. The Contractor shall file with the City Engineer, prior to the acceptance of the work, a Recycled Materials Certificate using the Recycling Summary form on Appendix I. The Recycled Materials Certificate shall list all recycled materials used in connection with work or delivered off-site for recycling. Certificate shall include for each recycled material type: a) Material description, b) Material quantity, c) Method of measurement, d) Material origination location, e) Material deposition location.
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SECTION 402 – UTILITIES
402-1 LOCATION. Add the following to the Standard Specifications:
The Contractor shall provide coordination with all the utility companies involved and shall provide protection from damage to their facilities. The Contractor shall be responsible for repair or replacement to said facilities made necessary by its failure to provide required protection. The Contractor is required to include utility requirements in the Construction Schedule per Section 6-1.
The Contractor shall be solely responsible to check all utility record maps, books, and/or other data in the possession of the CITY, other agencies, and/or all utility companies, and no allowance shall be made for any failure to have done so.
The Contractor shall utilize the services of "Underground Service Alert-Southern California" for utility locating in all public rights-of-way by calling 1-800-227-2600 at least 48 hours prior to any excavation.
Underground lines that are potentially hazardous such as oil company lines, natural gas mains, and electrical conduits will be carefully located by the owner as provided in the Standard Specifications. The Contractor shall take special precautions in determining the precise location and depth of these structures to ensure that they will not be damaged by its operations.
[Substitute the following for the last paragraph:]
Prior to starting construction, the Contractor shall be responsible to determine the location and depth of all utilities which have been marked by the respective owners and which may affect or be affected by its operations. The Contractor also shall determine the location and depth of each service connection, whether or not marked. Full compensation for such work shall be considered as included in the prices bid for other items or work. If a utility which was marked or a service connection is found to interfere with the work after construction has commenced, the Contractor shall be solely responsible for all costs of any delay and for any costs which could have been avoided if the Contractor had located the utility prior to start of construction.
The Contractor shall coordinate with Southern California Edison (SCE) for all work involving adjusting electrical utility manhole/vaults to grade. The Contractor shall be responsible for the costs of any permits as needed.
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PART 6 – TEMPORARY ACCESS CONTROL
600 – ACCESS
Add the following paragraphs to 600-1 GENERAL.
600 GENERAL.
The Contractor shall notify the Public Works Department at (310) 325-7110, at least ten (10) working days in advance of closing or partially closing any portion of the Park and comply with their requirements. In addition, the Contractor shall notify the Los Angeles County Sheriff’s Department, (310) 539 -1661 and Los Angeles County Fire Department at (310) 326-2461 at least two (2) working days in advance of such closing.
Deviations from the requirements stipulated in the Special Provisions may be permitted upon written approval of the Public Works Director when such deviations are in the best interest of the City.
APPENDIX I
SITE MAPS, REQUESTED EQUIPMENT,
AND SAMPLE STRUCTURES
SITE MAPS, REQUESTED EQUIPMENT, AND SAMPLE STRUCTURES
Lomita Park Playground Equipment and Rubberized Safety Playground Surface Removal and Replacement Project
Site Address: 24428 Eshelman Avenue, Lomita, CA 90717
AIN: 7372-021-902
FUTURE LOCATION OF 5-12 STRUCTURE FUTURE LOCATION OF 2-5 STRUCTURE
ALL EXISTING RUBBERIZED SAFETY PLAYGROUND SURFACING TO BE REPLACED Lomita Park Playground Items and Quantities Requested:
X Quantity Item Notes
1 Ages 2-5 Structure and Signs
(Corrosion Resistant)
Min. 3 Distinct Platform Elevations
Min. 1 Spiral Slide
Min. 1 Double Slide
Min. 4 Elevated Activity Panels
Min. 3 Climbers
Min. 1 Bridge
Min. 4 Ground Level Activity
Panels/Counters
1 Ages 5-12 Structure and Signs
(Corrosion Resistant)
Min. 3 Distinct Platform Elevations
Min. 1 Spiral Slide
Min. 2 Additional Slides
Min. 4 Elevated Activity Panels
Min. 3 Climbers
Min. 1 Bridge
Min. 4 Ground Level Activity
Panels/Counters
1 Ages 2-5 Swing Set (Corrosion
Resistant)
Min. 2 swings/1 bay
1 Ages 5-12 Swing Set (Corrosion
Resistant)
Min. 2 swings/1 bay
1 Shade Canopies for bench area Min. 4 Shade Canopies, if individual standalone structures
1 Spinning Feature (Corrosion
Resistant)
Min. 1 Standalone Spinning
Feature
1 Playhouse Feature (Corrosion
Resistant)
Min. 1 Playhouse Feature
1 Pour-In-Place Rubberized Surface
with at least two colors and abstract
wave pattern
Meet all CPSC, ADA, ASTM
Standards
Approximately 7,177 SF
*Welcome Sign and Safety Compliant Signs that meet all relevant CPSC, ADA, and ASTM Standards
Sample Structures and Equipment
Sample Ages 2-5 Structures*
*Sample structures pictured may not meet all minimum requirements stated on the previous page, bid submittals should be prepared using structures which meet or can be modified to meet the minimum requirements stated previously. All images are sourced from Great Western Recreation and Miracle Playgrounds with permission.
Image Credit: Great Western Recreation
Image Credit: Miracle Playgrounds
Sample Ages 2-5 Structures*
*Sample structures pictured may not meet all minimum requirements stated on the previous page, bid submittals should be prepared using structures which meet or can be modified to meet the minimum requirements stated previously. All images are sourced from Great Western Recreation and Miracle Playgrounds with permission.
Image Credit: Miracle Playgrounds
Sample Ages 5-12 Structures*
Image Credit: Great Western Recreation
Sample Ages 5-12 Structures*
*Sample structures pictured may not meet all minimum requirements stated on the previous page, bid submittals should be prepared using structures which meet or can be modified to meet the minimum requirements stated previously. All images are sourced from Great Western Recreation and Miracle Playgrounds with permission.
Image Credit: Miracle Playgrounds
APPENDIX II
CONSTRUCTION AND DEMOLITION
DEBRIS RECYCLING SUMMARY
CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING SUMMARY
Project Type:
Project Name: _________________________________________________ Date: ______________________ City Contract No. ___________________________________________________________________________ Project Location: ___________________________________________________________________________ Thomas Guide Page/Grid No(s): ______________________________________________________________ Contractor Name: __________________________________________________________________________ Contractor Address: ________________________________________________________________________ Contractor License #: _______________________________________________________________________ Project Duration: From: _____________________________ To: _______________________________ Demolition and Recycling Cost: $_______________________________________________________ Type(s) of Debris
Generated
Total
Quantity
Generated
(tons, c.y.
or units)
Reuse / Recycling Disposal
Total
Quantity
(tons, c.y.
or units)
Name of
Reuse/Recycling
Facility/Site
Total
Quantity
(tons, c.y.
or units)
Name of
Disposal Facility
Asphalt
Brick
Concrete
Green Waste
Metal (ferrous)
Metal (non-ferrous)
Mixed Debris
Rock
Soil Wood Waste
Other:
Total
Notes:
• Other debris types may include, but are not limited to: Ash, Cardboard, Carpeting, Glass Gravel, Land Clearing Debris, Non-friable Asbestos, Paper, Plastic, Porcelain, Roofing Material, Sand and Tires. Attach additional sheets if necessary. • If the debris is taken to a transfer station solely for the purpose of reuse/recycling, then list the transfer station as the reuse/recycling facility/site.
• If the debris is taken to a transfer station solely for the purpose of transfer to a disposal facility, then list the transfer station as the disposal facility.
Prepared by ________________________________ Signature ___________________________________ Phone #: ____________ Roadway and/or Bridge/Structure Water/Sewer
Traffic Signal/Street Lighting Other _______________________
APPENDIX III
CITY OF LOMITA QUALITY ASSURANCE
PROGRAM (QAP)
QUALITY ASSURANCE PROGRAM (QAP)
City of Lomita
The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used:
1. DEFINITION OF TERMS
• Acceptance Testing (AT) – Sampling and testing, or inspection, to determine the degree of compliance with contract requirements.
• Independent Assurance Program (IAP) – Verification that AT is being performed correctly by qualified testers and laboratories.
• Quality Assurance Program (QAP) – A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP. • Source Inspection – AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location.
2. VARIATIONS FOR PROJECTS ON OR OFF THE SHS
This project is not subject to additional requirements for projects that are located on the State Highway System (SHS).
3. MATERIALS ACCEPTANCE PROGRAM
This materials acceptance program addresses soils and aggregates and manufactured and fabricated materials.
3.1 Acceptance of Unprocessed and Processed Soils and Aggregates The acceptance of processed and unprocessed soils and aggregates includes verification sampling, testing, and inspection, and, in special cases, may include the results of quality control sampling and testing. Generally, the contract will specify what criteria the material must meet, and what test method will be used to determine if the material met or failed the criteria; the QAP may specify the minimum number of samples to be taken and tests to be performed to ensure the material has met the criteria, and where the material will be sampled. Contract documents may specify the frequency and location of the sampling and testing, thus overriding the QAP.
3.2 Responsibilities of the Project Manager (PM)
The PM will ensure if/when materials testing is appropriate and required and that correct criteria are used to determine if the material passed or failed. Should passing criteria not be found in the contract specifications, the PM may allow the contractor to submit industry documentation which may be useful in establishing the criteria.
The PM will help to ensure the correct test method is used as agreed upon and verification and quality control testing protocol have been followed in accordance with a recognized testing standard.
4. ACCEPTANCE OF MANUFACTURED OR FABRICATED MATERIALS
The acceptance of manufactured and fabricated materials is most frequently based on one of the following three-(3) methods:
4.1 Source Inspection
Source inspection is performed by the Local Agency, in this case the City of Lomita, or a qualified consultant hired on behalf of the local agency. Caltrans no longer provides source inspection services for projects off the SHS. Caltrans may provide source inspection for projects on the SHS if terms are detailed in a cooperative agreement or encroachment permit. Coordination shall be made with Caltrans Materials Engineering and Testing Services (METS).
4.2 Certificate of Compliance
The project specifications may permit the use of certain manufactured products, materials, or assemblies accompanied by a Certificate of Compliance (COC) prior to sampling and testing, provided these products, materials, or assemblies do not involve structural integrity or safety to the public. Additionally, these items must have a history of having met specifications based upon previous sampling and testing. The manufacturer of the products, materials, or assemblies must sign the COC and state that the included materials and workmanship conform in all respects to the Project specifications, if any.
The COC information should include:
- CIP Project number
- Manufacturer Part Name and Number
- Manufacturer’s Signature
- A statement that the material complies with the Project specifications of the contract.
All materials accepted on the basis of a signed COC must be documented in the PM’s daily reports. Inspection of the product or material to ensure it is undamaged by shipping and handling before installation. Manufactured products, materials, or assemblies used as a result of a COC may be tested during the life of the Project. Items found not to be in conformance with Project requirements may be rejected whether in place or not by the PM.
4.3 Materials Requiring Buy America Certification
Iron and steel, manufactured products, and construction materials incorporated into the Project may be subject to compliance with Buy America requirements per 23 CFR 635.410 and Section 70914 of the Build America, Buy America (BABA) Act. In addition to the COC requirements mentioned earlier in this section, a Buy America COC may have to include that all manufacturing processes for construction materials as defined in 2 CFR 184.6 must have occur in the United States. Contractors may need to provide COC with each project delivery for all construction materials used for the projects. Manufacturer's COC may have to identify where the construction material was manufactured and attest specifically to 2 CFR 184.6.
The Buy America requirements may apply to the entire construction contract if any federal-aid money has been authorized for any phase of the project, not just the construction phase. This policy is applicable to all phases of a project (such as design, environmental, right-of-way, or construction) covered under the National Environmental Policy Act (NEPA) document, regardless of the funding sources. Therefore, the project documents cannot circumvent the Buy America requirement by declaring the material is being paid for with the non-federal portion of the funding.
NOTE: Buy America does not apply to temporary materials not permanently incorporated into the project such as temporary steel used in falsework, sheet piling, or shoring. Buy America requirement does not apply to recycled steel nor pig iron and processed, pelletized, and reduced iron ore manufactured outside the United States.
5.PROJECT CERTIFICATION
All materials incorporated into the work which did not conform to specifications must be inventoried and listed on a “Materials Certification” manifest.
6. MATERIALS LABORATORY
The PM will certify the results of any/all tests performed by laboratory personnel under the PM’s oversight.
The materials laboratory will contain certified test equipment capable of performing the tests conforming to the provisions of this QAP.
The materials laboratory used shall provide documentation that the laboratory complies with the following procedures:
6.1 Certification of Personnel
The materials laboratory personnel may be certified by one or more of the following:
• Nationally recognized organizations such as the American Concrete Institute, Asphalt, National Institute of Certification of Engineering Technologies, etc. • Other recognized organizations approved by the State of California and/or recognized by local governments or private associations.
6.2 Laboratory and Testing Equipment
The materials laboratory will only use laboratory and testing equipment that is in good working order. All such equipment will have been calibrated at least once during the current calendar year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology (NIST).
7. PROJECT RECORDS
All material records of samples and tests, material releases and COC’s for the Project shall be incorporated into the PM’s project file.