Plans and Specifications (Hyperlink) — Manhattan Beach City Council, March 17, 2026

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CDBG CYCLE 4 CURB RAMP PROJECT

PLANS FOR

CITY OF MANHATTAN BEACH

ABBREVIATIONS

LOCATION MAP

PROJECT SITESVICINITY MAP
PROJECT UTILITY CONTACTSCITY OF MANHATTAN BEACH (FRONT DESK - 24/7)..................................….........................(310) 802-5140CITY OF MANHATTAN BEACH (POLICE DEPARTMENT)….........................….………………………..(310) 802-5100CITY OF MANHATTAN BEACH (FIRE DEPARTMENT)…………………………….……….………………..….(310) 802-5203COUNTY SANITATION DISTRICT (COMPTON).………………………….…………………………………….....(310) 638-1161AT&T (DISTRIBUTION)……………………………………..…………………..………………..............................(510) 645-2929AT&T (TRANSMISSION)……………………………………..…………………..………………............................(866) 460-6324WEST BASIN MUNICIPAL WATER DISTRICT - FRANK FUCHS..................................................(310) 220-5475WEST BASIN MUNICIPAL WATER DISTRICT - INFRAMARK, LLC(RECYCLED WATER PIPELINE MAINTENANCE).......................................................................(310) 217-2417LA COUNTY PUBLIC WORKS (FLOOD MAINTENANCE)...........................................................(562) 305-7258CROWN CASTLE (NEXTGLAVEN)….....................……………………………………………………………….. (800) 654-3110SHELL OIL..........................................………………………….……………………………………………………..(310) 816-2024ZENITH ENERGY - STEVEN FRANKS........................................................................................(562) 216-0675SOUTHERN CALIFORNIA GAS COMPANY (DISTRIBUTION)........………………………………………….(800) 427-8894SOUTHERN CALIFORNIA GAS COMPANY (TRANSMISSION)......………………………………………….(562) 806-4843SOUTHERN CALIFORNIA EDISON - AUSTIN STEPHENS……………………………………………………….(714) 737-7296SPECTRUM (TIME WARNER CABLE)..................................……………………..………………………..…(844) 780-6054T-MOBILE - WALTER CALLEJAS....……………….……………………………………………………………………..(818) 840-0808FRONTIER COMMUNICATION (PREVIOUSLY VERIZON).....................……………………………….…(866) 788-0166 MANHATTAN BEACH, CALIFORNIA 902663621 BELL AVENUEPUBLIC WORKS DEPARTMENT PROFESSIONAL ENGINEER'S NOTE:

STANDARD PLANS:
1/7/2026
ACTING PW DIRECTOR FOR:
01/12/2026
01/12/2026
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GENERAL NOTES: (MUST USE ALL NOTES ON THIS SHEET FOR ALL PLANS) PRIVATE ENGINEERS NOTICE TO CONTRACTOR:“” “”
NPDES NOTES:

AMERICANS WITH DISABILITIES NOTES
UTILITY NOTES:
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WATER NOTES: (MUST USE ALL NOTES ON THIS SHEET FOR ALL PLANS) “”
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SEWER NOTES:

ROADWAY RECONSTRUCTION GENERAL NOTES:“”“ ”
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GENERAL SIGNAGE AND STRIPING NOTES:

TRAFFIC CONTROL REQUIREMENTS:
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GRADING GENERAL NOTES:
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SIGNING AND STRIPING NOTES
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CITY OF MANHATTAN BEACH

BID DOCUMENTS
PROJECT NO. P-928
BID NO. E1307-26C

CDBG PROJECT 602745-24 CYCLE 4 ADA CURB

RAMP PROJECT
JANUARY 2026

CITY OF MANHATTAN BEACH

PUBLIC WORKS DEPARTMENT

MARZENA LASKOWSKA
1400 HIGHLAND AVENUE
MANHATTAN BEACH, CA 90266

Gilbert Gamboa, City Engineer
C61700

Michael Todd Broussard, Engineer of
Record C57144

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NOTICE INVITING BIDS ............................................................................... ........................ NIB-1 INSTRUCTIONS TO BIDDERS ............................................................................. ...................... I-1 CHECKLIST FOR BIDDERS ............................................................................... ........................ I-6 BID ............................................... ................................................... ........................................... B-1 CONTRACT ............................................................................................. ................................... C-1 PAYMENT BOND (LABOR AND MATERIALS) ................................................................... ........ C-5 PERFORMANCE BOND .................................................................................... ........................ C-7 WARRANTY BOND ........................................................................................ ............................ C-9 PART 1 – GENERAL PROVISIONS ......................................................................... ................. 1-1 SECTION 0. GENERAL PROVISIONS DEFINED .......................................................... 1-1 SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ................................................................................. .......... 1-1 SECTION 2. SCOPE OF THE WORK ....................................................................... .... 1-5 SECTION 3. CONTROL OF THE WORK ..................................................................... 1-22 SECTION 4. CONTROL OF MATERIALS .................................................................... 1-28 SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES ....................................... 1-30 SECTION 6. PROSECUTION AND PROGRESS OF THE WORK ............................... 1-38 SECTION 7. MEASUREMENT AND PAYMENT ........................................................... 1-42 SECTION 8. FACILITIES FOR AGENCY PERSONNEL .............................................. 1-51 SECTION 9. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN .... 1-52 SECTION 10. ADDITIONAL TERMS ........................................................................ .... 1-58 PART I - SPECIAL INSTRUCTIONS ....................................................................... .................. SI-1 PART II – STANDARD AND SPECIAL TECHNICAL PROVISIONS .................................... SSTP-1 PART 2 - CONSTRUCTION MATERIALS ..................................................................... ... SSTP 2-1 PART 3 - CONSTRUCTION METHODS ....................................................................... ... SSTP 3-1 PART 4 - EXISTING IMPROVEMENT ........................................................................ ....... SSTP 4-1 PART 5 - PIPELINE SYSTEM REHABILITATION ............................................................. SSTP 5-1 12100-0001\2654178v1.doc
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PART 6 - TEMPORARY TRAFFIC CONTROL .................................................................. SSTP 6-1 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM ..................................... SSTP 7-1 PART 8 - LANDSCAPE AND IRRIGATION ................................................................... ... SSTP 8-1 PART 9 – SPECIAL TECHNICAL PROVISIONS ............................................................... SSTP-9-1 APPENDIX I PROGRESS PAYMENT REQUEST FORM ........................................ APPENDIX I-1 APPENDIX II DAILY REPORT ............................................................................ .... APPENDIX II-1 APPENDIX III APPLICABLE CITY STANDARD PLANS ........................................ APPENDIX III-1 APPENDIX IV MONUMENT INVENTORY LIST……………………………….………APPENDIX IV-1

APPENDIX V SAMPLE CONSTRUCTION NOTICE TO RESIDENTS………..……..APPENDIX V-1

APPENDIX VI CONSTRUCTION PLANS…………………………………..…………..APPENDIX VI-1

APPENDIX VII SAMPLE CITY RIGHT-OF-WAY PERMIT STANDARDS...……..…APPENDIX VII-1

APPENDIX VIII REQUIREMENTS FOR CDBG BLOCK GRANT PROJECTS.…...APPENDIX VIII-1

APPENDIX IV LOS ANGELES COUNTY DEVELOPMENT AUTHORITY INSURRANCE REQUIREMENTS EXHIBIT B…………………………………………………………….APPENDIX IV-1

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NOTICE INVITING BIDS
FOR

CDBG PROJECT 602745-24 - CYCLE 4 ADA CURB RAMP PROJECT

Project number: P-928 Bid Number: E1307-26C

NOTICE IS HEREBY GIVEN that the City of Manhattan Beach, California(“City”) invites electronic submission of bids for this Project. The City will receive ELECTRONIC BIDS ONLY through OpenGov at
https://procurement.opengov.com/portal/citymb up to 10:00a.m on February 19, 2026, at which time the ELECTRONIC bids will be opened and results posted on OpenGov.com(online bid portal). The deadline to sub mit questions related to the Project bid documents is February 9, 2026 , at 10:00a.m.

Additional links to OpenGov can be obtained from th e City of Manhattan Beach’s web site at:
https://www.manhattanbeach.gov/departments/finance/purchasing/bid-opportunities .Contractors may obtain an account and register for Opengov.com at eProcurement Portal on OpenGov.

Contract Documents in PDF format (including City Special Provisions and Project Plans, but not including Standard Plans, Standard Specifications, or Reference Specifications) may be obtained from Opengov.com, https://procurement.opengov.com/portal/citymb/

Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service.

Bidders experiencing any technical difficulties wit h the bid submission process may contact Opengov.com support from the Contact Menu. Neither the City, nor the online bid portal, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

BIDDING PROCESS. The City reserves the right to reject any Bid or a ll Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest. Bids shall remain valid and shall not be subject to withdrawal for 90 calendar days after the Bid opening date.

LICENSES. Each Bidder shall possess a valid Class A Contractor’s license issued by the California State Contractors License Board at the t ime of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award.

OPTIONAL PRE-BID MEETING . An optional pre-bid meeting will be held virtually on February 4, 2026 , at 10:00a.m. at the following Teams link:
https://teams.microsoft.com/dl/launcher/launcher.html?url=%2F_%23%2Fl%2Fmeetup- join%2F19%3Ameeting_MWRjNTc0MmQtNmI5OS00NTM4LWFiOTQtMTYwMzdiYTgzZGZi%4 0thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%252250c33347-9647-4535- bafe-5245fe037699%2522%252c%2522Oid%2522%253a%2522301ec84c-f102-4f34-8ad1- bf4337d0e173%2522%257d%26anon%3Dtrue&type=meetup-join&deeplinkId=1a081028-ad6f- 4187-9765-
8eac71360597&directDl=true&msLaunch=true&enableMobilePage=true&suppressPrompt=true .

Meeting ID: 215 947 448 963 73
Passcode: 2N2mY7Ui

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calendar days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.

RETENTION SUBSTITUTION. Five percent of any progress payment will be withhe ld as retention. In accordance with Public Contract Code Section 22300 and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartered ban k as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory complet ion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.

CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony.

CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within 12 months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.

By:

Gilbert Gamboa, City Engineer Date
1/22/2026

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INSTRUCTIONS TO BIDDERS

FORM OF BID. The following shall be submitted using the City of Manhattan Beach Public Works Department Bid Opportunities webpage link to the on line bid portal at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities which will have this link to OpenGov at https://procurement.opengov.com/portal/citymb/projects/ up to 10:00 a.m. on February 19, 2026 , at which time the ELECTRONIC bids will be opened and results posted on OpenGov.com (online bid portal). The deadline to submit questi ons related to the Project bid documents is February 9, 2026, at 10:00 a.m.

The Bidder shall scan and submit their bid with the following documents on the City’s Bid Forms via OpenGov. (The form listed below can be downloaded separately on the online bid portal).

1. Completed and Signed Bid Schedule

2. Completed and Signed Bidder’s Proposal – Contractor’s Statement (includes References Form and Urban Runoff Certification)

3. Completed Designation of Subcontractors Form

4. Completed, Signed and Notarized Bid Bond or Othe r Security Forms

5. Completed and Signed Noncollusion Declaration Fo rm

6. Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder.

7. Completed and Signed Addenda Acknowledgement For m

8. Completed and signed Federal Labor Standard Comp liance forms (EXBHITS 6-15) found in APPENDIX VIII-1, FEDERAL LABOR STANDARDS C OMPLIANCE FORMS AND INSTRUCTIONS.

Any Bid not accompanied by a Contractor’s Statement completed with all information required and bearing the signature of the Bidder’s duly authoriz ed representative under penalty of perjury may be deemed non-responsive and rejected. If the City determines that any information provided by a Bidder in the Contractor’s Statement is false or mi sleading, or is so incomplete as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non- responsive.

DELIVERY OF BIDS. The Bid shall be delivered by the time and date s pecified in the Notice Inviting Bid, through the OpenGov portal at
https://www.manhattanbeach.gov/departments/public-
works/bid-opportunities . Paper copies will not be accepted. Bidders are s olely responsible for ensuring that their Bids are received in proper tim e. Accepted Bids shall become the property of the City. Transmission of bids by any other means will not be accepted.

AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive.

WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk before the Bid sub mission deadline. Bids must remain valid and shall not be subject to withdrawal for 90 Days after the Bid opening date.

BIDDER’S SECURITY. Each Bid shall be accompanied by cash, a certified or cashier’s check 12100 -0001 \2654178v1.doc
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payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and will provide the evidence of insurance and furnish the specified Bonds, within ten calendar days after the date of delivery of the Contract Documents to t he Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the Contract t o the next lowest responsible bidder, and the cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unle ss it conforms substantially to the form provided in these Contract Documents.

QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere h erein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basi s for the Bid comparison. The City does not guarantee that the actual amounts required will cor respond with those shown. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or om it any such item or portion, in accordance with the Contract Documents.

ADDENDA. Each Bidder shall register to become a Registered Bidder at the OpenGov bid portal at https://procurement.opengov.com/portal/citymb . Addenda, if any, shall be issued via email through the online bid vendor portal. It is the Con tractor’s responsibility to ensure the email address utilized in the online bid vendor portal is current and accurate and it is further the Contractor’s responsibility to actively check the P ortal and email for the issuance of Addenda.

Bidders are responsible for ensuring that they have received any and all Addenda. It is the Bidder’s responsibility to actively check the onlin e bid vendor portal for Addenda or bulletin updates. Each Bidder is responsible for verifying that it has received all Addenda issued. Bidders must acknowledge receipt of all Addenda, if any. Fa ilure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.

DISCREPANCIES IN BIDS. Each Bidder shall set forth as to each item of Work, in clearly legible words and figures, a unit or line item Bid amount f or the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the extended amount set forth for the item, the unit price shall prevail. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or if the unit price is the same amount as the entry in the “extended amount” column, then the amount set forth in the “extended amount” column for the item shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in t he “extended amount” column shall be the unit price.

(2) As to unit price items, the amount set forth in the “extended amount” column shall be divided by the estimated quantity for the item set forth in the Bid documents, and the price thus obtained shall be the unit price.

In case of discrepancy between words and figures, the words shall prevail.

COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the gen eral competency of the Bidder for the performance of the Project. Each Bidder shall set f orth in the designated area of the Bid form a statement of its experience. No Contract will be ex ecuted with a Bidder that is not licensed and 12100 -0001 \2654178v1.doc
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registered with the DIR in accordance with State la w, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.

BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS . The Bidder, at its sole cost and expense, is required to carefully examine the Contract Documents and the Project site to become fully acquainted with the conditions affecti ng the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the site shall not relieve such Bidder from any obligation relating to the Bid, the Contract, or the Work required under the Contract Documents.

The City assumes no responsibility or liability to any Bidder for, nor shall the City be bound by, any understandings, oral representations or oral agreements of the City’s agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract. By submitting a Bid, Bidder represents:

1. that Bidder has read and understands the Contract Documents;

2. the Bid is made in compliance with the Contract Documents and is based upon the labor, materials, equipment, and systems required by the Contract Documents;

3. that Bidder understands that all labor, materials, equipment, and systems to be furnished for the Work shall be furnished for the prices bid;

4. that it has visited the Project site, familiariz ed itself with the local conditions under which the Work is to be performed;

5. that it is fully experienced, qualified and comp etent to perform the Work set forth in the Contract Documents;

6. that it shall not damage or endanger and shall preserve and protect adjacent properties;

7. that it is properly equipped, organized, and financed to perform the Work;

8. that it is properly permitted and licensed by th e California Contractors State Licensing Board to perform the Work;

9. that it has familiarized itself with all conditi ons bearing upon transportation, disposal, handling, and storage of materials;

10. that it has familiarized itself with the availability of labor, water, electric power, and roads;

11. that it has familiarized itself with uncertaint ies of weather, or similar physical conditions at the Project site;

12. that it has familiarized itself with the charac ter of equipment and facilities needed preliminary to and during performance of the Work;

13. that it has familiarized itself with the stagin g and material storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to approved areas; and,

14. that it will coordinate its construction activities with the other contractors performing work on the Project site, if any, including, but not lim ited to, any separate contractor retained by the City.

No information derived from an inspection of record s or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not m ake any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Cont ract Documents, regardless of actual conditions encountered, and waive and release the C ity with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.

The omission of any portion or item of Work from th e Bid that is reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time.

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DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected.

RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returne d to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed 90 Days after the successful Bidder has signed the Contract.

AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within 90 calendar Days after the Bid opening. The Contract a ward may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid.

DETERMINATION OF LOWEST BIDDER IF ADDITIVE OR DEDUC TIVE ITEMS. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined by comparing the total Bid price of all Base Bid Items and Additive Alternate Bid Items, using the Engineer’s estimate of quantities for the Work as set forth in the Bidd er’s Proposal. The amount of the contract award will be based on the available budget for the project. It may be only for the Base Bid or if the budget allows, include Additive Bid Items. In the event th at any or all of the Alternate Bid Items are not awarded as part of the Contract, the City reserves the right to add any or all of the Alternate Bid Items by Change Order or Construction Change Directive at the prices set forth in the Bid.

TRENCHING. If the Project involves the construction of a pipel ine, sewer, sewage disposal system, boring and jacking pits, or similar trenche s or open excavations, which are five feet deep or more, then each Bidder must submit, as a Bid item, adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. This final submission must be accepted by t he City in advance of excavation and must include a detailed plan showing the design of shori ng, bracing, sloping, or other provisions to be made for worker protection from caving ground durin g the excavation Work. If such plan varies from the shoring system standards, the plan shall b e prepared by a registered civil or structural engineer.

LISTING SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and S ubcontracting Fair Practices Act (Public Contract Code Section 4100, et seq .).

WORK OF SUBCONTRACTORS. All Bidders are encouraged to disseminate all of th e Specifications, Drawings, and other Contract Documents to all persons or entities submitting sub- bids to the Bidder.

INELIGIBLE SUBCONTRACTORS. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to Sections 1777.1 or 1777.7 of the Califo rnia Labor Code. By submitting a Bid, each Bidder certifies that it has investigated the eligi bility of each and every listed Subcontractor and has determined that none is ineligible to perform Work pursuant to the Labor Code.

EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in t he form included in these Contract Documents within ten cal endar days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all 12100 -0001 \2654178v1.doc
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insurance and Bonds as herein specified, and provide copies to the City, within ten calendar days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids.

SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a req uirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom.

INSURANCE AND BONDS. The Contractor shall not begin Work until it has gi ven the City evidence of all required insurance coverage (includ ing all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. Where a Contractor has entered into an agreement with a Professional Employment Organization (PEO) to pro vide human resources, workers' compensation insurance, or other benefits to the Co ntractor's employees, the Contractor must also submit the agreement with the PEO for review by the City.

INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of the Contract Docume nts, or that finds discrepancies in or omissions from the Contract Documents, may submit to the City Engineer a written request for an interpretation or correction not later than the date specified in the Notice Inviting Bids. Requests for clarification received after this date will be disregarded. Please indicate the Project and identification number in the request for clarificat ion. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum.

No oral interpretation of any provision in the Contract Documents shall be binding.

TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a bra nd or trade name item must be made by written request submitted no later than ten calendar days after the award of contract. Requests received after this tim e shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.

TAXES. Except as may be otherwise specifically provided he rein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor . The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid.

PROTESTS. Any protest of the award of a bid to the apparent lowest responsive and responsible bidder or other bidders must be submitted in accord ance with the provisions of the City of Manhattan Beach Public Works Department Bid Protest Procedure Policy 2020-1, available on the City of Manhattan Beach Public Works Department Bid Opportunities webpage at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities .

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CHECKLIST FOR BIDDERS

The following information is required of all Bidders at the time of Bid submission:

Scanned copy submitted as attachment via online portal:

1. Completed and Signed Bid Schedule.

2. Completed and Signed Bidder’s Proposal - Contractor’s Statement (includes References Form and Urban Runoff Certification)

3. Completed Designation of Subcontractors Form

4. Completed, Signed and Notarized Bid Bond or Othe r Security Form

5. Completed and Signed Noncollusion Declaration Fo rm

6. Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder

7. Completed and Signed Addenda Acknowledgement For m

8. Completed and signed federal Labor Standard Comp liance forms (EXHIBITS 6 - 15) found in APPENDIX VIII-1, FEDERAL LABOR STANDARDS COMPLIANCE FORMS AND

INSTRUCTIONS

Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.

12100-0001\2654178v1.doc
City of MB Form
B-1

BID

CITY OF MANHATTAN BEACH

CDBG PROJECT 602745-24 CYCLE 4 ADA CURB RAMP PROJECT

Project Number: P-928

TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MANHATTAN BEACH:

The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interes ted as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has inves tigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agree s that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Manhattan Beach to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials , labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated un it prices or lump-sum price as submitted on the Bid herein.

This Bid is made with the full knowledge of the kin d, quantity, and quality of the materials and Work required and, if it is accepted by the City, the Bidder shall enter into a Contract and furnish the bonds, insurance, and other documents as requir ed by the Contract Documents within ten calendar days after award of the Contract. The Bidd er agrees that failure to execute and return the Contract or the required faithful performance b ond, labor and materials payment bond, warranty bond, and insurance certificates to the Ci ty within the ten calendar day period shall be sufficient cause for the rescission of the award and forfeiture of the Bid Security to the City to the extent permitted by law.

Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount equal to at least ten percent of the total aggregat e Bid price based on the quantities shown and the unit prices quoted. The undersigned further agr ees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contra ct and provide the required evidence of insurance and Bonds within ten calendar days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. 12100-0001\2654178v1.doc
City of MB Form
B-2

CITY OF MANHATTAN BEACH

BID SCHEDULE FOR
CDBG PROJECT 602745-24 - CYCLE 4 ADA CURB RAMP PROJECT

Project Number: P-928

Bidder’s Name:

Bidder’s Address:

City, ST and Zip Code:

To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the un dersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and unde r the direction of the City Engineer, at the following prices:

A list of bid item descriptions is provided following the bid schedules

Base Bid Items as Follows:

BASE BID SCHEDULE:

ITEM
NO.

CODE

DESCRIPTION UNIT EST

QTY UNIT PRICE EXTENDED
AMOUNT

MEADOWS AND VOORHEES
1 % Mobilization (5% maximum of Total Bid) LS 1 $ $ 2 Stormwater Control, BMPs, NPDES
Compliance, and Permit
LS 1 $ $
3 S Surveying & Monument Preservation LS 1 $ $
4 S, % Traffic Control & Public Notification (5%
maximum of Total Bid)
LS 1 $ $
5 Demolish and Dispose Existing
Materials
TN 28 $ $
12100-0001\2654178v1.doc
City of MB Form
B-3

ITEM
NO.

CODE

DESCRIPTION UNIT EST

QTY UNIT PRICE EXTENDED
AMOUNT
6 Construct Case A, Type 5, Curb Ramp EA 2 $ $
7 Construct Case B, Type I, Curb Ramp EA 1 $ $
8 Construct 4" Thick PCC Sidewalk SF 245 $ $
9 Install 6-in AC Slot Pave TN 6 $ $
10 S Grind Pavement Markings and Apply
Type II Slurry
SF 85 $ $
11 S Install Thermoplastic Crosswalk
Striping over Type II Slurry
SF 750 $ $
12 S Install Thermoplastic STOP Legend
and Bar
EA 1 $ $
13 Paint Curb LF 82 $ $

MEADOWS AND BRYANT
14 % Mobilization (5% maximum of Total Bid) LS 1 $ $ 15 Stormwater Control, BMPs, NPDES
Compliance, and Permit
LS 1 $ $
16 S Surveying & Monument Preservation LS 1 $ $
17 S, % Traffic Control & Public Notification (5%
maximum of Total Bid)
LS 1 $ $
18 Demolish and Dispose Existing
Materials
TN 6 $ $
19 Construct Case B, Type I, Curb Ramp EA 1 $ $
20 Construct 4" Thick PCC Sidewalk SF 26 $ $
12100-0001\2654178v1.doc
City of MB Form
B-4

ITEM
NO.

CODE

DESCRIPTION UNIT EST

QTY UNIT PRICE EXTENDED
AMOUNT
21 Caulk Existing Concrete Joints LF 30 $ $
22 S Grind Pavement Markings and Apply
Type II Slurry
SF 85 $ $
23 S Install Thermoplastic Crosswalk
Striping over Type II Slurry
SF 350 $ $
24 S Install Thermoplastic STOP Legend
and Bar
EA 1 $ $
25 Paint Curb LF 34 $ $

MEADOWS AND KEATS
26 % Mobilization (5% maximum of Total Bid) LS 1 $ $ 27 Stormwater Control, BMPs, NPDES
Compliance, and Permit
LS 1 $ $
28 S Surveying & Monument Preservation LS 1 $ $
29 S, % Traffic Control & Public Notification (5%
maximum of Total Bid)
LS 1 $ $
30 Demolish and Dispose Existing
Materials
TN 6 $ $
31 Construct Case A, Type 5, Curb Ramp EA 1 $ $
32 Construct Curb and Gutter LF 6 $ $
33 Install 6-in AC Slot Pave TN 1 $ $
34 Paint Curb LF 6 $ $
12100-0001\2654178v1.doc
City of MB Form
B-5

ITEM
NO.

CODE

DESCRIPTION UNIT EST

QTY UNIT PRICE EXTENDED
AMOUNT

MEADOWS AND TENNYSON
35 % Mobilization (5% maximum of Total Bid) LS 1 $ $ 36 Stormwater Control, BMPs, NPDES
Compliance, and Permit
LS 1 $ $
37 S Surveying & Monument Preservation LS 1 $ $
38 S, % Traffic Control & Public Notification (5%
maximum of Total Bid)
LS 1 $ $
39 Demolish and Dispose Existing
Materials
TN 12 $ $
40 Construct Case B, Type I, Curb Ramp EA 2 $ $
41 Construct 4" Thick PCC Sidewalk SF 50 $ $
42 Caulk Existing Concrete Joints LF 20 $ $
43 S Grind Pavement Markings and Apply
Type II Slurry
SF 85 $ $
44 S Install Thermoplastic Crosswalk
Striping over Type II Slurry
SF 350 $ $
45 S Install Thermoplastic STOP Legend
and Bar
EA 1 $ $
46 Paint Curb LF 68 $ $

TOTAL BASE BID SCHEDULE $___ _____ ____ ______________ 12100-0001\2654178v1.doc
City of MB Form
B-6

ADDITIVE BID #1 SCHEDULE:

ITEM
NO.

CODE

DESCRIPTION UNIT EST

QTY UNIT PRICE EXTENDED
AMOUNT
17 TH AND LAUREL – ADDITIVE BID #1
A-1 % Mobilization (5% maximum of Total Bid) LS 1 $ $ A-2 Stormwater Control, BMPs, NPDES
Compliance, and Permit
LS 1 $ $
A-3 S Surveying & Monument Preservation LS 1 $ $
A-4 S, % Traffic Control & Public Notification (5%
maximum of Total Bid)
LS 1 $ $
A-5 Demolish and Dispose Existing
Materials
TN 40 $ $
A-6 Construct Case B, Type I, Curb Ramp EA 4 $ $
A-7 Construct 8" Thick PCC Cross Gutter SF 204 $ $ A-8 Construct 4" Thick PCC Sidewalk SF 15 $ $
A-9 Install 6-in AC Slot Pave TN 8 $ $
A-10 Adjust Existing Improvement to Grade EA 2 $ $ A-11 S Install Thermoplastic Crosswalk
Striping over Type II Slurry
SF 800 $ $
A-12 Paint Curb LF 99 $ $
TOTAL ADDITIVE BID #1 SCHEDULE $__ _____ ________________

12100-0001\2654178v1.doc
City of MB Form
B-7

ADDITIVE BID #2 SCHEDULE:

ITEM
NO.

CODE

DESCRIPTION UNIT EST

QTY UNIT PRICE EXTENDED
AMOUNT
17 TH AND POINSETTIA – ADDITIVE BID #2
B-1 % Mobilization (5% maximum of Total Bid) LS 1 $ $ B-2 Stormwater Control, BMPs, NPDES
Compliance, and Permit
LS 1 $ $
B-3 S Surveying & Monument Preservation LS 1 $ $
B-4 S, % Traffic Control & Public Notification (5%
maximum of Total Bid)
LS 1 $ $
B-5 Demolish and Dispose Existing
Materials
TN 15 $ $
B-6 Construct Case A, Type I, Curb Ramp EA 1 $ $
B-7 Construct 8" Thick PCC Cross Gutter SF 124 $ $ B-8 Construct 4" Thick PCC Sidewalk SF 130 $ $
B-9 Install 6-in AC Slot Pave TN 2 $ $
B-10 Remove and Replace Existing
Improvement
EA 1 $ $
B-11 S Install Thermoplastic Crosswalk
Striping over Type II Slurry
SF 400 $ $
B-12 Paint Curb LF 35 $ $
B-13 Place Fill and Install Sod LS 1 $ $
TOTAL ADDITIVE BID #2 SCHEDULE $____ ________ ______________

12100-0001\2654178v1.doc
City of MB Form
B-8

NOTES:

1) In the CODE column (S) denotes a specialty item, (%) denotes progress payments for that lump sum item will be allowed based on the percentage of completion in each pay period, and (C) denotes payments will be made after the completion of the lump sum item. See Subsection 9-2.1 of the General Provisions for details.

2) In the UNIT column (LS) denotes a lump sum item. Schedule of values will be requested for lump sum items. See Section 9 of the General Provisions for details. 3) Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) items. For lump sum items, see Note 1. The Bid Price shall include, but not limited to, sales tax and all other applicable taxes and fees.

4) Items may be adjusted or deleted. Therefore, regard less of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

Bid Item Descriptions

Mobilization: Work under this item shall include, b ut not be limited to, all labor, tools, equipment and material costs for preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. Refer to the Standard Specifications for Public Works Construction “Greenbook” and Part 9 Special Instruc tions for information regarding staging and storage. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization . No additional compensation will be allowed for add itional mobilizations required, including but not limited to, extra work, or delays discovered during construction operations.

Stormwater Control, BMPs, NPDES Compliance, and Permit: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for stormwater pollution control, best management practices, and water pollution control plans as noted in Standard Specifications for Public Works Construction “Greenbook” and Speci al Provisions subsection 3-12 Worksite Maintenance.

Traffic Control: Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for vehicular and pedestrian tra ffic controls, traffic control plans, placement, removal, storage, relocation, revisions, incidental s, maintenance of vehicular and pedestrian access, detours, street closures, disposal, and rep lacement of components of traffic control including lights, loop detector repair, alternative wireless or video detection systems, channelizers (surface mounted), temporary railing (Type K) marke rs, delineators, temporary striping and pavement marking, barricades, portable flashing bea cons, flashing arrow signs, portable changeable message signs in accordance with the latest Standard Specifications for Public Works Construction “Greenbook”, Special Provisions Part 6 Temporary Traffic Control, latest California Manual on Uniform Traffic Control Devices “MUTCD”, latest Work Area Traffic Control Handbook “WATCH”, and as directed by the Engineer, and no ad ditional compensation will be allowed therefore. Nothing in the Special Provisions shall be construed as relieving the Contractor from 12100-0001\2654178v1.doc
City of MB Form
B-9

his or her responsibility to provide for the safety and convenience of traffic and the public during construction.

For remainder of bid item descriptions – see PART II - STANDARD AND SPECIAL

TECHNICAL PROVISIONS

TOTAL BASE BID IN DIGITS: $__________________________

TOTAL ADDITIVE BID ITEMS IN DIGITS: $_________________

Total Bid Price = Base Bid Schedule Amount Plus (+) All Additive Bid Schedule Amounts Minus (-) All Deductive Bid Schedule Amounts

TOTAL BID PRICE IN DIGITS: $ _____

TOTAL BID PRICE IN WORDS:
____________________________________________________________________________ ____________________________________________________________________________

For Basis of Award see Section Instruction to Bidders under DETERMINATION OF LOWEST BIDDER IF ADDITIVE OR DEDUCTIVE ITEMS on page I-4.

The undersigned certifies to have a minimum of three consecutive years of current experience in the type of Work related to the Project and that th is experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The under signed also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License

Number , Class , which expires on .

Signature: Title: Date:

Signature:

Title:

Date:
12100-0001\2654178v1.doc
City of MB Form
B-10

BIDDER’S PROPOSAL – CONTRACTOR’S STATEMENT

CDBG PROJECT 602745-24 - CYCLE 4 ADA CURB RAMP PROJECT

Project Number: P-928

Fill out all of the following information. Attach additional sheets if necessary.

(1) Bidder’s Name:

(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious nam e, write “N/A” in the response to this question. If you are doing business under a fictiti ous name, provide a copy of the filed valid Fictitious Business Name Statement.

(3) Business Address:

(4) Telephone: Email:

(5) Type of Firm – Individual, Partnership, LLC or Corporation:

(6) Corporation organized under the laws of the Sta te of:

(7) California State Contractor’s License Number an d Class:

Original Date Issued: Expiration Date:

(8) DIR Contractor Registration Number:

(9) List the name and title of the person(s) who in spected the Project site for your firm:

(10) Number of years’ experience the company has as a contractor in construction work:

(11) List the names, titles, addresses and telephon e numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this Bid:

(12) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid:

12100-0001\2654178v1.doc
City of MB Form
B-11

(13) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:

(14) For all arbitrations, lawsuits, settlements an d the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five years:

a. List the names, addresses and telephone numbers of contact persons for the parties:

b. Briefly summarize the parties’ claims and defens es:

c. State the tribunal (e.g., Superior Court, Americ an Arbitration Association, etc.), the matter number, and the outcome:

(15) Has the company or any principal having an int erest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.

12100-0001\2654178v1.doc
City of MB Form
B-12

(16) Has the company or any principal having an int erest in this Bid ever failed to complete a project? If yes, explain.

(17) Has the company or any principal having an int erest in this Bid ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, explain.

(18) For projects that the company or any principal having an interest in this Bid has been involved with in the last five years, did you have any claims or actions:

a. By you against the owner? Circle one: Yes No

b. By the owner against you? Circle one: Yes No

c. By any outside agency or individual for labor co mpliance? Circle one: Yes No

d. By Subcontractors? Circle one: Yes No

e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No

If your answer is “yes” to any part or parts of this question, explain.

(19) Has the company or any of its principals ever been debarred by any agencies? Is yes, please explain.

12100-0001\2654178v1.doc
City of MB Form
B-13

(20) For all public agency projects in excess of $1 5,000.00 that you are currently working on or have worked on in the past two years, provide the following information:

Project 1 Name/Number

Project Description

Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 2 Name/Number

Project Description

Approximate Construction Date From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

12100-0001\2654178v1.doc
City of MB Form
B-14

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 3 Name/Number

Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 4 Name/Number

Project Description
Approximate Construction Dates From: To
12100-0001\2654178v1.doc
City of MB Form
B-15

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 5 Name/Number

Project Description

Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No 12100-0001\2654178v1.doc
City of MB Form
B-16

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

Project 6 Name/Number

Project Description
Approximate Construction Dates From: To:

Agency Name:

Contact Person: Telephone:

Address:

Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).

Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No

Did the Agency file any claims against you? Circle one: Yes No

If you answered yes to either of the above two questions, please explain and indicate outcome of claims.

[Continue to Next Page]
12100-0001\2654178v1.doc
City of MB Form
B-17

Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.

Failure to provide truthful answers to the question s above or in the following References Form may result in the Bid being deemed non-responsive.

Urban Runoff Certification. The Bidder certifies to the City that he/she has trained his/her employees and Subcontractors, if any, for Urban Runoff management and has included sufficient sums in the Bid Price to cover such costs of traini ng as stipulated in the most current Regional Water Quality Control Board requirements, including the Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (NPDES) Permit. The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in NPDES permit) occurring as a result of the Contractor’s Work and/or operations.

I, the undersigned, certify and declare that I have read all the foregoing answers to the Bidder’s Proposal – Contractor’s Statement and know their co ntents. The matters stated in the Bidder’s Proposal – Contractor’s Statement answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is correct.

Company

Signature:

Name:

Title:

Date:

Signature:

Name:

Title:

Date:
12100-0001\2654178v1.doc
City of MB Form
B-18

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]

CDBG PROJECT 602745-24 CYCLE 4 ADA CURB RAMP PROJECT

List all Subcontractors who will perform Work or la bor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one per cent of the Contractor’s total Bid or $10,000.00, w hichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

Note fill in the table below – Attach additional sheets if necessary.

Name under which
Subcontractor is
Licensed
and Registered
CSLB License
Number(s) and
Class(es)
DIR
Contractor
Registration
Number

Address and Phone Number

Type of Work
(e.g., Electrical)

Percentage of Total
Bid (e.g., 10%) *

*The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b). 12100-0001\2654178v1.doc
City of MB Form
B-19

Bond No.

BID BOND

CDBG PROJECT 602745-24 CYCLE 4 ADA CURB RAMP PROJECT

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Manhattan Beach (“City”), has issued an invitation for Bids for the Work described as follows:

WHEREAS
(Name and address of Bidder)

(“Principal”), desires to submit a Bid to City for the Work.

WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ),
being not less than ten percent of the total Bid pr ice, in lawful money of the United States of America, for the payment of which sum well and trul y to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if t he hereby bounded Principal is awarded the Contract for the Work by the City and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

In case suit is brought upon this instrument, Suret y further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys’ f ees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845. 12100-0001\2654178v1.doc
City of MB Form
B-20

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate pa rty being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

Name:

Address:

Telephone No.:

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:
“Surety”

Company Name:

Address:

Telephone No.:

Signature:

Print Name:

Title:

Date:

NOTE: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
12100-0001\2654178v1.doc
City of MB Form
B-21

NONCOLLUSION DECLARATION FORM

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]

CDBG PROJECT 602745-24 CYCLE 4 ADA CURB RAMP PROJECT

The undersigned declares:

I am the of , the party making the foregoing
Bid.

The Bid is not made in the interest of, or on behal f of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced o r solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agree ment, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other B idder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, s ubmitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bi d depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liabili ty partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws o f the State of California that the foregoing is true and correct and that this declaration i s executed on [date], at [city], [state].

Signature:

Printed Name:

Signature:

Printed Name:

Date: Date:
12100-0001\2654178v1.doc
City of MB Form
B-22

ADDENDA ACKNOWLEDGMENT FORM

CDBG PROJECT 602745-24 CYCLE 4 ADA CURB RAMP PROJECT

Bidder’s Name:

The Bidder shall signify receipt of all Addenda here, if any:

Addendum Number Date Received Signature

If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.
12100-0001\2654178v1.doc
City of MB Form
C-1

CONTRACT

CITY OF MANHATTAN BEACH CONTRACT FOR
CDBG PROJECT 602745-24 CYCLE 4 ADA CURB RAMP PROJECT

THIS CONTRACT (“Contract”) is made and entered this day of , 20 (“Effective Date”), by and between the CITY OF MANH ATTAN BEACH, a California municipal corporation (“City”) and , a
[Legal Form of Entity and state of formation, e.g ., California corporation, limited partnership, limited liability company] (“Contractor”). The Contractor’s California State Contractor’s license number is .

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consi st of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Aw ard), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Spe cial Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complet e the Work in a good and workmanlike manner for the project identified as CDBG Project 6 02745-24 Cycle 4 ADA Curb Ramp Project (“Project”), as described in the Contract Documents.

3. Compensation.

3.1 Contract Price and Basis for Payment. In consid eration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Proposal submitted with the Bid. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is $ (“Contract Price”). It is understood and agreed that the quantities set forth in the Bidder’ s Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.

3.2 Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the General Provisions.

4. Contract Time.

Initial Notice to Proceed. The City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order M aterials constitutes the date of commencement of the Contract Time of 30 Working Days (20 working days for construction work and 10 working days for preconstruction requirement s). The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders).

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further specify that the Contractor must complete t he preconstruction requirements and order materials within 10 days after the date of commence ment of the Contract Time; this duration is part of the Contract Time.

Preconstruction requirements include, but are not limited to, the following:

• Submitting and obtaining approval of Baseline Sche dule

• Submitting and obtaining approval of Traffic Contr ol Plans

• Submitting and obtaining approval of the Stormwate r Pollution Prevention Plan (SWPPP)/Water Pollution Control Plan (WPCP)

• Submitting and obtaining approval of critical requ ired submittals

• Submitting and obtaining approval of Construction & Demolition Waste Management Plan (C&D WMP Section 9-5)

• Submitting and obtaining approval of critical requ ired submittals such as:
• Deferred submittals listed on plans and shop draw ings • Monument Inventory List
• DigAlert Ticket and Form

• Submitting and obtaining approval of Project Ident ification Signs. Install during mobilization.

• Obtaining approved Permits from all applicable age ncies

• Obtaining a Temporary Use Permit for a constructio n yard, if applicable

• Notifying all agencies, utilities, residents, etc. , as outlined in the Contract Documents

• Submitting and obtaining approval of a Project Sta ffing List with contact information and a Project Emergency Contact List.

4.1 Notice to Proceed with Construction. After all preconstruction requirements are met and materials have been ordered in accordance w ith the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, t he City shall issue the “Notice to Proceed with Construction,” at which time the Contractor sh all diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

5. Liquidated Damages for Delay and Control of Work .

5.1 Liquidated Damages. The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.

6. Early Completion.

6.1 City Not Liable for Contractor Failure to Achie ve Early Completion. While the Contractor may schedule completion of all of the Wo rk, or portions thereof, earlier than the Contract Time, the City is exempt from liability fo r and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for the 12100-0001\2654178v1.doc
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Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever.

7. Work after Stop Work Notice. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.

8. Antitrust Claims. In entering into this Contract , the Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under th e Cartwright Act (Business and Professions Code Section 16700 et seq .) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and bec ome effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties.

9. Prevailing Wages. The City and the Contractor ac knowledge that the Project is a public work to which prevailing wages apply.

10. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment o f compensation to its employees. In accordance with the provisions of Labor Code Sectio n 1861, by signing this Contract, the Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of th e Labor Code which require every employer to be insured against liabil ity for workers’ compensation or to undertake self-insurance in acco rdance with the provisions of that Code, and I will comply with suc h provisions before commencing the performance of the Work of this Contract.”

11. Titles. The titles used in this Contract are fo r convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

12. Authority. Any person executing this Contract o n behalf of the Contractor warrants and represents that he or she has the authority to exec ute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.

13. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference , represents the entire and integrated Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

14. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have execute d this Contract the day and year first above written.
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CITY:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Talyn Mirzakhanian
Title: City Manager
ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney

APPROVED AS TO FISCAL IMPACT:

By:

Name: Libby Bretthauer
Title: Finance Director
APPROVED AS TO CONTENT:

By:

Name: Ted Semaan
Title: Interim Public Works Director
CONTRACTOR:

[Contractor’s Legal Name]

By:

Name:

Title:

By:

Name:

Title:

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED

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Bond No.

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Manhattan Beach (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

CDBG Project 602745-24 CYCLE 4 ADA CURB RAMP PROJECT
(Project name)

WHEREAS, under the terms of the Contract, the Princ ipal is required before entering upon the performance of the Work, to file a good and suffici ent payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contrac tors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Divis ion 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of a ny kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fi le claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the Califo rnia Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Secti on 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal an d its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 12100-0001\2654178v1.doc
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The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate pa rty being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal” “Surety”

Signature: Signature:

Print Name:

Title:

Date:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

(Seal)

NOTE: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of t he authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 12100-0001\2654178v1.doc
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PERFORMANCE BOND
Bond No.

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Manhattan Beach (“City”), has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

CDBG Project 602745-24 CYCLE 4 ADA CURB RAMP PROJECT
(Project name)

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ),
this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and trul y to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if t he hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the c ovenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in a ddition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing su ch obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby wa ives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be p erformed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California 12100-0001\2654178v1.doc
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Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal” “Surety”

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

(Seal)

Bond No.

WARRANTY BOND

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Manhattan Beach (“City”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)

a contract (the “Contract”) for the Work described as follows:

CDBG Project 602745-24 CYCLE 4 ADA CURB RAMP PROJECT
(Project name)

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work to file a good and sufficient warranty Bond with the City.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)

(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ )
this amount being not less than 10% of the total Contract Price, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if t he hereby bounded Principal, his, her or its heirs, executors, administrators, succes sors or assigns, shall remedy, without cost to the City, any defects which may develop during a period of one year from the date of completion and acceptance of the work performed under the Cont ract, caused by defective or inferior materials or workmanship, and shall indemnify, defe nd and hold harmless the City, its officers, agents, and employees for any and all claims, deman ds, causes of action, damages, injuries, liabilities, losses, costs or expenses, including a ttorneys’ fees and costs of defense, which arise out of, pertain to, or relate to such defects or to the Principal’s actions or inactions in remedying such defects, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

FURTHER, Surety hereby waives the provisions of California Civil Code sections 2845 and 2849.

The City is the principal beneficiary of this bond and has all rights of a party hereto.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be p erformed thereunder or the specifications 12100-0001\2654178v1.doc
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accompanying the same shall in anywise affect its o bligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

Dated:

“Principal” “Surety”

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

Signature:

Print Name:

Title:

Date:

(Seal)

NOTE: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached . DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 12100-0001\2654178v1.doc
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CHECKLIST FOR EXECUTION OF CONTRACT

TO BE SUBMITTED BY SUCCESSFUL BIDDER:

o Executed copy of the Contract (will be sent via Do cuSign) o Completed, signed, and notarized Payment Bond (one original and one electronic copy) in amount of the Contract
o Completed, signed, and notarized Performance Bond (one original and one electronic copy) in amount of the Contract
o Completed, signed, and notarized Warranty Bond (on e original and one electronic copy) in the amount of 10% of the Contract
o General Liability insurance certificate.
o Commercial Automobile insurance certificate.
o Worker’s Compensation and Employee’s Liability ins urance certificate. o Contractor’s Pollution Legal Liability insurance c ertificate. o Umbrella/Excess Liability (General Aggregate) insu rance certificate, if applicable. o Additional insured endorsement – naming the City, Los Angeles County Development Authority, and County of Los Angeles as co-insured for general, automobile, worker’s compensation, pollution, and excess liability insurance o Primary and Non-Contributory Endorsement – General Liability Policy o Waiver of Subrogation – naming the City, Los Angel es County Development Authority, and County of Los Angeles general, automobile, worker’s compensation, pollution, and excess liability insurance
o W-9 Request for Taxpayer Identification Number and
o DocuSign Contact Signature Form

ALL SUBMITTALS WILL BE RETAINED BY CITY, EXCEPT FOR ONE COPY

OF THE FULLY EXECUTED CONTRACT
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PART 1 - GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS

The 2021 edition of “Standard Specifications for Public Works Construction”, as amended by the Contract Documents, is incorporated into the Contra ct Documents by this reference. The Work described herein shall be done in accordance with the provisions of the Standard Specifications, as amended by the Contract Documents.

0-2 NUMBERING OF SECTIONS

The number of sections and subsections in these Gen eral Provisions are compatible with the numbering in the Standard Specifications. Subsections of architectural and/or other work may be numbered according to the Construction Specifications Institute (CSI) format.

0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS

The Sections that follow supplement, but do not replace, the corresponding provisions in Party 1 (General Provisions) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specific ations and these General Provisions, these General Provisions shall control.

SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIO NS, UNITS OF MEASURE,

AND SYMBOLS

The provisions below shall supplement, but not repl ace, those provisions in Section 1 of the Standard Specifications.

1-2 TERMS AND DEFINITIONS

Whenever in the Standard Specifications or in the C ontract Documents the following terms are used, they shall be understood to mean the following:

Agency – The City of Manhattan Beach.

Applicable Law – All State, federal, and local laws, statutes, ordinances, codes, rules, and regulations governing the Work.

Bid Item – An item of Work listed on the Bid Schedule.

Board – The City Council of the City of Manhattan Beach.

City – The City of Manhattan Beach
City Council – The City Council of the City of Manhattan Beach Contract Documents – As defined in Section 1 of the Contract.

Contract Time – The number of Working Days stated in the Contract for the completion of the Work.
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County – County of Los Angeles, California

Detour – A temporary route for traffic (vehicular or pedestrian) around a closed portion of a road or travel way.

Engineer – The City Engineer, acting either directl y or through properly authorized agents. Such agents shall act within the scope of t he particular duties entrusted to them.

Estimated Quantities – The quantities of Work anticipated to be performed, as set forth in the Bid Schedule, designated as units or a lump sum.

Excavation – Any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, d igging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driv ing, or any other way (Cal. Gov.

Code § 4216).

Final Acceptance- Acceptance of the Work by the City Council and direction to staff to cause recordation of the Notice of Completion, purs uant to Section 3-13.1 these General Provisions.

Inspector – An authorized representative of the Cit y, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.

Major Item of Work – A bid item amount that is at least 10% of the total contract award amount.

Minor Item of Work – A bid item amount that is less than 10% of the total contract award amount.

Notice of Completion – The notice authorized by Civil Code Section 9204.

Notice to Proceed or Notice to Proceed with Construction – A written notice issued by the City to the Contractor that authorizes the Contractor to perform the Work.

Notice to Proceed to Fulfill Preconstruction Requir ements and Order Materials – A written notice issued by the City to the Contractor that authorizes the Contractor to proceed with preconstruction requirements and the a cquisition or purchase of materials that are to be incorporated into the Work and establishes the date of commencement of the Contract Time.

Project – See Work.

Punch List – A list of items of Work to be completed or corrected by the Contractor in order to complete the Work as specified in the Contract Documents.

Shop Drawings – All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcon tractor, manufacturer, supplier, or distributor, which illustrate how specific porti ons of the Work shall be fabricated or installed.
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State – The State of California.

Submittal – Any drawing, calculation, specification , product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, bonds or similar items required to be submitted to the City under the terms of the Contract.

Traffic Engineer – The representative of the Engine er who is assigned traffic-related matters.

Work – The construction and services required by th e Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, services provided or to be provided by the Contract or to fulfill the Contractor’s obligations.

Working Day - Any calendar day except Saturdays, Su ndays, and the following holidays:

New Year’s Day ........................................... January 1

Martin Luther King, Jr. Day ........................... 3rd Monday in January

Presidents’ Day ............................................ 3rd Monday in February

Memorial Day ............................................... Last Monday in May

Independence Day ....................................... July 4

Labor Day .................................................... 1st Monday in September

Columbus Day .............................................. 2nd Monday in October

Veterans’ Day ............................................... November 11

Thanksgiving ................................................ 4th Thursday in November

Friday after Thanksgiving ............................. 4th Friday in November

Christmas Day .............................................. December 25

If a holiday falls upon a Sunday, the following Monday shall be the day the holiday is observed, and if a holiday falls upon a Saturday , the preceding Friday shall be the day the holiday is observed.

Work Directive – A unilateral written order issued by the City directing the Contractor to continue performance of the Work or a disputed item of Work pending resolution of a claim or dispute concerning the scope of Work.

1-3 ABBREVIATIONS
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1-3.3 Institutions

The institutions listed in Section 1-3.3 of the Sta ndard Specifications shall be supplemented by the list below:

Abbreviation Word or Words
AAN ............................................... ..................................... American Association of Nurserymen AGCA ........................................................................ Associated General Contractors of America APWA ................................................................................... American Public Works Association CDBG…………………………………………………………….Community Development Block Grant CRSI ..................................................................................... Concrete Reinforcing Steel Institute CSI ........................................................................................ Construction Specifications Institute LACDA……………………………………………………Los Angeles County Development Authority NEC .................................................................................................. ......... National Electric Code NFPA .................................................................................... National Fire Protection Association SSS ............................................................................ State of California Standard Specifications, Latest edition, Department of Transportation
SSP ........................................................................................ State of California Standard Plans, Latest edition, Department of Transportation

1-7 AWARD AND EXECUTION OF THE CONTRACT

1-7.2. Contract Bonds. The following paragraphs shall be added following the seventh paragraph :

The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Labor and Materials Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both t he principal and its Subcontractors pursuant to Labor Code Section 1741, and until the expiration o f the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subco ntractors pursuant to Labor Code Section 1771.2.

The warranty or maintenance Bond shall be valid for one year from the date of recordation of Notice of Completion by the County Recorder, in the amount of ten percent of the Contract Price.

Other than the details listed herein, the warranty or maintenance Bond shall adhere to the requirements for Bonds in Section 1-7.2 of the Stan dard Specifications. Nothing herein shall abridge or amend Section3-13.3 of the Standard Specifications or the related provisions in these Contract Documents.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.
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SECTION 2. SCOPE OF THE WORK

The provisions below shall supplement but not repla ce those provisions in Section 2 of the Standard Specifications, unless specifically noted below.

2-1 WORK TO BE DONE

The following paragraphs shall be added at the end of Subsection 2-1:

All work which is defective in its construction or deficient in any of the requirements of the Plans and Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at his own expense. No compensation will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer and the City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor.

Any unauthorized or defective work, defective mater ial or workmanship or any unfaithful or imperfect work that may be discovered before Final Acceptance of work by the Board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.

2-2 PERMITS

The following paragraphs shall be added at the end of Subsection 2-2:

Before starting any construction work, the Contract or will be required to obtain all necessary permits from the City, which may include obtaining an encroachment permit for Work within the public right-of-way, as well as all other permits r equired from all other agencies. Should this Project require construction of trenches or excavat ions which are five feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on th is Project. The Contractor shall bear all cost for fees for all agencies except for the City of Manhattan Beach permit fees.

The Contractor shall procure all permits and licens es, pay all charges and fees, and give all notices necessary and incidental to the due and law ful prosecution of the work. All City of Manhattan Beach permits required for the performanc e of the Contract shall be issued on a “no fee” basis.

2-4 COOPERATION AND COLLATERAL WORK

The following paragraphs shall be added at the end of Subsection 2-4:

The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary who have the right to operate within or adjacent to the work site during the performance of such work. If necessary to avoid or minimize such damage or delay, the Contractor shall re-deploy its work force to ot her parts of the work. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused to the other due to unnecessary delays or failure to finish the work within the time specified for completion.

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various Contract items in the bid schedule and no a dditional compensation will be allowed thereof.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES

The following sentence shall be added at the end of Section 2-5:

The use of excessively loud equipment and warning s ignals shall be avoided, except in those cases required for the protection of personnel.

2-5.4 Haul Routes

Subsection 2-5.4 of the Standard Specifications shall be deleted and replaced as follows:

The Contractor must obtain the Engineer’s approval before using any haul routes.

Further detail requirements for haul traffic are delineated in the Special Provisions.

2-6 CHANGES REQUESTED BY THE CONTRACTOR

2-6.1 General

The following paragraph shall be added at the end of Subsection 2-6.1:

If the Contractor alleges that instructions issued after the date of the Contract will result in increases to the Contract Price or Contract Time, i f latent or unforeseen conditions require modification of the Contract Documents, or the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, a Chan ge Order Proposal (“COP”) may be submitted to the City in writing, using the forms provided he rein in Subsection 2-7.1.1 of the General Provisions, and must specify the reasons for such change, including relevant circumstances and impacts on the construction schedule. The Contracto r may request additional compensation and/or time through a COP but not for instances that occurred more than ten calendar days prior to the COP. The Contractor’s failure to initiate a COP within such period shall be deemed a waiver of the right to adjustment of the Contract Price or the Contract Time for the alleged change, unless such waiver is prohibited under state law. Any COP that is approved by the City will be incorporated in a Change Order or Construction Change Directive. If the City determines that the Work in question is not a change, the City shall is sue a Work Directive, ordering the Contractor to proceed with the Work without delay. If the COP is denied but the Contractor believes that it does have merit, the Contractor may submit a claim to the City.

2-7 CHANGES INITIATED BY THE AGENCY

The following paragraph shall be added at the end of Section 2-7:

The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Co ntract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Engineer, without in any way making the Contract void. Such increases, a lterations or decreases of Work shall be considered and treated as though originally contrac ted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done.

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2-7.1 General

Add the following paragraphs at the end of Subsection 2-7.1:

The City reserves the right to make changes in the Work, including the elimination of any Bid Item, after execution of the Contract and without invalidating the Contract by:

Change Order approved by the City Council, City Manager, Public Works Director, or City Engineer (dollar value of approval authority for each as per City policy); or

Construction Change Directive approved by the City Council, City Manager, Public Works Director, or City Engineer (dollar value of approval authority for each as per City policy);

A change that causes the total value of all changes to exceed the Contract contingency amount established at the time of award of the Contract mu st be approved by the City Council. No payments in excess of the original Contract Price w ill be made until a Change Order is approved in the normal course of business. The City may, at any time, without notice to the Contractor’s surety(ies), order changes in the Work within the general scope of the Contract. Such changes in the Work shall not relieve or release the surety(ies) of its (their) obligations under the Performance and Payment Bonds issued for the Project. Changes i n the Work made pursuant to this Article 3 shall in no way release any guarantee or warranty provided by the Contractor.

The City may issue a Change Order Proposal Request (“COPR”), in writing, to the Contractor, describing a proposed change to the Work and requesting that the Contractor submit an itemized Change Order Proposal (“COP”) to the City. The Cont ractor shall submit the COP to the City Engineer, using the forms provided herein in Subsection 2-11.2 of these General Provisions, within ten calendar days after the City’s issuance of the COPR. If the Contractor fails to submit a COP within such period of time, it shall be presumed that the change described in the City’s COPR will not result in an increase to the Contract Price or Contract Time and the change shall be performed by the Contractor without such increases. A COPR do es not authorize the Contractor to commence performance of the changed work. The Contr actor shall not perform any change until receipt of the City’s written approval. If the City approves the Contractor’s COP, the City shall issue a Change Order.

Whenever a change is pending, the Contractor shall notify the City if it is necessary to halt other Work in the area of the change that would be affect ed thereby, until such time as the change is authorized.

Any change to the Contract Price shall be in a sum mutually agreed to by the Contractor and the City. When the cost for Extra Work cannot be agreed upon, the City will pay for Extra Work based on the accumulation of costs as provided for in Sub section 7-4, “Payment for Extra Work,” of the Standard Specifications and the General Provisions.

2-7.1.1 Change Order

A Change Order is a written instrument prepared by the City and signed by the City and the Contractor, stating their agreement upon all of the following:

A. The scope of the change in the Work;

B. The amount of the adjustment, if any, in the Con tract Price; and

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C. The extent of the adjustment, if any, in the Con tract Time.

2-7.1.1.1 Accord and Satisfaction

Add Subsection 2-7.1.1.1 as follows:

The Contractor’s agreement on any Change Order shal l be a full compromise and settlement of all adjustments to the Contract Time and Contract Price, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing site con ditions, construction interferences, and other extraordinary or consequential damages (hereinafter called “Impacts”), including any ripple or cumulative effect of the Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, the Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatsoever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure, or course of dealing by the City shall act to waive, modify, change, or alter the requirement that Change Orders must be in writing, signed by th e City and the Contractor, and that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time.

2-7.1.2 Construction Change Directive

Add Subsection 2-7.1.2 as follows:

A Construction Change Directive is a written order prepared and signed by the City, directing a change in the Work prior to the Contractor’s agreem ent on adjustment, if any, in the Contract Price or Contract Time, or both. The City may, by C onstruction Change Directive, without invalidating the Contract, order changes in the Wor k within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Price and Contract Time being adjusted accordingly. Upon receipt of a Constructio n Change Directive, the Contractor shall promptly proceed with the change in the Work involv ed. A Construction Change Directive shall be used in the absence of total agreement on the te rms of a Change Order. The City’s form of Construction Change directive is provided in Subsection 2-11 of the General Provisions.

2-8 EXTRA WORK

Subsection 2-8 of the Standard Specifications shall be deleted and replaced as follows:

New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various ite ms or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer.

All Extra Work shall conform to the Plans and Specifications.

The Contractor shall furnish to the Engineer each Subcontractor’s signed and detailed estimate of the cost for labor, materials, and equipment, including the markup by such Subcontractor for overhead and profit for Work added or deducted to a Subcontractor’s scope of Work. The Contractor shall furnish to the Engineer the sub-Subcontractor’s signed detailed estimate of the cost for labor, materials, and equipment, including the markup by such sub- Subcontractor for 12100-0001\2654178v1.doc
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overhead and profit for Work added or deducted to a sub-Subcontractor’s scope of Work. The Contractor shall furnish to the Engineer the vendor or supplier’s signed detailed estimate or quotation of the cost to the Contractor for Work added or deducted from a vendor or suppliers scope of Work.

2-10 DISPUTED WORK

Delete Subsection 2-10 in its entirety and substitute the following:

In the event of disputed Work, the City shall have the right to unilaterally issue a written Work Directive; and the Contractor shall continue perfor mance pending resolution of the dispute and shall maintain cost data described in Subsection 2- 8 of the Standard Specifications and the General Provisions. The City’s form of Work Directi ve is provided in Subsection 2-11 of the General Provisions. Payment shall be made for such disputed Work as is later determined by negotiation between the parties or as is fixed by a court of law.

2-11 FORMS

Add Section 2-11 to incorporate the following sample forms, which appear in the succeeding pages.
2-11.1 Change Order Form
2-11.2 Change Order Proposal Forms

(a) Change Order Proposal Summary Report

(b) Labor Cost Report

(d) Material Cost Report

(e) Equipment Cost Report

(f) Special Forces/Services Cost Report
2-11.3 Construction Change Directive Form
2-11.4 Work Directive Form
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CITY OF MANHATTAN BEACH
Project No. P-928

CITY OF MANHATTAN BEACH

PUBLIC WORKS DEPARTMENT
Engineering Division
CONTRACT CHANGE ORDER NO. 1 (Final)
PROJECT NO.:

DESCRIPTION:

TO: Construction Company, Inc.

SUMMARY:

You are hereby instructed to comply with the follow ing changes from the Contract Plans and Specifications:

SUMMARY OF CHANGES
Description
(Detailed Explanation Attached)
Change in
Contract Price 1
Change in
Work Days

1. $0.00

2. Adjustment in Final Bid Quantities $0.00
Net Change in Contract Price and Work Days $0.00 1Deduction or decrease in Contract Price is denoted in parentheses.

The following change is hereby made a part of the C ontract Documents and shall be performed under the same terms and conditions as required by the original Contract Documents. Except as modified herein, the original Contract Documents an d all prior amendments shall remain in full force and effect and all of the terms of the Contra ct Documents are hereby incorporated in this Change Order.

SUMMARY OF ALL CHANGE ORDERS

ORIGINAL CONTRACT AMOUNT .............................. $000,000.00 CCO1 (FINAL) ........................................................................ $0.00 TOTAL ........................................................................ $000,000.00

SUMMARY OF WORKING DAYS

FIRST DAY OF WORK: ........................................................... Date CONTRACT WORKING DAYS ..................................................... X TIME EXTENSION: CCO 1 (Final) ..................... ......................... Y NEW TOTAL WORKING DAYS:............................................... X+Y LAST DAY OF WORK ..................................................... New Date

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CITY OF MANHATTAN BEACH
Project No. P-928

CHANGE ORDER DETAIL

Change Order No.: 1 (Final)
Project No.:

Description:

The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file in the Department of Public Works. Shown as separate paragraphs:
(A) Reason for Change; (B) Description of Change; ( C) Change in Contract Costs; and (D) Change in Completion Date.

Item No. 1:

A. Reason for Change:

Due to conditions encountered during construction, modifications to the amount of Work were determined to be appropriate, and the changes were addressed by means of adjusting applicable contract quantities, as outlined below.

B. Description of Change:

ITEM DESCRIPTION UNIT UNIT
PRICE
BID OR

CURRENT

APPROVED
QTY
FINAL
QTY

CHANGE CHANGE
IN COST 1
New Item 0 0 0 0.00

1Deduction or decrease in Contract Price is denoted in parentheses.

C. Change in Contract Cost:

Add $0.00

D. Change in Completion Date:

Add Y Working Days

Item No. 2:

A. Reason for Change:

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B. Description of Change:

CITY OF MANHATTAN BEACH
Project No. P-928

ITEM DESCRIPTION UNIT UNIT
PRICE
BID OR

CURRENT

APPROVED
QTY
FINAL
QTY

CHANGE CHANGE
IN COST 1
New Item 0 0 0 0.00
1Deduction or decrease in Contract Price is denoted in parentheses.

C. Change in Contract Cost:

Add $0.00

D. Change in Completion Date:

No Change.

SIGNATURE PAGE TO FOLLOW:

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CITY OF MANHATTAN BEACH
Project No. P-928

The original Contract Price was ($0.00). Contract C hange Order No. 1 (Final) increased the Contract Price by ($0.00). The new Contract Price w ill be $00/100, resulting in an increase of approximately 0.00% to the original Contract.

The original Contract Time of X Working Days was ex tended by Y Working Days per Change Order No. 1 (Final). The last contract Working Day is new Date.

Ordered:

Public Works Director
Date:

Concurred by:

City Engineer

Date:

Concurred by:

Project Manager

Date:

Acceptance by the Contractor:

This Change Order is in full compromise and settlement of all adjustments to Contract Time and Contract Price, and compensation for any and all de lay, extended or additional field and home office overhead, disruption, acceleration, ineffici encies, lost labor or equipment productivity, differing site conditions, construction interferenc es and other extraordinary or consequential damages (hereinafter called “Impacts”), including any ripple or cumulative effect of these Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in this Change Order. By execution of thi s Change Order, the Contractor agrees that this Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of any na ture, character or kind arising out of or incidental to this Change Order.

Name: Date:

Title:

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CITY OF MANHATTAN BEACH
Project No. P-928

CHANGE ORDER PROPOSAL FORM (SAMPLE)

2-11.2(a) CONTRACT CHANGE ORDER PROPOSAL SUMMARY REPORT

General Contractor AMOUNT

1. Labor Cost ..................................... ................................................... .............. $

2. Material Cost .................................. ................................................... .............. $

3. Equipment Cost ................................. ................................................... .......... $

4. Special Forces/Services ........................ ................................................... ....... $

Subtotal Contractor Cost• ............................................................................ ............... $

5. Subcontractor/Sub-Subcontractor Name

Labor Cost ........................................ $

Material Cost ..................................... $

Equipment Cost ................................ $

Subtotal Subcontractor/Sub-Subcontractor Cost

6. Subcontractor/Sub-Subcontractor Name

Labor Cost ........................................ $

Material Cost ..................................... $

Equipment Cost ................................ $

Subtotal Subcontractor/Sub-Subcontractor Cost ........................................................ . $

TOTAL CONTRACT CHANGE ORDER COSTS ........................................................ $ Date
CCO Proposal No. Contractor
Item No. Location

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CITY OF MANHATTAN BEACH
Project No. P-928

CHANGE ORDER PROPOSAL FORM (SAMPLE)
2-11.2(b) LABOR COST REPORT Date

CLASSIFICATION AND NAME

HOURS
HOURLY
RATE

EXTENDED

AMOUNTS
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
Classification:

Name:

OT
REG
$
$
$
$
TOTAL LABOR $

Overhead/profit 20%................................................................................... ............. $

Total labor/overhead/profit .......................................................................... ............. $

Subcontractor’s mark-up of total Sub-Subcontractor
labor/overhead/profit (if applicable) 5% ............................................................. ....... $

General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor labor/overhead/profit (if applicable) 5% ................................. $

Total ................................................................................................ ........................ $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location

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CITY OF MANHATTAN BEACH
Project No. P-928

CHANGE ORDER PROPOSAL FORM (SAMPLE)
2-11.2(c) LABOR RATES REPORT Date

CLASSIFICATION:

TAXABLE BASE: AMOUNT
Base Hourly Pay $
Vacation $
TOTAL TAXABLE BASE $

TAXES & INSURANCE PERCENT AMOUNT
Social Security Tax $
State Unemployment Tax $
Federal Unemployment Tax $
Workmen’s Compensation $
Liability & Umbrella Insurance $
TOTAL TAXES & INSURANCE $

FRINGE BENEFITS AMOUNT
Pension $
Health & Welfare $
Training $
Other Fringe Benefits $
TOTAL FRINGE BENEFITS $

AMOUNT $
Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location

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CITY OF MANHATTAN BEACH
Project No. P-928

CHANGE ORDER PROPOSAL FORM (SAMPLE) 2-

11.2(d) MATERIAL COST REPORT

INVOICE
NO.

DESCRIPTION

AMOUNT

1. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $

2. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $

3. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $

SUBTOTAL MATERIAL COST $

NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent date shall be submitted along with the material cost report.

Overhead/profit 15%................................................................................... ............. $

Total material/overhead/profit ....................................................................... ........... $

Subcontractor’s mark-up of total Sub-Subcontractor
material/overhead/profit (if applicable) 5% .......................................................... ..... $

General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor labor/overhead/profit (if applicable) 5% ................................. $

Total ................................................................................................ ........................ $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location

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CITY OF MANHATTAN BEACH
Project No. P-928

CHANGE ORDER PROPOSAL FORM (SAMPLE)
2-11.2(e) EQUIPMENT COST REPORT

EQUIPMENT NO.
(Description, Type, Size)

HOURS

HOURLY RATE

EXTENDED

AMOUNTS

SUBTOTAL EQUIPMENT COST $

Overhead/profit 15%................................................................................... ............. $

Total equipment/overhead/profit ...................................................................... ........ $

Subcontractor’s mark-up of total Sub-Subcontractor
equipment/overhead/profit (if applicable) 5% ......................................................... .. $

General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor equipment/overhead/profit (if applicable) 5% ......................... $

Total ................................................................................................ ........................ $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location

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CITY OF MANHATTAN BEACH
Project No. P-928

CHANGE ORDER PROPOSAL FORM (SAMPLE)

2-11.2 (f) SPECIAL FORCES/SERVICES COST REPORT

INVOICE
NO.

DESCRIPTION

AMOUNT

1. $
$
Subtotal $

2. $
$
Subtotal $

3. $
$
Subtotal $

SUBTOTAL MATERIAL COST $

NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent date shall be submitted along with the special forces/services cost report.

Overhead/profit 15%................................................................................... ............. $

Total Special Forces/Services/Overhead/Profit ................................................... $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location

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2-11.3 CONSTRUCTION CHANGE DIRECTIVE

CITY OF MANHATTAN BEACH
Project No. P-928

Distribution to: CITY CONTRACTOR OTHER PROJECT MANAGER

PROJECT: DIRECTIVE NO.:

DATE:

CONTRACT DATE:

TO CONTRACTOR: CONTRACT FOR:

You are hereby directed to make the following change(s) to this Contract:

PROPOSED ADJUSTMENTS

1. The proposed basis of adjustment to the Contract Price is:
[ ] Lump Sum (increase) (decrease) of $
[ ] Unit Price of $ per
[ ] Daily time and materials records of actual costs plus a overhead and profit, as provided in Subsection 2-8, “Extra Work,” the Standard Speci fications and the General Provisions, [subject to a Not-To-Exceed Amount of $ ].\ [ ] as follows:

2. The Contract Time is proposed to (be adjusted) ( remain unchanged). The proposed adjustment, if any, is (an increase of days) (a d ecrease of days).

If the Contractor disagrees with the proposed adjustments, it must submit its own proposal within ten days of the date of this Construction Change Directive pursuant to Contract Documents or the proposed adjustment will become final and binding on the Contractor.

When signed by the City and received by the Contrac tor, this document becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with the change(s) described above.

Ordered:

Public Works Director
Date:

Concurred by:

City Engineer
Date:

Concurred by:

Project Manager
Date:
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2-11.4 WORK DIRECTIVE

CITY OF MANHATTAN BEACH
Project No. P-928

Distribution to: CITY CONTRACTOR FIELD OTHER PROJECT MANAGER

PROJECT: WORK DIRECTIVE NO.:

DATE:

CONTRACT DATE:

TO CONTRACTOR: CONTRACT FOR:

You are hereby directed to continue performance of the following Work, without delay, pending resolution of the dispute concerning such Work and maintain the cost data described in Subsection 2-8, “Extra Work,” of the Standard Specifications and the General Provisions to the Contract for the performance of such Work:

Neither the issuance of this Work Directive nor the requirement for the Contractor to maintain cost data constitutes approval by the City of a change i n the Work or modification of the Contract Documents.

Ordered:

Public Works Director
Date:

Concurred by:

City Engineer
Date:

Concurred by:

Project Manager
Date:
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SECTION 3. CONTROL OF THE WORK

The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications, unless specifically noted below.

3-1 ASSIGNMENT

Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bo nds in the amounts originally required under the Contract Documents; and (2) the assignee supply ing all of the required insurance in the amounts required in the Contract Documents. Until t he Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until t he assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.

3-3 SUBCONTRACTORS

Add the following subsections:

3-3.1 Subcontractors.

Add the following sections:

Subcontractors shall be listed by the Bidder in accordance with these specifications and must be properly licensed under the laws of the State of Ca lifornia for the type of work which they are to perform. Copies of all Subcontracts shall be made a vailable to the Engineer, upon request.

3-3.2 A Subcontractor whose prosecution of the work is not satisfactory shall be terminated immediately by the Contractor upon the receipt of a written notice by the Engineer. Subcontractors whose work was determined to be unsatisfactory shall not be allowed to perform any work on the job site.

3-5 INSPECTION

Add the following paragraph:

The Contractor shall arrange and pay for all off-si te inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.

Add the following paragraphs:

3-5.1 Inspection

An inspector shall in no case act as foreman or per form other duties for the Contractor, nor interfere with the Contractor’s management of the Work. Any advice which an inspector may give 12100-0001\2654178v1.doc
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the Contractor shall not be binding to the Engineer or to the City, or release the Contractor from fulfilling all the terms of the Contract.

No partial payment, inspection, taking possession of, or other act made or done by the Engineer or the City with respect to the work prior to final completion and acceptance thereof shall affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the complete fulfillment of all the provisions of the Contract.

If the Engineer deems it expedient and not in the best interest of the City to correct work injured or done not in accordance with the Contract, the de fective work may be accepted subject to an equitable deduction from the Contract Price which m ay be made therefore by the City upon certification from the Engineer.

Reexamination of any work may be ordered by the Engineer at any time prior to Final Acceptance and, if so ordered, the work must be uncovered by t he Contractor. If such work be found in accordance with the Contract, the City will pay the cost of reexamination and replacement. If such work be found defective or not in accordance with t he Contract, the Contractor shall pay such costs.

3-7 CONTRACT DOCUMENTS

3-7.1 General

All final locations determined in the field, and an y deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurr ed during construction. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.

Where a work feature is shown on the drawings or id entified in the Specifications but is not specifically indicated as an item in the Bid Schedu le, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid.

3-7.2 Precedence of the Contract Documents
The following shall replace Section 3-7.2:

With regard to Section 3-7.2 in the Standard Specif ications, the Special Provisions shall control over the General Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows:

1. Requirements of law.

2. Permits issued by regulatory agencies with juris diction.

3. Change Orders and Supplemental Agreements, which ever occurs last.

4. Contract.

5. Addenda.

6. Notice Inviting Bids.

7. Instructions to Bidders.

8. Bid/Proposal.

9. Special Provisions.
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10. General Provisions.

11. Plans.

12. Standard Plans.

13. Standard Specifications.

14. Reference Specifications.

3-8 SUBMITTALS.

3-8.1 General

The following paragraphs shall be added at the end of Subsection 3-8.1:

The Contractor shall, at its own expense, transmit to the Engineer for review and acceptance, working drawings, shop drawings, supporting informa tion, and/or other available instructive and descriptive information from the manufacturer, when and as required by the Plans or General Provisions or requested by the Engineer. Shop drawi ngs will not be required for standard items in common use for which adequate manufacturers’ lit erature is available unless otherwise required by the Engineer.

The Contractor shall consecutively number, thorough ly check, approve and sign each submittal and transmit the submittals to the Engineer for rev iew. In the event that certain submittals are submitted without the Contractor’s approval signature or are unacceptable to the City, they shall be rejected by the Engineer. The Contractor shall thereafter correct the submittals and resubmit.

In the event that in the process of development of the submittals it is discovered that there are defects and/or errors on the Plans that result in conflict between the Plans and the submittals, or if the submittals show variation from the Plans or other Contract Documents, the Contractor shall thoroughly describe and explain any defects and/or conflicts in its transmittal letter to the Engineer.

The Engineer’s review of the submittals will be for general design and arrangement only, and shall not relieve the Contractor from responsibility for errors of any sort in the submittals or of the responsibility for executing the work in accordance with the Contract Documents. The Contractor shall allow a minimum of 20 Working Days for review of submittals. The Contractor shall be solely responsible for the correctness of the submittals, for shop fits and field connections, and for the results obtained by use of such submittals. The Con tractor shall verify and be fully responsible for all dimensions and job-site conditions affecting the Work and shall be responsible for furnishing and installing the proper materials required by the Contract Documents.

The Contract Time will not be extended due to the failure of the Contractor to provide submittals as required by the Contract Documents in a timely manner.

3-9 SUBSURFACE DATA

The following paragraphs shall be added at the end of Subsection 3-9:

If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has b een prepared for the Project, the Contractor may inspect the records pertaining to such investig ations subject to and upon the conditions hereinafter set forth. The inspection of the record s shall be made in the office of the Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations. 12100-0001\2654178v1.doc
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The records of any such investigations are made ava ilable solely for the convenience of the Contractor. It is expressly understood and agreed t hat the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof , and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.

The Contractor represents that it has studied the P lans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.

No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploratio n or any other report or data furnished or not furnished by the City.

3-10 SURVEYING

The following paragraph shall be added before the first paragraph of Section 3-10.1:

The Contractor shall verify all dimensions on the d rawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Pr oject Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq ). All Project surveying notes and “cut-sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.

The Contractor is responsible for hiring a Surveyor to set survey points to be used for re- establishments of disturbed monuments and submit Co rner Records to the County Surveyor.

Copy of the submitted Corner Records must be provided to the City prior to actual disturbance of the monuments. The Contractor shall also cause all disturbed survey monuments within the project work area to be re-established at the end o f the project. This also includes filing Corner Records and Record of Survey with the County Surveyor within 7 days of substantial completion of the construction work and submitting a copy to t he City of the filed paperwork receipt within 2 days of submission. The Contractor is required to p rovide a copy of the County Surveyor’s acceptance within 2 days of receipt from the County Surveyor.

Construction stakes shall be set and stationed by the Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and repla cement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense.

3-11 CONTRACT INFORMATION SIGNS

Section 3-11 of the Standard Specifications shall n ot be incorporated, and shall instead be replaced with the following:
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The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the publ ic right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

3-12 WORKSITE MAINTENANCE

The following paragraphs shall be added at the end of Section 3-12.1:

Clean-up shall be done as Work progresses at the en d of each day and thoroughly before weekends. The Contractor shall not allow the Work s ite to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation, including suspension of work, and until the final acceptance. Materials which need to be disposed shall not be stored at the Project site , but shall be removed by the end of each Working Day. Failure of the Contractor to comply wi th the Engineer's clean up orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted b y the City and shall be back-charged to the Contractor and deducted from the Contract Price.

The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas wi thin Work site may be used for temporary storage; however, the Contractor shall be responsib le for obtaining any necessary permits from the City. In any case, the Contractor’s equipment a nd personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store pro ducts in accordance with the manufacturer’s written recommendations and by methods and means th at will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long- term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordinatio n to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for ins pection. The Contractor shall periodically inspect to ensure products are undamaged and are maintained under required conditions.

The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, lumber, concrete forms, construction equipment, and temporary structures and facilities used during construction. Excess excavat ed material from catch basins or similar structures shall be removed from the site immediate ly. Sufficient material may remain for use as backfill if permitted by the Specifications or Engi neer. Before final inspection of the work, the Contractor shall clean the right of way, private property, material sites, and all ground occupied by the Contractor in connection with the work of all r ubbish, weeds, unwanted plants/trees, excess and unused materials, falsework, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition. Final Acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.

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sole responsibility of the Contractor. Full compens ation for collecting and disposing of loose material and debris from the job site shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.

Pursuant to the provisions of Section 3-12 and Sect ion 5-7 of the Standard Specifications and these General Provisions, the Contractor is responsible for Project site maintenance and for public convenience and safety. Payment for compliance with these provisions is considered as included in the prices bid for other contract items.

The City, however, to maintain good public relation s, may deem it necessary to require special Project site maintenance, and public convenience and safety actions and work to be performed by the Contractor that are over and above those required by the provisions of Section 3-12 and Section 5-7 of the Standard Specifications and these General Provisions.

These actions and work shall be as directed by the Engineer in writing and payment for compliance therewith shall be on a cost plus basis for extra work per Section 7-4 of the Standard Specifications and applied against the not-to-excee d bid item for “Special Project Site Maintenance and Public Convenience and Safety.”

The first sentence of Section 3-12.4.2 shall not be incorporated, and shall instead be replaced with the following:

Construction materials and equipment shall not be s tored in streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.

3-13 COMPLETION, ACCEPTANCE AND WARRANTY

The following paragraph shall be added at the beginning of Section 3-13.1:

The Contractor shall complete all Work under the Co ntract within the stipulated Working Days from the Notice to Proceed, as stated in the Contra ct. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Pro ceed, the Contractor shall process Shop Drawings and begin procuring equipment and materials.

3-13.2 Acceptance

The following paragraph shall replace Section 3-13.2:

The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all W ork required by the Contract Documents has been fully completed in compliance with the Contrac t Documents and all Applicable Laws including, but not limited to, correction or comple tion of all punch list items, the Work site is cleaned up in accordance with Section 3-12 of the S tandard Specifications, the General Provisions, and the Special Provisions, and all of the following items have been received by the Engineer:

1. A form of Notice of Completion, with all informa tion required by the California Civil Code;

2. All written guarantees, warranties, and special warranties if applicable;

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3. All “as-builts” and record drawings;

4. Duly completed and executed forms of Conditional Waiver and Release On Final Payment from the Contractor, Subcontractors of any tier, su ppliers, and other person eligible to file stop notices in connection with the Work; and

5. Duplicate copies of all operating instructions a nd manufacturer’s operating catalogs and data, together with such field instructions as nece ssary to fully instruct City personnel in correct operation and maintenance procedures for all equipm ent installed listed under the electrical, air conditioning, heating, ventilating and other trades . This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven Working D ays’ notice for final inspection. Such notice shall be submitted to the Engineer in writing.

3-13.3 Warranty

The following paragraph shall be added at the end of Section 3-13.3:

For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Engineer’s acceptance of the final item(s) on that punchlist.

The Contractor shall repair or replace defective materials and workmanship as required in Section 3-13.3 of the Standard Specification at its own exp ense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and th at no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract a nd the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.

SECTION 4. CONTROL OF MATERIALS

4-1 GENERAL

The provisions below shall supplement but not repla ce those provisions in Section 4-1 of the Standard Specifications.

The first paragraph of Section 4-1 is replaced with the following:

Wherever applicable, materials shall conform to the latest Standards of the American Society for Testing Materials. All workmanship in the fabrication, assembly and construction of materials and equipment shall be neat and workmanlike in every respect. All equipment offered shall be of the manufacturer’s latest design.

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The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.

The following subsection shall be added to Section 4-1:

4-1.1 Property Rights in Materials

Nothing in the Contract shall be construed as vesting in the Contractor any right, title, or interest in material used in the Work after it has been attached or affixed to the Work or the soil. All such material shall become the property of the City upon being so attached or affixed.

4-2 PROTECTION

Add the following at the end of Subsection 4-2:

Materials shall not be stored in the right-of-way unless written permission is given by the Engineer.

4-4 TESTING

Delete Subsection 4-4 in its entirety and substitute the following:

Unless otherwise called for in the Special or Gener al Provisions, all testing of materials will be performed by the City in such number and at such lo cations as deemed necessary by the Engineer to ensure compliance with the Contract Documents. The cost of all testing that can be performed within 50 miles of the Project will be borne by the City. The cost of all testing that must be performed 50 miles or more from the Project will be borne by the Contractor. The cost of all re- testing will be borne by the Contractor, and the am ount due the City for the re-testing will be deducted from the Contract Price via Change Order.

The cost of rework material testing, overtime, trav el and other related costs incurred by the City will be deducted from the Contract Price via Change Order.

4-6 TRADE NAMES

The following paragraph shall be added to Section 4-6:

If the Contractor requests to substitute an equival ent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Con tractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer to determine equivalence, no later than ten calendar days after the award of the Contract, unless a different deadline is listed in the Special Provisions.

4-9 RECYCLING OF MATERIALS

Subsection 4-9 is hereby added to the Standard Specifications as follows:

4-9.1 Recycling Requirement

Recycling of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are required.
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The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with the requirements of t his Section will result in delay of progress payment.

4-9.2 Contractor’s Obligation

The City is committed to a recycling program. If av ailable, it is the obligation of the Contractor, under the Contract, to recycle the waste material t hrough an approved recycling plant. Records and reports of waste recycle will be submitted to the City on a regular monthly basis.

SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES

The provisions below shall supplement but not replace the provisions in Section 5 of the Standard Specifications.

5-3 LABOR

5-3.1 General

The following subsection shall be added to Section 5-3.1:

5-3.1.1 Public Work
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq . (“Chapter 1”), and that this Project is subject t o (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor sha ll comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.

5-3.2 Prevailing Wages

The following subsections shall be added to Section 5-3.2:

5-3.2.1 Copies of Wage Rates

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

5-3.2.2 Failure to Pay Prevailing Rates

The Contractor shall comply with and be bound by th e provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in whic h the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.

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5-3.2.3 Debarment or Suspension

The Contractor shall not perform Work with any Subc ontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the d uration of the Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

5-3.3 Payroll Records

The following paragraph shall be added to Section 5-3.3:

The Contractor shall comply with and be bound by th e provisions of Labor Code Section 1776, which requires the Contractor and each Subcontracto r to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion ther eof, for each worker, until strict compliance is effectuated. Upon the request of the Division of La bor Standards Enforcement, these penalties shall be withheld from progress payments then due.

5-3.4 Hours of Labor

The following shall replace Subsection 5-3.4:

The Contractor acknowledges that eight hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit $25.00 for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which su ch worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

5-3.5 Apprentices

The following paragraph should be added at the end of Subsection 5-3.5:

The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq . concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within 60 Days a fter concluding Work, Contractor and each of its Subcontractors shall submit to the City a ve rified statement of the journeyman and 12100-0001\2654178v1.doc
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apprentice hours performed under this Contract.

5-3.6 Registration with the DIR

Subsection 5-3.6 is hereby added to the Standard Specifications as follows:

In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or Subcontractor shall be qualified to bid on, be listed in a bid proposal , subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performa nce of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.

5-3.7 Compliance Monitoring and Posting Job Sites

Subsection 5-3.7 is hereby added to the Standard Specifications as follows:

This Project is subject to compliance monitoring an d enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.

5-3.8 Subcontractors

Subsection 5-3.8 is hereby added to the Standard Specifications as follows:

For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the Genera l Provisions and a requirement that each Subcontractor shall comply with those provisions. T he Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.

5-3.9 Prevailing Wage Indemnity

Subsection 5-3.9 is hereby added to the Standard Specifications as follows:

To the maximum extent permitted by law, the Contrac tor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independ ent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5- 3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including w ithout limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.9 shall survive expiration or termination of the Contract.

5-4 INSURANCE

The first paragraph of Section 5-4.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:
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The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys , agents, designated volunteers, and independent contractors in the role of City officia ls as insureds or additional insureds regardless of any inconsistent statement in the pol icy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract.

The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-5.

Additionally, the Contractor shall name LACDA, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers (collect ively LACDA and its Agents) and County of Los Angeles as additional insured(s).

The Contractor shall at all times during the term o f the Contract carry, maintain, and keep in full force and effect the insurance referenced in Sectio n 5-4 of the Standard Specifications, as modified below.

The following provisions are hereby added to Section 5-4.1 of the Standard Specifications:

5-4.1.1 Acceptability of Insurers.

The insurance policies required under this Section 5-4 shall be issued by an insurer authorized or admitted to write insurance in the State of Califor nia with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 5-4.

5-4.1.2 Additional Insured.

The City, its elected and appointed officials, offi cers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policie s shall contain an endorsement naming City, its officers, employees, agents and volunteers as a dditional insureds. This provision shall also apply to any excess/umbrella liability policies.

Additionally, the Contractor shall name LACDA, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers (collectively LACD A and its Agents) and County of Los Angeles as additional insured(s).

5-4.1.3 Primary and Non-Contributing.

The insurance policies required under this Section 5-4 shall apply on a primary non-contributing basis in relation to any other insurance or self-in surance available to the City. Any insurance or self-insurance maintained by the City, its officers , employees, agents or volunteers, shall be in excess of the Contractor’s insurance and shall not contribute with it. This provision shall also apply to any excess/umbrella liability policies.

5-4.1.4 Contractor’s Waiver of Subrogation.

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Contractor’s employees, agents or Subcontractors from waiving the right of subrogation prior to a loss. The Contractor hereby waives all rights of subrogation against the City, LACDA, and County of Los Angeles.

5-4.1.5 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, the Contractor shall either reduce o r eliminate the deductibles or self-insured retentions with respect to the City, or the Contractor shall procure a bond guaranteeing payment of losses and expenses.

5-4.1.6 Cancellations or Modifications to Coverage.

The Contractor shall not cancel, reduce or otherwis e modify the insurance policies required by this Section 5-4 during the term of the Contract. T he commercial general and automobile liability policies required under the Contract shall be endor sed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to the City. If any insurance policy required under this Section 5-4 is canceled or reduced in coverage or limits, the Contractor shall , within two business days of notice from the insurer, phone, fax or notify the City via certified mail, return receipt requested, of the cancellation of or changes to the policy

5-4.1.7 City Remedy for Noncompliance.

If the Contractor does not maintain the policies of insurance required under this Section 5-4 in full force and effect during the term of the Contract, or in the event any of the Contractor’s policies do not comply with the requirements under this Section 5-4, the City may either immediately terminate the Contract or, if insurance is available at a reasonable cost, the City may, but has no duty to, take out the necessary insurance and pay, at the Contractor’s expense, the premium thereon. The Contractor shall promptly reimburse the City for any premium paid by the City or the City may withhold amounts sufficient to pay the premiums from payments due to the Contractor.

5-4.1.8 Evidence of Insurance.

At least two Working Days prior to the performance of Services under the Contract, the Contractor shall furnish the City’s Risk Manager with a certificate or certificates of insurance and all original endorsements (both of which must reference the same Policy number), evidencing and effecting the coverages required under Section 5-4 of the Sta ndard Specifications, as modified by this Section 5-4. The endorsements are subject to approv al by the City’s Risk Manager and LACDA.

The Contractor may provide complete, certified copi es of all required insurance policies to the City. The Contractor shall provide proof to the City’s Risk Manager that insurance policies expiring during the term of the Contract have been renewed o r replaced with other policies providing at least the same coverage. The Contractor shall furni sh such proof at least two weeks prior to the expiration of the coverages.

The endorsements are to be signed by a person autho rized by that insurer to bind coverage on its behalf. The endorsements must specifically name the City of Manhattan Beach and its elected and appointed officials, officers, employees, attor neys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Additionally, the Contractor shall name LACDA, its Special Distri cts, Elected Officials, Officers, Agents, Employees and Volunteers (collectively LACDA and it s Agents) and County of Los Angeles as 12100-0001\2654178v1.doc
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additional insured(s). The Contractor shall maintai n current insurance certificates and endorsements on file with the City’s Risk Manager and LACDA office at all times during the term of this Contract. The City reserves the right to re quire complete, certified copies of all required insurance policies at any time.

Where the Contractor has entered into an agreement with a Professional Employment Organization (PEO) to provide human resources, work ers' compensation insurance, or other benefits to the Contractor's employees, the Contrac tor must also submit the agreement with the PEO. If the evidence of insurance submitted by the Contractor pursuant to this Section 5-4 evidences that the insurance is provided by the PEO, all such PEO-provided insurance coverages and indemnities must comply with the requirements o f these Contract Documents.

5-4.1.9 Indemnity Requirements not Limiting.

Procurement of insurance by the Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of the Contractor’s duty to indemnify the City under Section 5-8 of the Contract.

5-4.1.10 Subcontractor Insurance Requirements.

The Contractor shall require each of its Subcontractors that perform Services under the Contract to maintain insurance coverage that meets all of the requirements of this Section -5-4.

5-4.1.11 Replacement Insurance

The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.

The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addit ion to all other legal options available to the City to enforce the insurance requirements.

5-4.1.12 Subcontractors

The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.

The provisions below shall supplement but not replace those provisions in Sections 5-4.2, 5-4.3, and 5-4.4 of the Standard Specifications.

5-4.2 General Liability Insurance

Instead of the minimum limits listed in Section 5-4.2 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Commercial General Liability Insurance w ith a minimum limit of $2,000,000 per occurrence for bodily injury, personal injury and p roperty damage, $2,000,000 products/completed/on-going operations aggregate, and a general aggregate limit of $2,000,000 per project or location. If the Contractor is a lim ited liability company, the commercial general liability coverage shall be amended so that the Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

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5-4.3 Workers’ Compensation Insurance

Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000 per ac cident for bodily injury or disease. If the Contractor has no employees while performing the Wo rk under the Contract, a Workers’ Compensation policy is not required, but the Contractor shall execute a declaration that it has no employees.

5-4.4 Automobile Insurance

Instead of the minimum limits listed in Section 5-4.4 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Automobile Liability Insurance for any o wned, non-owned or hired vehicle used in connection with the performance of the Contract wit h a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If the Contractor does not use any owned, non-owned or hired vehicles in the performance of t he Work under this Contract, the Contractor shall obtain a non-owned auto endorsement to the Co mmercial General Liability policy required by Subsection 5-4.2.

5-4.5 Insurance Requirements not Limiting

Subsection 5-4.5 is hereby added to the Standard Specifications as follows:

If the Contractor maintains broader coverage and/or higher limits than the minimums required above, the City requires and shall be entitled to t he broader coverage and/or the higher limits maintained by the Contractor. Any available insuran ce proceeds in excess of the specified minimum limits of insurance and coverage shall be a vailable to the City. No representation is made that the minimum insurance requirements of thi s Contract are sufficient to cover the obligations of the Contractor under this Contract.

5-4.6 NOT USED.

5-4.7 Pollution Liability Insurance

Add section 5-4.7 for Pollution Liability Insurance requirements of LACDA for CDBG projects (see Appendix IV LACDA Insurance Requirements Exhibit B for additional specifications). The Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Pollution Liability Insura nce in connection with the performance of the Contract with a minimum $2,000,000 general aggregat e and $1,000,000 each occurrence limit and shall include but not be limited to coverage for any and all remediation costs.

5-7 SAFETY

The provisions below shall supplement but not replace those provisions in Subsection 5-7 of the Standard Specifications.

5-7.8 Steel Plate Covers
5-7.8.1 General
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with steel plate covers.

5-8 INDEMNIFICATION

The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.

5-8.1 Contractor’s Duty.

To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its electe d officials, officers, attorneys, agents, employees, designated volunteers, successors, assig ns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor, its off icers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of t he Indemnitees, as determined by final arbitration or court decision or by the agreement o f the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in conne ction with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and ex penses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

5-8.1.1 Taxes and Workers’ Compensation

The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any a nd all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply wit h the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City harmless from any failure of the Contractor to comp ly with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.

5-8.1.2 Subcontractor Indemnity Agreements

The Contractor shall obtain executed indemnity agre ements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performa nce of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor s hall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or 12100-0001\2654178v1.doc
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employees (or any entity or individual that the Con tractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contra ct, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

5-8.2 Workers’ Compensation Acts not Limiting.

The Contractor’s indemnifications and obligations u nder this Section 5-8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees and volunteers.

5-8.3 Insurance Requirements not Limiting.

The City does not, and shall not, waive any rights that it may possess against the Contractor because of the acceptance by the City, or the depos it with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5-8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against the City.

5-8.4 Survival of Terms.

The Contractor’s indemnifications and obligations u nder this Section 5-8 shall survive the expiration or termination of the Contract.

5-8.5 Civil Code Exception.

Nothing in this Section 5-8 shall be construed to e ncompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limi ted extent that the underlying Contract Documents are subject to Civil Code Section 2782(b) , provided such sole negligence, willful misconduct or active negligence is determined by ag reement between the parties or by the findings of a court of competent jurisdiction.

5-8.6 Nonwaiver of Rights.

Indemnitees do not and shall not waive any rights t hat they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Doc uments. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

5-8.7 Waiver of Right of Subrogation.

The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.

SECTION 6. PROSECUTION AND PROGRESS OF THE WORK
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The provisions below shall supplement but not repla ce those provisions in Section 6 of the Standard Specifications.

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE W ORK

6-1.1 Construction Schedule

In addition to the construction schedule required p ursuant to Section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its mo nthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

One week before the scheduled pre-construction meet ing, the Contractor must submit a construction schedule to the Engineer for review an d approval. The Contractor shall make revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The C ontractor shall update this Construction Schedule when directed by the Engineer, or when:

a. A Change Order significantly affects the Contrac t completion date or the sequence of construction approach or activities; or

b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.

6-1.1.1 Pre-Construction Conference

Subsection 6-1.1.1 is hereby added to the Standard Specifications as follows:

Approximately five Days before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractor s that the Contractor deems appropriate.

Attendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its 24-hour emergency telephone numbers to the Engineer for approval a minimum of two Working Days before the pre-construc tion conference. Unless previously submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following:

1) Construction Schedule.
2) Procurement schedule of major equipment and mate rials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price b reakdown) for progress payment purposes.
5) Written designation of the on-site field superin tendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate respo nsible personnel and establish a working relationship. The parties will discuss matt ers requiring coordination and establish 12100-0001\2654178v1.doc
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procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribu tion of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative sta tes is relevant to the meeting.

6-1.1.2 Weekly Progress Meetings

Subsection 6-1.1.2 is hereby added to the Standard Specifications as follows:

Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor.

The Contractor shall provide a two-week “look ahead ” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.

6-2 PROSECUTION OF THE WORK

Add the following as Section 6-2.1:

6-2.1 Excess Cost of City Personnel and Inspection Personnel

For any overtime or emergency work beyond a regular eight-hour day and for any work performed on Saturday, Sunday, or holidays, the cha rges for City personnel and City consultants/independent contractors, including insp ection, required on the job site shall be the responsibility of the Contractor and all costs ther efor shall be deducted from the payments due the Contractor. The cost of City personnel and City consultants/independent contractors shall be computed pursuant to the actual costs incurred by City, including but not limited to, overtime costs, fringe benefits, and overhead costs.

6-3 TIME OF COMPLETION

6-3.2 Contract Time Accounting

Add the following at the end of Subsection 6-3.2:

The Contract Time for completion of the Work, including corrective items of Work, shall be in accordance with Section 4 of the Contract. Contr act Time extensions, when granted by the 12100-0001\2654178v1.doc
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Engineer, will be in Working Days and in accordance with the Contract Documents, and will be set forth in writing via Change Order.

Add the following as Section 6-3.2.1:

6-3.2.1 Hours of Work

The Contractor shall not conduct any operations or perform any Work pertaining to the Project outside the working days and hours as defined in Section 10-8 Working Days and Hours.

In the event that the Contractor abuses the hours of work requirement, a written warning will follow.

After each additional warning, a $200.00 penalty will be deducted from the Contract amount.

6-4 DELAYS AND EXTENSIONS OF TIME

Add the following at the end of Subsection 6-4:

Unless otherwise agreed in writing, an adjustment t o the Contract time by reason of a Change Order shall be agreed to at the time the Cha nge Order is issued and accepted by the Contractor. If the Change Order does not reserve th e right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.

6-4.2 Extensions of Time

Add the following at the end of Subsection 6-4.2:

In the event it is deemed appropriate by the City t o extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time rel ieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties sha ll be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work.

6-4.3 Payment for Delays

Add the following at the end of Subsection 6-4.3:

Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or mark up is agreed upon b y the City, the Contractor agrees that no payment of compensation of any kind shall b e made to the Contractor for damages or increased overhead costs caused by any delays in th e progress of the Contract, whether such delays are avoidable or unavoidable or caused by an y act or omission of the City or its agents.

Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change 12100-0001\2654178v1.doc
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Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor.

6-6 SUSPENSION OF THE WORK

6-6.1 General

Add the following paragraph following paragraph at the end of Subsection 6-6.1:

In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall not relieve the Contractor of its responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extens ion of the time for completion, and further, such suspension of work shall not entitle the Contractor to any additional compensation.

6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE

In addition to the reasons for termination listed i n Section 6-8 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contract for any other reason or for no reason upon 30 Days’ written notice. The rest of the procedure outlined in Section 6-8 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to the Contractor for the full performance of the services described in the Contract.

Furthermore, some of the City’s projects are funded in whole or in part by funds other than the City’s General Fund. If this Project is funded by such external funds in whole or in part, or if those external funds are terminated or reduced at a ny time and for any reason or for no reason at all, and the City determines at its discretion t hat no other funding is available for continuation of this Project, the City will not be obligated to continue funding for the services contained in these Contract Documents and may terminate the Project im mediately. The City shall reimburse the Contractor for its work satisfactorily completed un til the termination date. In no event shall the total amount of money to the Contractor exceed the amount which the City has received in funding from its external source. The Special Provisions ma y include further details in this regard.

6-9 LIQUIDATED DAMAGES

For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been co mpleted in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 3-13.1 of the Standard Specifications. The liquidated damages value is hereby amended to be $500 per day.

SECTION 7. MEASUREMENT AND PAYMENT

The provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications.

7-1 MEASUREMENT OF QUANTITIES OF UNIT PRICE WORK

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7-1.1 General

Add the following at the end of Subsection 7-1.1:

All items of Work which are not designated on the Bid Schedule by the letters “F” or “LS” or words “Final” or “Lump Sum” shall have final pay quantities measured and paid for in accordance with the Standard Specifications and these General Provisions. 7-1.2 Methods of Measurement

Add the following at the end of Subsection 7-1.2:

The Contract Price shall constitute full compensati on for all labor, equipment, materials, tools and incidentals required to complete the Proj ect as outlined in these Contract Documents and as directed by the Engineer.

7-2 LUMP SUM WORK

Delete the first sentence of Subsection 7-2 and substitute the following:

Items of Work which are designated by the letters “ LS” or the words “Lump Sum” in the Estimated Quantities column of the Bid Schedule shall be paid for at the price indicated in the Bid, unless the dimensions of the Work, as shown on the Plans, are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such Work, the final payment for the lump sum item will be revised in proportion to the change in dimensions authorized by Change Order.

Add the following at the end of Subsection 7-2:

The Contractor shall submit a Work item breakdown o f the Bid, described in the second paragraph of Subsection 7-2, “Lump Sum Work,” of th e Standard Specifications, within ten Working Days after award of the Contract and/or at any other time as required by the Engineer.

No guarantee is made regarding the amount of Work required to complete a lump sum item of Work.

7-2.1 Progress Payments for Lump Sum Items of Work

The word “Complete” in the Estimated Quantities col umn of the Bid Schedule for a lump sum item of Work shall mean that payment for that i tem will only be made after all Work for that item has been completed. The “%” symbol in the Estimated Quantities column of the Bid Schedule for a lump sum item of Work shall mean that progress payments for that item will be allowed based on the percentage of completion as determined by the Engineer in each pay period, typically every 30 days. (See Subsection 7-3.2 of the Standard Specifications and these General Provisions.)

7-3 PAYMENT

7-3.1 General

Add the following at the end of Subsection 7-3.1:

In accordance with Public Contract Code Section 7107, if no claims have been filed and are still 12100-0001\2654178v1.doc
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pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes.

Whenever the Contractor is required to perform work or furnish equipment, labor, tools, and materials of any class for which no price is fixed in the proposal, it shall be understood that such work, equipment, labor, tools, and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools, and materials shall be included in the unit bid prices in the proposal most closely related to the work and no additional compensation will be made thereof.

If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the Specifications and Contr act drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable.

Delete the tenth paragraph of Subsection 7-3.1 and substitute the following:

Not later than 60 days from the date of Final Accep tance, the five percent deducted and retained from each progress estimate (see Subsectio n 7-3.2 of the Standard Specifications and these General Provisions) by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.

7-3.2 Partial and Final Payment

7-3.2.1 Monthly Closure Date and Invoice Date

Subsection 7-3.2.1 is hereby added to the Standard Specifications as follows:

The Contractor shall prepare and submit the form attached herewith (see Appendix I), or its own form in an identical format, to the Engineer for al l requests for progress payments for the work performed in accordance with the provisions of the Contract during the preceding month. The progress payment request shall be submitted monthly, and a maximum of one progress payment request may be submitted each month. The Contractor shall submit a Conditional Waiver and Release Form (Civil Code Section 8132) with the app licable monthly progress payment request.

Progress payment requests associated with work comp leted prior to June 30th (the end of the City’s fiscal year), must be submitted no later tha n July 30th.The Contractor shall submit a Unconditional Waiver and Release Form(Civil Code Se ction 8134) with the monthly progress payment after the first progress payment.

7-3.2.2 Payments

Subsection 7-3.2.2 is hereby added to the Standard Specifications as follows:

The City shall make payments within 30 Working Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City s hall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven Working Days after receipt, and shall explain in writing the reasons why the payment 12100-0001\2654178v1.doc
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request is not proper. Acceptance by the Contractor of the payment made in accordance with the final estimate shall be a release to the City, its officers, agents, and employees excepting only claims against the City for any amount withheld by it at the time of such payment.

7-3.2.3 Retention

Subsection 7-3.2.3 is hereby added to the Standard Specifications as follows:

The City shall withhold not less than five percent from each progress payment. The City shall withhold not less than five percent of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least 35 days after re cordation of the Notice of Completion, or recordation of a notice of cessation, but not longe r then the period permitted by Public Contract Code Section 7107.

In addition to retained percentage and liquidated d amages, the City may withhold payments to the Contractor including for defective work not rem edied and other valid claims against the Contractor.

7-3.2.4 Final Invoice and Payment

Subsection 7-3.2.4 is hereby added to the Standard Specifications as follows:

Whenever the Contractor shall have completely perfo rmed the Contract in the opinion of the Engineer, the Contractor shall submit to the Engineer a written statement of the final quantities of Contract items in the form of the final invoice, which must have an identical format to the progress payment request form attached herewith (see Appendi x I). Upon receipt of the final payment request, the Engineer shall check the quantities in cluded therein and shall authorize a payment amount, which in the Engineer’s opinion shall be ju st and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Contractor shall submit a Conditional Waiver and Release form (Civil Code Section 8136) with the Final Payment request. The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control s et of Plans and Specifications showing the redlined as-built conditions.

Final payment requests associated with work completed prior to June 30th (the end of the City’s fiscal year), must be submitted no later than July 30th.

7-3.2.5 Substitute Security

Subsection 7-3.2.5 is hereby added to the Standard Specifications as follows:

In accordance with Public Contract Code Section 223 00, the Contractor may request that it be permitted to substitute securities in lieu of havin g retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.

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Subsection 7-3.2.5.1 is hereby added to the Standard Specifications as follows:

At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit t he substitution of retentions with securities equivalent to the amount estimated by the City (“es timated amount of retention”) to be withheld.

The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be t he equivalent or greater in value of the estimated amount of retention. If the Contract is m odified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.

The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities.

7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent Subsection 7-3.2.5.2 is hereby added to the Standard Specifications as follows:

As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress paymen ts, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above and at the expe nse of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-3.2.5.3 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when t he City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section.

The Contractor shall pay to each Subcontractor, not later than ten Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.

7-3.2.5.3 Subcontractor Entitlement to Interest

Subsection 7-3.2.5.3 is hereby added to the Standard Specifications as follows:

If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of i nterest received by the Contractor on any 12100-0001\2654178v1.doc
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retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcon tractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Cont ractor. The Contractor shall pay each Subcontractor, not later than ten Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective a mount of interest earned, net of costs attributed to the retention held from each Subcontr actor, on the amount of retention withheld to ensure performance of the Subcontractor.

7-3.2.5.4 Securities Eligible for Investment

Subsection 7-3.2.5.4 is hereby added to the Standard Specifications as follows:

Securities eligible for investment shall include th ose listed in Government Code Section 16430, bank or savings and loan certificates of deposit, i nterest-bearing demand deposit accounts, standby letters of credit, or any other security mu tually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.

7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention

Subsection 7-3.2.5.5 is hereby added to the Standard Specifications as follows:

The escrow agreement that shall be used for the dep osit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f).

7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements Subsection 7-3.2.5.6 is hereby added to the Standard Specifications as follows:

If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.

7-3.5.2. Increases of More than 25 Percent

Delete Subsection 7-3.5.2 in its entirety and substitute the following:

Should the actual quantity of a Major Item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Speci fications exceed the Bid quantity by more than 25%, a Change Order will be issued and payment for the quantity in excess of 25% of the Bid quantity will be made on the basis of an adjustment to the Contract Unit price mutually agreed to by the City and the Contractor or pursuant to Subsection 7-3.7 “Agreed Prices.”

For Minor Items of Work, the Contractor will be pai d using the Contract Unit Price, regardless of whether the actual quantity of the Mi nor Item of Work covered by a Contract Unit Price exceeds the bid quantity by more than 25%.

7-3.5.3 Decreases of More than 25 Percent

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Delete Subsection 7-3.5.3 in its entirety and substitute the following:

Should the actual quantity of a Major Item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Speci fications be less than 75% of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, a Change Order shall be issued and payment shall be made on the basis of an adjustment to the Contract Unit Price mutually agreed to by the City and the Contractor, or pursuant to Subsection 7-3.7 “Agreed Prices”; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price.

For Minor Items of Work, the Contractor will be pai d using the Contract Unit Price, regardless of whether the actual quantity of the Minor Item of Work covered by a Contract Unit Price is less than 75% of the Bid quantity.

7-3.5.4 Changes for Items Not Covered by Unit Prices

Subsection 7-3.5.4 is hereby added to the Standard Specifications as follows:

Payment for any change for an Item of Work not covered by a Contract Unit Price shall be made pursuant to Subsection 7-4 “Payment for Extra Work. ”

7-4 PAYMENT FOR EXTRA WORK

7-4.1 General

Add the following at the end of Subsection 7-4.1

Any change in the Work for an Item of Work not cove red by a Contract Unit Price that involves both added and deleted Work shall be paid on the basis of the net total cost. The cost of deleted Work not covered by a Contract Unit Price shall be determined by the Engineer based on the schedule of lump sum prices submitted by the Contractor in accordance with Subsection 7-2, “Lump Sum Work,” of the Standard Specifications and the General Provisions.

7-4.2.1 Labor

Delete Subsection 7-4.2.1 in its entirety and substitute the following:

The cost of labor will be the actual cost for wages prevailing locally for each craft or type of worker (including foreman when authorized by the Engineer) performing the Extra Work at the time the Extra Work is done, plus liability insuran ce, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, as well as assessments or benefits required by lawful collective bargaining agreements.

To the actual wages, as defined above, will be adde d a labor surcharge set forth in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates” that is in effect on the date upon wh ich the Extra Work is performed. The labor surcharge shall constitute full compensation for al l payments imposed by State and federal laws and for all other payments made to, or on behalf of , the workers, other than actual wages, subsistence and travel paid to the workers. The lab or surcharge includes Workers’ Compensation, Social Security, Medicare, Federal Un employment, State Unemployment, and State Training taxes.

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Except when direct supervision is provided by working foremen whose time is included in accordance with Subsection 7-4.2.2, the cost of direct supervision of Extra Work, when such direct supervision is provided exclusively for the Extra Work and not in conjunction with or at the same time as supervision for other Work, and when approv ed in advance in writing by the Engineer, may be charged to the Extra Work. Such cost include s only the actual cost of supervision labor, plus payroll taxes, insurance, and pension costs. T he cost of transportation, use of vehicle, and other costs incurred by supervision will not be allowed.

7-4.2.2 Materials

Add the following to the end of Subsection 7-4.2.2:

If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 5 days following delivery of materials to the Work site, the Engineer reserves the right to establish the cost of the mat erials at the lowest current wholesale prices at which the materials were available, in the quantiti es concerned, delivered to the location of the Work site, less any discounts.

7-4.2.3 Tool and Equipment Rental

Delete Subsection 7-4.2.3 in its entirety and substitute the following:

No payment will be made for individual pieces of eq uipment or tools not listed in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates” that is in effect on the date upon which the Extra Work is performed and that have a replacement value of $200.00 or less, whether or not consumed by use. Such equipment or tools shall be considered to be small tools.

The Contractor will be paid for the use of equipmen t at the rental rates listed for such equipment in the Labor Surcharge and Equipment Rental Rates publication that is in effect on the date upon which the Extra Work is performed.

Move in and out, or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the Project site.

For equipment that is rented from a local equipment agency, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time the equipment is used on Extra Work. If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.

If it is deemed necessary by the Engineer to use eq uipment not listed in the Labor Surcharge and Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor may furnish any cost data that might assist the Engineer in the establishment of the rental rate. I f the rental rate established by the Engineer is $10.00 per hour or less, the provisions above conce rning rental of equipment from a local equipment agency shall apply.

Rental time will not be allowed while equipment is inoperative due to breakdowns.

When owner operated equipment is used to perform Ex tra Work to be paid on a force account basis, the Contractor will be paid for the equipment and operator as follows:
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1. Payment for the equipment will be made at the re ntal rates listed for such equipment in the Labor Surcharge and Equipment Rental Rates publication that is in effect on the date upon which the Extra Work is performed.

2. Payment for the cost of labor will be made in co nformance with the provisions in Subsection 7-4.2.1 “Labor” of the General Provisions.

7-4.3 Markup

Delete Subsection 7-4.3 in its entirety and substitute the following:

The markup for overhead and profit on Extra Work shall be in accordance with the following schedule.

7-4.3.1 Work by Contractor.

The following percentages shall be added to the Con tractor’s costs and shall constitute the markup for all overhead and profit:
1) Labor .......................................... ............................................. 20% 2) Materials ...................................... ............................................ 15% 3) Equipment Rental ............................... ..................................... 15% 4) Other Items and Expenditures ................... ............................... 15% To the sum of the costs and markups provided for in this subsection, one percent shall be added as compensation for bonding.

7-4.3.2 Work by Subcontractor.

For Extra Work performed by a Subcontractor, the ma rkup established in Subsection 7-

4.3.1 of the General Provisions shall be applied to the Subcontractor’s costs. An additional five percent shall be added to the Subcontractor’s final cost, which shall reimburse the Contractor for administrative costs, including overhead and profit.
7-4.3.3 Work by Sub-Subcontractor.

Subsection 7-4.3.3 is hereby added to the Standard Specifications as follows:

For Extra Work performed by a sub-Subcontractor, the markup established in Subsection 7-4.3.1 of the General Provisions shall be applied to the sub-Subcontractor’s costs. An additional ten percent shall be added to the sub-Subcontractor ’s final cost, five percent of which shall reimburse the Contractor for administrative costs, including overhead and profit, and five percent of which shall reimburse the Subcontractor for administrative costs, including overhead and profit.

7-4.3.4 Work by Specialist.

Subsection 7-4.3.4 is hereby added to the Standard Specifications as follows:

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If the Engineer and the Contractor agree that a service or an item of Extra Work cannot be performed by the forces of the Contractor or those of any of its Subcontractors or sub- Subcontractors, such service or Extra Work item may be performed by a specialist. Invoices for such services or items of Extra Work calculated on the basis of current market prices may be accepted without complete itemization of labor, mat erial, and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization.

If the Contractor is required to perform Extra Work that requires a fabrication or matching process in a fabrication or machine shop facilities away from the Project site, the charges for that portion of the Extra Work performed in such facilit y may, by agreement between the Contractor and Engineer, be accepted as a specialist billing.

For Extra Work performed by a specialist, 15% shall be added to the specialist’s invoice price less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken; such percentage shall reimburse the Contractor for administrative costs, including overhead and profit.

7-4.3.5 Work not Covered by Unit Prices.

Subsection 7-4.3.5 is hereby added to the Standard Specifications as follows:

Markup for overhead and profit on any change in the Work for an Item of Work not covered by a Contract Unit Price that involves both added and deleted Work shall be paid, in accordance with this Subsection 7-4.3 of the General Provision s, only if the net cost increases the Contract Price (i.e., if the cost for added Work exceeds the cost for deleted Work).

7-4.4 Daily Reports by Contractor

Delete the first sentence of Subsection 7-4.4 and substitute the following:

The Contractor shall submit daily reports for Extra Work showing all labor, material, and equipment costs incurred.

Add the following at the end of Subsection 7-4.4:

The daily reports shall describe in detail the Extr a Work that was performed and the location (station, etc.). Separate daily reports shall be submitted for Extra Work that is performed for more than one location and for different tasks that are performed on the same day. Material charges shall be substantiated by valid copies of v endor’s invoices. Such invoices shall be submitted with the daily reports, or if not available, they shall be submitted with subsequent daily reports. The Contractor shall maintain the Contractor’s records in such a manner as to provide a clear accounting of the costs.

Upon completion of the Extra Work, the Contractor s hall submit a summary of costs, including markup for overhead and profit. All costs shall be in accordance with this Section 7-4 “Payment for Work.” The signature of the City’s Ins pector on a daily report shall indicate agreement with the information reflected therein, not that the Contractor is entitled to payment of the costs in the report. The Engineer shall review the daily reports. The Engineer shall compare the Inspector’s records with the completed daily reports furnished by the Contractor and make any necessary adjustments. When the daily reports are a greed upon and signed by both parties, 12100-0001\2654178v1.doc
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these reports shall become the basis of payment for the Extra Work performed.

7-4.5 Extension of Time

Add the following as Subsection 7-4.5:

If the Contractor is delayed in completing the Extra Work due to a change ordered by the City, the time for completion of Work will be exten ded in accordance with Section 6-4 of these General Provisions.

7-6 AUDIT

The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in re sponse to a construction claim or a Public Records Act (Government Code Section 6250 et seq. ) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of five years after Final Acceptance under the Contract. The Contractor shall include a copy of this Section 7-6 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.

SECTION 8. FACILITIES FOR AGENCY PERSONNEL

8-1 GENERAL

The following paragraph shall be added following the first paragraph of Section 8-1:

No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.

Sections 9 and 10 are hereby added to Part 1 of the Standard Specifications, as follows:

SECTION 9. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN

9.1 GENERAL

To ensure that solid waste generated in the City is reduced, reused or recycled, the Contractor shall submit a “Waste Management Plan” (WMP) to the Engineer for review and approval, using the form found at the end of this Section 9. After the WMP has been reviewed by the Engineer, it will be returned to the Contractor in one of the following four status conditions:

• “Approved”

• “Further Explanation Required”: The Engineer will return the WMP to the Contractor with questions about the WMP. The Contractor shall resubmit plan with each of the City’s questions answered thoroughly.

• “Denied”: The Engineer will indicate the reasons f or denial. The Contractor shall then re- 12100-0001\2654178v1.doc
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submit a new WMP that complies with the requirements of this Section or request an Infeasibility Exemption.

• “Infeasibility Exemption Approved”

The Contractor shall follow the WMP and document re sults during demolition and construction. Final documentation shall be submitted at the end of the project to the Engineer for review of compliance with the original WMP. The amo unt deducted from the final estimate and retained by the City in accordance with Section

7.3.1 and 7.3.2 shall be withheld until final WMP is submitted to the City and approved by the City.

9-2 DEFINITIONS

a) “Construction” means the building of any facilit y or structure or any portion thereof including any tenant improvements to an existing facility or structure.

b) “Construction and Demolition Debris” means used or discarded materials removed from premises during construction of the Project.

c) “Conversion Rate” means the rate set forth in th e standardized Conversion Rate Table approved by the City Council pursuant to this Section for use in estimating the volume or weight of materials identified in a Construction and Demolition Waste Reduction and Recycling Plan.

d) “Divert” means to use material for any purpose o ther than disposal in a landfill. Diversion credit is given for source reduction (waste reduction), recycling, and composting.

e) “Diversion Requirement” means the diversion of a t least 65% of the total Construction and Demolition Debris generated by a Project via reduct ion (source reduction), reuse or recycling, unless the Contractor has been granted an Infeasibi lity Exemption, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the Engineer.

f) “Recycling” means the process of collecting, sor ting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. g) “Renovation” means any change, addition, or mod ification in an existing structure. h) “Reuse” means further or repeated use of Constr uction or Demolition Debris. An example is the reuse of crushed concrete as road base or as aggregate on the construction site.

i) “Salvage” means the controlled removal of Constr uction or Demolition Debris from project for the purpose of recycling, reuse, or storage for later recycling or reuse.

j) “Construction and Demolition Waste Management Pl an” means a completed form, approved by the Engineer for the purpose of complia nce with this Section, submitted by the Contractor/Contractor for any Covered or Noncovered Project that indicates the estimated diversion that the Contractor/Contractor anticipates in diverting from disposal.

k) “Construction and Demolition Waste Management Re port” means a completed form, approved by the Engineer for the purpose of complia nce with this Section, submitted by the Contractor for any Project that documents the disposal and diversion tonnages and destinations.

9-3 INFEASIBILITY EXEMPTION
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a) Application. If the Contractor experiences uniqu e circumstances that the Contractor believes make it infeasible to comply with the Dive rsion Requirement, the Contractor shall apply for an exemption at the time that it submits the WMP. The Contractor shall indicate on the WMP the maximum rate of diversion the Contractor believ es is feasible for each material and the specific circumstances that the Contractor believes make it infeasible to comply with the Diversion Requirement.

b) The Engineer shall review the information suppli ed by the Contractor and may meet with the Contractor to discuss possible ways of meeting the Diversion Requirement. Based on the information supplied by the Contractor, the Engineer shall determine whether it is possible for the Contractor to meet the Diversion Requirement.

c) If the Engineer determines that it is infeasible for the Contractor to meet the Diversion Requirement due to unique circumstances, the Engine er shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the Contractor. The Engineer shall return a copy of the WMP to the Contractor marked “Infeasibility Exemption Approved.”

d) Denial of Exemption. If the Engineer determines that it is possible for the Contractor to meet the Diversion Requirement, the Engineer shall so inform the Contractor in writing. The Contractor will have 15 days to resubmit a new WMP. If the Contractor fails to resubmit a new WMP, or if the resubmitted WMP does not comply with the requirements of the plan, the Engineer shall deny the WMP.

9-4 DIVERSION PROGRAM

The methodology used to calculate diversion is base d on the Title 14, California Code of Regulations, Article 6.1 Solid Waste Generation Study, Section 18722 et seq, and is consistent with CalRecycle measurement protocols. The following equ ation defines the “Generation-Based Diversion Quantification Methodology”:

9-5 ADDITIONAL INFORMATION

Other materials to assist the Contractor in complet ing the WMP can be found on the City’s website at www.manhattanbeach.gov .

• Construction and Demolition Debris Recycling Guide

• Construction and Demolition Recycling Brochure
Generation = Disposal + Diversion
Diversion Rate (%) = Diversion Tons

Generation Tons
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan
Manhattan Beach Municipal Code 5.26 requires construction projects to reuse or recycle 65% of all construction site waste (all demolition and roof tear-off projects, and all construction with a total value of $100,000).

REQUIRED GOAL: REUSE OR RECYCLE A MINIMUM OF 65% OF ALL PROJECT WASTE

Instructions:

1. Complete entire WMP & submit to the Project Manager as a project submittal.

2. Reuse and/or recycle at least 65% of all construction site waste and keep good records of all facility waste tickets.

3. Submit a copy of this WMP and ALL recycling and landfill facility weight tickets before Final Inspe ction to the Project Manager as a new project submittal. A COPY OF THIS WMP AND RECEIPTS OF ALL RECYCLING AND DISPOSAL SHALL BE SUBMITTED BEFORE FINAL PAYMEN T WILL BE MADE BY THE CITY.

Fines for Non-Compliance (MBMC 5.26.020): Demo projects up to $5,000 and Construction projects up to $10,000

Project Name:

Project Address:

Type of Project: [ ] Street Improvement [ ] Water Main [ ] Sewer Mai n [ ] Storm Drain [ ] Other
Total Bid Price: $
Requesting Infeasibility Exemption: [ ] Yes [ ] No
Contractor Name:

Address:

Recycler:

Contact Name:

Contact Phone:

Recycler Contact:

Recycler Address: Recycler Contact Phone:

CITY USE ONLY

Approved
Application (Date) Final (Date)
Further explanation needed (see attached)
Denied
Infeasibility Exemption Approved
Reviewed By

Submit this form and the attached Waste Management Plan Table to: Project Manager by email or Engineering Division, City of Manhattan Beach 3621 Bell Avenue, Manhattan Beach, CA 90266 12100-0001\2654178v1.doc
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan Ta ble
Project Name:

Total Estimated Waste Generated by Project: _ ( IN TONS ). (Ask your hauler, recycler or site cleanup vendor to assist you. Use receipts from your previous jobs for estimates.) Complete and return with Building Permit Application Complete and return with receipts prior to final building approval
Material Type Estimated
Reused/
Recycled
Estimated
Disposed/
Landfilled
Vendor or Facility
to be Used
(Destination)
Actual
Reused/
Recycled
Actual
Disposed/
Landfilled
Vendor or Facility
Used (Destination)
Asphalt & Concrete
Bricks/Masonry/Tiles
Building Materials (doors,
windows, fixtures, etc.)

Cardboard
Concrete Pavement and
Grindings

Drywall (new, unpainted)
Asphalt Pavement
Grindings

Landscape Debris (Plant &
Tree Trimmings)

Scrap Metal
Unpainted Wood & Pallets
Other (painted wood &
drywall, roofing, etc.)

Mixed C&D*
Trash/Garbage
TOTAL
*Mixed C&D is defined as a mixture of three or more materials (e.g., wood, drywall, roofing, etc.) from construction or demolition sites that will be taken to a “qualified” facility for recycling. (See C&D Debris Recycling G uide.)

If you are requesting an infeasibility exemption and the estimated amount reused/recycled is less than 65%, please explain why (attach additional sheets if necessary):

If the actual amount reused/recycled is less than 65%, please explain why:

Prepared by (please print): Date:

Contractor Signature: Phone Number:

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Conversion Rates

The following conversion rates are estimates. The r anges vary widely, depending on how the materials a re handled (compacted, loose, chipped, etc.). Use the conversion factors and receipts from any previous projects to help you estimate the potential amount of materials and diversion. Take into consideration the type and load of vehicles that will be used to haul the materials . Ask your hauler or recycler to assist you in esti mating these numbers.

Material Lbs/cy Tons/cy
Asphalt 1,400 lbs/cy 0.7 tons/cy
Brick 2,430 lbs/cy 1.21 tons/cy
Cardboard 100 lbs/cy 0.05 tons/cy
Concrete 2,600 lbs/cy
(Sources range from1,000 to 4,000) 1.3 tons/cy
Dirt/Soils 2,660 lbs/cy 1.33 tons/cy
Drywall 700 lbs/cy 0.35 tons/cy
Wood (chipped) 300 – 650 lbs/cy 0.15 – 0.3 tons/cy
Mixed C&D Debris 900 lbs/cy 0.45 tons/cy
Mixed Waste/Trash 100 – 350 lbs/cy 0.5 – 0.175 tons /cy 12100-0001\2654178v1.doc
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SECTION 10. ADDITIONAL TERMS

10-1 NONDISCRIMINATORY EMPLOYMENT

The Contractor shall not unlawfully discriminate ag ainst any individual based on race, religious creed, color, national origin, ancestry, physical d isability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination manda tes of all statutes and local ordinances and regulations.

10-2 NOTICE TO PROCEED

Upon award of the Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not a uthorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be conside red as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

10-3 CONTRACTOR’S RESPONSIBILITY FOR WORK

Until the final acceptance of the Work by the City as defined in Section 3-13.2 of the General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expens e thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.

10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY

Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the pa rt of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in its Bid.

10-5 REMOVAL OF INTERFERING OBSTRUCTIONS

The Contractor shall remove and dispose of all debr is, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of th e unit price bid by the Contractor under the item for excavation or removal of existing Work.
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10-6 SOILS ENGINEERING AND TESTING

An independent certified materials testing firm mus t be retained by the Contractor to perform materials tests and applicable special inspections during the Contractor’s entire operation to ascertain compliance with the Contract requirements. . If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.

The Contractor shall provide a copy of the testing and inspection reports to the Engineer within 24 hours upon receipt.

If the City requires other tests or more specific r equirements for testing regarding this Project, those details will be included in the Special Provisions.

10-7 ACCESS TO PRIVATE PROPERTY

Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to ac cess private property for any portion of the Project.

10-8 WORKING DAYS AND HOURS

The Contractor shall do all Work between the hours of 7:30 a.m. to 4:30 p.m., Monday through Friday. No Work will be allowed on Saturday, Sunday or City holidays listed on the City’s website unless specifically mentioned in the Contract Documents or authorized by the City Engineer.

Construction work within any designated safe route pedestrian pathways:

No travel lanes, pedestrian crossings or other means of accessibility to any school facilities shall be disturbed by construction activities between 7:30 AM to 8:30 AM and 1:30 PM to 3:30 PM on school days unless otherwise approved by the City T raffic Engineer. Contractor shall coordinate all work in the vicinity of schools with the school administrators to minimize construction impacts on special dismissal and event days.

In addition, no Work will be allowed on any election or special election day that may be declared within a 300-foot radius of any voting location or in any location that will disturb access to any voting location, as determined and directed by the City Engineer. If the Work is within the 300-foot radius or disturbs access to any voting location, a s determined by the City Engineer, a time extension of one Working Day will be granted for each such Day that Work cannot be performed.

A permit may have other hours or Days for the Contr actor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.

Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give 24 hours’ notice to the Engineer so that inspection may be provided. Charges to the Contractor for inspection will be incurred as stated in Section 6-2.1.

10-9 CLAIM DISPUTE RESOLUTION

In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Wor k, but shall proceed with the performance of the Work in dispute. The Contractor shall retain an y and all rights provided that pertain to the resolution of disputes and protests between the par ties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement 12100-0001\2654178v1.doc
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or a court of law. The Contractor shall keep accura te, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or the Project, and the consideration and payment of such claims, are subject to the Gove rnment Claims Act (Government Code Section 810 et seq .) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq . (Article 1.5), where applicable. The Contract hereby incorporates those provisions as though fully set forth herein.

Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a constructi on claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere t o Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.

10-10 THIRD PARTY CLAIMS

The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contr actor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

10-11 COMPLIANCE WITH LAWS

The Contractor shall comply with all applicable fed eral, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents.

10-12 CONTRACTOR’S REPRESENTATIONS

By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of C alifornia that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, mat erials, and expertise necessary to perform the services in accordance with the terms and condition s set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performa nce of the Contract, and the Contractor is not the subject of any criminal investigation or procee ding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony.

10-13 CONFLICTS OF INTEREST

The Contractor agrees not to accept any employment or representation during the term of the Contract or within 12 months after acceptance as de fined in Section 3-13.2 of the General Provisions that is or may likely make the Contracto r “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.

10-14 APPLICABLE LAW

The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Contract shall be in the Los Angeles County Superior Court.

10-15 TIME

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Time is of the essence in these Contract Documents.

10-16 INDEPENDENT CONTRACTOR

The Contractor and Subcontractors shall at all time s remain, as to the City, wholly independent contractors. Neither the City nor any of its offici als, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contrac tor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or S ubcontractors wish except as expressly provided in these Contract Documents. The Contracto r and Subcontractors shall have no power to incur any debt, obligation, or liability on beha lf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, asse ssments, penalties, and interest asserted against the City by reason of the independent contr actor relationship created by the Contract Documents. The Contractor shall include this provis ion in all contracts with all Subcontractors.

10-17 CONSTRUCTION

In the event of any asserted ambiguity in, or dispu te regarding the interpretation of any matter herein, the interpretation of these Contract Docume nts shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.

10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES

Waiver by either party of any one or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condit ion of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any brea ch of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy availab le to the City with regard to such breach or default.

10-19 TERM

The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the service s required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.

10-20 NOTICE

Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
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1-62

10-21 SEVERABILITY

If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

12100-0001\2654178v1.doc
City of MB Form
SI-1

PART I - SPECIAL INSTRUCTIONS

SECTION 0. PROJECT SPECIFIC SCOPE OF WORK

The Scope of Work includes, but is not limited to:

• Removal of existing non-standard curb ramps
• Construction of new ADA complaint curb ramps with yellow truncated domes • Installation of hot-mix asphalt slot paving
• Removal and replacement of crosswalk striping inc luding type II slurry prior to application
• Re-establishment of monuments for centerline-tie- related nails, tags, and tie-outs • Implementing Traffic Control Plans

Order or Staging of Work:

Contractor to provide phasing diagram with proposed construction schedule.

SECTION 1. GENERAL

No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site.

Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor’s or permittee’s expense, and shall deduct the cost therefor from the Contractor’s progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer the obligations and liabilities from the Contractor to the City or the City’s agents.

Violations of any of the Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut do wn or partial shutdown of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable.

Contractor is responsible for familiarizing themsel ves with the documents found on the City’s website for Private Contractors-Engineers-and-Devel opers especially the right-of-way permit section:

https://www.manhattanbeach.gov/departments/public-works/engineering-division/private- contractors-engineers-and-developers

Contractor may find City standard referenced in plans on the City’s website for Consultants:

https://www.manhattanbeach.gov/departments/public-works/engineering-division/consultants

Contractor may find the City traffic control requirements on the City’s website:

https://www.manhattanbeach.gov/departments/community-development/traffic-engineering-and- parking
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City of MB Form
SI-2

SECTION 2. STAKEHOLDERS

The Contractor shall coordinate with the property o wners (i.e. private, school, church, etc.) throughout the project. Coordination includes, but is not limited to, landscape, restoration of existing improvements, identification and rerouting of irrigation lines, securing properties from trespass, and protection of existing structures.

The Contractor shall coordinate construction activi ties with the City’s refuse company and street sweeping company. Refuse pick-up is performed by Wa ste Management (310-830-7100), and street sweeping is performed by Athens Services (888-336-6100).

The Contractor shall coordinate with City of Manhat tan Beach Urban Forester, Ernest Area, (310) 802-5305, a minimum 72 hours prior to tree removal and planting.

The Contractor shall coordinate with Southern California Edison (SCE) company for requirements doing any demolition near existing power poles.

SECTION 3. SCHEDULE

3-1 NOTICE TO PROCEED / COMPLETION OF ALL WORK

Contractor should be prepared for the Notice to Pro ceed with Construction to be issued after City Council Award date. Time for completion of the Work is 30 total Working Days from the date specified in the notice to Proceed to Fulfill Preconstruction Requirements and Order Materials. The Contract Time includes the time necessary to fulfil l preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders). The preconstruction requirements is 10 workings days and construction is 20 working days for the total 30 Working Days.

Refer Part 6 and Special Provisions for Temporary Traffic Control times and requirements.

Full compensation for compliance with these requirements shall be considered as included in the appropriate bid items.

3-2 NOTICE OF MODIFICATION TO WORK HOURS

Construction work is on a street directly adjacent to a school and is within a designated Safe Route to School pathways as such the following apply:

During the school year, all work on the street dire ctly adjacent to a school is prohibited during drop-off and pick-up times (typical hours 7:30AM to 8:30AM and 3:00PM to 3:30PM or per school schedule). Additionally, no construction activities during these hours shall impact travel lanes, pedestrian crossings or other means of accessibilit y to any school facilities unless otherwise approved by the City in coordination with the schoo l administrators. Contractor shall coordinate all work in the vicinity of the schools with the Ci ty and school administrators to minimize construction impacts on special dismissal and event days.

During the school summer break, the work hours are not restricted except lane closures are limited to 8:30am-3:30pm.
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SI-3

A permit may have other hours or Days for the Contr actor to do the Work, and those hours and Days. Only if permit work hours and days are more restrictive shall they supersede any hours and Days written in this Section.

SECTION 4. COORDINATION OF WORK

4-1 CONSTRUCTION STAGING AREA

Contractor shall be responsible for securing a construction staging area for this project.

The cost of securing a staging area shall be considered as included in the Contract prices paid for the mobilization bid item, and no additional compensation will be allowed therefore.

4-2 DRIVEWAY ACCESS

Outside work hours steel plates or other measures may be put in place to facilitate full unrestricted access.

The Contractor shall minimize impacts to nearby dri veway approaches and intersection traffic in the vicinity of the work. All open trenches shall b e either backfilled or the work area shall be adequately covered with steel plates at the end of each working day. All loose gravel from the plate being secured by temporary AC must be swept and cleaned up to ensure a clean tidy environment on a daily basis.

4-3 WORK SITE CLEANLINESS OUTSIDE OF THE WORK AREA

The Contractor shall keep the pavement in the area around the project area acceptably clean daily.

Engineer may require the use of a self-loading moto r sweeper with spray nozzles to meet this performance requirement.

Spoils from excavation shall be immediately removed from the project site. Overnight storage of materials removed or equipment shall not be permitted on the traveled roadway surface.

Full compensation for compliance with these require ments shall be considered as included in the appropriate bid items, except as otherwise noted.

4-4 PROJECT WORK PLAN

Contractor shall submit a project work plan that shall include:

1. Work sequence and schedule duration for all requ ired Work.

2. Diagram of work sequence.

3. Listing and layout of equipment to be used on si te.

4. Site security measures (as applicable)

5. Stamped Traffic Control Plans per Work Sequence.
• Include ‘During Work Hours’ and ‘After Hours’

12100-0001\2654178v1.doc
City of MB Form
SI-4

4-5 DEWATERING, DUST, AND SOUND CONTROL REQUIREMENT S

Dewatering

As such it is anticipated that storm, surface, or ground water or other water may be encountered at various locations during the work and require dewat ering. The Contractor, by submitting a bid, acknowledges that he has investigated the risks arising from surface, ground or other waters, and acknowledges that his bid was prepared assuming tha t water is present and the dewatering work will be conducted accordingly. The contractor, by submitting a bid, assumes all of the said risk and payment for dewatering shall be considered as included in the various contract items of work. No separate payment will be allowed.

When water is encountered, the contractor shall provide and maintain dewatering during construction in accordance with the requirements of the Order No. R4-2018-0125, NPDES No. CAG994004 issued by the Los Angeles Regional Water Quality Control Board (LARWQCB).

The Contractor shall provide and maintain ample mea ns and devices with which to promptly remove and properly dispose of water entering the e xcavations or other parts of the work at all times during construction. Dewatering shall be accomplished by methods, which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. The chosen method that may include sump pumps, deep wel ls, well points, temporary pipelines and other means shall be designed by the contractor’s civil engineer and shall be the sole responsibility of the contractor.

The contractor shall dispose of the water from the work in accordance with the Water Pollution Control Act without damaging or soiling adjacent City, County, State, or private property.

Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board Standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the contractor and sub mitted to the appropriate agency and the Engineer for approval at no additional cost to the CITY.

Conveyance of the water shall not interfere with traffic flow or sewer treatment facilities operations.

No water shall be drained into the work under construction without prior consent of the Engineer.

The contractor shall conduct his operation such tha t storm or other waters may proceed uninterrupted along their existing street or drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if in the opinion of the Engineer, public or private properties are not subject to damage. The contract or shall obtain and submit to the City written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside the right-of-way.

It shall be the contractor's responsibility to cont rol the surface water entering the work area at no additional cost to the City. The contractor shall correct damage to the work area as the result of surface water at no cost to the City.

If groundwater testing during construction is found to be contaminated, the Contractor shall provide, install, maintain and operate the equipment necessa ry to treat the contaminated groundwater to bring it to compliance with the dewatering and disc harging permits from the California Regional Water Quality Control Board. Full compensation for dewatering, and conforming to the 12100-0001\2654178v1.doc
City of MB Form
SI-5

requirements of this Article shall be considered as included in the prices paid for the various items of work and shall include all related materials, labor, tools, equipment, standby pump, coordination and approval processing. No separate payment will be allowed.

Dust Control

Dust control shall consist of applying water in con formance with Section 3-12 of the Standard Specifications, with the following modification:

The contractor shall furnish and operate a water truck and self-loading motor vacuum sweeper with spray nozzles applied at least twice each calendar day (including holidays and weekends), first during construction to keep paved areas reasonably clean, and second at the end of day. The contractor shall never leave the construction premises dirty or dusty.

All spillage and any excessive dirt or debris resulting from hauling operations, moving of equipment along or across any private or public property or public traveled way, shall be removed immediately at the contractor's expense.

Whenever the contractor fails to control dust resul ting from the performance of the work, the Engineer may cause such dust to be controlled. The costs of controlling dust shall be deducted from moneys due or to become due the contractor.

No separate payment will be made for any work performed or material used to control dust resulting from the contractor's performance of the work, or by public traffic, either inside or outside the right- of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.

Sound Control

The contractor shall comply with all local sound co ntrol and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.

Full compensation for conforming to the requirement s of sound control shall be considered as included in the prices paid for the various contract items of work,

4-6 CONSTRUCTION WATER

Construction water may be taken only at locations approved by the City. The City will install a construction meter and eddy valve at these locations at the Contractor’s expense. This valve shall be operated when taking construction water with the fire hydrant remaining open during the day. Contractor will be charged for construction water on an as-used basis.

The contractor shall make application to the City for installation of a fire hydrant water meter for their construction water and shall make appropriate meter deposits to cover cost of relocation or damage to the meter.

Water shall be applied in the amounts, at the locations, and for the purposes designated in these specifications and as ordered by the Engineer.

Water for compacting embankment material, subbase, base and surfacing material, and for laying 12100-0001\2654178v1.doc
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SI-6

dust hall be applied by means of pressure-type distributors or pipelines equipped with a spray system or hoses with nozzles that will ensure a uniform application of water.

Equipment used for the application of water shall be equipped with a positive means of shut-off.

Unless otherwise permitted by the Engineer or unless all the water is applied by means of pipelines, at least on mobile unit with a minimum capacity of 1,000 gallons shall be available for applying water on the project at all times.

Payment for applying water, including all labor, tools, equipment, and incidentals required for the application of water shall be considered included in the various contract items of work involving the use of water, and no additional compensation will be allowed.

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City of MB Form
SSTP-1

PART II - STANDARD AND SPECIAL TECHNICAL PROVISIONS

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SSTP 2-1

PART 2 - CONSTRUCTION MATERIALS

The corresponding provisions in Part 2 (Constructio n Materials) 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.

SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS

201-1 Portland Cement Concrete

201-1.1.2 Concrete Specified by Class and Alternate Class

Table 201-1.1.2 shall be modified as follows:

“Street Surface Improvements” shall be class 560-C-3250.

SECTION 203 – BITUMINOUS MATERIALS

203-6 Asphalt Concrete

203-6.1 General

The following paragraph shall be added following p aragraph 2:

Asphalt concrete shall be TYPE III C3-PG 64-10 for surface course and TYPE III B2-PG 64-10 for base course. For slot cuts adjacent to curb ramps asphalt concrete shall be TYPE III C3-PG 64-10 full depth.

SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT M ARKINGS, AND PAVEMENT

MARKERS

214-5 Thermoplastic Material for Traffic Striping and Markings

214-5.1 General

Delete 1
st paragraph and add the following:

Thermoplastic shall conform to State Specification PTH-02ALKYD. The thermoplastic material and glass beads shall comply with paragraphs 84-2.02 and 84-2.03 of Caltrans Standard Specifications.

12100-0001\2654178v1.doc
City of MB Form
SSTP-3-1

PART 3 - CONSTRUCTION METHODS

The corresponding provisions in Part 3 (Constructio n Methods) 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.

SECTION 300 - EARTHWORK

300-1 Clearing and Grubbing

300-1.1 General

Add the following:

The Contractor shall comply with Section 12 of the Contract Documents: Construction and Demolition Waste Management of the City of Manhattan Beach

300-2 Unclassified Excavation

300-2.9 Payment

Delete first sentence of the subsection and replace with the following:

The costs of unclassified excavation are included in various applicable bid items in the Contractor’s Proposal Bid Schedule.

300-3 Structure Excavation and Backfill

300-3.1 General

Add the following:

Some PCC work such as curb ramps, curb and gutter, sidewalk and other structures may require structural excavation and structural fill to meet the designed construction and finished grade.

300-3.6 Payment

Add the following:

There will be no payment for structural excavation and backfill. Cost of structural excavation and structural backfill shall be considered included in the applicable bid items.

SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF

BASE MATERIALS

301-1.6.1 Adjustment of Meter, Valve and Survey Mon ument Covers

Add the following:

The water meter box and utility vault shall be adju sted to grade by the Contractor. Prior to adjustment, the Contractor shall notify the utility owners.

12100-0001\2654178v1.doc
City of MB Form
SSTP-3-2

301-1.7 Payment

Delete this section and replace with the followi ng:

Payment for adjusting water meter cover and utility vault cover to grade shall be paid per unit.

SECTION 302 – ROADWAY SURFACING

302-5 Asphalt Concrete Pavement

302-5.1 General

Add the following:

Replace the asphalt concrete pavement to match the existing depth of asphalt concrete plus 1”.

The Roadway asphalt pavement shall consist of surface course Type III C3-PG 64-10 and base course for deep lift repairs Type III B2-PG 64-10. For slot cuts adjacent to curb ramps Type III C3- PG 64-10 full depth.

302-5.3 Prime Coat

Add the following:

Material for prime coat shall be Grade SC-250 liquid asphalt conforming to the requirements of the SSPWC.

302-5.4 Tack Coat

Add the following:

Material for tack coat shall be Grade SS-1h emulsified asphalt or AR 4000/AR 8000 paving asphalt conforming to the requirements of the SSPWC.

302-5.5 Distribution and Spreading

The following paragraphs shall be added at the end of the subsection:

Tarpaulins shall be used to cover all loads when d irected by the Engineer.

302-5.14 Payment

Add the following:

Measurement and Payment for Install 6-in AC Slot Pave will be at the contract unit price bid per TON (TN) as measured in the field, and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

303-1 Concrete Structures

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SSTP-3-3

303-1.12 Payment

Add the following:

Measurement and Payment for Caulk Existing Concrete Joints , will be at the contract unit price bid per Lineal Foot (LF) as measured in the field a nd shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

303-5 Concrete Curbs, Walks, Gutters, Cross Gutters , Alley Intersections, Access Ramps and Driveways

303-5.1 Requirements

303-5.1.1 General

The second paragraph shall be deleted and replace d with the following:

The thickness of sidewalks, gutters, cross gutters, alley intersections, access ramps, and driveway aprons shall be as shown on the plans.

No concrete shall be ordered and/or poured until the forms and subgrade have been inspected and approved by the Engineer in the field.

All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field pri or to placement of the concrete: i.e., curbs, walks, gutters, etc.

Add the following subsection:

a) Curb Ramp Installation

The Contractor shall verify on site all existing elevations for the installation/modification of the curb ramps and sidewalk transition panels and verify tha t all design grades are achievable with site conditions. The installation of the curb ramp shall maintain all existing cross gutter, flowline and lip of gutter elevations and grades and shall be in com pliance with all applicable ADA standards.

Written approval from the Engineer is required prio r to construction of the sidewalk ramps and sidewalks.

Add the following subsection:

303-5.6 Curing

The first paragraph shall be deleted and replaced with the following:

Immediately after finishing operations are complet ed, Type 2 concrete curing compound shall be applied at a rate of one gallon per 150 square feet.

303-5.9 Measurement and Payment

Add the following:

Measurement and Payment for Construct Case A, Type 1, Curb Ramp; Construct Cas A, Type 12100-0001\2654178v1.doc
City of MB Form
SSTP-3-4

5 Curb Ramp, and Construct Case B, Type 1, Curb Ramp, will be at the contract unit price bid per Square Foot (SF) as measured in the field. Measurement shall include abutting gutter, retaining curb, and detectable warning and shall be considere d full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

Measurement and Payment for Construct 4” Thick PCC Sidewalk; and Construct 8” Thick PCC Cross Gutter, will be at the contract unit price bid per Square Foot (SF) as measured in the field, and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION

306-3.1 GENERAL

Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:

a. Material that Contractor believes may be materia l that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or

b. Subsurface or latent physical conditions at the site differing from those indicated; and/or

c. Unknown physical conditions at the site of any u nusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

d. As required by Labor Code Section 6705 and in ad dition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit for acceptance by City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this provision shall be construed to impose tort liability on the City or o n any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Contractor’s responsibility and must be included in Contractor’s bid.

SECTION 314 – TRAFFIC STRIPPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT

MARKERS

314-2 REMOVAL OF TRAFFIC STRIPING AND CURB AND PAVE MENT MARKINGS

314-2.1 General

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SSTP-3-5

Replace first paragraph with the following:

The Contractor shall remove existing traffic stripi ng and pavement markings by surface grinder equipped with a vacuum attachment. Do not leave res idue on the pavement or allow it to flow across the pavement. Obliteration with black paint or emulsified asphalt will not be allowed.

314-2.3 Payment

Add the following:

Measurement and Payment for Grind Pavement Markings and apply Type II Slurry, will be at the contract unit price bid per Square Foot (SF) as measured in the field. Measurement shall include applying a Type II Slurry seal upon removal of pave ment markings and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

314-4.3.7 Payment

Add the following:

Measurement and Payment for Paint Curb, will be at the contract unit price bid per Lineal Foot (LF) as measured in the field. Measurement shall include applying a two (2) coats of red paint and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

314-4.4.6 Payment

Add the following:

Measurement and Payment for Install Thermoplastic Crosswalk Striping over Type II Slurry, will be at the contract unit price bid per Square Foot (SF) as measured in the field. Measurement shall include applying a Type II Slurry seal prior to application of pavement markings and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

Measurement and Payment for Install Thermoplastic Stop Legend and Bar, will be at the contract unit price bid per Each (EA) as measured i n the field and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

12100-0001\2654178v1.doc
City of MB Form
SSTP-4-1

PART 4 - EXISTING IMPROVEMENT

The corresponding provisions in Part 4 (Existing Im provement) 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.

SECTION 400 - PROTECTION AND RESTORATION

400-1

GENERAL

Add the following:

Contractor is responsible for clean-up of any debri s on, around, or in the manholes or valve covers. Contractor will record all monuments in an inventory list as shown in the Appendix, and shall walk with the City’s Inspector to inspect eac h manhole and valve at the end of the project to ensure compliance.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

400-2
PERMANENT SURVEY MARKERS:

Replace the second paragraph with the following:

The Contractor is responsible for hiring an independent surveyor to tie-out all monuments and log all valve and manhole locations within the project’s limits of work before construction work begins, providing the City with a Monument Inventory List (see Appendix), and providing the City proof of re-establishing of those monuments after work is done. The Contractor will:

a) set survey points outside the affected work are a that reference and locate each controlling survey monument that may be disturbed,

b) file a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and

c) file a Corner Record or Record of Survey with the County Surveyor after re-establishment of the disturbed controlling survey monuments.

SECTION 401 – REMOVAL

401-1 GENERAL

Add the following:

The Contractor shall comply with Section 12 of the Contract Documents: Construction and Demolition Waste Management of the City of Manhattan Beach

401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Driveway, and Alley Intersection

Delete 1st sentence and replace with the following:

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SSTP-4-2

All existing PCC pavement to be removed shall be done by sawcut full depth, to a true line where new concrete pavement is to join.

Removal of these PCC items shall include the removal of underlying base to a depth necessary to construct new structure.

401-5

OTHER IMPROVEMENTS

Add the following:

The Contractor may find it necessary to remove and replace some irrigation facilities during the process of construction. In such events, the Contr actor shall make a written request to the Engineer in the field for the work and shall notify and cooperate with the resident and/or owner of the property affected. Any irrigation facilities in conflict with the proposed improvements which are removed, damaged, disturbed, or broken, shall b e modified, repaired, and/or replaced to provide full irrigation coverage to the areas requi ring irrigation, using new materials of equal or better quality than the original materials. Removal of landscaping and irrigation, as shown on the plans, shall include the removal of these materials and unclassified excavation to a depth necessary to construct new structure.

All trees, shrubbery and lawns which are deprived o f normal irrigation due to a disruption of service caused by the Contractor's operations shall be regularly and thoroughly irrigated by the Contractor so that the plantings will not be damaged. If any trees, shrubbery, lawns or their plants die or suffer unacceptable damage as a result of or precipitated by the Contractor's operations, the Contractor shall replace it with the same plant species and size. Existing grass lawns within the area which must be excavated and/or re-graded, shall be cut into approximately 300 mm (12 in.) squares, removed, protected, cared for and replaced as soon as possible. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod.

The upper 150 m (6 in.) of all backfill in areas subject to planting and/or replanting shall be topsoil, free of rocks and debris. Backfill below this dept h shall consist of native soil, free of rocks, and debris, and compacted to a relative compaction of 85 percent (85%).

Damaged or injured plants shall be removed and recy cled though green waste processors. At the option of the Contractor, removed trees and shr ubs may be reduced to chips and removed from the project.

Replacement planting of injured or damaged trees, s hrubs and other plants shall be completed not less than 20 working days prior to completion o f the work. Replacement plants shall be watered as necessary to maintain the plants in a healthy condition.

401-7 Payment

Add the following:

Measurement and Payment for Demolish and Dispose Existing Materials will be at the contract unit price bid per CUBIC YARD (CY) and shall includ e all related materials to be removed as indicated and/or otherwise are in conflict with new improvements, and shall be considered full compensation for furnishing labor, materials, equipment, and disposal to complete the construction, as indicated and no additional compensation will be allowed therefore.

Measurement and Payment for Remove and Replace Existing Improvement will be at the 12100-0001\2654178v1.doc
City of MB Form
SSTP-4-3

contract unit price bid per EACH (EA) and shall inc lude all related items to be removed and replaced, as indicated and/or otherwise are in conflict with the construction of new improvements, and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

SECTION 402 - UTILITIES

402-1 LOCATION

Replace the first paragraph with the following:

The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other priv ate underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shal l be responsible for preserving the integrity of the existing underground utilities at the site.

Add the following:

All existing underground utilities and facilities such as electric utilities, gas utilities, telephone utilities, television utilities, water utilities, street lighting facilities, traffic signal facilities, sanitary sewers, storm drains, and irrigation systems may not have been sh own on the Plans for this project. The Contractor shall assume that any of these underground utilities and/or facilities may be encountered during the removal and reconstruction work and shal l protect and restore same in place in accordance with Section 400 and Section 40 of the S tandard Specifications and the following requirements and provisions:

The Contractor shall pothole utilities in any areas of excavation, including but not limited to, street widening, utility pole installation or relocation, light pole installation or relocation, pipe installation, catch basin installation, pavement reconstruction, and traffic signal equipment foundation installation. The Contractor shall submit pothole locations to the City five (5) working days ahead of USA notification for review and comment. The Contractor retains sole responsibility for utilities.

The Contractor shall pot hole a minimum of two (2) working days ahead of the construction or installation for the area in which the work is to b e performed. The "potholes" shall be to a depth sufficient to satisfy the Contractor that the propo sed construction work will not damage any underground utilities and/or facilities. The Contractor shall be solely responsible for the cost of repair for any such damage to the underground utilities an d/or facilities and shall, except for irrigation systems, make or cause to be made all repairs necessary to restore service the same day.

Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefor.
12100-0001\2654178v1.doc
City of MB Form
SSTP-4-4

UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM

No excavation will be permitted until this form is completed and returned to the City.

Government Code Section 4216 et seq . requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.

Dig Alert Identification Number:

Dated:
(“CONTRACTOR”)

By:

Printed Name:

Title:

By:

Printed Name:

Title:

Note: This form is required for every Dig Alert Ide ntification Number issued by Underground Service during the course of the Work. Additional f orms may be obtained from the City upon request.
12100-0001\2654178v1.doc
City of MB Form
SSTP-4-5

402-2 PROTECTION

Add the following:

If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.

402-3 REMOVAL

Add the following:

Facilities encountered during the prosecution of th e Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.

402-4 RELOCATION

Add the following:

The Contractor shall cooperate fully with all Utili ty forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.

402-6 COOPERATION

Add the following:

The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such co ntractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts.

Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.

Add the following Section:

402-6.1 Entry by Utility Owners

The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their prope rty that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or recons truct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.

Add the following Section:

12100-0001\2654178v1.doc
City of MB Form
SSTP-4-6

402-7 NOTIFICATION

The Contractor shall notify the City Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. 12100-0001\2654178v1.doc
City of MB Form
STTP -5-1

PART 5 - PIPELINE SYSTEM REHABILITATION

Incorporated by Reference
12100-0001\2654178v1.doc
City of MB Form
SSTP-6-1

PART 6 - TEMPORARY TRAFFIC CONTROL

The corresponding provisions in Part 6 (Temporary Traffic Control) of the Standard Specifications are incorporated, except as otherwise indicated her ein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

SECTION 600 - ACCESS
600-1 GENERAL

Add the following:

The Contractor shall notify in person and with prin ted notification, at least ten (10) working days prior to commencing work, to all agencies, business es, institutions, postal service, residents, hospital, transit agencies, schools, churches, stor es, utilities, and waste disposal service fronting or affected by the work. Additional printed notification shall be given not less than forty- eight (48) hours prior to performing any work which will restr ict property access, close or partially close the street, or which will restrict or disallow street p arking. All schools, churches, hospitals, and businesses shall receive seven (7) working days not ification prior to performing any work that will restrict property access.

See Appendix for Sample Notice to Residents require s that the printed notices contain a general description of the work to be done and the date that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. All public notices must be reviewed and approved by the Engineer prior to its distribution.

The Contractor shall coordinate with the school district for pick-up and drop-off of school children, waste disposal collection, street sweeping, MTA Bus Stops and Zones Dispatcher, the postal service to ensure delivery of mail, and churches fo r weekly or special activities. The local traffic consists of, but is not limited to, residences, chu rch congregations, post offices, meter readers, transit operators, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger an d/or signing to direct traffic. The Contractor shall notify the MTA Bus Stops and Zones Dispatcher and any other affected transit services at least two working days prior to construction and any impacts. Evidence of such notification shall be submitted to the City at least two working days prior to construction and any impacts.

Access to mailboxes shall be maintained at all time s such that the postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer.

The Contractor shall obtain a Manhattan Beach City Permit for work performed in the right-of-way, and provide the City with evidence of insurance cov erage in compliance with section 7-3 “Insurance” in the General Provisions of the Specifications for this project. Notify the Public Works Inspector at (310) 802-5306, at least 72 hours prior to any construction in right-of-way. At least 72 hours in advance of closing, partially closing or reopening, any street, alley, sidewalk or other public thoroughfare, the Contractor shall notify the Police, Fire, Traffic and Engineering Department and affected residents and business owners. Deviations must first be approved in writing by the Engineer. Fire and Police Dispatch can be reached a t (310) 545-4566 prior to starting work or closing lanes/streets every day. When entering or l eaving roadways carrying public traffic, the 12100-0001\2654178v1.doc
City of MB Form
SSTP-6-2

Contractor’s equipment, whether empty or loaded, shall yield to the public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections. C ontractor shall work closely with all affected businesses to ensure impacts are minimized during w ork. All work must be coordinated with the adjacent businesses, the Northern Manhattan Beach B usiness Improvement District, Downtown Business Association, Manhattan Beach Parks and Recreation events, and all affected agencies.

All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours. Steel plates shall be placed securely to avoid tripping hazards and in a way that minimizes movement and noise.

600-2 VEHICULAR ACCESS.

Add the following:

All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. Per subsection 7-10.1, “Safety”, of these special provisions, overnight and long terms street closures can only be approved by City Council, which will require a minimum 4 week lead time. The Contractor shall make provisions to allow local traffic access to the closed streets.

Vehicular access to hospital, business, school, and church driveways shall be maintained at all times during construction. Unless the Contractor ma kes other arrangements satisfactory to the Engineer and the owners, the following shall also apply to business establishments:
a) For each establishment (such as, but not limited to, gas stations, markets and other "drive in" businesses) on the corner of an intersection which has a driveway (or driveways) on each intersecting street, the Contractor shall provide vehicular access to at least one driveway on each intersecting street unless otherwise approved in writing by the Engineer. b) For each establishment (such as but not limited to motels, parking lots and garages) which has a one way traffic pattern with the appropriate entrance driveway and exit driveway, the Contractor shall provide vehicular access to both the entrance driveway and the exit driveway. c) The Contractor shall furnish, install, maintain and remove steel traffic plates at driveways as needed to provide continuous access, and at locatio ns where so requested by the Engineer. No separate payment will be made for steel traffic plates.

600-3 PEDESTRIAN ACCESS.

Replace the second paragraph with the following:

Pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work site at intervals not exceeding 500 feet shall be maintained unless otherwise approved by the Engineer.

In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer. When sidewalks are closed, “SIDEWALK CLOSED” signs shall be used at each approach to the closure and an approved alternate r oute provided. Pedestrians shall not be directed into direct conflict with vehicles operating within the Work site or other traffic. Where it is necessary to divert pedestrians into the parking la ne or a street, barricades or temporary traffic barriers shall be provided to separate the pedestrian walkway from the adjacent traffic lane.

SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRU CTION AND

MAINTENANCE WORK ZONES

601-1 GENERAL

Add the following:
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City of MB Form
SSTP-6-3

Street closures, detours, lane closures, signs, lights and other traffic control devices shall conform to these Special Provisions; the California Manual on Uniform Traffic Control Devices (California MUTCD – latest edition at the time of bid); the "Wo rk Area Traffic Control Handbook" (WATCH – latest edition at the time of bid); and Section 7-1 0 and Part 6 of the Standard Specifications. The California MUTCD is available at the following address:

http://www.dot.ca.gov/hq/traffops/engineering/mutcd/

In the event of conflict regarding temporary traffi c control, the order of precedence shall be as follows:

1. Special Instructions

2. Special Provisions

2. Temporary Traffic Control Plans (to be prepared by the Contractor)

3. California Manual on Uniform Traffic Control Dev ices

4. Work Area Traffic Control Handbook

5. Standard Specifications

Nothing in the Standard and Special Technical Provi sions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction.

Unless otherwise approved by the Engineer, the Cont ractor shall allow passage of public transit coaches through the Work area at all times. For the Metropolitan Transportation Authority (Metro), the Contractor shall notify the Stops and Zones Representative, (213) 922 5190, at least 48 hours prior to construction at bus stop zones to allow Metro to temporarily abandon and relocate bus stop zones within the construction area. Lips greater than one inch created during construction which is to remain overnight shall be ramped with temporary asphalt concrete at a slope not to exceed 1:1.

The roadway shall be cold milled and/or paved to full width at the end of each day.

Consistent with the City’s Right-of-Way Permit, tra ffic signal actuation shall be maintained at all times.

601-2 TEMPORARY TRAFFIC CONTROL PLAN.
601-2.1 General.

Replace the subsection with the following:

The Contractor shall prepare and submit a Traffic Control Plan (TCP) in accordance with 3-8.2.

The sheets of the TCP shall display the title, phas e identification, name of the firm preparing the TCP, approval block for each jurisdictional agency, north arrow, sheet number, and number of sheets comprising the TCP. General notes and symbol definitions shall be included when required.

The TCP shall graphically show the lists of street segments and street names, buffer spaces, lane configuration and lane width dimensions, advance signing, sign panel dimensions, striping details, transitions, vehicle and pedestrian detour routes a nd the figures for their typical WATCH application.

The TCP shall be drawn to a scale of 1 inch = 40 feet on common size plan sheets, either 11 inches x 17 inches or 2 feet x 3 feet, as dictated by the length of the Work. The TCP shall conform to the requirements listed in these Standard Specification s, Special Provisions, California MUTCD, and 12100-0001\2654178v1.doc
City of MB Form
SSTP-6-4

the Work Area Traffic Control Handbook, and shall be transmitted to the City for approval no later than fourteen (14) calendar days after the date of the Notice to Proceed with Preconstruction Requirements.

601-2.2 Payment.

Replace the subsection with the following:

Full compensation for compliance with the preceding TCP requirements shall be considered as being included in the Traffic Control items in the bid schedule and no additional compensation will be allowed therefor.

601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.
601-3.4 Operation and Maintenance.
601-3.4.1 General.

Replace the subsection with the following:

The Contractor shall be responsible for operation and maintenance of the TTC zone devices and services twenty-four (24) hours per day, seven (7) days per week, which includes holidays, from the date of Notice to Proceed to the completion and acceptance of the work. The Contractor shall patrol and monitor the Work site to ensure th at the TTC devices are in-place, properly positioned, and operational. The Contractor shall ensure that TTC devices are repaired, replaced, and cleaned as necessary to preserve their appearan ce and visibility. TTC devices that are damaged shall be repaired or replaced.

601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.
601-3.5 Signs and Signage.
601-3.5.1 General.

Replace the third paragraph with the following:

Temporary “No Parking” and “No Stopping” signs shal l be installed at least 72 hours before enforcement. Temporary “No Parking” and “No Stopping” signs shall be installed at one-hundred- foot (100') maximum spacing along each side of the affected streets prior to the commencement of the street improvement work and shall be removed along with, equipment, and other obstructions immediately upon completion, suspensio n, or rescheduling of work that will prohibit parking. The Contractor shall not post signs on tre es and utility poles. Where there is metered parking, “NO PARKING-TOW AWAY” signs must be placed on each meter post. The Contractor shall document the day, date, and hours, with the m unicipal code showing that parking will be prohibited on that particular street. The signs sha ll meet the requirements of City of Manhattan Beach Standard Plan MBSI-182A of Appendix IV. The p rinted notices and the "NO PARKING" signs shall be furnished and discarded by the Contractor.

Add the following:

Properly trained and experienced flaggers shall be provided to direct traffic when the traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.

601-3.6 Channelizing Devices.
601-3.6.1 General.
12100-0001\2654178v1.doc
City of MB Form
SSTP-6-5

Replace the subsection with the following:

Channelizing devices shall include cones, tubular m arkers (delineators), channelizers, drums, barricades, and temporary barriers. Channelizing devices shall be surface mounted type furnished, placed, and maintained at the locations shown on the TCP or as approved by the Engineer.

When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizer bases to the pavement, shall be removed. Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work.

601-3.6.4 Barricades.

Add the following:

All barricades shall be equipped with flashing warn ing lights, and all traffic cones shall be no less than 28 in. in height, except that shorter cones, 1 2 in. minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic.

The entire area of orange and white stripes for bar ricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95.

Type III barricades, no less than 6 ft. in length a nd equipped with two (2) Type “N” markers each and two (2) portable flashing beacons each, shall b e used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day’s duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. The barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 3 ft. except that one (1) 11 ft. wide gap between barricades shall be pro vided at the center of the street. Barricades to the right of the street’s center, facing the inbound vehicular traffic, shall also be equipped with one (1) R11-2, “Road Closed” sign, one (1) R11-4, “Road Closed to Thru Traffic,” sign, and a Type P warning sign.

601-3.7.5 Portable Changeable Message Signs (PCMS).

Replace the first sentence with the following:

For the duration of the onsite Work, two (2) PCMS s hall be furnished, placed, operated, and maintained by the contractor at the locations shown on the approved TCP.

601-3.7.6 Flashing Arrow Signs.

Add the following:

FLASHING ARROW BOARD(S) ARE MANDATORY FOR LANE CLOS URES ON MAJOR STREETS. They shall operate until traffic control is removed.

601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS. 601-4.2 Application

12100-0001\2654178v1.doc
City of MB Form
SSTP-6-6

Add the following:

i) Reflectorized (both sides) temporary self-adhesi ve markers, 4 in. wide, shall be applied to unstriped pavement surface before opening the trave l way to public traffic. Reflectorized temporary yellow markers shall be used to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers sha ll be used to delineate lanes of travel and placed in 24 in. intervals transverse to the ro ad to delineate stop bars and limit lines.

The reflectorized temporary markers shall be remove d the same day the thermoplastic striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged.

601-5 TRAFFIC LANE WIDTHS.

601-5.2 Lane Widths.

Replace the first paragraph with the following:

Unless otherwise specified or shown on the TCP, two -way vehicular traffic shall be maintained at all times within two (2) 10 ft. wide lanes on stree ts having an effective roadway width of 40 ft. or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 12 ft. wide lane with work activity being limited to one side a t a time, and the one-way vehicular traffic being maintained at all times by properly trained and exp erienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning.

Failure of the Contractor to maintain the required lane widths per the Project Specific Scope of Work and Traffic Control of the Special Provisions will result in a permanent payment deduction of $200 for each Incident that the Contractor fails to comply. An Incident is defined as the issuance of a written Correction Action Notice by the Engineer or his representative to the Contractor.

There will be a limit of one (1) Incident per four (4) hour time period and two (2) incidents per working day. The payment deduction is in addition to the City’s right to suspend work per Section 7-10.4.7 of the General Provisions.
12100-0001\2654178v1.doc
City of MB Form
STTP -7-1

PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM

The corresponding provisions in Part 7 (Street Ligh ting and Traffic Signal Systems) of the Standard Specifications are incorporated, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications an d these Special Provisions, these Special Provisions shall control.

SECTION 700 – MATERIALS
Add the following section:

700-6 VEHICLE SPEED FEEDBACK SIGN

IDC SpeedCheck 1520, Traffic Logix SafePace 625 or Evolution 15FM, and TrafficCalm IQ1500 or Approved Equal, mounted on a 17 feet Caltrans Type 1B pole. Vehicle Speed Feedback Sign shall meet the following requirements:

1. White sign background

2. Meets CA-MUTCD standards

3. 15” high full width LED numerals with high-contr ast, narrow-field display

4. High impact, anti-glare polycarbonate display co ver

5. “SLOW DOWN” message if exceeding set speed

6. Fully programmable display and activation 24/7/3 65

7. Internal traffic and speed data recording

8. Wireless controller programming with data downlo ad (cloud-based service not required)

9. Auto Dimming

10. Post-top solar powered

11. Field repairable (modular components replaceable with simple tools)

12. Quick change mounting hardware to relocate sign assembly to multiple poles

13. 10 Year LED light warranty, 3 Year product warranty and technical support

SECTION 701 - CONSTRUCTION

701-1 GENERAL

Except as otherwise specified in the General Provisions or on the Plans, all Work relating to traffic signals and incidental illuminated street name signs and safety lighting, including all equipment, materials, components, and the installation thereof , shall be in accordance with the City’s Technical Provisions for traffic signals, latest edition of the State Standard Plans (SSP) in effect and published at the Bid Deadline and Section 86 “S ignals, Lighting and Electrical Systems” of the latest edition of the State Standard Specificat ions (SSS) in effect and published at the Bid Deadline, unless otherwise indicated in the Technic al Provisions. With respect to traffic signal Work, the order of precedence, from highest to lowe st, shall be: City Technical Provisions, City Standard Plans, Section 86 of the State Standard Sp ecifications, State Standard Plans, County Standard Plans, and County Standard Specifications.

701-4 DAMAGE TO EXISTING SYSTEMS

Replace the subsection with the following:

Should any damage to an existing system to remain in place occur, which is not part of the work 12100-0001\2654178v1.doc
City of MB Form
STTP -7-2

shown on the Plans, the Contractor shall immediatel y notify the Engineer and arrange for the immediate repair and restoration of service. Where approved by the Engineer, a suitable temporary replacement system shall be provided, and the Contractor shall perform the repairs within 72 hours of damaging the system or receiving approval of the equipment and materials by the Engineer, whichever takes longer. Electrical sa fety clearance shall be obtained from the serving utility before performing any work on existing energized circuits. Equipment and materials used for repairs or replacements shall conform to 7 00 and be approved by the Engineer.

Installation shall be accomplished by the Contractor, subject to the approval of the Engineer prior to the start of construction.

701-5 TEMPORAY SYSTEMS

701-5.1 General

Add the following:

In the instance of damaged in-pavement loop detectors, approved alternatives include microwave or video detection systems (wireless allowed). After completion of the roadway construction and final paving in place, inductive loops shall be res tored and operable prior to the removal of the temporary detection system, unless otherwise shown on the Plans or required by the Special Provisions.

Damaged in-road warning light (IRWL) components shall be protected or replaced at the contractor’s expense, to the standards of the Engineer. Contact existing in-road warning light manufacturer Lane Light tech support at (866) 466-4836 for guidance in areas where in-road warning lights exist.
12100-0001\2654178v1.doc
City of MB Form
SSTP-9-1

PART 8 - LANDSCAPE AND IRRIGATION

The corresponding provisions in Part 8 (Landscape and Irrigation) 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.

800 – LANDSCAPING MATERIALS

801-4.1 General

Delete 1
st paragraph and add the following.

Nursery stock to follow the American National Stand ard for Nursery Stock ANSI Z60.1-2014 or latest edition. Contractor to notify Ernest Area 72 hours in advanced via email [email protected] or phone (310) 802-5305 for acceptance/rejection of selected trees at the project site.

801 - INSTALLATION

Add the following to this SECTION

801-4.10 Excavation around Trees to be Preserved

The Contractor shall use all possible care to avoid injury to trees and tree roots.

Excavation shall be done by hand where roots that are two (2) inches of larger in diameter occur.

All Roots (2) inches and larger in diameter shall be tunneled under and shall be heavily wrapped with wet burlap to prevent scarring or excessive drying. Where a trenching machine is run close to trees having roots smaller than two (2) inches i n diameter, the wall of the trench adjacent to the tree shall be hand trimmed making clean-cuts through, with equipment that has been cleaned and disinfected prior to use. Onsite roots one (1) inch and larger in diameter shall be painted with two coats of tree seal or equal. Trenches adjacent to trees shall be closed within twenty four (24) hours; and where this is not possible, the side of the trench adjacent to the tree shall be kept shaded with burlap or canvas and kept damp.

Contact Ernest Area, City of Manhattan Beach Urban Forester, (310) 802-5305, 72 hours prior to any root pruning.

801-4.10 Payment

Add the following:

Measurement and Payment for Place Fill and Install Sod, will be at the contract unit price bid per Lump Sum (LS) as measured in the field. Measurement shall include preparation of existing ground to accept suitable fill material and placement of sod and shall be considered full compensation for furnishing labor, materials, equipment, to complete the construction, as indicated and no additional compensation will be allowed therefore.

801-5 - IRRIGATION SYSTEM INSTALLATION

801-5.1 General

Delete 1st paragraph and add the following:
12100-0001\2654178v1.doc
City of MB Form
SSTP-9-1

The irrigation system shall be modified as a design-build item by the Contractor.

Site Inspection: Coordinating with the Property Owner's landscape m aintenance contractor, the Contractor shall review the pre-dev elopment site conditions to determine the layout and extent of the existing irrigation system (s). The revised irrigation system will need to continue providing irrigation water to the remaining plant materials AND provide irrigation to the proposed plant materials.

The Contractor shall install the modified irrigatio n system per best industry practices and the pertinent specifications located in this specification book.

Contact Ernest Area, City of Manhattan Beach Urban Forester, (310) 802-5305, 72 hours prior to tree removal, rooting pruning, and planting.

12100-0001\2654178v1.doc
City of MB Form
Appendix I-1

APPENDIX I

PROGRESS PAYMENT REQUEST FORM

TO: CITY OF MANHATTAN BEACH
Engineering Division, 1400 Highland Avenue, Manhattan Beach, CA 90266 PROJECT TITLE _____________________________________________________________________________________________ PROJECT NO. _________________________________________________________________________ FROM: CONTRACTOR _ _ _ Date ________________________
Address ____________________________________________________________________________________________________ Telephone _
Submitted by _
Progress Estimate # _
Contract Award Amount $ _

No. Description Contract
Quantity
Previous
Quantity
Quantity This
Estimate
Unit
Price
Amount
This
Estimate
Total Quantity
to Date
Total Amount
to Date

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 14.

Total
Less Retention
Less Previous Billing(s)
Total Amount Due

City Approval: _ _ Date: _

NOTE: An updated Project Schedule must be provided with each monthly progress payment in accordance with Section 6-1 of the General Provisions in addition to a Conditional Waiver and Release form per Section 9 -3.2.1

12100-0001\2654178v1.doc
City of MB Form
Appendix II-1

APPENDIX II
CONTRACTOR’S DAILY REPORT TO THE CITY
(Only the Contractor’s Foreman and Superintendent is authorized to complete this form.)

Project Name : _ _ Project Location:

Date: Report No.: _ Start Time: _ End Time:

Contractor’s Company Name : _ _

Contractor’s Foreman/Superintendent: _ _
Name Signature
Work Accomplished

Equipment on Site Hours

Workers on Site Classification Hours Company

Note: It is the responsibility of the Contractor to provide this completed form to the City every work ing day by 5:30 PM, without fail. Failure to do so may result in the corresponding monthly progress payment to be delayed 12100-0001\2654178v1.doc
City of MB Form
Appendix III-1

APPENDIX III

APPLICABLE CITY STANDARD PLANS

MEDIAN ISLAND(AS APPLICABLE)
GENERAL NOTES:1.CROSSWALKS SHALL BE ALIGNED WITH THE CURB RAMP TO PROVIDE A PEDESTRIAN PATH WIDTH OF 4 FEET MINIMUM.2.AT LOCATIONS WHERE THE REQUIRED LANDING AT THE BASE OF A CURB RAMP DOES NOT FALL WITHIN THE PROJECTION OF THE OUTER LIMITSOF CROSSWALKS, ADD DIAGONAL MARKING AS SHOWN.3.LIMIT LINES ARE REQUIRED AT ALL STOP AND SIGNALIZED APPROACHES. LIMIT LINES SHALL NOT BE USED AT UNCONTROLLED APPROACHES.4.THERMOPLASTIC MATERIAL SHALL BE PTH-02ALKYD PER CALTRANS STANDARD SPECIFICATIONS.5.GLASS BEADS SHALL BE 8010-004 (TYPE II) PER CALTRANS STANDARD SPECIFICATIONS.6.CONTINENTAL CROSSWALK MARKINGS SHALL BE PARALLEL TO TRAFFIC AND SPACED TO AVOID WHEEL PATH.7.CROSSWALK WIDTH MAY BE ADJUSTED BY ENGINEER TO ACCOUNT FOR PEDESTRIAN TRAFFIC VOLUME, RAMP LOCATION(S), AND/OR PEDESTRIANPUSH BUTTON LOCATION(S). CROSSWALK WIDTHS TO BE IDENTIFIED ON PROJECT DRAWINGS.8.WHERE SIGNAL DETECTION LOOPS ARE REQUIRED, FRONT LOOPS SHALL CONFORM TO TYPE D PER CALTRANS STANDARD PLAN RSP ES-5B.ADVANCE LOOPS SHALL CONFORM TO TYPE E PER CALTRANS STANDARD PLAN RSP ES-5B. DETECTION LOOPS TO BE INSTALLED PRIOR TOAPPLICATION OF NEW ROADWAY MARKINGS AND STRIPING.9.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CALTRANS STANDARD PLANS AND SPECIFICATIONS, LATEST EDITION, ANDSUPPLEMENTS THERETO, AND TO THE SATISFACTION OF THE ENGINEER.10.CONTRACTOR SHALL CATTRACK ALL STRIPING FOR CITY APPROVAL PRIOR TO FINAL STRIPING.CITY OF MANHATTAN BEACHDEPARTMENT OF PUBLIC WORKSCONTINENTAL CROSSWALK MARKINGSMBSI-174A-1 (ST-27)STANDARD PLAN NUMBERSHEET 1 OF 1

NOT TO SCALE
APPROVED BYPREM KUMAR, P.E., CITY ENGINEERDATE
DATE REVISED05/15/2019
10' TYP.,SEE NOTE 7.2' TYP.

LIMIT LINE, TYP.SEE NOTE 3.
12" TYP.3' SPACING TYP.
5' TYP.
4'TYP.

LANE LINES(AS APPLICABLE)CENTER LINE, TYP.CURB FACE (TYP) OR EDGE OFTRAVEL LANE, IF NONE.

CROSSWALK COVERAGE MUSTEXTEND TO AT LEAST THEMIDDLE OF THE CURB RAMP. 12"TYP.10' TYP.TYPE D LOOP.SEE NOTE 8.

TYPE E LOOP.SEE NOTE 8.
4'TYP.
3'TYP.

ALL CONTINENTAL BARS TOREMAIN RECTANGULAR IN SHAPE.MAINTAIN ALIGNMENT WITHVEHICULAR PATH OF TRAVEL. 07/28/2021
SEENOTE 2.
4'MIN.

SEE NOTE 1.

STREET R/W LINE, TYP.
07/29/2021
CITY OF MANHATTAN BEACHDEPARTMENT OF PUBLIC WORKSMID-BLOCK CROSSWALK STANDARD PLANAPPROVED BYPREM KUMAR, P.E., CITY ENGINEERDATESTANDARD PLAN NUMBERSHEET 1 OF 1 DATE REVISED04/27/2021
GENERAL NOTES:1.THIS MID-BLOCK CROSSWALK STANDARD SHOULD ONLY BE IMPLEMENTED AFTER AN ENGINEERING STUDY IS COMPLETED TO JUSTIFYITS INSTALLATION AT THE PROPOSED LOCATION.2.OPTIONAL SIGNS AND PAVEMENT MARKINGS SHALL ONLY BE INSTALLED AS DIRECTED BY THE CITY ENGINEER.3.WHEN DESIGNATED AS A SCHOOL CROSSING, CONTINENTAL CROSSWALK MARKINGS SHALL BE TRAFFIC YELLOW INSTEAD OF WHITEAND SHALL INCLUDE INSTALLATION OF SCHOOL CROSSING SIGNS (SW-24), AS DIRECTED BY THE ENGINEER.4.CONTINENTAL CROSSWALK MARKINGS SHALL BE PARALLEL TO TRAFFIC AND SPACED TO AVOID WHEEL PATH.5.THE LOCATION OF SIGNS MAY BE ADJUSTED BY THE ENGINEER DUE TO THE LOCATION'S SIGHT CLEARANCE, PROXIMITY TO THEEXISTING POLES, ETC.6."NO PARKING ZONE" LENGTH DETERMINATION MAY BE ADJUSTED BY THE ENGINEER DUE TO THE LOCATION'S SIGHT DISTANCE, LANECONFIGURATION, PREVAILING SPEED, ETC.7.ANY EXISTING STRIPING (INCLUDING RAISED PAVEMENT MARKERS) OR PAVEMENT LEGENDS WHICH CONFLICT WITH THE APPROVEDSTRIPING PLAN SHALL BE REMOVED BY WET SANDBLASTING OR GRINDING. ANY GRINDING OF PAVEMENT MARKINGS SHALL BE DONETO A SQUARE OR RECTANGULAR BLOCK SHAPE. ANY PAVEMENT OR RESURFACING IN THE OPINION OF THE CITY THAT HAS BEENDAMAGED BY THE WORK SHALL BE REPAIRED TO THE CITY'S SATISFACTION, AT NO EXPENSE TO THE CITY. NO BLACKOUT OFSTRIPING WILL BE ALLOWED.8.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CALTRANS STANDARD PLANS AND SPECIFICATIONS, LATEST EDITION,AND SUPPLEMENTS THERETO AND TO THE SATISFACTION OF THE ENGINEER.9.THERMOPLASTIC MATERIAL SHALL BE PTH-02ALKYD PER CALTRANS STANDARD SPECIFICATIONS.10.GLASS BEADS SHALL BE 8010-004 (TYPE II) PER CALTRANS STANDARD SPECIFICATIONS. ℄15'-0"10'-0"MIN.
20'-0"20'-0"B
E

DETAIL ANOT TO SCALE
B

PLAN VIEWNOT TO SCALE
MBSI-175A-0
10'-0"MIN.15'-0"
2'-0"
3'-0"
2'-0"10'-0"MIN.

CONSTRUCTION NOTES:WHITE CONTINENTAL CROSSWALK MARKINGS - REFER TO DETAIL AAND GENERAL NOTES.INSTALL CALTRANS W11-2 PEDESTRIAN SIGN AND W16-7P ARROW SIGNON EXISTING OR NEW POLE PER STANDARD PLAN MBLT-414A.(OPTIONAL: INSTALL TWO W11-2 SIGNS AND TWO W16-7P SIGNSBACK-TO-BACK ON SAME POLE.)OPTIONAL: RAISED RETROREFLECTIVE PAVEMENT MARKERS (RPM) TOMATCH CROSSWALK COLOR. RPM ARE NOT TO BE INSTALLED ON MBGRAN PRIX BICYCLE RACE CIRCUIT ROADWAY SEGMENTS.OPTIONAL: 'LOOK' LEGENDS TO MATCH CROSSWALK COLOR. REFER TODETAIL B.OPTIONAL: WHITE YIELD LINE - (4) ISOSCELES TRIANGLES CENTEREDIN LANE PER CALTRANS STANDARD PLAN A24E. YIELD LINES AREREQUIRED FOR MULTI-LANE APPROACHES.OPTIONAL: CALTRANS R1-5 'YIELD HERE TO PEDESTRIANS' SIGN ONEXISTING OR NEW POLE PER STANDARD PLAN MBLT-414A. R1-5 SIGNSARE REQUIRED FOR MULTI-LANE APPROACHES.RED CURB/NO PARKING ZONE: REMOVE ANY CONFLICTING PARKINGTEES BY WET SANDBLASTING OR GRINDING AS NECESSARY ANDRELOCATE PER STANDARD PLAN MBSI-135-01.

AB
CF E
D
F
FC
G A
5'-0"
5'-0"

DETAIL BNOT TO SCALE
1'-0"3'-0"
D
G1'-0"
℄EXISTING CENTERLINESTRIPING OR 1/2STREET WIDTH, IF NOTSTRIPED. 04/27/2021

12100-0001\2654178v1.doc
City of MB Form
Appendix IV-1

APPENDIX IV

MONUMENT INVENTORY LIST

12100-0001\2654178v1.doc
City of MB Form
Appendix V-1

APPENDIX V

NOTICE TO RESIDENTS
“SAMPLE ” NOTICE OF CONSTRUCTION

Date: {insert distribution date}

Project: CDBG PROJECT 602745-24 CYCLE 4 ADA CURB RAMP (P-928) Project Limits: {list streets here}
Project Dates: {insert Date 20XX to Date 20XX}

The City of Manhattan Beach Public Works Department has contracted with {insert Contractor’s Name} for the Capital Improvements Project: “CDBG Project 602745-24 Cycle 4 ADA Curb Ramp Project”. The project includes the removal of existing non- standard curb ramps, and the construction of new ADA compliant curb ramps with yellow truncated domes. Additional work consists of installation of hot-mix-asphalt slot paving, and replacement of damaged striping as necessary. Re-establishment of monuments for centerline- tie-related nails, tags, and tie-outs upon completion of construction.

Access to the area may be limited. Normal working hours will be between 8:30 am and 3:00 pm, Monday through Friday. Roadways are subject to reduced travel lanes between 8:30 am and 3:30 pm, Monday through Friday.

Temporary “NO PARKING” signs will be posted at least 72 hours in advance of the actual work on
your street with the dates and times that parking is restricted. Access for emergency vehicles, pedestrians and traffic will be maintained at all times. Trash pickup, street sweeping, and mail service will not be impacted.

Rain could have an impact on project
schedule. We ask that you refrain from running
excess water into the gutter during construction as it may delay improvements.

Please stay alert to all traffic control and signs at construction zones.

If you have any questions or concerns, please call the contacts below:

Contractor’s phone #, (xxx)xxx-xxxx
Name of the Project Foreman (xxx)xxx-xxxx

Thank you
Project Manager
Contractor’s Information
12100-0001\2654178v1.doc
City of MB Form
Appendix VI-1

APPENDIX VI
CONSTRUCTION PLANS*

*SEE SEPARATE CONSTRUCTION PLANS DOCUMENT

12100-0001\2654178v1.doc
City of MB Form
Appendix VIII-1

APPENDIX VII

SAMPLE CITY RIGHT-OF-WAY
PERMIT STANDARDS**

**NOTE ROW PERMITS SUBJECT TO CHANGE PER PROJECT

City of Manhattan Beach
Department of Public Works

PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
RIGHT OF WAY PERMIT – STANDARD CONDITIONS FOR WORK IN THE PUBLIC RIGHTS OF WAY (updated on March 9, 2018)

GENERAL REGULATIONS
 All contractors including subcontractors must obtain a right-of-way permit before commencing any work in accordance with Manhattan Beach Municipal Code Chapter 7.  All right of way permits are not valid beyond 90 calendar days from the date issued. Permits can be renewed as approved by the City Engineer.
 The City has a 1-Year Moratorium (no excavation work permitted) on any street that has been slurry sealed and a 3-Year Moratorium on any street that has been resurfaced.  All work area impacted must be restored to the latest Americans with Disabilities Act (ADA) standards.
 All permittees/contractors are required to comply with the City’s Dig Once Policy. This policy is available on the Public Works Department/Engineering Division website.  Work activities are limited to Monday through Friday from 7:30am until 5:00pm, unless specifically stated otherwise in the permit; no work is permitted on weekends or City holidays.  No overnight closure of any street or driveway will be allowed except as permitted by the City Engineer.
 The Contractor shall be responsible during all phases of the work to provide for public safety and convenience.
 Upon written notice, the City Engineer may cancel or revoke this permit for any cause whatsoever. Consequently, the Contractor shall restore all affected improvements to its original condition to the satisfaction of the City Engineer, at the Contractor’s sole expense, and vacate the public right-of-way. Should the Contractor fail to restore the affected improvements to its original condition, the City shall either perform the restoration work or have the work performed by an outside contractor. The Permittee and the Contractor, jointly and individually, must reimburse the City for the cost of said City-financed restoration work within thirty (30) calendar days from the date of receipt of a statement from the City.

LICENSING
 Contractor shall maintain an active contractor’s state license of the proper license class throughout the term of this permit.
 Contractor shall maintain an active City of Manhattan Beach business license throughout the term of this permit.

INSURANCE, SUBROGATION and INDEMNITY
 Permittee and/or Contractor shall maintain on City files throughout the term of this permit a City-approved general liability insurance policy and endorsement naming the City additional insured on primary basis. Insurers must be admitted to do business in the state of California and possess a current A.M. Best rating of no less than “A.VII”.  Permittee and/or Contractor shall maintain on City files throughout the term of this permit a City-approved workers’ compensation and employers’ liability insurance policy or declaration.  Acceptance of the right of way permit and/or initiating work in the right of way is prima facie evidence that Permittee and/or Contractor, jointly and individually, hereby waive(s) their/its right of subrogation against the City of Manhattan Beach, its officers, elected and appointed officials, employees and volunteers for any loss, liability, damage, or cost sustained by any person or property arising out of work or operations performed by or on behalf of the Permittee and/or Contractor, including materials, parts, or equipment furnished in connection with such work or operation.
 Acceptance of the right of way permit and/or initiating work in the right of way is prima facie evidence that Permittee and/or Contractor, jointly and individually, hereby agree(s) to indemnify, defend and hold harmless the City of Manhattan Beach, its officers, elected and appointed officials, employees and volunteers for any loss, liability, damage, or cost sustained by any person or property arising out of work or operations performed by or on behalf of the Permittee and/or Contractor, including materials, parts, or equipment furnished in connection with such work or operation.

NOTIFICATIONS
 Permittee and/or Contractor shall notify the Public Works Inspector three (3) working days prior to the commencement of any work within the public right-of-way.  Permittee and/or Contractor shall notify affected residents and businesses (the public) three (3) working days prior to the commencement of any work within the public right-of-way.  Permittee and/or Contractor shall provide a 72-hour notification to the Police Department and Fire Department in the event of a change in street/lane closure to traffic and/or public safety vehicles, parking restriction, and on each Monday morning during the construction period.  Written notices shall provide the Permittee’s and Contractor’s 24-hour telephone number, the nature of the proposed work, as well as the anticipated time of commencement and completion of said work.
 All written notices that will be distributed to the public must be first submitted to the City Engineer and/or his representative for review and approval prior to distribution.

PROTECTION OF EXISTING UTILITIES
 Permittee and/or Contractor shall call Underground Service Alert prior to any excavation.

Government Code Section 4216/4217 requires a Dig Alert identification number to be issued before a permit to excavate will be valid.
 It shall be the responsibility of the Contractor to locate all substructures within the alignment of the proposed improvements. In the event of substructure damage, the Contractor shall bear the total cost of repair or replacement.
 All existing utilities shall be maintained and protected in place by the Contractor, unless otherwise noted. Existing utilities and/or new improvements shall be supported as required by the City Engineer and in accordance with SPPWC Standard Drawing 224-2.  Contractor shall remove all project related Underground Service Alert paint markings on pavement surfaces prior to final acceptance.

TRAFFIC CONTROL
 The Contractor shall submit a traffic control plan for approval prior to start of work for any conditions not covered by the “Work Area Traffic Control Handbook” (WATCH Manual) or CA MUTCD Contractor to the City Traffic Engineer and to the City Engineer or their representatives for approval.
 It is the responsibility of the Contractor performing work on a public street to install and maintain the traffic control devices according to the WATCH Manual or California MUTCD, to insure the safe movement of traffic and pedestrians through or around the work area and provide maximum protection and safety to construction workers. All barricades shall be equipped with flashing/steady burn warning lamps at night. All cones, delineators, barricades, and "k" rail shall be reflectorized. All traffic control shall be kept in their proper position at all times, and shall be repaired, replaced, or cleaned as necessary to preserve their appearance and continuity. Any devices not part of the required traffic control or detours shall be removed from the view of the travelling public immediately.
 The Contractor shall notify the Metro/Beach Cities Transit Bus Stops and Zones Dispatchers and any other affected transit services at least two working days prior to construction.  The Contractor shall coordinate with the City Traffic Engineer on traffic signal timing adjustment at least two working day prior to applicable construction. Protect traffic signal detectors in place or replace within 5 calendar days of final paving.  Contractor shall obtain approval of the City Traffic Engineer and/or his representative prior to posting No Parking signs. City approved “No Parking Sign” only must be utilized for posting. A sample layout of the City approved “No Parking Sign” can be found on the Engineering Division Website. Please order and pickup this sign from Maneri Sign Company located at 1928 W.135th Street, Gardena, CA 90249. Phone number is (310) 327-6261.  Contractor shall post No Parking signs 72 hours prior to enforcement.  Contractor shall ensure that construction vehicles use designated truck route to commute to project site.
 Any work or traffic control on Sepulveda Boulevard (State Highway Route 1), or on City cross streets which will impact Sepulveda Boulevard traffic, shall require a Caltrans Encroachment Permit prior to applying for a City permit.
 Any vehicular travel lane closures must be pre-approved by the appropriate City representative.

At least one travel lane in each direction must be maintained at all times unless otherwise pre- approved by the appropriate City representative. Full street closure is strictly not permitted unless otherwise pre-approved by the appropriate City representative.  Construction activities on Arterial and Collector roadways (see City website for Roadway Classification Map) cannot result in any travel lane impacts between 9 am and 3:30 pm.  Flashing Arrow Boards and Changeable Message Signs are mandatory for lane closures on Arterial and Collector roadways. They shall operate until traffic control is removed.  A pedestrian access plan must be prepared and submitted to the City for approval if pedestrian pathways are closed due to the affected work. Closed sidewalks shall be posted with “SIDEWALK CLOSED” signs at each approach to the closure and an approved alternate route provided.

STANDARD OF PERFORMANCE
 All work shall comply with the latest edition of the “Standard Specifications for Public Works Construction” and all City standards.
 Contractor shall ensure that all works comply with the requirements of the latest edition of Cal/OSHA construction safety orders to the satisfaction of the City Engineer and/or his representative. Excavations that equal or exceed five (5) feet in depth, into which a person is required to descend, and the construction or the demolition of any scaffolding falsework, building or structure more than three stories high, requires a separate permit from Cal/OSHA.  Contractor is advised to perform due diligence soils tests for possible contamination prior to any excavation. Contractor is responsible for handling and disposing of any contaminated soil excavated and must be handled appropriately in accordance with the requirements of the Department of Toxic Substance and the City’s Fire Department.  Contractor shall ensure that all works comply with the requirements of the Clean Water Act (CWA) and the National Pollutant Discharge Elimination System (NPDES) to the satisfaction of the City Engineer and/or his representative. Contractor shall adhere to the selected Best Management Practices (BMP) plan and all additional corrective steps as required by the City Engineer and/or his representative. Contractor is hereby advised that Contractor shall be subject to fines from the CA Regional Water Quality Control Board (RWQCB), the State Department of Fish and Game and the United States Coast Guard for any water pollution caused by the Contractor.
 Permittee and/or Contractor shall keep the public right-of-way clean and clear for pedestrian and vehicular traffic at all times to the satisfaction of the City Engineer and/or his representative.
 Permittee and/or Contractor shall not store debris, materials or equipment within the public right-of-way without the prior written consent of the City Engineer and/or his representative.  Permittee and/or Contractor shall enforce the City’s noise and dust control requirements at all times to the satisfaction of the City Engineer and/or his representative.  All concrete and bituminous pavement must be saw cut prior to removal. Sections of concrete must be removed to the nearest score line or joint. All street pavement must be restored to the T-cut section per City Standard Drawing ST-10.
 Depth of any new substructure installed in the street must be 24-inches below the established flow line of the nearest gutter (or the nearest outermost edge of the traveled portion of the street). Depth of any new substructure installed in the parkway must be 16-inches below the nearest gutter
 All excavations shall be backfilled or steel plated (skid resistant and noise muffled) at the end of each working day and roads open to vehicular traffic unless otherwise approved by the City Engineer. Only recessed steel trench plates are allowed on any street that has a posted speed limit that exceeds 25 mph.
 All arterial & collector asphalt roadway lanes impacted by the trench excavation work shall be restored with 1-1/2-inch grind and cap. Similarly, local asphalt roadway lanes shall be restored with a Type II Slurry Seal application.
 Permanent pavement repairs shall be made within thirty (30) days after excavation work is completed. Permittee and/or Contractor is responsible for replacing all traffic striping and pavement markings.
 Any striped roadway that is to be left unstriped overnight shall be delineated with temporary raised reflective markers by the Contractor.
 Place temporary striping within 24 hours after final paving and place permanent striping and pavement markings within seven (7) calendar days after final paving.  All existing survey monuments, markers and centerline ties within the work area (to be removed or damaged) must be identified and tied-out by a licensed surveyor and replaced at the Permittee’s expense..
 Contractor’s copy of this permit, including all attachments, along with an approved set of project plans and specifications shall be kept at the project site, ready for inspection by any authorized agent of the City upon demand.

REPORTS
 Permittee and/or Contractor shall submit the following to the Public Works Inspector during construction and prior to requesting Final Inspection:
o Concrete Material Classification Reports
o Asphalt Material Classification Reports
o Compaction Reports
o All other reports and documents as requested by the City Engineer and/or his representative

INSPECTION
 A preliminary inspection/pre-construction meeting is required prior to the start of work.  Permittee and/or Contractor shall ensure that all works within the public right-of-way are inspected and approved by the Public Works Inspector.
 Permittee and/or Contractor shall arrange for Public Works inspection 24 hours in advance for normal on-going work, contact the Public Works Inspector at (310) 802-5306 for all inspection requests.
 Permittee and/or Contractor shall ensure that the public works inspector is scheduled to inspect one or more of the following activities:
o All forms have been properly installed and are ready to receive concrete. o A substratum in a pavement section has been properly compacted as required, compaction test performed and is ready to receive the next layer of pavement. o All pipes and conduits have been properly installed into their trenches and are ready to be covered.
o Concrete is being placed and finished.
o Subbase, base or asphalt concrete layer is being installed. o Trenches are being backfilled and compacted.
 Permittee and/or Contractor shall ensure that the public works inspector is scheduled to inspect entire project when all work is done. All required reports and/or documents must be reviewed and approved by the City Engineer and/or his representative prior to City final sign-off to close out the permit.

City of Manhattan Beach

RIGHT-OF-WAY PERMIT
Standard Conditions for
Partial Street Closures for Residential Local Streets

REV 12-11-2017

REQUIREMENTS

1. These Standard Conditions are valid for temporary encroachme nt work conducted within a partial street closure on residential local streets only, as defined by the General Plan Functional Classification Map (Page 2). Exception:

Any partial street closure on Ocean Drive must be approved separately by the City Traffic Engineer.

2. The Contractor shall obtain a City Permit for work performed in the right-of-way, and provide the City with general liability insurance in the amount of $1,000,000.00, naming the City as additionally insured. (See MBMC 9.44.060)

3. All work and traffic control devices shall comply with the “ Work Area Traffic Control Handbook”, latest edition, or California MUTCD, as detailed below.

4. For partial street closures are unable to meet these Standar d Conditions, the Contractor shall submit a customized traffic control plan for approval by the City Traffic Engineer at least 5 working days prior to start of work.

5. Partial street closures are limited to the hours between 8:3 0 a.m. and 3:30 p.m. unless otherwise authorized on the permit. Closures shall NOT be used for contractor parking.

6. One 12-feet wide travel lane shall remain open at all times adjacent to the work zone.

7. Where necessary, properly post "TEMPORARY NO PARKING ANYTIME " signs at least 72 hours before start of work. The Contractor shall notify the Police Department immediately upon posting signs at (310) 802-5466.

8. Access to adjacent driveways and garages shall be maintained at all times unless prior written notice is provided to all affected residents at least 72 hours prior to lane/street closure.

9. Vehicular and pedestrian access to adjacent properties shall be provided at all times. Closed sidewalks shall be posted with “SIDEWALK CLOSED” si gns at each approach to the clo sure and an approved alternate route provided.

10. Notify Fire and Police Depar tments at (310) 802-5466 prior to starting work within right-of-way or closing lanes/streets every day.

11. Any revisions to the traffic control plan or requirements shall be approved by the City Traffic Engineer.

NDARD TRAFFIC CONTROL PLAN – PARTIAL STREET CLOSURE

LEGEND

Work Zone
Delineators (@ 10’)
Warning Sign
Type II Barricade
C23
C23
C23
C23
Curb or edge of roadway 
12’ Min Clear
C30
C30
Post C23 sign on street if longer than 100’
Post Temp No Parking Signs 72 Hours Prior if Needed.
100’
Post Temp No Parking Signs 72 Hours Prior if Needed.

Curb or edge of roadway 

JOBSITE
Post C23 signs on cross
streets if work zone is less
than 100’ from intersection.

_____________________

PARTIAL STREET

CLOSURE HOURS
8:30AM-3:30PM

STANDARD TRAFFIC CONTROL PLAN FOR PARTIAL STREET CLOSURE

ON RESIDENTIAL LOCAL STREET
© MDG Associates, Inc. 2022
Appendix VIII - City of Manhattan Beach
Community Development Block Grant Project
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Federal Labor Standards Provisions – HUD-4010
Federal Equal Employment Opportunity / Affirmative Action Provisions Contracting With Small Business, Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms
Compliance with Clean Air and Water Acts
Worker’s Compensation Certification
List of Proposed Subcontractors or Sub-Tier Contractors Certification of Understanding and Authorization
Request for Additional Classification and Rate
Non-Segregated Facilities Certification
Past Performance Certification
Notice of Equal Employment Opportunity
Minority and Women’s Business Enterprise Tiered Compliance Plan Federal Lobbyist Certification
County Lobbyist Certification
DOL Form WH 347 - Certified Payroll Report
Fringe Benefit Statement
Federal Wage Decision
Exhibit 16A
602745-24
Cycle 4 ADA Access Ramps
CIP NO. P-928
1 Exhibit 17
EXHIBIT 1
Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Prevailing Wage Statement : This contract wil l be funded in whole or in part with federal housing and
community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document.

This is project is a public work in the State of California, funded in whole or in part with public funds.

Therefore, the higher of the two a pplicable prevailing wage rates, federal or state, will be enforced. The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to
employ apprentices, in cluding forfeitures and debarment. The State Wage De
cision is on file at the City Clerk’s office, and is also available online at http://www.dir.ca.gov/dlsr/.

Apprenticeship Program: Attention is directed to Sections 1777.5, 1777. 6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure comp
liance and complete understanding of the law regarding apprentices.

Minority and Women Owned Busin ess: Bidders will be required to document their status as a Min
ority Business Enterprise (MBE), a Women-owned Business Enterprise (MBE) or a non-MBE/WBE firm. Bidders that are not MBE/WBE firms will be required to make a good faith effort, and to document their efforts to include firms as part of the contract bid.

Conflict of Interest: In the procurement of supplies, equipment, construction, and services, the conflict of interest provisions in 2 CFR 200.318 shall apply. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
© MDG Associates, Inc. 2022
2 © MDG Associates, Inc. 2022
EXHIBIT 2
Federal Labor Standards Provisions
(Next Page)
3 HUD-4010 (06/2022)
Previous editions are obsolete. Page 1 of 5 ref. Handbook 1344.1 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis-Bacon and Labor Standards A. APPLICABILITY
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
(1) MINIMUM WAGES
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications.
(A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division (“Administrator”), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget (“OMB”) under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.)
4 HUD-4010 (06/2022)
Previous editions are obsolete. Page 2 of 5 ref. Handbook 1344.1 (D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis-Bacon Act contracts. (3) Payrolls and basic records.
(i) Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid.

Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports.
(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 5 HUD-4010 (06/2022)
Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S.

Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph (a)(3)(ii)(b).
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. 6 HUD-4010 (06/2022)
Previous editions are obsolete. Page 4 of 5 ref. Handbook 1344.1 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.
(6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of Eligibility.
(i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
7 HUD-4010 (06/2022)
Previous editions are obsolete. Page 5 of 5 ref. Handbook 1344.1 (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000 . As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S.

Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph.

C. HEALTH AND SAFETY
The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 8 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions EXHIBIT 3
Federal Equal Employment Opportunity / Affirmative Action Provisions

1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that app licants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; re cruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants wi ll receive consideration for employment without regard to race, color, religion, sex, or national origin.
c. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers’ representative of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor’s noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Exec utive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the provisions of Paragraph 1a through 1g in every subcontract or purchase order unless ex empted by rule, regulations, or orders of 9 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such actio n with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

2. NOTICE OF REQUIREME NT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 11246)
a. The Offeror’s or Bidder’s attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The go als and timetables for minority and female participation, expressed in percentage terms for the contractor’s aggregated work force in each trade on all construction work in the covered area, are as follows:

Timetables
Location of Work by
Standard Metropolitan
Statistical Area (SMSA)
Goals for Minority
Participation in
Each Trade
Goals for Female
Participation in
Each Trade
0360 Anaheim-Santa Ana-Garden Grove, CA 11.9% 6.9%
4480 Los Angeles-Long Beach, CA 28.3% 6.9%
6000 Oxnard-Simi Valley-Ventura, CA 21.5% 6.9%
6780 Riverside-San Bernardino-Ontario, CA 19.0% 6.9%
7480 Santa Barbara-Santa Maria-Lompoc, CA 19.7% 6.9%
7320 San Diego, CA 16.9% 6.9%
6920 Sacramento, CA 16.1% 6.9%
8520 Tucson, Pima AZ 24.1% 6.9%
6200 Phoenix, Maricopa AZ 15.8% 6.9%
These goals are applicable to all the contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non - federally involved construction.

The contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the sp ecifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall ma ke a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract, the Executive Order, and the regulations of 41 10 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
c. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and com pletion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los An geles-Long Beach, specifically the County of Los Angeles, State of California.

3. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications:
(1) Covered area means the geographical area described in the solicitation from which this contract resulted;
(2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;
(3) Employer Identification Number (E IN) means the Federal Social Security Number used on the Employer’s Quarterly Federal Tax Return, United States Treasury Department Form 941.
(4) Minority includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin)
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of th e Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,00 0 the provisions of these specifications and the 11 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. c. If the contractor is participating (pursuan t to 41 CFR Part 60 -4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcont ractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith perf ormance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and train ing of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.

The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor’s obligation s under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
f. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be emplo yed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor’s compliance with these specifications sha ll be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
12 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor’s employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contr actor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contract or or its unions have employment opportunities available, and maintain a record of the organization’s responses.
(3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the-street applicant and minority or f emale referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor b y the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director w hen the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor’s efforts to meet its obligations. (5) Develop on -the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and t rainee programs relevant to the contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above.
(6) Disseminate the contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards acces sible to all employees at each location where construction work is performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on - site supervisory 13 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A writte n record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor’s EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as t he above, describing the opening, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the EEO policy and the contractor’s obligations under these specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations t o minority and female contractor associations and other business associations. 14 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions (16) Conduct a review, at least annually, of all supervisors’ adherence to and performance under the contractor’s EEO policies and affirmative action obligations.
h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor -union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor’s minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s, and failure of suc h a group to fulfill an obligation shall not be a defense for the contractor’s noncompliance.

I. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantia lly disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
j. The contractor shall not use th e goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin.
k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontract s as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragra ph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice).
15 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understa ndable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
p. The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor’s or subcontractor’s entire work force which is working in the area covered by the goals and timetables, shall be published a s notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2.

4. SPECIFIC EEO REQUIREMENTS . For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall:
a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed.
c. Send a notice of the contractor’s commitment to equal employment opportunity to labor un ions or representatives of workers prior to commencement of construction work.
d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment.
16 © MDG Associates, Inc. 2022 EEO/Affirmative Action Provisions e. For contracts in excess of $10,000, bind subc ontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract.
f. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor’s List of Federal and Non- Federal Work in Bid Condition Area to the monthly report.

5. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimin ation under any program or activity receiving Federal financial assistance.

6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 . No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

7. THE AGE DISCRIMINATION ACT OF 1975 . No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

8. REHABILITATION ACT OF 1973 . No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.
17 © MDG Associates, Inc. 2022 MBE/WBE Plan
EXHIBIT 4
Minority and Women’s Business Enterprise Reporting
Background: The Awarding Agency is a recipient of federal housing and community development assistance through the U.S. Department of Housing and Urban Development (HUD). As part of its commitment in use of these federal funds, the Awarding Agency is requi red to submit a report to HUD pertaining to the Awarding Agency’s Minority Business Enterprise (MBE) and Women’s Business Enterprise (WBE) contracting and subcontracting activity generated through the expenditure of HUD funds. As a potential awarded contra ctor for this project, the Awarding Agency requires all bidders to comply with federal regulations at 2 CFR Part 200.321 “Contracting with Small and Minority Firms, Women’s Business Enterprise, and Labor Surplus Area Firms” and to make every effort to obtain MBE/WBE participation on this project per the identified instructions below.

Policy/Instructions: In accordance with federal regulations at 2 CFR Part 200.321 cited above, the bidder shall supply information about the u tilization of MBE/WBE firms as part of this contracting opportunity through:

A. Using qualified small and minority businesses and women’s business enterprises on solicitation lists.

B. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.

C. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business and women’s business enterprises participation.

D. Where the requirement permits, establishing delivery schedules, which will encourage participation by small and minority businesses and women’s business enterprises .

E. Using the services and assistance of the Small Business Administration and Minority Business Development Agency of the Department of Commerce.

Where a bidder is not a MBE/WBE firm based on completion of Part 1 of the Minority and Women’s Business Enterpr ise Reporting form on the following page, the bidder shall provide information concerning each subcontract or sub-tier contract to be awarded to MBE/WBE firms (Part 2 of the Minority and Women’s Business Enterprise Reporting form). Where no MBE/WBE firms are proposed to participate, the bidder shall provide evidence that at least three (3) of the outreach efforts listed in Part 3 were implemented.

Definitions
MBE/WBE: Minority and women business enterprises are defined as any financial institution, business, service, contracting business which is solely owned and operated by a minority group member or women or that is more than 50% owned by minority group members or women. If the enterprise is publicly owned, the minority/women members or stockholders must h ave at least 51% interest and possess control over management, capital and earnings.

Minority Group Member:
• Black: A person with origins in any of the black racial groups of Africa. • Hispanic: A person of Mexican, Puerto Rican, Cuban, Central or South Ameri can descent and Spanish culture. Portuguese are excluded from the Hispanic category and are classified according to their race.
18 © MDG Associates, Inc. 2022 MBE/WBE Plan
• Asian or Pacific Islander: A person having origins in the Far East, Southeast Asia, Indian subcontinent or Pacific Islands.
• American Indian or Alaskan Native: A person with origins in original peoples of North America, and who maintain cultural identifications through tribal affiliation or community recognition.
• Women: Female gender.
19 © MDG Associates, Inc. 2022
EXHIBIT 5
Compliance with Clean Air and Water Acts
During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following:

1. A stipulation by the contractor or subcontractors, that any facility to be utilizes in the performance of any non-exempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under.

3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indica ting that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.

4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions.
20 © MDG Associates, Inc. 2022
EXHIBIT 6
Worker’s Compensation Certification

DATE PROJECT NAME PROJECT NUMBER

COMPANY NAME PHONE

COMPANY ADDRESS
I certify, by signature below, that I am aware of the provisions of Section 3700 of the California 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.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
21 © MDG Associates, Inc. 2022
EXHIBIT 7
List of Proposed Subcontractors or Sub-Tier Contractors

PROJECT NAME PROJECT NUMBER AWARDING AGENCY

COMPANY NAME BID/CONTRACT/SUBCONTRACT DOLLAR AMOUNT PHONE NUMBER

COMPANY ADDRESS FAX NUMBER
LICENSE NUMBER Unique Entity Identifier (UEI) Number FEDERAL TAX ID NUMBER E-MAIL Contractor must list all subcontracts or sub-tier contracts involving labor at the site of construction, regardless of dollar amount or percentage of bid.

Sub or Sub-tier Contractor’s:

Name, Address, and Telephone Number
Contractor
License
Number
Employer
Identification
Number
DUNS
Number
Contract
Amount
Estimated
Start
Date
Estimated
Completion
Date Trade(s) to be Used

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY AUTHORIZED OFFICIAL SIGNATURE DATE 22 © MDG Associates, Inc. 2022
EXHIBIT 8
Certification of Understanding and Authorization

PROJECT NAME/NUMBER AWARDING AGENCY

COMPANY NAME

COMPANY ADDRESS
LICENSE NUMBER Unique Entity Identifier (UEI) Number FEDERAL TAX ID NUMBER This is to certify that the principal(s), and the authorized payroll officer listed below, have read the “Contractor’s Guide to Prevailing Wage Requirements for Federally Assisted Construction” and the Federal Labor Standards Provisions (HUD -4010 form) and that both parties understand these requirements.

The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project:

PAYROLL OFFICER: (Individual Responsible for Signing Statements of Compliance)

NAME TITLE

SIGNAURE DATE
PRINCIPAL OWNER / GENERAL PARTNER: (Listed on CSLB Personnel List)

NAME TITLE

SIGNAURE DATE
23 © MDG Associates, Inc. 2022
EXHIBIT 9
Request for Additional Classification and Rate
(Next Page)
24 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

REPORT OF ADDITIONAL CLASSIFICATION AND RATE

1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER

4. BRIEF DESCRIPTION OF PROJECT

6. WAGE DECISION NO. (include modification number, if any) ☐ COPY ATTACHED

8. WORK CLASSIFICATION(S)

9. PRIME CONTRACTOR (name, address)
9b. SIGNATURE
HUD FORM 4230A
OMB Approval Number 2501-0011
(Exp. 8/31/2022)

3. LOCATION OF PROJECT (City, County and State)

5. CHARACTER OF CONSTRUCTION
☐ Building Residential
Heavy ☐ Other (specify)
Highway
DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE
DATE (LOCK-IN):

HOURLY WAGE RATES
BASIC WAGE FRINGE BENEFIT(S) (if any)
9a.

Agree
DATE Disagree

10. SUBCONTRACTOR/EMPLOYER, IF APPLICABLE
(name, address)
Check All That Apply:
☐ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision.

The proposed classification is utilized in the area by the construction industry.

The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision.

The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). ☐Supporting documentation attached, including applicable wage decision.

Check One:
☐Approved, meets all criteria. DOL confirmation requested. ☐One or more classifications fail to meet all criteria. DOL decision requested.

FOR HUD USE ONLY
LR2000:

Agency Representative
(Typed name and signature)
Date
Log in:

Log out:

Phone Number
HUD-4230A (8-19) PREVIOUS EDITION IS OBSOLETE
25 © MDG Associates, Inc. 2022
EXHIBIT 10
Non-Segregated Facilities Certification

PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT

COMPANY NAME

COMPANY ADDRESS
LICENSE NUMBER Unique Entity Identifier (UEI) Number FEDERAL TAX ID NUMBER The federally-assisted construction contractor certifies that he/she does not and will not:

1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments.

2. Permit his/her employees to perform their services at any l ocation, under his/her control, where segregated facilities are maintained.

The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the t erm segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, t ransportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise.

The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

PROJECT NAME PROJECT NUMBER NUMBER OF EMPLOYEES

COMPANY NAME

COMPANY ADDRESS
LICENSE NUMBER Unique Entity Identifier (UEI) Number FEDERAL TAX ID NUMBER The bidder, proposed sub -contractor, hereby certifies that he/she has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she has, has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s C ommittee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60 -1.7(b)(1), and must be submitted by bidders and pr oposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

SF-100 (EEO-1) must be filed by:
(A) All private employers who are:
(1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees.
(B) All federal contractors (private employers), who:
(1) Are not exempt as provided for by 41 CFR 60-1.5
(2) Have 50 or more employees, and
a. Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. 27 © MDG Associates, Inc. 2022
EXHIBIT 12
Notice of Equal Employment Opportunity
TO:

NAME OF LABOR UNION, WORKERS REPRESENTATIVE, ETC.

ADDRESS

PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT

COMPANY NAME

COMPANY ADDRESS
LICENSE NUMBER Unique Entity Identifier (UEI) Number FEDERAL TAX ID NUMBER The Undersigned currently holds a contract with
involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract.

You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin.

This obligation not to discriminate in employment includes, but is not limited to the follow:

1. Hiring, placement, upgrading, transfer or demotion;

2. Recruitment, advertising or solicitation for employment;

3. Treatment during employment;

4. Rates of pay or other forms of compensation;

5. Selection for training, including apprenticeship; and

6. Layoff or termination.

This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be poste d by the undersigned in conspicuous places available to employees or applicants for employment.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
28 © MDG Associates, Inc. 2022
EXHIBIT 13
Minority and Women’s Business Enterprise Reporting

THIS REPORT MUST BE SUBMITTED WITH YOUR BID FOR THIS FEDERALLY-FUNDED CONTRACT OPPORTUNITY PART 1- BUSINESS INFORMATION FOR CONTRACTOR

DATE PROJECT NAME PROJECT NUMBER

FIRM NAME PHONE

BUSINESS ADDRESS
TYPE OF FIRM:
(Check One and Provide Information)
Individual Name of Owner
Corporation State of Incorporation:

Partnership Indicate General “G”, Limited “L”:

Name of Partners:

Joint Venture Joint Venture Participants:

Number of year(s) firm has been in business under present ownership:

OWNERSHIP DEMOGRAPHICS:
(Provide the number of owners by race or gender category and the percentage of ownership interest of those individuals) Black Hispanic Alaskan Native/
American Indian
Asian/
Pacific Islander White Women
Number
% of Assets
Owned
OWNERSHIP INFORMATION:
(List each owner of the firm that has 5 percent or more of the shares in the firm) Name Race Sex Years of
Ownership
Ownership
Percentage
Voting
Percentage
I certify that the information provided herein is true and correct. Federal EIN:

License Number:

DUNS Number:

SIGNATURE DATE
IF LESS THAN 50% MINORITY OR WOMEN OWNED, PROCEED TO PART 2 AND PROVIDE INFORMATION ON SUBCONTRACTS OR SUB-TIER CONTRACTING WITH MBE/WBE FIRMS. 29 © MDG Associates, Inc. 2022
PART 2

MBE AND WBE SUBCONTRACTING

DATE PROJECT NAME PROJECT NUMBER

FIRM NAME PHONE

BID DATE BID/CONTRACT AMOUNT
Provide information on each subcontract or sub-tier contract to be awarded to MBE/WBE firms.

Attach a completed copy of Part 1 (previous page) from each MBE/WBE firm listed below.

Subcontractor Firm Name Scope of Work /
Supplies to be Provided
Check One Dollar amount contract: MBE WBE
I certify that the information provided herein is true and correct. Subcontract Type Dollar Amount Percentage of Total Bid MBE: $ %
WBE: $ %

SIGNATURE DATE
IF BIDDER / CONTRACTOR IS LESS THAN 50% MINORITY OR WOMEN OWNED (Part 1) AND IF MBE AND WBE FIRMS ARE NOT SUBCONTRACTED (Part 2), PROCEED TO PART 3 AND COMPLETE THE CONTRACTING / GOOD FAITH EFFORT CERTIFICATION 30 © MDG Associates, Inc. 2022
PART 3

CONTRACTING/GOOD-FAITH EFFORT CERTIFICATION
This certification must be signed and submitted with your bid or proposal when the bidder is not an MBE or WBE (Part 1) or does not subcontract with MBE or WBE firms (Part 2).

Please initial where indicated that you have read and complied with at least three (3) of the Good Faith Efforts listed below. You must attach d ocumentation to demonstrate that at least three (3) good -faith efforts were made to secure MBE/WBE participation in this contracting opportunity. Your good-faith effort will be evaluated in accordance with the criteria listed below.

Good Faith Efforts Implemented (Minimum of 3)
Initial here
if true and
correct

1. The Bidder/Firm attended a pre-bid meeting hosted by the awarding agency to gain knowledge of the project requirements and goals (if a pre-bid meeting was offered).

2. The Bidder/Firm advertised the availability of subcontracting or supply opportunities for MBE/WBE firms in connection with this project. If so, complete the following:

Media where advertised:

Media contact information:

Date(s) of advertisement:

Attach copies of the advertisement(s) to this form and submit with bid.

Note: Electronic advertisements are acceptable.

3. The Bidder/Firm provided interested potential MBE/WBE subcontractors with the project plans and specifications.

Attach a list of MBE/WBE firms that received project plans and specifications.

Include their address, city, state, zip code, contact person, telephone number.

Provide a notation of any responses received from those firms.

4. The Bidder/Firm provided p otential MBE/ WBE subcontractors with technical assistance or advised that technical assistance was available from the bidder to facilitate understanding of the contract requirements and to complete the paperwork necessary to participate in this contract.

Attach a list of MBE/WBE firms that your company provided assistance to.

Include the name of the MBE/WBE firm, address, city, state, zip code, contact person, and a description of the technical assistance provided.

5. The Bidder/Firm made follow-up contacts with potential MBE/WBE firms which expressed an interest in the project.

Attach a list of MBE/WBE firms that your company followed-up with. Include their address, city, state, zip code, contact person, telephone number.

Provide a notation of any responses received from those firms. 31 Good Faith Efforts Implemented (Minimum of 3)
Initial here
if true and
correct

6. The Bidder/Firm requested assistance from organizations which identify potential MBE/WBE firms.

Attach a list of organizations consulted to include the name of the organization, address, city, state, zip code, contact person, time and dates contracted, method contacted, and results.

7. The Bidder/Firm contacted potential MBE/WBE firms and negotiation was made in good faith.

Attach a list of MBE/WBE firms that your company negotiated with. Include the name of the MBE/WBE firm, address, city, state, zip code, contact person, whether MBE or WBE, if plans or specifications were provided to the other party, and the results of your negotiations. Also attach copies of any intern al documents that will evidence the same and submit with bid.

According to Title 18, Section 1001 of the U.S. Code, it is a felony for any person to knowingly and willingly make false or fraudulent statements to any department of the United States Government. I, the undersigned, hereby certify that all statements contained herein, are true and correct to the best of my knowledge and belief.

Under the penalty of perjury, I certify that the above information is true and correct.

SIGNATURE DATE

PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT

COMPANY NAME

COMPANY ADDRESS
LICENSE NUMBER Unique Entity Identifier (UEI) Number FEDERAL TAX ID NUMBER Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract:

1. No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions, and;

3. The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, an d cooperative agreement) and that all sub - recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certifi cation is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY

AUTHORIZED OFFICIAL SIGNATURE DATE
33 EXHIBIT 15

COUNTY LOBBYIST CODE CHAPTER

2.160 COUNTY ORDINANCE NO. 93-0031

CERTIFICATION
Name of Firm: ____________________________________________________________________________________ Address: ________________________________________________________________ _____________________ State: ___________ Zip Code: _____________ Telephone Number: ( ) _______________________ Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA).
1) It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and;
2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and;
3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code.

Authorized Official:
___________________________________ By: _______________________________________ (Contractor/Subcontractor) (Signature)
___________________________________ _______________________________________ (Date) (Title)
34 U.S. Department of Labor
Wage and Hour Division
EXHIBIT 16 PAYROLL
For contractor's optional use; see instructions at dol.gov/agencies/whd/forms/wh347 Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS
OMB No. 1235-0008
Expires 09/30/2026
PAYROLL NO. FOR WEEK ENDING PROJECT
AND LOCATION PROJECT OR CONTRACT NO.
(1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9)
(8)

DEDUCTIONS
O
O
O
O
O
O
O
O

NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY

NUMBER) OF WORKER
NO. OF
WITHHOLDiNG

EXEMPTIONS
WORK

CLASSIFICATION
OT. OR ST.

HOURS WORKED EACH DAY
TOTAL
HOURS
RATE
OF PAY
GROSS
AMOUNT

EARNED FICA
WITH-

HOLDING

TAX OTHER
TOTAL

DEDUCTIONS
NET
WAGES
PAID

FO R WEEK
S
S
S
S
S
S
S
S
Rev. Dec. 2008
Revised December 2008
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid
not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.

Washington, D.C. 20210
(over)
35 Date
I,
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of , , and ending the day of , ,
all persons employed on said project have been paid the full w eekly wages earned, that no rebates hav e been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deduct ions have been made eith er directly or indirectly from the full wages earned by any person, ot
her than permis
si
ble deductions as defined in Regulations, Part
3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Ac t, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2) That any payrolls otherw ise under th
is contract required to be submitted for t he above period are co
rrect and complete; that the wage rates for laborers or m echanics cont ained therein are not les s than the
applicable wage rates contained in any wage determi nation incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered wit
h a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS − in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the con tract have been or
will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.
(b) WH

ERE FRINGE BENEFITS ARE PAID IN CASH
− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS
REMARKS:

EXCEPTION (CRAFT) EX PLANATION

NAME AND TITLE SIGNATURE

THE WILLFU L FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 3729 OF TITLE 31 OF THE UNITED STATES CODE.
36 Health & Welfare Paid To: Name:
$ Address:

Pension Paid To: Name:
$ Address:

Vacation/Holiday Paid To: Name:
$ Address:

Other Paid To: Name:
$ Address:

Indicate "cash to employee" when fringes are paid to the employee in their wages.

Subsistence or Travel:

Required: Y □ N □
$Determination:

Contractor's License No.:

Indicate where fringes and training are paid.

Exhibit 16 A - Contractor Fringe Benefit Statement
Contractor / Subcontractor: Business Address:

Today's Date:Project Name: Bid Package or Sub To:
mployer Payments
Phone:

Base Rate:$
Classification: Bid Advertisement Date:

Group/Period: Increase Date(s):

Fax:

In order that the proper Prevailing Wage Rates can be verified when checking payrolls on the above project, the hourly rates for fringe benefits, subsistence and/or travel allowance payments to employees, of the various classes of work, are to be tabulated below.

Training Paid To: Name:
$ Address:

Total Rate:_________
Health & Welfare Paid To: Name:
$ Address:

Pension Paid To: Name:
$ Address:

Vacation/Holiday Paid To: Name:
$ Address:

Other Paid To: Name:
$ Address:

Training Paid To: Name:
$ Address:

Total Rate:_________
Indicate where fringes and training are paid.

Indicate "cash to employee" when fringes are paid to the employee in their wages.

Em
Revised fringe benefit statements must be submitted during the progress of work if a change in any rate of pay for any work classification is made.

Base Rate:$
Subsistence or Travel:

Required: Y □ N □
$ Determination:

Increase Date(s):

Employer Payments
Classification: Bid Advertisement Date:

Group/Period:

Title / Position:

Signature:

Submitted By:(Please Print)
Signature:
37 © MDG Associates, Inc. 2022
EXHIBIT 17
Federal Wage Decision
(Next Page)
38 "General Decision Number: CA20260022 01/02/2026
Superseded General Decision Number: CA20250022
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and Highway
County: Los Angeles County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date
0 01/02/2026
ASBE0005-002 09/01/2024
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 56.32 26.52 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 39.94 20.65 ---------------------------------------------------------------- ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37 ---------------------------------------------------------------- BOIL0092-003 01/01/2024
Rates Fringes
BOILERMAKER......................$ 51.98 42.11 ---------------------------------------------------------------- * BRCA0004-007 05/01/2024
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 45.53 20.29 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-004 06/01/2024
Rates Fringes
MARBLE FINISHER..................$ 43.38 15.36 TILE FINISHER....................$ 37.96 13.77 TILE LAYER.......................$ 51.82 19.32 ---------------------------------------------------------------- BRCA0018-010 09/01/2024
Rates Fringes
TERRAZZO FINISHER................$ 42.11 14.67 TERRAZZO WORKER/SETTER...........$ 49.62 15.26 ---------------------------------------------------------------- CARP0213-001 07/01/2025
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 52.24 26.18
(2) Millwright..............$ 52.24 26.68
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 52.37 26.18
(4) Pneumatic Nailer,
Power Stapler...............$ 52.37 26.18
(5) Sawfiler...............$ 52.34 26.18
(6) Scaffold Builder.......$ 45.37 25.43
(7) Table Power Saw
Operator....................$ 52.34 26.18
FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
---------------------------------------------------------------- CARP0213-002 07/01/2025
Rates Fringes
Diver
(1) Wet.....................$ 901.92 26.18
(2) Standby.................$ 450.96 26.18
(3) Tender..................$ 442.96 26.18
(4) Assistant Tender........$ 418.96 26.18
Amounts in ""Rates' column are per day
---------------------------------------------------------------- CARP0213-004 07/01/2025
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 52.24 26.18
STOCKER/SCRAPPER............$ 21.45 11.27
---------------------------------------------------------------- CARP0721-001 07/01/2025
Rates Fringes
Modular Furniture Installer......$ 25.00 13.06 ---------------------------------------------------------------- ELEC0011-004 06/30/2023
Rates Fringes

ELECTRICIAN (INSIDE

ELECTRICAL WORK)
Journeyman Electrician......$ 60.80 3%+29.77

ELECTRICIAN (INTELLIGENT
TRANSPORTATION SYSTEMS Street
Lighting, Traffic Signals,
CCTV,and Underground Systems)
Journeyman Transportation
Electrician.................$ 60.80 3%+29.77
Technician..................$ 45.60 3%+29.77
FOOT NOTE:

CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate.

TUNNEL WORK: 10% additional per hour.

SCOPE OF WORK - TRANSPORTATION SYSTEMS
ELECTRICIAN:

Installation of street lights and traffic signals,including electrical circuitry, programmable controllers,
pedestal-mounted electrical meter enclosures and laying of pre-assembled multi-conductor cable in ducts, layout of electrical systems and communication installation,
including proper position of trench depths and radius at duct banks, location for man
holes, pull boxes, street lights and traffic signals.

Installation of underground ducts for electrical,telephone, cable television and communication systems.

Pulling,termination and
splicing of traffic signal and street lighting conductors and electrical systems including interconnect,detector loop, fiber optic cable and video/cable.

TECHNICIAN:

Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems
including interconnect, detector loop, fiber optic cable and video/data.
---------------------------------------------------------------- * ELEC0011-007 01/01/2024
COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems)
Rates Fringes
Communications System
Installer...................$ 46.47 3%+17.08
SCOPE OF WORK The work covered shall include the
installation, testing, service and maintenance, of the
following systems that utilize the transmission and/or
transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory
control systems, microwave transmission, multi-media,
multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock
systems.

A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above
listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems
Digital data systems Broadband & baseband and carriers
Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data
systems
B. Sound and Voice Transmission/Transference Systems
Background-Foreground Music Intercom and Telephone
Interconnect Systems Sound and Musical Entertainment
Systems Nurse Call Systems Radio Page Systems School
Intercom and Sound Systems Burglar Alarm Systems
Low-Voltage Master Clock Systems Multi-Media/Multiplex
Systems Telephone Systems RF Systems and Antennas and Wave Guide
C. *Fire Alarm Systems-installation, wire pulling and
testing.

D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video
Entertainment Systems Video Educational Systems CATV and CCTV
E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems
Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems
*Fire Alarm Systems

1. Fire Alarms-In Raceways: Wire and cable pulling in
raceways performed at the current electrician wage rate and fringe benefits.

2. Fire Alarms-Open Wire Systems: installed by the Technician. ---------------------------------------------------------------- ELEC1245-001 01/01/2025
Rates Fringes

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 70.16 24.71
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 53.30 22.26
(3) Groundman...............$ 40.76 21.76
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ELEV0018-001 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 69.43 38.435+a+b FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
---------------------------------------------------------------- ENGI0012-004 08/01/2025
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 67.90 40.95
(2) Dredge dozer............$ 61.93 40.95
(3) Deckmate................$ 61.82 40.95
(4) Winch operator (stern
winch on dredge)............$ 61.27 40.95
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 60.73 40.95
(6) Barge Mate..............$ 61.34 40.95
---------------------------------------------------------------- ENGI0012-024 07/01/2023
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 53.90 32.80
GROUP 2....................$ 54.68 32.80
GROUP 3....................$ 54.97 32.80
GROUP 4....................$ 56.46 32.80
GROUP 6....................$ 56.68 32.80
GROUP 8....................$ 56.79 32.80
GROUP 10....................$ 56.91 32.80
GROUP 12....................$ 57.08 32.80
GROUP 13....................$ 57.18 32.80
GROUP 14....................$ 57.21 32.80
GROUP 15....................$ 57.29 32.80
GROUP 16....................$ 57.41 32.80
GROUP 17....................$ 57.58 32.80
GROUP 18....................$ 57.68 32.80
GROUP 19....................$ 57.79 32.80
GROUP 20....................$ 57.91 32.80
GROUP 21....................$ 58.08 32.80
GROUP 22....................$ 58.18 32.80
GROUP 23....................$ 58.29 32.80
GROUP 24....................$ 58.41 32.80
GROUP 25....................$ 58.58 32.80
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 55.25 32.80
GROUP 2....................$ 56.03 32.80
GROUP 3....................$ 56.32 32.80
GROUP 4....................$ 56.46 32.80
GROUP 5....................$ 56.68 32.80
GROUP 6....................$ 56.79 32.80
GROUP 7....................$ 56.91 32.80
GROUP 8....................$ 57.08 32.80
GROUP 9....................$ 57.25 32.80
GROUP 10....................$ 58.25 32.80
GROUP 11....................$ 59.25 32.80
GROUP 12....................$ 60.25 32.80
GROUP 13....................$ 61.25 32.80
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 55.75 32.80
GROUP 2....................$ 56.53 32.80
GROUP 3....................$ 56.82 32.80
GROUP 4....................$ 56.96 32.80
GROUP 5....................$ 57.18 32.80
GROUP 6....................$ 57.29 32.80
GROUP 7....................$ 57.41 32.80
PREMIUM PAY:
$10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank
operator);Coil Tubing Rig Operator, Concrete mixer
operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or
concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without
attachment); Tar pot fireman; Temporary heating plant
operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable);Direct Push
Operator (Geoprobe or similar types) Drilling machine
operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck

GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator
(excluding handheld); Cable Trenching Machine Operator
(Spider Plow or similar types) Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled);
Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar
type); Pumpcrete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types)
Rock Drill or similar types; Rotary drill operator
(excluding caisson type); Rubber-tired earth-moving
equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck);
Rubber-tired earth-moving equipment operator (multiple
engine up to and including 25 yds. struck); Rubber-tired scraper operator (self-loading paddle wheel type-John
Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader
operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type
larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)
GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.);
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry
GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator

ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.

Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.

Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.

Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.

Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:

That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.

Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.

Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.

Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.

$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:

That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.

Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.

Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
---------------------------------------------------------------- IRON0433-006 01/01/2025
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IRONWORKER
Fence Erector...............$ 45.78 26.51
Ornamental, Reinforcing
and Structural..............$ 50.70 35.15
PREMIUM PAY:
$9.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0300-001 11/01/2025
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Brick Tender.....................$ 42.60 22.13 ---------------------------------------------------------------- LABO0300-003 07/01/2025
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LABORER (TUNNEL)
GROUP 1.....................$ 53.60 25.74
GROUP 2.....................$ 53.92 25.74
GROUP 3.....................$ 54.38 25.74
GROUP 4.....................$ 55.07 25.74

LABORER
GROUP 1.....................$ 46.48 25.95
GROUP 2.....................$ 47.03 25.95
GROUP 3.....................$ 47.58 25.95
GROUP 4.....................$ 49.13 25.95
GROUP 5.....................$ 49.48 25.95

LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ---------------------------------------------------------------- LABO0300-005 07/01/2025
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Asbestos Removal Laborer.........$ 46.48 25.93 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
---------------------------------------------------------------- LABO0345-001 07/01/2025
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LABORER (GUNITE)
GROUP 1.....................$ 55.88 23.77
GROUP 2.....................$ 54.93 23.77
GROUP 3.....................$ 51.39 23.77
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
---------------------------------------------------------------- LABO1184-001 07/01/2025
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Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 47.94 20.86
(2) Vehicle Operator/Hauler.$ 48.11 20.86
(3) Horizontal Directional
Drill Operator..............$ 49.96 20.86
(4) Electronic Tracking
Locator.....................$ 51.96 20.86
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 49.30 23.97
GROUP 2.....................$ 50.60 23.97
GROUP 3.....................$ 52.61 23.97
GROUP 4.....................$ 54.35 23.97

LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
---------------------------------------------------------------- LABO1414-001 08/06/2025
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LABORER
PLASTER CLEAN-UP LABORER....$ 46.17 25.97
PLASTER TENDER..............$ 48.72 25.97
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0036-001 07/01/2023
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Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 38.52 18.64
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
---------------------------------------------------------------- PAIN0036-006 09/01/2024
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DRYWALL FINISHER/TAPER
Antelope Valley North of
the following Boundary:

Kern County Line to Hwy.
#5, South on Hwy. #5 to
Hwy. N2, East on N2 to
Palmdale Blvd., to Hwy.
#14, South to Hwy. #18,
East to Hwy. #395...........$ 45.20 26.82
Remainder of Los Angeles
County......................$ 49.33 26.82
---------------------------------------------------------------- PAIN0036-015 01/01/2025
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GLAZIER..........................$ 53.05 30.64 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
---------------------------------------------------------------- PAIN1247-002 01/01/2025
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SOFT FLOOR LAYER.................$ 45.15 19.43 ---------------------------------------------------------------- PLAS0200-009 08/03/2022
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PLASTERER........................$ 47.37 19.64 ---------------------------------------------------------------- PLAS0500-002 07/01/2025
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CEMENT MASON/CONCRETE FINISHER...$ 47.70 27.07 ---------------------------------------------------------------- PLUM0016-001 09/01/2025
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PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 59.85 25.83
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 44.29 24.16
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 61.73 26.81
---------------------------------------------------------------- PLUM0345-001 09/01/2025
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PLUMBER
Landscape/Irrigation Fitter.$ 44.75 26.20
Sewer & Storm Drain Work....$ 48.84 23.58
---------------------------------------------------------------- ROOF0036-002 08/01/2025
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ROOFER...........................$ 52.63 20.73 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
---------------------------------------------------------------- SFCA0669-013 01/01/2024

DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:

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SPRINKLER FITTER.................$ 45.31 27.91 ---------------------------------------------------------------- SFCA0709-005 09/01/2025

THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES:

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SPRINKLER FITTER (Fire)..........$ 58.60 33.65 ---------------------------------------------------------------- SHEE0105-002 01/01/2025
LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island)
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SHEET METAL WORKER
(1) Light Commercial: Work
on general sheet metal and
heating and AC up to 4000
sq ft.......................$ 35.57 10.63
(2) Modernization :

Excluding New Construction
- Under 5000 sq. ft. Does
not include modification,
upgrades, energy
management, or
conservation improvements
of central heating and AC
equpment....................$ 34.17 10.86
---------------------------------------------------------------- SHEE0105-003 01/01/2025
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 59.31 30.43
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 56.95 30.04
---------------------------------------------------------------- SHEE0105-004 07/01/2023
KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES
Rates Fringes
SHEET METAL WORKER...............$ 45.98 29.24 ---------------------------------------------------------------- TEAM0011-002 07/01/2025
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 41.59 35.69
GROUP 2....................$ 41.74 35.69
GROUP 3....................$ 41.87 35.69
GROUP 4....................$ 42.06 35.69
GROUP 5....................$ 42.09 35.69
GROUP 6....................$ 42.12 35.69
GROUP 7....................$ 42.37 35.69
GROUP 8....................$ 42.62 35.69
GROUP 9....................$ 42.82 35.69
GROUP 10....................$ 43.12 35.69
GROUP 11....................$ 43.62 35.69
GROUP 12....................$ 44.05 35.69
WORK ON ALL MILITARY BASES:

PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over
GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the
contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers
A four-letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.

Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
-----------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to [email protected] or by mail to:

Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to [email protected] or by mail to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to [email protected] or by mail to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210.
================================================================

END OF GENERAL DECISION
"

12100-0001\2654178v1.doc
City of MB Form
Appendix IV-1

APPENDIX IV

LOS ANGELES COUNTY DEVELOPMENT AUTHORITY INSURRANCE REQUIREMENTS

EXHIBIT B

Approved by RM 10/01/2025

Attachment I

LOS ANGELES COUNTY DEVELOPMENT AUTHORITY

INSURANCE REQUIREMENTS

EXHIBIT B

INSURANCE REQUIREMENTS

GRANTS PROGRAM

1.0 INSURANCE
Without limiting the City’s indemnification of LACDA Indemnitees, and in the performance of this Agreement and until all its obligations pursuant to this Agreement have been met, the City shall provide and maintain at its own expense insurance coverage satisfying the requirements specified herein. These minimum insurance coverage terms, types and limits (the “Required Insurance”) also are in addition to and separate from any other contractual obligation imposed upon the City pursuant to this Agreement. The LACDA in no way warrants that the required insurance is sufficient to protect the City for liabilities which may arise from or relate to this Agreement.

The insurance policies are to contain and be endorsed to contain, the provisions set forth herein.

All certificates of insurance and endorsements shall carry the following identifier:

«PROJECT NAME-PROJECT NUMBER» (the “City”).

If circumstances or activities change during the fiscal year for any of the projects, and the City shall immediately notify the LACDA of any circumstances or activity changes that may affect the insurance requirements herein. The City’s failure to comply with and LACDA amended insurance requirements shall be deemed a material breach of this Agreement.

Funding advance, reimbursement , or disbursement may be delayed until all the insurance requirements have been met.

Exceptions to the insurance requirements will be granted on a case-by-case basis at the discretion of the LACDA’s Risk Management Administrator. Prior to the City receiving funds, the LACDA will review the activities of the City.

The LACDA reserves the right, at its sole and absolute discretion, to amend at any time the provisions of Exhibit B.

1.1 Insurance Coverage

All insurance coverage requirements listed below are to be provided upon the execution of the Agreement between the City and the LACDA, unless otherwise specified.

Approved by RM 10/01/2025

CITY REQUIREMENTS (Non-Construction):

A
GENERAL LIABILITY: (providing scope of coverage equivalent to Insurance Services Office (ISO) policy form CG 00 01), naming the LACDA, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers (collectively "LACDA and its Agents") as a dditional insureds with primary and non- contributory coverage and a waiver of subrogation naming the LACDA and the County is required.

General Aggregate: $2 Million
Personal and Advertising Injury: $1 Million
Each Occurrence: $1 Million

B
SEXUAL MISCONDUCT LIABILITY: (if applicable see Exhibit B-1) Insurance shall include covering for actual or alleged claims for sexual misconduct and/or molestation, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who co mmitted any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature.

Per Claim
$2 Million
Aggregate $2 Million

C
COMMERCIAL AUTOMOBILE INSURANCE: Shall include coverage of all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”. Shall include a waiver of subrogation page in favor of the LACDA.

Bodily injury and property damage, in combined
or equivalent split limits, for each single accident $50 Thousand

D
WORKERS’ COMPENSATION AND EMPLOYER’ S LIABILITY: A s required by the Labor Code of the State of California. Must include a waiver of subrogation page in favor of the LACDA. In all cases, insurance shall include employer’s liability coverage with limits of not less than indicated.

Employers’ Liability coverage with limits of not less than $1 Million

E
PROFESSIONAL LIABILITY INSURANCE: (if applicable see Exhibit B-1) Appropriate to the professional's profession in an amount not less than LACDA requirements. Said insurance shall be maintained for a period of not less than three (3) years following this Agreement’s expiration, termination or cancellation.

Per Claim $1 Million
Per Aggregate $2 Million

F
CRIME COVERAGE : (if applicable see Exhibit B -1)
Including, but not limited to, coverage against loss of money, employee theft/forgery, securities, inventory or other property, with limits in amounts not less than
indicated.

SEE SECTION 1.2.3

Approved by RM 10/01/2025

CITY CONTRACTOR/SUB-CONTRACTOR REQUIREMENTS
The City shall require in its agreement with its Contractor(s) for activities related to this Agreement, under the Contractor(s) own policies, the Contractor(s) shall name the LACDA and the County of Los Angeles as additional insureds on the Contractor (s) general liability policy and shall include primary and non-contributory coverage and a waiver of subrogation. A waiver of subrogation shall be required for the auto liability and workers compensation policies. The City shall provide the LACDA with each Contractor (s) separate evidence of insurance coverage for activities related to this Agreement or upon request.

The City shall obtain the LACDA’s prior review and approval of any Contractor/ Sub-Contractor request for modification of the r equired insurance. The City shall be responsible for verifying that each Contractor/Sub-Contractor complies with the required insurance provisions herein.

CITY AND/OR CONTRACTOR/SUBCONTRACTOR REQUIREMENTS (CONSTRUCTION):

A
GENERAL LIABILITY: (providing scope of coverage equivalent to ISO policy form CG 00 01), naming the LACDA, its Special Districts, Elected Officials, Officers, Agents, Employees and Volunteers (collectively "LACDA and its Agents") as a dditional insureds with primary and non-
contributory coverage and a waiver of subrogation
naming the LACDA and the County is required.

General Aggregate $2 Million
Products/Completed/On-Going Operations Aggregate $2 Million Personal and Advertising Injury $1 Million
Each Occurrence $1 Million

B
COMMERCIAL AUTOMOBILE INSURANCE: Shall include coverage of all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”. Shall include a waiver of subrogation in favor of the LACDA.

Bodily injury and property damage, in combined
or equivalent split limits, for each single accident $1 Million

C
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY: As required by the Labor Code of the State of California. Must include a waiver of subrogation in favor of the LACDA. In all cases, insurance shall include employer’s liability coverage with limits of not less than indicated.

Employers’ Liability coverage with limits of not less than $1 Million

POLLUTION LIABILITY INSURANCE AND/OR ASBESTOS POLLUTION LIABILITY AND/OR ERRORS & OMISSIONS: applicable to the work being performed including coverage for bodily injury, personal injury, death, property damages, and environmental damage. The LACDA and the County shall be covered as additional insureds on the pollution liability insurance policy.

Said policy shall include a $2 million-dollar general aggregate and $1 m illion dollars each occurrence limit and shall include but not be limited to coverage for any and all remediation costs, including, but not limited to, Brownfield restoration and clean -up Approved by RM 10/01/2025

costs, and coverage for the removal, repair, handling, and disposal of asbestos and/or lead containing materials where applicable. The LACDA and the County shall be covered as additional insureds on the pollution liability insurance policy. If the general liability insurance policy and/or the pollution liability insurance policy is written on a claims-made form, then said policy or policies shall also comply with all of the following requirements:

a. The retroactive date must be shown on the policy and must be before the date of this Agreement or the beginning of the work or services that are the subject of this Agreement;

b. Insurance must be maintained, and evidence of insurance must be provided for the duration of this Agreement or for five (5) years after completion of the work or services that are the subject of this Agreement, whichever is greater;

c. If coverage is canceled or non- renewed, and not replaced with another claims - made policy form with a retroactive date prior to the effective date of this Agreement, then the Contractor(s) must purchase an extended period coverage for a minimum of five (5) years after completion of work or services that are the subject of this Agreement;

d. A copy of the claims reporting requirements must be submitted to the LACDA for review; and

e. If the work or services that are the subject of this Agreement involve lead based paint or asbestos identification/remediation, then the Contractor’s pollution liability shall not contain any lead-based paint or asbestos exclusions.

f. If the services involve mold identification/remediation, the Contractor’ s pollution liability shall not contain a mold exclusion and definition of “pollution” shall include microbial matter including mold.

1.2 Additional Unique Coverage

1.2.1 Sexual Misconduct Liability
Coverage is required when services in relation to this Agreement involve care or supervision of children, seniors and other vulnerable persons and insurance shall include covering for actual or alleged claims for sexual misconduct and/or molestation with limits of not less than $2 million per claim and $2 million aggr egate, and claims for negligent employment, investigation, supervision, training or retention of, or failure to report to proper authorities, a person(s) who committed any act of abuse, molestation, harassment, mistreatment or maltreatment of a sexual nature.

1.2.2 Professional Liability/Errors and Omissions
Insurance covering the City’s liability arising from or related to this Agreement, with limits of not less than $2 million per claim and $2 million aggregate. Further, the City understands and agrees it shall maintain such coverage for a period of not less than three (3) years following this Agreement’s expiration, termination or cancellation.

Approved by RM 10/01/2025

1.2.3 Crime Coverage/Fidelity Bond
Including, but not limited to, coverage against loss of money, employee theft/forgery, securities, inventory or other property, with limits in amounts not less than indicated.

If the aggregate budgeted amount for the current fiscal year allotted for the City is less than fifty thousand dollars ($50,000), the City shall not be required to comply with this section 1.2.3.

If the aggregate budgeted amount for the current fiscal year allotted for the City is greater than or equal to fifty thousand dollars ($50,000), then the City shall be required to comply with this section 1.2.3.

A. The City shall procure and maintain, at its sole cost and expense, crime coverage or a fidelity bond covering each employee of the City, whether or not they are compensated.

B. The fidelity bond may be either a primary commercial blanket bond or a blanket position bond written by an insurer licensed by the California Insurance Commissioner.

C. The fidelity bond shall provide minimum coverage equivalent to 50% of the cumulative project budget approved for the current fiscal year, not to exceed one million dollars ($1,000,000). The project budget shall be outlined in Exhibit A.

D. The City shall maintain the fidelity bond for the duration of this Agreement. The fidelity bond may contain a provision for a deductible amount from any loss which, except for such deductible provision, would be recoverable from the insurer. A deductible provision shall not be in excess of ten percent (10%) of the required minimum bond coverage.

If the City experiences an increase in funding during the fiscal year, the crime coverage requirement will be reassessed, and additional coverage may be required at the sole discretion of the LACDA. Any deviation from this fidelity bond section shall require specific written approval by the LACDA.

1.3 Certificate of Insurance Coverage:

1.3.1 Certificate(s) of Insurance Coverage ("Certificate") satisfactory to the LACDA, and a copy of an additional insured endorsement confirming the LACDA and the County has been given Insured status under the City’s general liability and excess liability policy, shall be delivered to the LACDA at the address shown below and provided prior to commencing services under this Agreement.

1.3.2 Renewal certificates shall be provided to the LACDA not less than ten (10) days prior to City ’s policy expiration dates. The LACDA reserves the right Approved by RM 10/01/2025

to obtain complete, certified copies of any required City and/or Sub- Contractor insurance policies at any time.

1.3.3 Certificates shall identify all r equired insurance coverage types and limits specified herein, reference this Agreement by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the City identified as the contracting party in this Agreement. All c ertificates of insurance and endorsements shall carry the following identifier:

«PROJECT NAME - PROJECT NUMBER»

1.3.4 Certificates shall provide the full name of each insurer providing coverage, its National Association of Insurance Commissioners ("NAIC") identification number, its financial rating, the amounts of any policy deductibles or self - insured retentions exceeding fifty thousand ($50,000.00) dollars and list any LACDA required endorsement forms.

1.3.5 Neither the LACDA’s failure to obtain, nor the LACDA’s receipt of, or failure to object to a non- complying certificate or endorsement, or any other insurance documentation or information provided by the City, its insurance broker(s) and/or insurer(s), shall be construed as a waiver of any of the required insurance provisions.

1.3.6 Certificates and copies of any required endorsements shall be sent to:

Los Angeles County Development Authority
Attn: Community Development Division
700 Main Street, Alhambra, CA 91801

1.4 Notices of Injury or Damage or Destruction
The City also shall promptly report to the LACDA any injury or property damage accident or incident, including any injury to a City employee occurring on an LACDA property, and any loss, disappearance, destruction, misuse, or theft of the LACDA property, monies or securities entrusted to the City. The City also shall promptly notify the LACDA of any third-party claim or suit filed against the City or any of its sub-contractors which arises from or relates to this Agreement and could result in the filing of a claim or lawsuit against the City and/or the LACDA.

1.5 Additional Insured Status and Scope of Coverage
The LACDA and the County of Los Angeles shall be provided additional insured status under the City’s general liability and excess liability policy with respect to liability arising out of the City’s products, completed and ongoing operations performed on behalf of the LACDA. The LACDA and the County additional insured status shall apply with respect to liability and defense of suits arising out of the City ’s acts or omissions, whether such liability is attributable to the City or to the LACDA. The full policy limits and scope of protection also shall apply to the LACDA and the County as an additional insured, even if they exceed the LACDA’s m inimum required insurance specifications Approved by RM 10/01/2025

herein. Use of an automatic additional insured endorsement form is acceptable provided it satisfies the required insurance provisions herein.

1.6 Cancellation of or Change to Maintain Insurance
The City shall provide the LACDA with, or the City’s insurance policies shall contain a provision that the LACDA shall receive, written notice of cancellation or any change in required insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to the LACDA at least ten (10) days in advance of cancellation for non-payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in required insurance may constitute a material breach of the Agreement, in the sole discretion of the LACDA, upon which the LACDA may suspend or terminate this Agreement.

1.7 Failure to Maintain Insurance
The City's failure to maintain or to provide acceptable evidence that it maintains the required Insurance shall constitute a material breach of the Agreement, upon which the LACDA immediately may withhold payments due to the City, and/or suspend or terminate this Agreement. The LACDA, at its sole discretion, may obtain damages from the City resulting from said breach. Alternatively, the LACDA may purchase the required insurance, and without further notice to the City, deduct the premium cost from sums due to the City or pursue the City’s reimbursement.

1.8 City’s Insurance Shall Be Primary
The City’s general liability, excess liability, p ollution liability and/or asbestos pollution liability and auto liability insurance policies, with respect to any claims related to this Agreement, shall be primary with respect to all other sources of coverage available to the City. Any LACDA maintained insurance or self -insurance coverage shall be in excess of and not contribute to any City coverage.

1.9 Insurance Specifics

1.9.1 Waivers of Subrogation
To the fullest extent permitted by law, the City hereby waives its rights and its insurer(s)’ rights of recovery against the LACDA under all the r equired insurance for any loss arising from or relating to this Agreement. The City shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to effect such waiver.

1.9.2 Sub-Contractor Insurance Coverage Requirements
The City shall include each Sub-Contractor as insureds under the City’s own policies or shall provide the LACDA with each Sub- Contractor’s separate evidence of insurance coverage upon request. The City shall be responsible for verifying that each Sub-Contractor complies with the required insurance provisions herein and shall require that each Sub- Contractor name the LACDA and the City as additional insureds on each Sub-Contractor’s general liability policy. The City shall obtain the LACDA’s prior review and approval of any Sub- Contractor request for modification of the r equired insurance.

Approved by RM 10/01/2025

1.9.3 Deductibles and Self-Insured Retentions (SIRs)
The City’s policies shall not obligate the LACDA to pay any portion of any City deductible or SIR. The LACDA retains the right to require the City to reduce or eliminate policy deductibles and SIRs as respects the LACDA, or to provide a bond guaranteeing the City’s payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California.

1.9.4 Claims Made Coverage
If any part of the required insurance is written on a claims made basis, any policy retroactive date shall precede the effective date of this Agreement.

The City understands and agrees it shall maintain such coverage for a period of not less than three (3) years following Agreement expiration, termination or cancellation.

1.9.5 Application of Excess Liability Coverage
The City may use a combination of primary, and excess insurance policies which provide coverage as broad as (“follow form” over) the underlying primary policies, to satisfy the required insurance provisions.

1.9.6 Separation of Insureds
All liability policies shall provide cross -liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations.

1.9.7 Alternative Risk Financing Programs
The LACDA reserves the right to review, and then approve, the City use of self-insurance, risk retention groups, risk purchasing groups, pooling arrangements and captive insurance to satisfy the required insurance provisions. The LACDA shall be designated as an additional covered party under any approved program.

1.10 LACDA Review and Approval of Insurance Requirements The LACDA reserves the right to review and adjust the required insurance provisions, conditioned upon the LACDA’s determination of changes in risk exposures.

Manhattan Beach City CouncilMarch 17, 2026

Manhattan Beach City Council
March 17, 2026