Plans and Specifications — Manhattan Beach City Council, July 21, 2026

CordobaPortsmouthHerrin Ave.Marine Ave.Redondo Ave.MarineAvenuePark

LOCATION MAP
PROJECT SITEVICINITY MAPPROJECT UTILITY CONTACTSCITY OF MANHATTAN BEACH (PUBLIC WORKS DEPARTMENT)…ERICK LEE........................…(310) 802-5303CITY OF MANHATTAN BEACH (POLICE DEPARTMENT)…DERRICK ABELL…………………………….(310) 802-5103CITY OF MANHATTAN BEACH (FIRE DEPARTMENT)…………………………….………………………..……(310) 802-5203COUNTY SANITATION DISTRICT (COMPTON)…ENGINEERINGCOUNTER………………………………………………………………………………………..... (562) 908-4288 (Ext. 1204 or 1205)AT&T DISTRIBUTION…SUBSTRUCTURE RECORDS REQUEST CONSTRUCTION &ENGINEERING………………………………………………..…………………..……………….(510) 645-2929WEST BASIN MUNICIPAL WATER DISTRICT...FRANK FUCHS..................................................(310) 660-6255WEST BASIN MUNICIPAL WATER DISTRICT - INFRAMARK, LLC (RECYCLED WATER PIPELINEMAINTENANCE)……………………………..……….............................................................................(310) 217-2417LA COUNTY PUBLIC WORKS - FLOOD MAINTENANCE…EDUARDO IVASAN or AHMETTATLILIOVLO…………………………………………………………………………………………………………….……….(562) 861-0316NEXTGLAVEN NETWORK…BRYANT LOWE………….…………………………………………………………….. (724) 416-2193SHELL OIL…CLARINDA MALDONADO………………………….……………………………………………………..(310) 816-2063ZENITH ENERGY......................................................................................................................(800) 708-5071SOUTHERN CALIFORNIA GAS COMPANY…GUILLERMO TEJEDA………………………………………….(310) 687-2014SOUTHERN CALIFORNIA EDISON…KRIS WALSH………………………………………………………………….(949) 533-6137SPECTRUM (TIME WARNER CABLE)…ANTHONY XANPHIS……………………..………………………..…(310) 750-9185T-MOBILE…SHAWN HENDERSON……………….……………………………………………………………………..(805) 279-3513FRONTIER COMMUNICATION (PREVIOUSLY VERIZON)…DAN HAYES……………………………….…(310) 793-4159XO COMMUNICATIONS……………………………………………………………………………………………………..(949) 417-7841 MANHATTAN BEACH, CALIFORNIA 902663621 BELL AVENUEPUBLIC WORKS DEPARTMENTFENCE REPLACEMENT PROJECT AT MARINE AVE PARKPLANS FORCITY OF MANHATTAN BEACH PROFESSIONAL ENGINEER'S NOTE:

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INDEX OF DRAWINGS
4 4
4 4
600-4 CHAINLINK FENCE AND GATES
STANDARD PLANS:

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD

PLANS FOR

JOSEPH DEFRANCESCO
4/23/26
4/24/2026
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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 NOTESUTILITY NOTES:
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4/24/2026
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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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REMOVE AND DISPOSE OF EXISTING CHAIN LINK FENCE,HORIZONTAL AND VERTICAL FRAMEWORK, HARDWARE, TWO (2)VEHICULAR GATES, AND THREE (3) PEDESTIRAN ACCESS DOORS(APPROX. 600 LF).SAW CUT AND DISPOSE ALL 64 VERTICAL POSTS TOAPPROXIMATELY 4 FEET IN HEIGHT. INSTALL NEW POST OVEREXISTING. GROUT SPACING BETWEEN NEW AND EXISTING POSTSAND FOOTINGS. EXISTING DIAMETER OF POSTS VARIES FROM2"-3.5".INSTALL NEW HORIZONTAL RAILING FOR TOP AND BOTTOMMEMBERS ALONG PERIMETER OF FENCE.INSTALL THREADED TRUSS ROD ALONG CORNERS OF FENCEAND/OR AS REQUIRED.INSTALL DOUBLE DRIVE GATE FOR VEHICULAR ACCESS WITHWHEELED SUPPORT AND LOCK AND LATCH MECHANISM (TWO (2)GATES TOTAL).INSTALL CUSTOM PEDESTRIAN ACCESS DOOR WITH LOCK ANDLATCH MECHANISM (TWO (2) DOORS TOTAL). 7FURNISH AND INSTALL NEW PVC COATED CHAIN LINK FABRIC 10'HIGH, 1" MESH, 9 GAUGE FINISH, FUSION-BONDED (CLASS 2).PROJECT LIMITS INCLUDE PERIMETER OF PROJECT INCLUDINGALONG POSTS, DOORS, AND GATES (APPROX. 600 LF). INSTALLPVC COATED WIRE ALONG MIDDLE HEIGHT OF POST FORADDITIONAL SUPPORT.8FURNISH AND INSTALL ALL FENCE COMPONENTS INCLUDING BUTNOT LIMITED TO, HARDWARE, FITTINGS, CAPS, BRACE BANDS,RAIL END, TENSION BARS, TIES, BOLTS AND FASTENERS.9ALL FENCING, RAILINGS, POSTS, HARDWARE, GATES, DOORSAND COMPONENTS SHALL BE FOREST GREEN.

SAW CUT AND DISPOSE ALL 64 VERTICAL POSTS TOAPPROXIMATELY 4 FEET IN HEIGHT. INSTALL/SLIP NEW POSTOVER EXISTING. GROUT SPACING BETWEEN NEW AND EXISTINGPOSTS AND FOOTINGS. EXISTING DIAMETER OF POSTS VARIESFROM 2"-3.5".

INSTALL DOUBLE DRIVE SWING GATE FOR VEHICULAR ACCESS
WITH WHEELED SUPPORT AND LOCK AND LATCH MECHANISM.

GATE 1 IS 13 FEET IN LENGTH AND GATE 2 IS 20 FEET IN LENGTH.

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CONTRACTOR TO VERIFY IN FIELD.
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INSTALL PEDESTRIAN ACCESS DOOR WITH LOCK AND LATCH
MECHANISM (TWO (2) DOORS TOTAL).

SAW CUT AND DISPOSE ALL 65 VERTICAL POSTS TO 5 FEET
IN HEIGHT. GROUT SPACING BETWEEN NEW AND EXISTING
POSTS AND FOOTINGS. EXISTING DIAMETER OF POSTS
VARIES FROM 2" TO 3.5". CONTRACTOR TO VERIFY IN FIELD.
65 CITY OF MANHATTAN BEACH

BID DOCUMENTS
PROJECT NO. D-954
BID NUMBER E1306-25C

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK

SOCCER FIELD

MAY 2026

CITY OF MANHATTAN BEACH

PUBLIC WORKS DEPARTMENT

GILBERT GAMBOA, PROJECT MANAGER
1400 HIGHLAND AVENUE
MANHATTAN BEACH, CA 90266

Gilbert Gamboa, City Engineer

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NOTICE INVITING BIDS FOR ................................ ................................ ................................ 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 ................................ ................................ ........... 1-4 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 2 - CONSTRUCTION MATERIALS ................................ ................................ ..... NOT USED PART 3 - CONSTRUCTION METHODS ................................ ................................ .................... 3-1 PART 4 - EXISTING IMPROVEMENT ................................ ................................ ......................... 4-1 PART 5 - PIPELINE SYSTEM REHABILITATION ................................ ........................ NOT USED PART 6 - TEMPORARY TRAFFIC CONTROL ................................ ............................... NOT USED PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM ................................ .. NOT USED PART 8 - LANDSCAPE AND IRRIGATION ................................ ................................ ... NOT USED 12100-0001\2654178v1.doc
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PART 9 - SPECIAL INSTRUCTIONS ................................ ................................ ......................... 9-1 PART 10 – STANDARD AND SPECIAL TECHNICAL PROVISIONS ................................ ....... 10-1

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

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

NOTICE INVITING BIDS
FOR
Fence Replacement Project at Marine Ave Park Soccer Field Project number: D-954 Bid Number: E1306-25C

NOTICE IS HEREBY GIVEN that the City of Manhattan Beach, California (“City”) invites sealed Bids for the Project. The City will receive ELECTRONIC BIDS ONLY up to 11:00 a.m. on Thursday May 28, 2026, at which time the ELECTRONIC bids will be opened and posted on OpenGov (online bid portal). The deadline to submit questions related to the bid documents is Monday, May 18th, 2026 at 11:00 a.m.

Bids shall be received electronically only on the bid vendor portal accessible through the City of Manhattan Beach Public Works Department Bid Opportunities webpage at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities. To submit your bid electronically and to review Bid tabulation results (“Bid Opening”), please visit the following link: https://procurement.opengov.com/portal/citymb/projects/203231.

Contract Documents in PDF format (including City Special Provisions and Project Plans, but not including Standard Plans, Standard Specifications, or Reference Specifications) shall be obtained from the link/website above.

The Contract Documents must be viewed online; they cannot be purchased or mailed from City Hall. Bidders are solely responsible for on -time submission of their electronic bid. The City will only consider bids that have been transmitted successfully and hav e been issued an ebid confirmation number with a time stamp from the bid management system indicating that the bid was submitted successfully. Transmission of bids by any other means will not be accepted.

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. Failure of the bidders to successfully submit electronic bids shall be at the bidders’ sole risk and no relief will be given for late and/or improperly submitted bids. Bidders experiencing any technical difficulties with the bid submission process may submit a support ticket to OpenGov at support.opengov.com. 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.

Bids must remain valid and shall not be subject to withdrawal for 90 calendar days after the Bid opening date.

OpenGov Vendor Registration Instructions & Customer Service information:

Click here to register for OpenGov: https://procurement.opengov.com/signup If you are already registered and need help logging in or retrieving your user information, please submit a ticket to OpenGov.

OpenGov Customer Service

For assistance with e-bidding or uploading documents: Contact OpenGov at https://support.opengov.com

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PROJECT DESCRIPTION.

The City is soliciting proposals to bidders to remove and replace the existing 10-foot-high galvanized PVC coated chain link fence along the perimeter of the Marine Ave Park Soccer Field (approx. 600 linear feet). The scope of work includes the removal and disposal of existing chain link fabric mesh, rails, braces, saw-cut post, vehicular gates, pedestrian doors, hardware, and all appurtenances. All signage and banners shall be salvaged, turned over to the City, and replaced.

The contractor shall furnish and install new (aforementioned) materials in-kind unless noted otherwise in the plans and Part 10 Special Technical Provisions for the entire project. The existing steel posts are approximately 10 feet high and are to be saw -cut to an approximate height of 4 feet, and a new steel post fitted and slipped over the existing. The size of the existing posts vary from 2 to 3.5 inches in diameter. The diameter of the newly furnished posts shall be large enough to be slipped over the existing post that has been sawcut. Grout shall adequately fill the spacing between the posts and footings. Proposed framework shall include new top and bottom railings.

As a substitute to a middle rail, t he contractor shall install a PVC coated wire and tie it around each post at the middle height of the fence . Bracing/truss rods are to be installed at , but not limited, to all corners of the fence.

Three (3) pedestrian access doors are to be removed , disposed, and rep laced with two (2) pedestrian access doors with hardware and lock and latch mechanisms . Two (2) existing vehicular access gates are to be removed, disposed, and replaced with two (2) new double drive swing gates with wheeled support with a lock at latch mechanism. Refer to project plans for locations and dimensions.

The Contractor shall furnish and install a new PVC fusion-bonded to zinc-coated steel wire chain link fabric 10 feet high, 1-inch mesh, 9-gauge finish, in the color of forest green (SSPWC – Section 206-6 Class 2), with twist top and twist bottom, galvanized before weaving. All fence components, railing, mesh, hardware, fitting, fasteners, etc., are to be included in pricing for the project.

This project shall adhere to the Greenbook Standard Specifications for Public Works Construction (SSPWC), California Building Code (CBC), and Standard Plans for Public Works Construction latest edition of each (see SSPWC section 206 -6). Refer to project plans , Special Instructions, and Technical Provisions.

SCOPE OF WORK.

The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer. Time for completion of the Work is 80 total Working Days from the date specified in the Notice to Proceed to fulfill preconstruction requirements and order materials and to complete construction in every detail.

Primary working hours shall be within the timeframe of 6:00 a.m. to 3:30 p.m. , as described in General Provisions Section 10-8 Working Days and Hours.

OPTIONAL PRE-BID MEETING AND SITE VISIT. An optional pre-bid meeting will be held on Thursday, May 14th, 2026, at 11:00 a.m. at Marine Ave Park Soccer Field, 1625 Marine Avenue, Manhattan Beach, CA 90266 followed by a n optional site visit. No allowances for cost adjustments will be made if a Bidder fails to adequately examine the Project site before submitting a Bid.

REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with NIB-3 12100-0001\2654178v1.doc
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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 performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].

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

BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent of the total Bid submitted. Personal or company checks are not acceptable.

Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price, as well as a warranty or maintenance Bond that is valid for one year from Project acceptance in the amount of ten percent of the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms set forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within ten 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.

LICENSES. Each Bidder shall possess a valid Class “A” Contractor’s license issued by the California State Contractors License Board at the time 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.

RETENTION SUBSTITUTION. Five percent of any progress payment will be withheld 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 bank as escrow agent, which shall the n pay such moneys to the Contractor. Upon satisfactory completion 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.

BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to waive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.

By:

Gilbert Gamboa, City Engineer Date
4/24/2026
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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 online bid portal at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities.

Online webform via online portal:

1. Online Completed Bid Schedule

2. Online Acceptance of Addenda (if any)

3. Online Completed Subcontractor Designation Form

In addition, each Bidder must scan and submit the following documents with its electronic bid on the City’s Bid Forms. (The forms listed below can be downloaded separately on the online bid portal).

1. Completed and Signed Contractor’s Statement

2. Completed References Form

3. Completed, Signed, and Notarized Bid Bond or Other Security Form

4. Signed Noncollusion Declaration Form

5. Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder
Any Bid not accompanied by a Contractor’s Statement completed with all information required and bearing the signature of the Bidder’s duly authorized 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 misleading, 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 specified in the Notice Inviting Bid, through the City of Manhattan Beach Public Works Department Bid Opportunities webpage link to the online bid portal at https://www.manhattanbeach.gov/departments/public- works/bid-opportunities. Paper copies will not be accepted. Bidders are solely responsible for ensuring that their Bids are received in proper time. Accepted Bids shall become the property of the City.

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 submission 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 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 12100-0001\2654178v1.doc
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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 the Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the Contract to 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 unless it conforms substantially to the form provided in these Contract Documents.

QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein 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 basis for the Bid comparison. The City does not guarantee that the actual amounts required will correspond 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 omit any such item or por tion, in accordance with the Contract Documents.

ADDENDA. Each Bidder shall register to become a Registered Bidder via the City of Manhattan Beach Public Works Department Bid Opportunities webpage link to the online bid portal at https://www.citymb.info/departments/public-works/bid-opportunities. Addenda, if any, shall be issued via email through the online bid vendor portal. It is the Contractor’s responsibility to ensure the email address utilized in the online bid vendor p ortal is current and accurate and it is further the Contractor’s responsibility to actively check the Portal 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 respon sibility to actively check the online 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. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.

DISCREPANCIES IN BIDS. The unit prices for each Bid Item shall be properly entered in the online electronic Bid Schedule. Each Bidder shall set forth as to each item of Work, a unit or line item Bid amount for the item in the respective spaces provided for this purpose.

In case of discrepancy between the unit price and the line total 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 “Line Total” column, then the amount set forth in the “Line Total” column for the item shall prevail in accordance with the following:

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

(2) As to unit price items, the amount set forth in the “ Line Item” 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 general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated area of the Bid form a statement of its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing 12100-0001\2654178v1.doc
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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 affecting 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 representat ions 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 a ll 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, familiarized itself with the local conditions under which the Work is to be performed; (5) that it is fully experienced, qualified and competent 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 the California Contractors State Licensing Board to perform the Work; (9) that it has familiarized itself with all conditions 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 uncertainties of weather, or similar physical conditions at the Project site; (12) that it has familiarized itself with the character of equipment and facilities needed preliminary to and during performance of the Work; (13) that it has familiarized itself with the staging 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 construct ion activities with the other contractors performing work on the Project site, if any, including, but not limited to, any separate contractor retained by the City.

No information derived from an inspection of records 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 make 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 Contract Documents, regardless of actual conditions encountered, and waive and release the City 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 the Bid that is reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time.

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 returned to the unsuccessful Bidders within a 12100-0001\2654178v1.doc
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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 award 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 DEDUCTIVE 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 Bidder’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 that 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 pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches 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 the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be 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 Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.).

WORK OF SUBCONTRACTORS. All Bidders are encouraged to disseminate all of the 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 California Labor Code. By submitting a Bid, each Bidder certifies that it has investigated the eligibility 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 the form included in these Contract Documents within ten calendar days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all 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 12100-0001\2654178v1.doc
City of MB Form
I-5

be notarized all documents that indicate such a requirement. 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 given the City evidence of all required insurance coverage (including 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 provide human resources, workers' compensation insurance, or other benefits to the Contractor'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 Documents, 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 clarification. 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 brand 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 time 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 herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work 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 accordance 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.

12100-0001\2654178v1.doc
City of MB Form I-6

CHECKLIST

CHECKLIST FOR BIDDERS

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

Online webform via online portal:

1. Online Completed Bid Schedule

2. Online Acceptance of Addenda (if any)

3. Online Completed Subcontractor Designation Form

Scanned copy submitted as attachment via online portal:

1. Completed and Signed Contractor’s Statement

2. Completed References Form

3. Completed, Signed, and Notarized Bid Bond or Other Security Form

4. Signed Noncollusion Declaration Form

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

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

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD 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 interested 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 investigated 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 agrees 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 unit prices or lump -sum price as submitted on the Bid herein.

This Bid is made with the full knowledge of the kind, 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 required by the Contract Documents within ten calendar days after award of the Contract. The Bidder agrees that failure to execute and return the Contract or the required faithful performance bond, labor and materials payment bond, warranty bond, and insurance certificates to the City 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 aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract 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

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD

Bidder’s Name: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Bidder’s Address: XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned 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 under the direction of the City Engineer, at the following prices:

Base Bid Items as Follows:

BASE BID SCHEDULE:

ITEM
NO.

CODE DESCRIPTION UNIT ESTIMATED

QUANTITY
UNIT
PRICES

EXTENDED
AMOUNT
1 % Mobilization
(5% Maximum of Total Bid Price)
LS 1
2 % Remove and dispose existing chain
link fabric, horizontal and vertical
framework, vehicular gates,
pedestrian doors, and components.

LS 1
3 Sawcut existing posts to 4-5 feet in
height. Furnish and install 10 feet
high posts (varied diameter (approx.

3.5 - 4.5 inches) by slipping it over
existing posts. Grout and cap.

EA 65
4 Furnish and install horizontal fence
framework for the top and bottom
railings, including all bracing/truss
rods along corners of fence.

LF 600
5 Furnish and install pedestrian
access door with lock and latch
mechanisms.

EA 2
6 Furnish and install 13 feet long
double drive swing vehicular access
gate with wheeled support and lock
and latch mechanisms.

EA 1
7 Furnish and install 20 feet long
double drive swing vehicular access
gate with wheeled support and lock
and latch mechanisms.

EA 1
8 Furnish and install PVC coated
chain link fabric with nominal
dimensions measuring 10 foot high,
1” mesh, 9-gauge finish (Class 2).

Install PVC coated wire along middle
LF 600

[HARRIS STEEL FENCE CO., INC] RESPONSE DOCUMENT REPORT
ITB No. E1306-25C
Fence Replacement Project at Marine Avenue Park Soccer Field

[HARRIS STEEL FENCE CO., INC] RESPONSE DOCUMENT REPORT
Invitation to Bid - Fence Replacement Project at Marine Avenue Park Soccer Field

Page 4 ends

BASE BID SCHEDULE
Line Item
No.

Description Estimated
Quantity
Unit of
Measure
Unit Cost Total Code
1 Mobilization (5% Maximum of Total Bid Price) 1 LS $2,325.00 $2,325.00 % 2 Remove and dispose existing chain link fabric, horizontal and vertical framework, vehicular gates, pedestrian doors, and components.
1 LS $3,635.00 $3,635.00 %
3 Sawcut existing posts to 5 feet in height. Furnish and install 10 feet high posts (varied diameter (approx. 3.5 - 4.5 inches) by slipping it over existing posts. Grout and cap.
65 EA $268.00 $17,420.00
4 Furnish and install horizontal fence framework for the top and bottom railings, including all bracing/truss rods along corners of fence.
600 LF $30.62 $18,372.00
5 Furnish and install pedestrian access door with lock and latch mechanisms.
2 EA $2,858.00 $5,716.00
6 Furnish and install 13 feet long double drive swing vehicular access gate with wheeled support and lock and latch
mechanisms.
1 EA $5,590.00 $5,590.00
7 Furnish and install 20 feet long double drive swing vehicular access gate with wheeled support and lock and latch
mechanisms.
1 EA $6,745.00 $6,745.00
8 Furnish and install PVC coated chain link fabric with nominal dimensions measuring 10 foot high, 1” mesh, 9-gauge finish (Class 2). Install PVC coated wire along middle height of post for additional support. Includes all fastening hardware, and appurtenances.
600 LF $59.00 $35,400.00
[HARRIS STEEL FENCE CO., INC] RESPONSE DOCUMENT REPORT
ITB No. E1306-25C
Fence Replacement Project at Marine Avenue Park Soccer Field

[HARRIS STEEL FENCE CO., INC] RESPONSE DOCUMENT REPORT
Invitation to Bid - Fence Replacement Project at Marine Avenue Park Soccer Field

Page 5 ends

Line Item
No.

Description Estimated
Quantity
Unit of
Measure
Unit Cost Total Code
9 Furnish and install all components of the fence project as forest green.
1 LS $952.03 $952.03 %
TOTAL $96,155.03

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

DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD

List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of th e 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 bri dges, in excess of one -half of one percent of the Contractor’s total Bid or $10,000.00, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.

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).

ENTER ONLINE
[HARRIS STEEL FENCE CO., INC] RESPONSE DOCUMENT REPORT
ITB No. E1306-25C
Fence Replacement Project at Marine Avenue Park Soccer Field

[HARRIS STEEL FENCE CO., INC] RESPONSE DOCUMENT REPORT
Invitation to Bid - Fence Replacement Project at Marine Avenue Park Soccer Field

Page 3 ends

5. Designation of Subcontractors*
List all Subcontractors who will perform Work or labor 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 percent of the Contractor’s total Bid or $10,000.00, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. *The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

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%)

No subcontractors

6. Addendum No. 1*
Please upload signed Addendum No. 1 here:
(Addendum No. 1 found in Addenda section)
ADDENDUM.pdf

PRICE TABLES

12100-0001\2654178v1.doc
City of MB Form
B-16

ADDENDA ACKNOWLEDGMENT FORM

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD 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.

ENTER ONLINE

CordobaPortsmouthHerrin Ave.Marine Ave.Redondo Ave.MarineAvenuePark

Know what'sbelow.before you dig.Call
R

INDEX OF DRAWINGS
4 4
4 4
600-4 CHAINLINK FENCE AND GATES
STANDARD PLANS:

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD

PLANS FOR

JOSEPH DEFRANCESCO
4/23/26
4/24/2026
1 Sawcut Posts BC 5.21.26
GENERAL NOTES: (MUST USE ALL NOTES ON THIS SHEET FOR ALL PLANS) PRIVATE ENGINEERS NOTICE TO CONTRACTOR:“” “”
NPDES NOTES:

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

INSTALL DOUBLE DRIVE SWING GATE FOR VEHICULAR ACCESS
WITH WHEELED SUPPORT AND LOCK AND LATCH MECHANISM.

GATE 1 IS 13 FEET IN LENGTH AND GATE 2 IS 20 FEET IN LENGTH.

N
N
4/24/2026
5 65
CONTRACTOR TO VERIFY IN FIELD.
1 Sawcut Posts BC 5.21.26

INSTALL PEDESTRIAN ACCESS DOOR WITH LOCK AND LATCH
MECHANISM (TWO (2) DOORS TOTAL).

CONTRACT

CITY OF MANHATTAN BEACH CONTRACT FOR

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD

THIS CONTRACT (“Contract”) is made and entered this 21st day of July, 2026 (“Effective Date”), by and between the CITY OF MANHATTAN BEACH, a California municipal Corporation (“City”) and HARRIS STEEL FENCE CO , a California Corporation , (“Contractor”). The Contractor’s California State Contractor’s license number is 319155.

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

1. Contract Documents. The Contract Documents consist 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 Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Prov isions, 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 complete the Work in a good and workmanlike manner for the project identified as Fence Replacement Project at Marine Ave Park Soccer Field (“Project”), as described in the Contract Documents.

3. Compensation.

3.1 Contract Price and Basis for Payment . In consideration 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 $96,155.03 (“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.

4.1 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 Materials constitutes the date of commencement of the Contract Time of 80 Working Days. 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). 12100-0001\2654178v1.doc
City of MB Form
C-2

The Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials shall further specify that the Contractor must complete the preconstruction requirements and order materials within 60 Working Days after the date of commencement 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 Schedule. Refer to GP Part 1 Section 6.

• Submitting and obtaining approval of critical required and lead time submittals, shop drawings, and/or cut sheets. Refer to Part 10 Technical Provisions.

• Obtaining a temporary construction water meter, etc. if applicable.

• Submitting and obtaining approval of a Project Staffing List with contact information, Illness and Injury Prevention Plan, and a Project Emergency Contact List. Refer to GP Part 1 Section 6.

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

• Obtaining approved Permits from all applicable agencies. Refer to GP Part 1 Section 2-2.

4.2 Notice to Proceed with Construction . After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, the City shall issue the “Notice to Proceed with Construction,” at which ti me the Contractor shall 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 (Not Used)

6.2 City Not Liable for Contractor Failure to Achieve Early Completion . While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the City is exempt from liability for 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 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 12100-0001\2654178v1.doc
City of MB Form
C-3

to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (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 become 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 acknowledge 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 of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance 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 for 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 on behalf of the Contractor warrants and represents that he or she has the authority to execute 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. 12100-0001\2654178v1.doc
City of MB Form
C-4

IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.

CITY:

City of Manhattan Beach,
a California municipal corporation

By:

Name: Talyn Mirzakhanian
Title: City Manager
Date:

ATTEST:

By:

Name: Liza Tamura
Title: City Clerk
Date:

APPROVED AS TO FORM:

By:

Name: Quinn M. Barrow
Title: City Attorney
Date:

APPROVED AS TO FISCAL IMPACT:

By:

Name: Libby Bretthauer
Title: Finance Director
Date:

APPROVED AS TO CONTENT:

By:

Name:

Title:

Date:

CONTRACTOR:

Harris Steel Fence, Co., Inc.
a California corporation

By:

Name:

Title:

Date:

By:

Name:

Title:

Date:

PROOF OF AUTHORITY TO BIND

CONTRACTING PARTY REQUIRED
P ublic Works Director
Ramzi Awwad
12100-0001\2654178v1.doc
City of MB Form
C-5
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:

Fence Replacement Project at Marine Ave Park Soccer Field (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 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 contractors, 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 Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any 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 file 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 California 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 Section 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 and 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
City of MB Form
C-6
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 party 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 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
City of MB Form
C-7

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:

Fence Replacement Project at Marine Ave Park Soccer Field (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 truly 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 the 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 covenants, condition s 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 addition 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 such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives 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 performed 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
City of MB Form
C-8
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)

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:

Fence Replacement Project at Marine Ave Park Soccer Field (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 the hereby bounded Principal, his, her or its heirs, executors, administrators, successors 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 Contract, caused by defective or inferior materials or workmanship, and shall indemnify, defend and hold harmless the City, its officers, agents, and employees for any and all claims, de mands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys’ 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 performed thereunder or the specifications 12100-0001\2654178v1.doc
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accompanying the same shall in anywise affect its obligations 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)

CHECKLIST FOR EXECUTION OF CONTRACT

TO BE SUBMITTED BY SUCCESSFUL BIDDER:

Executed copy of the Contract (will be sent via DocuSign)

Completed, signed, and notarized Payment Bond (one original and one electronic copy) in amount of the Contract

Completed, signed, and notarized Performance Bond (one original and one electronic copy) in amount of the Contract

Workers’ Compensation Certificate with attached Certificate of Insurance

General Liability insurance certificate naming the City as an additional insured

Automobile insurance naming the City as an additional insured

Umbrella/Excess Liability (General aggregate) insurance certificate naming the City as a co-insured, if applicable

Additional insured endorsement – comprehensive general liability Additional insured endorsement – automobile liability
Additional insured endorsement – excess liability

Primary and Non-Contributory Endorsement- General Liability Policy Waiver of Subrogation - general liability
Waiver of Subrogation - Worker’s Compensation

W-9 Request for Taxpayer Identification Number and Certification Form

Verification of Authority to Sign Document

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 2024 edition of “Standard Specifications for Public Works Construction”, as amended by the Contract Documents, is incorporated into the Contract 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 General 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 Part 1 (General Provisions) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these General Provisions, these General Provisions shall control.

SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,

AND SYMBOLS

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

1-2 TERMS AND DEFINITIONS

Whenever in the Standard Specifications or in the Contract 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 directly or through properly authorized agents. Such agents shall act within the scope of the 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, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, 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, pursuant to Section 3 -13.1 these General Provisions.

Inspector – An authorized representative of the City, 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 Requirements and Order Materials – A written notice issued by the City to the Contractor that authorizes the Contractor to proceed with preconstruction requirements and the acquisition or purchase of materials t hat 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 Subcontractor, manufacturer, supplier, or distributor, which illustrate how specific portions 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 Engineer who is assigned traffic -related matters.

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

Working Day - Any calendar day except Saturdays, Sundays, 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 Standard 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 CRSI ................................ ................................ ..................... Concrete Reinforcing Steel Institute CSI ................................ ................................ ........................ Construction Specifications Institute 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 the principal and its Subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the prin cipal, any of its Subcontractors, or both the principal and its Subcontractors 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 Standard 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.

SECTION 2. SCOPE OF THE WORK

The provisions below shall supplement but not replace 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 12100-0001\2654178v1.doc
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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 material 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 Contractor will be required to obtain all necessary permits from the City, which may include obtaining a n encroachment permit for Work within the public right-of-way, as well as all other permits required from all other agencies. Should this Project require construction of trenches or excavations 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 ca n commence on this Project. The Contractor shall bear all cost for fees for all agencies except for the City of Manhattan Beach permit fees. A no fee Encroachment and Temporary Use Permits will be required from the Manhattan Beach Community Development.

The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. All City of Manhattan Beach permits required for the performance 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 other 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.

Payment for conforming with all collateral work shall be considered, as being included in the various Contract items in the bid schedule and no additional 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:

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cases required for the protection of personnel.

2-5.4 Haul Routes

Subsection 2-5.4 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, if 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 Change Order Proposal (“COP”) may be submitted to the City in writing, using the forms provided herein 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 Contractor 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 issue 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 Contract 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, alterations or decreases of Work shall be considered and treated as though originally contracted 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.

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 12100-0001\2654178v1.doc
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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 must be approved by the City Council. No payments in excess of the original Contract Price will 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 in 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 Contractor 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 does not authorize the Contractor to commence performance of the changed work. The Contractor 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 affected 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 Subsection 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 Contract Price; and

C. The extent of the adjustment, if any, in the Contract 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 shall be a full compromise and settlement of all adjustments to the Contract Time and Contract Price, and compensation for any and all delay, 12100-0001\2654178v1.doc
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extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing site conditions, 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 the 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 agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may, by Construction Change Directive, without invalidating the Contract, order changes in the Work 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 C onstruction Change Directive, the Contractor shall promptly proceed with the change in the Work involved. A Construction Change Directive shall be used in the absence of total agreement on the terms 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 items 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 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:
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In the event of disputed Work, the City shall have the right to unilaterally issue a written Work Directive; and the Contractor shall continue performance 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 Directive 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 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. D-954

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

DESCRIPTION:

TO: Construction Company, Inc.

SUMMARY: This change order includes items for XXXXX. It added XX days to the schedule.

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

SUMMARY OF CHANGES
Description
(Detailed Explanation Attached)
Change in
Contract Price1
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 Contract 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 and all prior amendments shall remain in full force and effect and all of the terms of the Contract 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. D-954

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 COST1
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. D-954

ITEM DESCRIPTION UNIT UNIT
PRICE
BID OR

CURRENT

APPROVED
QTY
FINAL
QTY

CHANGE CHANGE
IN COST1
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.

10 SIGNATURE PAGE TO FOLLOW:

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CITY OF MANHATTAN BEACH
Project No. D-954

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

The original Contract Time of X Working Days was extended 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 delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing site conditions, construction interferences and oth er 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 this 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 nature, 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. D-954

CHANGE ORDER PROPOSAL FORM EXAMPLE

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. D-954

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

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. D-954

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

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. D-954

CHANGE ORDER PROPOSAL FORM
2-11.2(d) MATERIAL COST REPORT EXAMPLE

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. D-954

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

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. D-954

CHANGE ORDER PROPOSAL FORM

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

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. D-954

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:

10 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 Specifications 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 decrease 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 Contractor, 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. D-954

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 in 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 Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the 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 shall be listed by the Bidder in accordance with these specifications and must be properly licensed under the laws of the State of California for the type of work which they are to perform. Copies of all Subcontracts shall be made available 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

The Contractor shall arrange and pay for all off -site 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 subsection:

3-5.1 Inspection

An inspector shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the Work. Any advice which an inspector may give 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 12100-0001\2654178v1.doc
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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 defective work may be accepted subject to an equitable deduction from the Contract Price which may be made therefor 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 the 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 the Contract, the Contractor shall pay such costs.

3-7 CONTRACT DOCUMENTS

3-7.1 General

All final locations determined in the field, and any 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 occurred 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 identified in the Specifications but is not specifically indicated as an item in the Bid Schedule, and there is no ambiguity regarding the requirement to construct, install, or construct and install that wor k 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 Specifications, 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 jurisdiction.

3. Change Orders and Supplemental Agreements, whichever occurs last.

4. Contract.

5. Addenda.

6. Notice Inviting Bids.

7. Instructions to Bidders.

8. Bid/Proposal.

9. Special Provisions.

10. General Provisions.

11. Plans.

12. Standard Plans.

13. Standard Specifications.
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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 information, and/or other available instructive and descriptive information from the manufacturer, when and as require d by the Plans or General Provisions or requested by the Engineer. Shop drawings will not be required for standard items in common use for which adequate manufacturers’ literature is available unless otherwise required by the Engineer.

The Contractor shall consecutively number, thoroughly check, approve and sign each submittal and transmit the submittals to the Engineer for review. 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 Contractor 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 been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records 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.

The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the Engineer, their agents, 12100-0001\2654178v1.doc
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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 Plans, 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 exploration 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 drawings 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 Project 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 Corner 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 of 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 the City of the filed paperwork receipt within 2 days of submission. The Contractor is required to provide 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 replacement 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 not be incorporated, and shall instead be replaced with the following:

The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right -of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

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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 end of each day and thoroughly before weekends. The Contractor shall not allow the Work site 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 with 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 by 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 within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and 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 products in accordance with the manufacturer’s written recommendations and by methods and means that 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 coordination 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 inspection. 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 excavated material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications or Engineer. 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 rubbish, 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.

All costs associated with the clean -up and storage required to complete the Project shall be the sole responsibility of the Contractor. Full compensation 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 Section 5-7 of the Standard Specifications and 12100-0001\2654178v1.doc
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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 relations, 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-exceed 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 eq uipment shall not be stored in s treets, roads, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.

3-13 COMPLETION, ACCEPTANCE AND WARRANTY

3-13.1 Completion

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

The Contractor shall complete all Work under the Contract including punchlist items within the stipulated Working Days from the Notice to Proceed, as stated in the Contract. 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 Proceed, 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 Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all Applicable Laws including, but not limited to, correction or completion of all pu nch list items, the Work site is cleaned up in accordance with Section 3 -12 of the Standard 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 information required by the California Civil Code;

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

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, suppliers, and other person eligible to file stop notices in connection with the Work; and

5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in 12100-0001\2654178v1.doc
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correct operation and maintenance procedures for all equipment 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, m aintenance or other operation procedures.

The Contractor shall allow at least seven Working Days’ 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 expense. 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 that 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 and 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

The provisions below shall supplement but not replace those provisions in Section 4 of the Standard Specifications, unless specifically noted below.

4-1 GENERAL

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.

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

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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 General Provisions, all testing of materials will be performed by the City in such number and at such locations 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 amount due the City for the re -testing will be deducted from the Contract Price via Change Order.

The cost of rework material testing, overtime, travel 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 equivalent 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 Contractor 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 of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are Required

The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with the requirements of this Section will result in delay of progress payment.

4-9.2 Contractor’s Obligation

The City is committed to a recycling program. If available, it is the obligation of the Contractor, under the Contract, to recycle the waste material through an approved recycling plant. Records 12100-0001\2654178v1.doc
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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 those provisions in Section 5 of the Standard Specifications, unless specifically noted below

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 to (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 shall 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 request. 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 the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty 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 which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.

5-3.2.3 Debarment or Suspension

The Contractor shall not perform Work with any Subcontractor 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 duration 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 12100-0001\2654178v1.doc
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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 the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. 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 thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor 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 such 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 after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and 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 12100-0001\2654178v1.doc
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the Public Contract Code, or engage in the performance 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 and 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 General Provisions and a requirement that each Subcontractor shall comply with those provisions. The 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 Contractor 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 independent contractors s erving 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 without 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:

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 officials as insureds or additional ins ureds regardless of any inconsistent statement in the policy 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, 12100-0001\2654178v1.doc
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except as otherwise specified in Section 6-5.

The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 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 California 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, officers, 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 policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.

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 -insurance 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.

The insurance policies required under this Section 5 -4 shall not prohibit the Contractor and the 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.

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 or 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 otherwise modify the insurance policies required by this Section 5-4 during the term of the Contract. The commercial general and automobile liability policies required under the Contract shall be endorsed to state that should the issuing insurer 12100-0001\2654178v1.doc
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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 Standard Specifications, as modified by this Section 5 -4. The endorsements are subject to approval by the City’s Risk Manager. The Contractor may provide complete, certified copies of all required insurance policies to the City.

The Contractor shall provide proof to the Cit y’s Risk Manager that insurance policies expiring during the term of the Contract have been renewed or replaced with other policies providing at least the same coverage. The Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.

The endorsements are to be signed by a person authorized 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, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The Contractor shall maintain current insurance certificates and endorsements on file with the City’s Risk Manager at all times during the term of this Contract. The City reserves the right to require 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, workers' compensation insurance, or other benefits to the Contractor's employees, the Contractor 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 of 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.
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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 addition to all other legal options available to the City to enforce the insurance requirements.

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 with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage . If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project or location or the general aggregate limit shall be twice the required occurrence limit. If the Contractor is a limited 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.

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 $1,000,000.00 per accident for bodily injury or disease. If the Contractor has no employees while performing the Work 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 owned, non -owned or hired vehicle used in connection with the performance of the Contract with 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 the Work under this Contract, the Contractor shall obtain a non-owned auto endorsement to the Commercial 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:

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

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
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day 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 elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns 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 wha tsoever, 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 officers, 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 the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, 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 and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by 12100-0001\2654178v1.doc
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the Contract. The Contractor shall fully comply with 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 comply 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 agreements 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 performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall 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 employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, incl uding 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 under 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 deposit 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 under 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 encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement betwee n the parties or by the findings of a court of competent jurisdiction.

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5-8.6 Nonwaiver of Rights.

Indemnitees do not and shall not waive any rights that 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 Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

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

The provisions below shall supplement but not replace those provisions in Section 6 of the Standard Specifications.

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK

6-1.1 Construction Schedule

In addition to the construction schedule required pursuant 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 monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

One week before the scheduled pre -construction meeting, the Contractor must submit a construction schedule to the Engineer for review and 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 Contractor shall update this Construction Schedule when directed by the Engineer, or when:

a. A Change Order significantly affects the Contract 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 Subcontractors that the Contractor deems appropriate.

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Contractor shall submit its 24 -hour emergency telephone numbers to the Engineer for approval a minimum of two Working Days before the pre -construction 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 materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site field superintendent 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 responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish 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 distribution 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 states 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:

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For any overtime or emergency work beyond a regular eight -hour day and for any work performed on Saturday, Sunday, or holidays, the charges for City personnel and City consultants/independent contractors, including inspection, required on the job site shal l be the responsibility of the Contractor and all costs therefor 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. Contract Time extensions, when granted by the 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 to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by the Contractor. If the Change Order does not reserve the 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 to 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 relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall 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.
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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 by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any 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 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 extension 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 in 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 any time and for any reason or for no reason at all, and the City determines at its discretion that 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 immediately. The City shall reimburse the Contractor for its work satisfactorily completed until 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 12100-0001\2654178v1.doc
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from its external source. The Special Provisions may 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 completed 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 $300 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

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 compensation for all labor, equipment, materials, tools and incidentals required to complete the Project 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 of the Bid, described in the second paragraph of Subsection 7 -2, “Lump Sum Work,” of the 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.
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7-2.1 Progress Payments for Lump Sum Items of Work

The word “Complete” in the Estimated Quantities column of the Bid Schedule for a lump sum item of Work shall mean that payment for that item 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 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 Contract 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 Acceptance, the five percent deducted and retained from each progress estimate (see Subsection 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 all requests for progress payments for the work performed in accordance with the provisions of the Contract during the preceding month. The 12100-0001\2654178v1.doc
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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 applicable monthly progress payment request.

Progress 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.

7-3.2.2 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 shall 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 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 recordation of the Notice of Completion, or recordation of a notice of cessation, but not longer then the period permitted by Public Contract Code Section 7107.

In addition to retained percentage and liquidated damages, the City may withhold payments to the Contractor including for defective work not remedied 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 performed 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 Appendix I). Upon receipt of the final payment request, the Engineer shall check the quantities included therein and shall authorize a payment amount, which in the Engineer’s opinion shall be just 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 set of Plans and Specifications showing the redlined as-built conditions.

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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 22300, the Contractor may request that it be permitted to substitute securities in lieu of having 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.

7-3.2.5.1 Substitution of Securities for Performance Retention

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 the substitution of ret entions with securities equivalent to the amount estimated by the City (“estimated 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 the equivalent or greater in value of the estimated amount of retention. If the Contract is modified 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 payments, 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 expense 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 12100-0001\2654178v1.doc
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on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the 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 interest received by the Contractor on any 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 Subcontractor 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 Contractor. 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 amount of interest earned, net of costs attributed to the retention held from eac h Subcontractor, 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 those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually 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 deposit 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
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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 Specifications 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 paid using the Contract Unit Price, regardless of whether the actual quantity of the Minor 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

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 Specifications 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.

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 covered 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:

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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 insurance, 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 added 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 which the Extra Work is performed. The labor surcharge shall constitute full compensation for all payments imposed by State and federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages, subsistence and travel paid to the workers. The labor surcharge includes Workers’ Compensation, Social Security, Medicare, Federal Unemployment, State Unemployment, and State Training taxes.

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 approved in advance in writing by the Engineer, may be charged to the Extra Work. Such cost includes only the actual cost of supervision labor, plus payroll taxes, insurance, and pension costs. The 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 10 days following delivery of materials to the Work site, the Engineer reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available, in the quantities 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 equipment 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 equipment 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 12100-0001\2654178v1.doc
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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 equipment 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. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning 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 Extra Work to be paid on a force account basis, the Contractor will be paid for the equipment and operator as follows:

1. Payment for the equipment will be made 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.

2. Payment for the cost of labor will be made in conformance 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 Contractor’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 markup 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 12100-0001\2654178v1.doc
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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:

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, material, and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization.

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 facility 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 Provisions, 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 Extra Work that was performed and the 12100-0001\2654178v1.doc
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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 vendor’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 shall 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 Inspector 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 agreed upon and signed by both parties, 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 extended 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 response 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 three and one-half 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

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

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:
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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 for denial. The Contractor shall then re- 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 results 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 amount 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 facility 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 the 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 other than disposal in a landfill. Diversion credit is given for source reduction (waste reduction), recycling, and composting.

e) “Diversion Requirement” means the diversion of at least 65% of the total Construction and Demolition Debris generated by a Project via reduction (source reduction), reuse or recycling, unless the Contractor has been granted an Infeasibility 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, sorting, 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. 12100-0001\2654178v1.doc
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g) “Renovation” means any change, addition, or modification in an existing structure. h) “Reuse” means further or repeated use of Construction 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 Construction or Demolition Debris from project for the purpose of recycling, reuse, or storage for later recycling or reuse.

j) “Construction and Demolition Waste Management Plan” means a completed form, approved by the Engineer for the purpose of compliance 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 Report” means a completed form, approved by the Engineer for the purpose of compliance with this Section, submitted by the Contractor for any Project that documents the disposal and diversion tonnages and destinations.

9-3 INFEASIBILITY EXEMPTION

a) Application. If the Contractor experiences unique circumstances that the Contractor believes make it infeasible to comply with the Diversion 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 believes 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 supplied 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 Engineer 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 based 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 equation defines the “Generation -Based Diversion Quantification Methodology”:

Generation = Disposal + Diversion
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9-5 ADDITIONAL INFORMATION

Other materials to assist the Contractor in completing 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
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 Inspection 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 PAYMENT 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 Main [ ] 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 Table
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 Guide.)

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 ranges vary widely, depending on how the materials are 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 estimating 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
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SECTION 10. ADDITIONAL TERMS

10-1 NONDISCRIMINATORY EMPLOYMENT

The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, 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 mandates 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 authorize 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 considered 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 t he 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 expense 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 part 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 debris, 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 the 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

Soils Engineering and Testing are not expected for this fence maintenance project. For any unforeseen circumstances or work approved in advance in writing by the Engineer , testing and inspection services are to meet requirements of the California Building Code (CBC), Title 24, Parts 1 and 2. Tests of materials are required by a certified testing agency as set forth in Section 4-335 of the California Building Standards Administrative Code . An independent certified materials testing firm must 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.

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 access private property for any portion of the Project.

10-8 WORKING DAYS AND HOURS

Unless otherwise noted in Part 9 Special Instructions or authorized by the City Engineer:

a) The Contractor shall do all Work between the hours of 6:00 a.m. to 3:30 p.m., Monday through Friday.
b) No Work will be allowed on Saturday, Sunday or City holidays listed on the City’s website. c) 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, as determined by the City Engineer, a time extension of one Working Day will be granted for each such Day that Work cannot be performed.

The City’ s Municipal Code or the project permit may list conflicting hours or Days for the Contractor to do the Work. In these cases, Working Days and Hours shall be as noted in Part 9 Special Instructions, unless otherwise authorized by the City Engineer.

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 Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

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and payment of such claims, are subject to the Government 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 construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to 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 Contractor 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 federal, 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 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.

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 defined in Section 3 -13.2 of the General Provisions that is or may likely make the Contractor “financially interest ed,” 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

Time is of the essence in these Contract Documents.

10-16 INDEPENDENT CONTRACTOR

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The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, 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 Contractor 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 Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf 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, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors.

10-17 CONSTRUCTION

In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents 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 condition 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 breach 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 available 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 services 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.

10-21 SEVERABILITY

If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise 12100-0001\2654178v1.doc
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unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

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PART 2 - CONSTRUCTION MATERIALS

Incorporated by Reference

SECTION 206-6 – CHAIN LINK FENCE

Add the following:

All materials and installation shall confirm to the Greenbook unless otherwise noted in the plans and Part 10 Special Technical Provisions.

PART 3 - CONSTRUCTION METHODS

The corresponding provisions in Part 3 (Construction Methods) of the Standard Specifications are incorporated, 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 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 material 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 unusual 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 addition 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 on 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. 12100-0001\2654178v1.doc
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PART 4 - EXISTING IMPROVEMENT

The corresponding provisions in Part 4 (Existing Improvement) of the Standard Specifications are incorporated, 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

Replace the subsection with the following:

The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. If damage to existing improvements occurs, the engineer must be notified immediately, and damages must be repaired at the Contractor’s expense within 24 hours from the time the damage occurred, unless otherwise approved by the engineer.

The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., sidewalks, driveways, fences, walls, utility installations, conduits, pavement, structures, hardscape, signs, markings, striping, posts, traffic loops, curbs, gutters, sidewalk, ADA detectable warning devices, asphalt, delineators, landscape, plants, irrigation infrastructure, fences, walls, structures, manholes, frames, valve covers, sleeves, survey markers, benchmarks, survey control monuments, et c.) which are damaged or removed as a result of its operations .

Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension at the contractor’s expense and to the satisfaction of the engineer.

If excavation is required, Contractor shall finish grade soil adjacent to Work that is disturbed during construction operations. Trees, lawns, turf, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, all shall be restored or replaced in as nearly the original condition and location as is reasonably possible.

Lawn areas shall be re-sod or reseeded and covered with suitable mulch. Plants shall be replaced with the same materials and similar in size. Parkway fill materials shall be Class A topsoil. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs to damaged irrigation lines or sprinkler heads shall be made within 48 hours.

The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work.

400-3 PAYMENT

Replace the entire subsection with the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

No separate or additional payment will be made for
1) Protection of existing improvements, and
2) Restoration of existing improvements.

Permanent survey markers will be restored by the Contractor at their own expense. It shall be the Contractor’s responsibility to place protective covering over existing improvements which are not designated for removal to otherwise avoid disturbing existing improvements and remove any 12100-0001\2654178v1.doc
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covering after operations have been completed.

SECTION 402 - UTILITIES

402-1 LOCATION

Replace the first paragraph with:

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 private 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 shall be responsible for preserving the integrity of the existing underground utilities at the site.

Add the following:

Existing utilities may include, but are not limited: electric utilities, gas utilities, telephone utilities, television utilities, water utilities, street lighting facilities, traffic signal facilities, sanitary sewers, storm drains, and irrigation systems. The Contractor shall assume that any of these underground utilities and/or facilities may be encountered during the removal and reconstruction work and shall protect and restore same in place i n accordance with the Standard Specifications and the followi ng 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 reconstr uction, 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 be performed. The "potholes" shall be to a depth sufficient to satisfy the Contractor that the proposed 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 and/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.
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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 Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.
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402-1.3 Entry by Utility Owners

Add the following:

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 property 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 reconstruct 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.

402-2 PROTECTION

Add the following to paragraph five:

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 the 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 to paragraph three:

The Contractor shall cooperate fully with all Utility 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 contractors 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.

402-7 NOTIFICATION

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Add the following:

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
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PART 5 - PIPELINE SYSTEM REHABILITATION (NOT USED)

PART 6 - TEMPORARY TRAFFIC CONTROL

Incorporated by reference.

PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM (NOT USED)

PART 8 - LANDSCAPE AND IRRIGATION

Incorporated by reference.

PART 9 - SPECIAL INSTRUCTIONS

SECTION 1. GENERAL
1-01 SITE MAINTENANCE
The site shall be kept safe and orderly. Spoils and debris shall be immediately removed from the project site. The Contractor shall maintain a secure fence or provide a temporary fence at the site so that sports programs are maintained outside of work hours. The paths of travel shall be kept accessible during construction. Contractor shall implement pedestrian traffic control as needed for safety and access to the park facilities throughout the entire project.

1-02 CONSTRUCTION STAGING AREA
During construction, the approved / designated construction staging and Contractor’s laydown area will be the northwest portion of the parking lot adjacent to the trash enclosure . The area covers approximately three parking stalls and a hatched area (15’x45’) that may be used for the duration of the project construction only. The Contractor is responsible for temporary fencing, securing, and lock ing the staging area. No overnight staging of material or equipment will be allowed within the soccer field or elsewhere within the park. At no time shall the Contractor use or block access to the site’s trash enclosure.

Should the Contractor require an additional staging area, the Contractor shall make its own arrangements for any necessary off-site storage or shop areas needed for the proper execution of the Work including the transfer of materials and equipment to and f rom the project vicinity.

Compensation for compliance shall be included in the line item for general requirements or various items of the Work, and no additional compensation shall be allowed, therefore.

SECTION 2. STAKEHOLDERS
The Contractor shall coordinate all Work with the City Public Works Department, Parks and Recreation Department, applicable sports programs, and schools within the vicinity. Contractor shall work in close coordination with all impacted agencies, businesses, and residents to ensure impacts are minimized during work.

The Contractor shall notify the following City Departments and agencies at least 24 hours prior to the start of work at any location, and 24 hours prior to the partial closing of a street or alley within the City of Manhattan Beach.

MANHATTAN BEACH PUBLIC WORKS DEPARTMENT
Public Works Inspector (310) 802-5361 & (310) 802-5341

MANHATTAN BEACH POLICE DEPARTMENT
Notify Dispatcher’s Office (310) 545-4566

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MANHATTAN BEACH FIRE DEPARTMENT
Notify Dispatcher's Office (310) 802-5203

10- 1
PART 10 - STANDARD AND SPECIAL TECHNICAL PROVISIONS

FENCE REPLACEMENT PROJECT AT MARINE AVE PARK SOCCER FIELD PROJECT NO. D-954

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

The Technical Specifications are organized into Divisions and Sections using the 49 -division format and CSI’s MasterFormat, current edition, numbering system. The Technical Specifications use Section numbers and titles to help cross-referencing in the Contract Documents. Sections in the Contract Documents are in numeric sequence; however, the sequence is incomplete because all available Section numbers are not used. Consult the table of contents at the beginning of the Contract Documents or Technical Specifications to determine numbers and names of Sections in the Contract Documents. Sections in Division 1 govern the execution of the Work of all Sections in the Technical Specifications.

The Technical Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Language used in the Technical Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted a s plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates.

2. Imperative mood and streamlined language are generally used in the Technical Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. The words “shall", “shall be", or “shall compl y with", depending on the context, are implied where a colon is used within a sentence or phrase.

TABLE OF CONTENTS
00 01 10 - 1

DOCUMENT 00 0110 - TABLE OF CONTENTS

NUMBER TITLE

00 0110 TABLE OF CONTENTS

DIVISION 01 GENERAL REQUIREMENTS
01 1100 SUMMARY OF WORK
01 1450 CUTTING
01 2000 PROJECT MEETING
01 3000 SUBMITTALS
01 5000 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
01 6300 SUBSTITUTIONS
01 7000 CONTRACT CLOSEOUT
01 7400 WARRANTIES AND GUARANTEES
01 7450 CLEANING
01 7800 OPERATING AND MAINTENANCE MANUALS
01 7850 PROJECT RECORD DOCUMENTS

DIVISION 02 EXISTING CONDITIONS
02 0700 SELECTIVE DEMOLITION

DIVISION 32 EXTERIOR IMPROVEMENTS
32 3113 CHAIN LINK FENCES AND GATES

END OF SECTION 00 0110

SUMMARY OF WORK
01 11 00 - 1

SECTION 01 1100 - SUMMARY OF WORK

PART 1 - GENERAL

1.01 SECTION INCLUDES

The furnishing of all labor, materials, equipment, services, and incidentals necessary for work for the Site Fencing Improvement at Marine Avenue Park Soccer Field. Work scope includes fence replacement and/or fence fabric replacement at the site listed above and as described in the construction documents.

1.02 RELATED REQUIREMENTS:

1. Section 01 0450: Cutting.

2. Section 01 2000: Project Meetings.

3. Section 01 3000: Project Submittals.

4. Section 01 5000: Construction Facilities and Temporary Controls.

5. Section 01 6300: Substitutions

6. Section 01 7000: Contract Closeout

PART 2 - PRODUCTS (Not used)

PART 3 - EXECUTION

3.01 USE OF PREMISES

A. CONTRACTOR shall coordinate Work of all trades, Subcontractors, utility service providers, with CITY and/or Separate Work Contract. CONTRACTOR shall sequence, coordinate, and perform the Work to impose minimum hardship on the operation and use of the existing facilities and/or Project site. CONTRACTOR shall install all necessary protection for existing improvements, Project site, property, and new Work against dust, dirt, weather, damage, vandalism, and maintain and relocate all protection to accommodate progression of the Work.

B. CONTRACTOR shall confine entrance and exiting to the Project site and/or facilities to routes designated by the CITY.

C. Within existing facilities, CITY will remove portable equipment and supplies from Work areas prior to the start of Work. The CONTRACTOR shall confirm what the CITY should temporarily relocate a minimum of two weeks prior to construction. The CONTRACTOR will cover and protect remaining items in areas of the Work.

D. CONTRACTOR is advised that recreational activities may be in session during performance of the Work. CONTRACTOR shall utilize all available means to prevent generation of unnecessary noise and maintain noise levels to a minimum. When required by the CITY, CONTRACTOR shall immediately discontinue noise - generating activities and/or provide alternative methods to minimize noise generation. CONTRACTOR shall install and maintain air compressors, tractors,

SUMMARY OF WORK
01 11 00 - 2

cranes, hoists, vehicles, and other internal combustion engine equipment with mufflers, including unloading cycle of compressors. CONTRACTOR shall discontinue operation of equipment producing objectionable noise as required by the CITY.

E. CONTRACTOR shall furnish, install, and maintain adequate supports, shoring, and bracing to preserve structural integrity and prevent collapse of existing improvements and/or Work modified and/or altered as part of the Work.

F. CONTRACTOR shall secure entrances, exits, and Work areas with locking devices as required by the CITY.

G. CONTRACTOR assumes custody and control of CITY property, both fixed and portable, remaining in existing facilities vacated during the Work.

H. CONTRACTOR shall cover and protect surfaces of spaces in the existing facilities turned over for the Work, including CITY property remaining within as required to prevent soiling or damage from dust, dirt, water, and/or fumes. CONTRACTOR shall protect areas adjacent to the Work in a similar manner. Prior to CITY occupancy, CONTRACTOR shall clean all surfaces including CITY property impacted by the adjacent Work.

I. CONTRACTOR shall not use or allow anyone other than CITY employees to use facility equipment, except as designated by the CITY or in an emergency.

J. CONTRACTOR shall protect all surfaces, coverings, materials, and finished Work from damage. Mobile equipment shall be provided with pneumatic tires. Any trees, plants, grass, or turf damaged by the CONTRACTOR shall be replaced at the CONTRACTOR’S expense.

K. CONTRACTOR shall not permit the use of portable and/or fixed radios or other types of sound producing devices including Walkmans and similar devices

3.02 PROPERTY INVENTORY

A. Property, CITY intends to remove; will be removed by CITY before a space is vacated for the Work. Before performing Work in the space, the CITY and CONTRACTOR shall prepare a detailed initial written inventory of CITY property remaining within, including equipment and the condition thereof. CITY and CONTRACTOR shall retain a signed copy of the inventory dated and signed by both parties. Prior to subsequent CITY occupancy of the space, CITY and CONTRACTOR shall perform a final inventory of CITY property and all discrepancies between the initial inventory and final inventory shall be the responsibility of CONTRACTOR.

END OF SECTION 00 11 00

CUTTING
01 14 50 - 1

SECTION 01 1450 - CUTTING
PART 1 - GENERAL

1.1 SECTION INCLUDES
A. This Section specifies administrative and procedural requirements for cutting and patching.

PART 2 - PRODUCTS (Not applicable)
PART 3 - EXECUTION
A. Cutting and Patching Proposal: Contractor shall submit a proposal describing procedures well in advance of the time cutting will be performed if the Contract Documents requires approval of these procedures before proceeding. Include the following information, as applicable, in the proposal:

1. Indicate dates when cutting and patching will be performed.

2. Review by CITY prior to proceeding with cutting does not waive CITY’S right to later require complete removal and replacement of defective Work.

3.1 QUALITY ASSURANCE
A. Requirements for structural Work: Do not cut structural elements in a manner that would change their load-carrying capacity or load-deflection ratio.

B. Operational Limitations: Do not cut operating elements or related components in a manner that would result in reducing their capacity to perform as intended. Do not cut operating elements or related components in a manner that would result in increased maintenance or decreased operational life or safety.

3.2 PREPARATION
A. Temporary support: Provide adequate temporary support of existing improvements or work to be cut.

B. Protection: Protect existing improvements and Work during cutting to prevent damage. Provide protection from adverse weather conditions for portions of existing improvements or Work that might be exposed during cutting and patching operations.

C. Avoid interference with operation of adjoining areas or interruption of free passage to adjoining areas.

3.3 PERFORMANCE
A. General: Employ skilled workmen to perform cutting. Proceed with cutting at the earliest feasible time and complete without delay. Verify compatibility and suitability of existing substrates before starting the Work.

CUTTING
01 14 50 - 2

B. Cutting: Cut existing construction using methods least likely to damage elements retained or adjoining Work. Where possible, review proposed procedures with the original installer; comply with the original installer's recommendations.

1. In general, where cutting, provide hand or small power tools designed for sawing or grinding, not hammering and chopping. Cut holes and slots as small as possible, neatly to size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use.

3.4 CLEANING
A. Clean areas and spaces where cutting are performed. Restore damaged coverings to their original condition.

END OF SECTION 01 0450

PROJECT MEETINGS
01 20 00 -1

SECTION 01 2000- PROJECT MEETINGS

Part 1 - GENERAL

1.1 SECTION INCLUDES

A. This Section specifies administrative and procedural requirements for Project meetings, including but not limited to, the following:

1. Pre-construction conferences.

2. Pre-installation conferences.

3. Weekly Progress meetings.

4. Meetings as required by the City.

1.2 RELATED SECTIONS
A. Section 01 30 00: Submittals

PART 2 - PRODUCTS (Not applicable)

PART 3 - EXECUTION

3.1 PRE-CONSTRUCTION CONFERENCE

A. The Pre-construction conference shall take place no more than 10 days after the Notice of Award in accordance with General Condition s. The CITY’S Representative will schedule a preconstruction meeting before starting the Work, at a time and date determined by the CITY. Meeting shall be held at the Project site or another location as determined by CITY’s Representative. Meeting will be held in order to review responsibilities, procedures, and other administrative requirements contained within the Contract Documents.

B. CITY, Contractor, all major subcontractors, and other interested parties shall attend the meeting. All participants at the meeting shall be familiar with the Project and authorized to conclude matters relating to the Work.

C. Agenda items shall include significant items which could affect progress of the Work, including, but not limited to the following:

1. Introduction and Identification of CITY’s Representative, Inspector, CITY’s consultants, Contractor, Contractor's major subcontractors.

2. Construction schedule and updating frequency (establish schedule for progress meetings)

3. Critical work sequencing

4. Designation of responsible personnel: persons authorized to represent and sign documents for the CITY, Contractor, and major subcontractors, with examples of official signature of each. (list names, addresses and telephone numbers of those persons authorized to act for the Contractor in emergencies, include a 24-hour cell or phone number)

PROJECT MEETINGS
01 20 00 -2

5. Modification Procedures and forms (i.e., RFI, Bulletins, etc.)

6. Contractor reports and frequency i.e., Daily site report, RFI log, Submittal log, Construction photograph log, etc.

7. Procedures and forms for processing Applications for Payment, including handling of retention, payments, withholding payments, rejection of and/or modification of payment request, etc.

8. Layout and Inspections.

9. Submittal schedule of Shop Drawings, Product Data, Material Lists, Samples. etc.

10. Procedures and maintenance of project record documents.

11. Use of the Project site and/or premises: Contractors use of premises including location construction , and storage areas, equipment deliveries, parking availability/areas, and routes for construction traffic.

12. CITY’s site usage, etc.

13. Safety and first aid procedures including designation of Contractors safety officer.

Review safety program.

14. Security procedures

15. Housekeeping, project site cleanup procedures

16. Normal working hours

D. CITY's Representative shall prepare and issue meeting minutes to attendees and interested parties. Response to meeting minutes are due to CITY's Representative no later than two (2) calendar days after the meeting date.

3.2 PRE-INSTALLATION CONFERENCES

A. Contractor shall coordinate and conduct pre-installation conferences at the Project site as required by related Sections of the Contract Documents.

B. Contractor, manufacturers, and fabricators involved in or affected by the installation and its coordination or integration with other pre -ceding and/or subsequent installations of Work shall attend the meeting. Contractor shall advise Inspector, and CITY of scheduled meeting dates in order to secure their attendance.

1. Contractor shall review the progress of ongoing construction activities and preparations for the particular activity under consideration at each pre -installation conference, including but not limited to requirements for the following:
a. Contract Documents
b. Options
c. Related Construction Directives and Change Orders
d. Purchases
e. Deliveries
f. Shop Drawings, Product Data, and quality-control samples g. Review of mockups

PROJECT MEETINGS
01 20 00 -3

h. Possible conflicts
i. Compatibility problems
j. Time schedules
k. Weather limitations
I. Manufacturer's recommendations
m. Warranty requirements
n. Compatibility of materials
o. Acceptability of substrates
p. Temporary facility requirements.
q. Space and access limitations
r. Governing regulations
s. Safety
t. Inspection
u. Required performance results
v. Recording requirements
w. Protection

C. Contractor shall log significant discussions and directives received from each conference. Contractor shall, within three (3) calendar days after the meeting date, distribute the minutes of the meeting to all concerned parties, including but not limited to the CITY and Inspector.

3.3 PROGRESS MEETINGS

A. Progress meetings will be held at the Project site at regular weekly intervals, or as determined by the CITY.

B. In addition to representatives of Contracto r and the Inspector, each Subcontractor, supplier, or other entity concerned with current progress or involved in planning, coordination, or performance of the Work shall, if requested by CITY's Representative, be represented at these meetings. All participants at the conference shall be familiar with the Project and authorized to conclude all matters relating to the Work.

C. Failure of the Contractor to be so represented at any progress meeting which is held at a mutually agreed time or for which a written notice is given, shall not relieve Contractor from abiding by any and all CITY determinations or directives issued at such meeting.

D. CITY's Representative will review and correct or approve minutes of the previous progress meeting and will review other significant items affecting progress. Topics for discussion as appropriate to the status of the Project include but are not limited to:

1. Interface requirements

2. Construction Schedule

3. Sequence and coordination

PROJECT MEETINGS
01 20 00 -4

4. Status of submittals / RFl's

5. Deliveries

6. Off-site fabrication

7. Access

8. Site utilization

9. Temporary Construction Facilities and Controls

10. Hours of work

11. Hazards and risks

12. Housekeeping

13. Quality and workmanship

14. Unforeseen conditions

15. Inspection

16. Defective Work

17. Construction Directive

18. Request for Proposal

19. Change Order Proposals and Change Orders

20. Documentation of information for payment requests

21. Application for Payment

22. Other items as required or as brought forth.

E. No later than five (5) calendar days after each progress meeting, CITY's Representative will prepare and distribute minutes of the meeting to each present and absent party.

Include a brief summary, in narrative form, of progress, decisions, directives, actions taken, and all other issues since the previous meeting and report.

3.4 ADDITIONAL MEETINGS

A. CITY's Representative, upon giving notice to the intended parties and without further obligation, may require additional meetings to discuss Work and/or Project related activities.

END OF SECTION 01 2000

SUBMITTALS
01 30 00 -1

SECTION 01 3000 - SUBMITTALS

Part 1 – GENERAL

1.1 SECTION INCLUDES

A. Procedures for submitting to the CITY, schedules, shop drawings, product data, samples, material lists, manuals, warranties and certificates, etc., required by individual Specification Section and procedures for submitting finish hardware schedule and segregation of contract costs to the City.

B. Wherever possible, throughout the Contract Documents, the minimum acceptable quality of workmanship and materials has been defined by the name and catalog number of a manufacturer and by reference of recognized industry standards.

C. To ensure that specified products are furnished and installed in accordance with the design intent, procedures have been established for advance submittal of design data and for its review by the CITY.

1.2 RELATED SECTIONS
A. The General Conditions and Division 1 are part of this Section and the Contract for this Work and apply to this Section as if repeated fully herein.

B. Other Sections requiring submittals.

1.3 PROCEDURES
A. Contractor shall secure and submit Shop drawings, manufacturer's catalogs, samples, warranties, operating and instruction manuals, etc. to the CITY for review and approval.

B. After the CITY has date-stamped, signed and reviewed submittals, with corrections noted, if any, the CITY will transmit submittals to Contractor.

1.4 SUBMITTALS
A. Approval of Submittals: Contractor shall clearly identify any deviations from the Contract Drawings and Specifications on submittals. Prior approval of any deviation by the CITY is required. Any deviation without said prior approval, even though stamped approved, is not acceptable.

1. Approval stamp is for design and quality only. No deviations. No quantities.

B. Deliver submittals to the CITY's Representative. Identify project name and address, telephone number of Contractor, subcontractor and supplier. Identify, as appropriate, pertinent drawing sheets, detail numbers and Specification Section numbers. Clearly identify any deviations from Contract Documents.

C. Make submittals in accordance with the approved Construction Schedule, and approved Shop Drawing Submission Schedule, in sequence that avoids delaying work and progress of other Contractors.

SUBMITTALS
01 30 00 -2

D. CONTRACTOR SHALL THOROUGHLY REVIEW SUBMITTALS PRIOR TO SUBMISSION TO THE CITY.

E. Timing of Submittals:

1. In accordance with General Conditions, Contractor shall submit to CITY's Representative those Shop Drawings, Product Data, diagrams, materials lists, Samples and other submittals required by the Contract Documents.

2. The Contractor shall submit within ten (10) Days of the Award of Contract, a n itemized listing of required submittals with a scheduled date for each submittal. The schedule of submittals shall provide adequate time between submittals in order to allow for proper review without negative impact to the Construction Schedule.

3. Schedule of submittals shall be related to Work progress, and shall be so organized as to allow sufficient time for transmitting, reviewing, corrections, resubmission, and re-reviewing.

4. Contractor shall coordinate submittal of related items and CITY's Representative reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received by CITY.

5. Contractor shall revise, update and submit submittal schedule to CITY's Representative on the first of each month, or as required by the CITY.

6. Contractor shall allow in the Construction Schedule, at least twenty (20) working days for CITY's Representative review following CITY's Representative receipt of submittal. For any instances where mechanical, plumbing, electrical, and other submittals require joint review with CITY, and/or others, Contractor shall also allow a minimum of twenty (20) days following CITY's Representative receipt of submittal.

7. No adjustments to the Contract Time and/or Milestones will be authorized because of a failure to transmit submittals to CITY's Representative sufficiently in advance of the Work to permit review and processing.

F. In case of product substitution, Shop Drawing preparation shall not commence until such time CITY's Representative reviews said submittal relative to the General Conditions.

Each submittal shall be accompanied by a letter of transmittal containing a complete itemized and numbered list of submitted materials. Separate letters of transmittal shall accompany each submittal from different subcontractors.

G. Resubmission: If requested, resubmit submittals in a timely manner. Resubmit as specified for initial submittal but identify as such. Indicate any changes which have been made other than those requested by the CITY.

1.5 SHOP DRAWINGS
A. Shop Drawings are original drawings prepared by Contractor, subcontractor, supplier, or distributor which illustrate some portion of work by showing fabrication, layout, setting, or erection details.

SUBMITTALS
01 30 00 -3

B. Draw shop drawings to an accurate scale that is large enough to indicate all pertinent features and methods.

1.6 PRODUCT DATA
A. Manufacturer's Standard Schematic Drawings:

1. Delete information which is not applicable to Projects.

2. Supplement standard Drawings to provide additional information applicable to Project.

B. Manufacturer’s catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, and other standard descriptive data:

1. Clearly mark each copy to identify pertinent materials, products, or models.

2. Indicate dimensions and clearances required.

3. Indicate performance characteristics and capacities.

4. Indicate wiring diagrams and controls.

1.7 SAMPLES
A. Samples

1. Submit samples of sufficient size to compare to existing for fit and quantity to clearly illustrate:
a. Functional characteristics of product or material, with integral parts attachment devices.
b. Full range of colors, textures, and patterns.

2. Provide permanent identification for each sample.

3. Color and Pattern: Whenever a choice of color or pattern is available in a specified product, submit accurate color chips and pattern charts to the Engineer for review and selection.

4. Number required: Submit 2 of each.

B. Field Samples: When specified, erect field samples and mock -ups at project site to illustrate materials, equipment, or workmanship and to establish standards by which completed work shall be judged.

C. After return of office samples or review of field samples, these items may be used in construction of project with approval of the Engineer.

SUBMITTALS
01 30 00 -4

1.8 MANUALS
A. Where Manuals are required to be submitted covering items included in Work, prepare Manual PDFs to provide the following information:

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

2. Immediate information as to location in Manual of data or equipment involved.

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

4. Complete nomenclature of replaceable parts, their part numbers.

5. Copy of all Guarantees and Warranties issued.

6. Copy of approved Shop Drawings with data concerning changes made during construction.

B. Extraneous Data: Where contents of Manuals include manufacturers' catalog pages, clearly indicate precise items included in this installation and delete, or otherwise clearly indicate, manufacturers' data which is not part of this installation.

1.9 CERTIFICATES
A. A. Submit in accordance with requirements of each Specification Section.

PART 2 - PRODUCTS - NOT USED

PART 3 - EXECUTION - NOT USED

END OF SECTION 01 30 00

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
01 50 00 -1

SECTION 015000 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS

PART 1 - GENERAL

1.1 SECTION INCLUDES
A. Description of temporary utilities and protection of construction facilities which are to be provided and maintained by Contractor.

1.2 RELATED SECTIONS
A. General Conditions

1.3 TEMPORARY UTILITIES
A. Water:

1. Water used on work will be furnished and paid for by the Contractor. Contractor shall attain necessary temporary water meter permit and City approval from distribution point to points on site where water is necessary to carry on work, and upon completion of work shall remove.

2. Provide suitable drainage system, subject to approval of the CITY, to carry construction wastewater from site to an approved disposal location.

B. Electricity:

Where Electricity is needed by the Contractor, the Contractor will:

1. Furnish and pay for electrical power necessary for construction purposes at site.

The Contractor shall meter and pay for electrical utilities that are from sources installed temporarily for the project. Contractor shall provide necessary temporary wiring and lighting and shall remove all temporary wiring and lighting at the completion of the Work. Temporary wiring and lighting shall comply with requirements of the National Electrical Code. Contractor shall be responsible for all damage caused by overloading or other causes and the installation shall be satisfactory to the CITY.

2. Furnish and install area distribution boxes, so located that individual trades may use 100' -0" maximum length extension cords to obtain adequate power and artificial lighting, at points where required for work, for inspection and for safety.

3. Provide electricity needed for construction including connections for construction equipment requiring power.

C. Gas:

If approved by City, Contractor shall provide and install gas equipment, gas meters and piping necessary to perform his work, and shall remove same upon completion of work.

CITY shall pay for only the gas used in work which is drawn from existing meter sources.

D. Heating and Ventilation:

1. Provide, maintain, and pay for temporary heat sources needed for proper installation of work and to protect materials and finishes from weather damage .

2. Provide ventilation of enclosed areas to cure materials, to disperse humidity,

CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
01 50 00 -2

and to prevent accumulation of dust, fumes, or gases.

E. Use means necessary to maintain temporary facilities and controls in proper and safe conditions throughout progress of work.

F. Make required connections to existing utility systems with minimum disruption to services in existing utility systems. When disruption of existing service is required, do not proceed without the CITY's approval and, when required by the City , provide alternate temporary service.

1.4 CONTRACTOR'S FACILITIES
A. Temporary Offices:

1. Trailer(s), equipment and furniture shall remain Contractor's property. Contractor shall remove such property upon completion of work.

2. Temporary chain link fencing shall be free from barbs, icicles or other projections resulting from galvanizing process. Fence mesh and fabric having such defects will be rejected even though it has been erected.

3. Temporary gates shall be fabricated of steel pipe with welded corners, and bracing as required. Mesh to be attached to frame at 12" centers, unless otherwise noted on project plans . Provide all gate hardware of a strength and quality to perform satisfactorily until completion of work.

4. At completion of work, remove temporary fence and concrete post footings from site. Existing surface s or pavements damaged, cut into , or removed shall be patched and sealed to match surrounding areas.

B. Other Enclosures:

1. Provide lockable, temporary weather-tight enclosures at openings in exterior walls to create acceptable working conditions and for security.

2. Provide protective barriers around trees, plants, and other improvements designated to remain.

C. Staging Areas:

1. Contractor shall fence and maintain staging area in an orderly manner.

2. Exact location, size and access of staging areas shall be approved by CITY.

3. Reduce staging area as rapidly as progress of work will permit.

D. Contractor's Parking: Contractor is responsible for parking in locations approved by the CITY.

1.5 GENERAL ITEMS
A. Staging areas for delivery of materials and equipment will be at locations designated by the CITY.

PART 2 - PRODUCTS - NOT USED

PART 3 - EXECUTION - NOT USED

END OF SECTION 01 5000

SUBSTITUTIONS
01 63 00 -1

SECTION 01 6300 - SUBSTITUTIONS

PART 1 - GENERAL

1.1 SUMMARY
A. Section Includes: Procedures for submittal of requests for substitution for materials.

B. Related Documents: General Conditions and Division 1 are a part of this Section and the Contract for this Work and apply to this Section as if repeated fully herein.

1.2 GENERAL REQUIREMENTS
A. Submit a written request for proposed substitutions to the CITY's Representative according to the General Conditions.

B. Where materials or items of manufacturer are specified in groups and are made or furnished by one manufacturer, no substitution will be considered that is not made or furnished similarly by one manufacturer. Where the Contractor proposes to use a system of equipment other than that specified or detailed on the Drawings the substitution shall be proposed as a complete system.

1.3 REQUIREMENTS FOR SUBMITTING SUBSTITUTIONS:

A. Changes to approved drawings and specifications shall be made by Addenda , Field Directives, or Construction Change Directive and approved by the CITY. Prior to fabrication and installation.

1. Construction Change Directives must be signed by all of the following:
a. CITY
b. Structural Engineer (where applicable)
c. Designated Design Professional (where applicable)

B. Submit written request for each proposed substitution on form shown at the end of this Section. Provide data substantiating request as well as a " Certificate of Suitability" certifying that the proposed substitution is equal or better in all respects to that specified and that it will, in all respects perform the function for which it is intended. Include with request all required samples.

C. Submit complete information to the CITY's Representative so that proper evaluation can be made. The burden of proof of equality of the substituted item shall be on the Contractor. Acceptance of such substitutions is entirely at the discretion of the CITY. All materials or items of manufacturer, which the Contractor proposes to substitute for those specified, must be accepted by the CITY's Representative before they may be ordered.

D. The CITY's Representative will issue to the Contractor a list setting forth those items for which substitutions are accepted. No substitution will be accepted for any materials or item of manufacture called for in the Contract Documents which is not of equal quality and utility

SUBSTITUTIONS
01 63 00 -2

and which does not possess equal design or color characteristics to those of the specified material or item.

E. If, in the opinion of the CITY, the proposed substitution is not equal or better in every respect to that so indicated or specified, or was not submitted for acceptance in the manner outlined above, the Contractor shall furnish the specified materials.

F. It shall be the responsibility of the Contractor, in proposing a substitution for any item herein specified, to inform all other trades, vendors, and subcontractors of effects said substitution will have upon their construction activities or products. Fail ure to so notify shall require that the Contractor make all payments arising from alterations in specified materials or methods necessary to complete the Work in an approved and acceptable manner.

PART 2 - PRODUCTS (Not Applicable)

PART 3 - EXECUTION (Not Applicable)

END OF SECTION 01 6300

SUBSTITUTIONS
01 63 00 -3

SUBSTITUTION REQUEST FORM

Project Name

Item
To: __________________ From: __________________

CITY’s Representative General Contractor

We hereby submit for your consideration the following product comparisons of the specified item and the proposed substitution:

A. Comparison Specified Item Substitution

1. Product Name/Model

2. Manufacturer
Address
Phone Number

3. Product Cost
Installation/Labor Cost

4. Delivery Time
Installation Time

5. Product Characteristics

6. Dimensions
Effects

7. Guarantee/Warranty

8. ICC-ES No.

9. UL Rating

B. Substantiating Data:

Attach manufacturer's literature for both specified item and substitution.

C. Samples:

SUBSTITUTIONS
01 63 00 -4

Provide samples for both specified item and substitution, at CITY’S request.

D. Similar Projects

1. Name

Address

2. Name

Address

Date

Date
E. What Effect does this substitution have on applicable code requirements?

F. Change Data:

Attach complete information as to whether the proposed substitution:
1) Is equal in quality/service/ability to the Specified Item; 2) Will entail no changes in detail, construction, and scheduling of related work; 3) Will be acceptable in consideration of the required design and artistic effect; 4) Will provide no cost disadvantage to the CITY;
5) Will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; and
6) Will require no change of the construction schedule.

Submitted by:

Signature Name Title

Firm Date Address

Signatures must be by persons having authority to legally bind his/her firm to the above terms.

Failure to provide legally binding signature will result in retraction of approval.

For use by City Representative and/or City’s Consultant:

Accepted or Not Accepted

CONTRACT CLOSEOUT
01 70 00 -1

SECTION 01 7000 - CONTRACT CLOSEOUT

PART 1 - GENERAL

1.1 SECTION INCLUDES

A. This Section includes administrative and procedural requirements for Contract Closeout, including but not limited to, the following:

1. Inspections.

B. Closeout requirements for specific Work activities are included in the appropriate Sections in Divisions 01 through 16.

1.2 REQUIREMENTS FOR PREPARATORY TO FINAL INSPECTION

A. Remove temporary facilities from the Project site.

B. Thoroughly clean the Project site.

C. Job Record specifications and record drawings shall be completed, signed, and submitted to the CITY's Representative as specified in respective Specification Sections.

D. Submit to the CITY's Representative, the material and equipment maintenance instructions, as specified in the body of the Specification Sections.

E. Submit to the CITY's Representative, all warranties, guarantees, and bonds, as specified in the body of the Specification Sections.

F. When requested, submit certificates indicating payment of all debts and Claims arising from the Work.

G. Deliver all tools which are a permanent part of equipment installed in the Work to the CITY.

H. Deliver all keys (construction and permanent), properly identified, to the CITY.

PART 2 - PRODUCTS (Not applicable)

PART 3 - EXECUTION

3.1 SUBSTANTIAL COMPLETION

A. Inspection Procedures: On receipt of a request for a certificate of Substantial Completion, CITY's Representative will either authorize commencement of inspection or advise

CONTRACT CLOSEOUT
01 70 00 -2

Contractor of unfilled requirements. Inspector, CITY's Representative, and Contractor will inspect the Work . The Inspector and CITY's Representative shall prepare a comprehensive punch list of items to be corrected and completed.

1. Inspector will repeat inspection when requested by the Contractor and assure the Work is complete.

2. Results of the completed inspection will form a partial basis of the requirements for Final Completion.

B. Re-inspection Procedures: Inspector, Contractor, and CITY's Representative will inspect the Work upon notice that the Work, including final inspection list items from earlier inspections, has been completed, except for items whose completion is delayed under circumstances acceptable to CITY's Representative.

1. Upon completion of inspection, CITY'S Representative will recommend Final Completion. If the Work is incomplete, CITY'S Representative will advise Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for Final Completion.

2. If necessary, re-inspection will be repeated, but may be assessed against Contractor if CITY is subject to additional professional service and or additional costs of inspection.

C. After all requirements preparatory to the final inspection have been completed as herein specified in the Specification Sections, the Contractor will notify the CITY's Representative and Inspector to perform the final inspection.

END OF SECTION 01 7000

WARRANTIES AND GUARANTEES
01 74 00 -1

SECTION 01 7400 - WARRANTIES AND GUARANTEES

PART 1 - GENERAL

1.1 SECTION INCLUDES
A. This Section includes administrative and procedural requirements for warranties required by the Contract Documents, including manufacturers and/or installer's standard warranties on products and special product warranties.

B. Refer to General Conditions for terms of the guarantee period for the Work.

1.2 RELATED SECTIONS
A. Section 01 0450: Cutting
B. Section 01 3000: Submittals
C. Section 01 7000: Contract Closeout

PART 2 - PRODUCTS (Not applicable)

PART 3 - EXECUTION

3.1 WARRANTY REQUIREMENTS
A. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties shall not relieve Contractor of the warranty of the Work incorporating such materials, products, and/or equipment. Manufacturer's disclaimers and limitations on warranties do not relieve suppliers, manufacturers, installers, and Subcontractors of the requirement to countersign special warranties with Contractor.

B. Standard warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to CITY.

C. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for CITY.

D. Related Damages and Losses: When correcting failed or defective warranted Work, remove and replace Work that has been damaged as a result of such failure or which must be removed and replaced to provide access for correction of warranted Work.

E. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement with the reinstated warranty equal to the original warranty.

F. Replacement Cost: Upon determination the Work covered by a warranty has failed and/or is defective, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether CITY has benefited from use of the Work through a portion of its anticipated useful service life.

G. CITY Recourse: Expressed warranties made to CITY are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise

WARRANTIES AND GUARANTEES
01 74 00 -2

available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which CITY can enforce such other duties, obligations, rights, or remedies.

H. Rejection of Warranties: CITY reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents.

I. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, CITY reserves the right to refuse to accept the Work until Contractor presents evidence the entities required to countersign such commitments have done so.

3.2 SUBMITTALS
A. Submit written warranties to CITY ‘s Representative prior to Final Completion of the Work. If the certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, submit written warranties as set forth in the certificate of Substantial Completion.

B. When a designated portion of the Work is partially used and/or occupied by CITY, submit properly executed warranties to CITY’S Representative within fifteen (15) days of the Partial Use or Occupancy of the designated portion of the Work.

C. When the Contract Documents require Contractor(s), or Contractor and a Subcontractor, installer, supplier or manufacturer to execute a special warranty, prepare a written document containing appropriate terms and identification, ready for execution by the required parties. Submit a draft to CITY, through the CITY's Representative, for approval fifteen (15) days in advance prior to final execution.

D. Refer to Divisions 02 through 16 for specific content requirements and particular requirements for submitting special warranties.

E. Form of Submittal: Prior to Final Completion of the Work, compile each required warranty properly executed by Contractor, or by Contractor and Subcontractor, installer, supplier, or manufacturer. Organize the warranty documents into an orderly sequence bas ed on the Specifications.

F. Warranties and bonds shall be submitted digitally as PDF documents to the C ITY Representative.

1. The first page shall p rovide a typed description of the product or installation, including the name of the product, and the name, address, and telephone number of the installer.

2. When warranted Work requires operation and maintenance manuals, combine each required warranty, as necessary, for digital inclusion in each required manual.

END OF SECTION 01 7400

CLEANING
01 74 50 -1

SECTION 01 7450- CLEANING

PART 1 - GENERAL

1.1 DESCRIPTION
A. The CONTRACTOR shall be solely responsible for the cleaning of the active Project site.

B. Keep premises, and adjacent private and public properties free from accumulation of waste, materials, sharp or loose objects, debris and rubbish caused by construction process.

C. At completion of Work, remove waste materials, rubbish, tools, equipment, machinery and surplus material, and clean all exposed surfaces. Remove remaining mock -ups and samples.

D. Leave Project clean and ready for occupancy.

1.2 RELATED SECTIONS
A. Section 01 5000: Construction Facilities and Temporary Control.

B. Section 01 7000: Contract Closeout

1.3 SAFETY
A. The CONTRACTOR shall be solely responsible for cleaning and safety.

B. Standards: Maintain Project in accord with Federal, State, Local safety regulations, ordinances, anti-pollution laws and insurance standards.

C. Hazard Control: Maintain Project in accord with Federal, State, Local safety regulations, ordinances, anti-pollution laws and insurance standards.

D. Conduct cleaning and disposal operations to comply with Federal, State, Local safety regulations, ordinances, and anti-pollution laws.

PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION

3.1 DURING CONSTRUCTION
A. The CONTRACTOR is solely responsible for the cleaning of all public and private property affected by the Work.

B. Keep premises, and adjacent private and public properties free from accumulations of waste materials and rubbish. Remove debris and dirt from public property promptly; clean sidewalks, grass areas, parking lot, and adjacent streets daily when soiled by Work performed under this Contract.

C. As often as necessary and/or as required, the CONTRACTOR shall clean site and dispose of waste materials, debris, and rubbish off the site in a legal manner.

Remove all combustible materials in a legal manner.

D. Provide on-site containers for collection of waste materials, debris, and rubbish.

Pick-up and dispose of all garbage daily.

CLEANING
01 74 50 -2

E. Remove waste materials, debris, and rubbish from site and legally dispose of at legal public or private dumping areas or recycling center off CITY'S property.

F. Do not allow debris and combustible materials to accumulate in voids, cavities, and plenums.

G. Do not allow debris to clog drains. Keep all drains clean and free of debris.

H. Handle materials in a controlled manner with as few handling as possible; do not drop or throw materials from heights.

I. Wet down materials and rubbish to avoid dust and prevent it from blowing.

3.2 FINAL CLEANING
A. Complete cleaning operations before requesting inspection for a certificate of Substantial Completion.

B. Employ experienced workers, or professional cleaners, for all final cleaning.

C. Remove labels that are not permanent labels.

D. Clean the site, including landscaped areas, of rubbish litter and other foreign substances.

1. Contaminated earth:
a. Contaminated areas include those used for disposal areas in which washing out of concrete and plaster mixers or washing of tools and like cleaning operations have been performed, and areas that have been oiled, paved, or chemically-treated. The Contractor shall adequately contain and dispose of waste concrete, mortar, plaster, masonry, and similar materials as to not contaminate the area.

2. Sweep paved areas broom clean; remove stains, spills and other foreign deposits.

3. Rake grounds that are neither paved nor planted, to a smooth even-textured surface.

E. The CONTRACTOR is to keep Project clean until it is occupied by CITY.

END OF SECTION 01 7450

OPERATING AND MAINTENANCE MANUALS
01 7800 -1

SECTION 01 7800 - OPERATING AND MAINTENANCE MANUALS

PART 1 - GENERAL

1.1 SUMMARY
A. Principal work in this Section:

1. Compilation of product data and related information appropriate for CITY'S maintenance and operation of products furnished under the Contract.

2. Instructions of CITY'S personnel in the maintenance of products and in the operation of equipment and systems.

B. Related work:

1. Submittals of shop drawings, product data and samples

2. Contract closeout submittals

3. Submittals of warranties

1.2 RELATED SECTIONS
A. Section 01 70 00: Contract Close Out
B. Section 01 74 00: Warranties and Guarantees C. Section 01 78 50: Project Record Documents

1.3 SUBMITTALS
A. Preliminary:

1. Submit digital PDF copies of proposed manual or manuals to the Inspector and City Representative, for review by The CITY seven (7) days prior to request for final inspection, start-up of systems, and/or training, whichever comes first. Allow enough time for corrections and final review.

B. Final

1. Following instruction of operation and maintenance personnel, make all necessary revisions of the manual.

2. Submit approved data in final form at final inspection or acceptance.

3. Distribution of final copies will be to the Inspector and City Representative.

1.4 QUALITY ASSURANCE
A. Preparation of data shall be done by personnel trained and experienced in maintenance and operation of the described products.

1.5 FORMAT
A. Prepare data in the form of an instruction manual for use by CITY'S personnel.

B. For each separate product or each piece of operating equipment provide the following.

1. Brief description of product, and major component parts of equipment.

C. Cover: Identify each volume with title OPERATION AND MAINTENANCE INSTRUCTIONS. List the following:

1. Title of Project.

2. Identity of separate structures as applicable

OPERATING AND MAINTENANCE MANUALS
01 7800 -2

3. A brief and general identification of the subject matter covered in the manual.

OPERATING AND MAINTENANCE INSTRUCTION
Marine Avenue Park
1625 Marine Ave,
Manhattan Beach, CA. 90266

Name of Contractor
General subject of the manual
Space for approval date

1.6 CONTENT OF MANUAL
A. Table of contents:

1. List of each product required to be included.

2. List, with each product, the name, address and telephone number of; a. subcontractor and installer
b. maintenance contractor, as appropriate
c. local source of supply of parts, and replacements.

B. Product data:

1. Include only those sheets which are pertinent to the specific product.

2. Annotate each sheet to clearly identify the data applicable to the installation.

Delete references to inapplicable information.

C. Drawings: Supplement product data with drawings as necessary to illustrate:

1. Relations of components parts of equipment and systems.

2. Project record drawings shall not be used as maintenance drawings.

D. Instructions:

1. Written text as required to supplement product data for the particular installation.

E. Warranties

1. Provide a copy of each warranty, guaranty, bond, and service contract issued.

2. Provide information sheet for CITY'S personnel, giving the following information:
a. Proper procedures in the event of failure or emergency. b. Instances which might affect the validity of warranties, guaranties, or bonds.

1.7 MANUAL FOR MATERIALS AND FINISHES
A. Instructions for care and maintenance including:

1. Manufacturer's recommendation for types of cleaning agents and methods.

2. Cautions against cleaning agents and methods which may be detrimental to the product.

3. Recommended schedule for cleaning and maintenance.

OPERATING AND MAINTENANCE MANUALS
01 7800 -3

1.8 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Content, for each unit of mechanical equipment and system, as appropriate:

1. Description of unit and component parts:
a. Function, normal operating characteristics, and limiting conditions. b. Performance curves, engineering data and tests.
c. Complete nomenclature and commercial number of all replaceable parts.

2. Operating procedures:
a. Start-up, break-in, routine, and normal operating instructions b. Regulation, control, stopping, shut-down, and emergency instructions. c. Summer and winter operating instructions.

3. Maintenance procedures:
a. Routine operations.
b. Guide to "trouble-shooting".
c. Disassembly, repair, and reassembly.
d. Alignment, adjusting, and checking.

4. Servicing and lubrication:
a. Schedule for maintaining equipment.
b. List of manufacturer approved lubricants.

5. Manufacturer's printed operating and maintenance instructions.

6. Description of sequence of operation by control manufacturer.

7. Original manufacturer's parts list, illustrations, assembly drawings and diagrams required for maintenance.
a. Predicted life of parts subject to wear.
b. Items recommended to be stocked as spare parts.

8. Control diagrams by manufacturer on controls as installed in Project.

9. Coordination drawings of color-coded piping diagrams as installed by each subcontractor.

10. List of original manufacturer's spare parts, manufacturer's current prices and recommended quantities to be maintained in storage.

11. Operating procedures.
a. Routine and normal operating instructions.
b. Sequences required.
c. Special operating instructions.

12. Maintenance procedures:
a. Routine operations.
b. Guide to "trouble-shooting".
c. Disassembly, repair, and reassembly.
d. Adjustment and checking.

13. Manufacturer's printed operating and maintenance instructions.

B. Prepare and include additional date when the need for such data becomes apparent during instruction of CITY'S personnel.

1.9 INSTRUCTION OF CITY'S PERSONNEL
A. Prior to final inspection of acceptance, instruct CITY'S designated operating and

OPERATING AND MAINTENANCE MANUALS
01 7800 -4

maintenance personnel in the operation, adjustment and maintenance of all products, equipment, and systems installed in Project.

B. Operating and maintenance manual shall constitute the basis of instruction.

C. Review contents of manual(s) with CITY personnel in full detail to explain all aspects of operations and maintenance.

PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION

END OF SECTION 01 7800

PROJECT RECORD DOCUMENTS
01 7850 -1

SECTION 01 7850 - PROJECT RECORD DOCUMENTS

PART 1 - GENERAL

1.1 SECTION INCLUDES
A. This Section specifies administrative and procedural requirements governing Project Record Documents.

1.2 RELATED SECTIONS
A. Section 011000: Summary of Work
B. Section 01 3000: Submittals
C. Section 01 7000: Contract Closeout
D. Section 01 7400: Warranties and Guarantees
E. Section 01 7800: Operating and Maintenance Manuals

1.3 SUMMARY
A. Maintain one copy of the following at the site.

1. Stamped and Signed Contract Drawings

2. Complete Set of Specifications and Addenda.

3. Reviewed shop drawings.

4. Bulletins, change orders, field change authorization, request of information, and all other modifications to Contract.

5. Approved submittals.

B. File record documents apart from construction documents and maintain in clean, dry, legible condition. Make record documents available for review by Inspector and CITY representatives during regular business hours. The CONTRACTOR will use all means necessary to protect "Project Record Documents" set from deterioration, loss or damage until completion of work.

C. Do not use record documents for construction purpose.

D. Record documents will be subject to a monthly review by the CITY'S representatives prior to approval of each progress payment.

1.4 PAYMENTS
A. The CITY’S representative's approval of current status of "Project record Documents" will be a prerequisite to the CITY'S representative's approval of requests for progress payments and request for final payment B. Final Payment: Prior to submitting request for final payment and final inspection, CONTRACTOR shall submit "Project Record Documents" set to the CITY'S Representative and/or CITY, with transmittal letter, in duplicate, containing date, Project title and number, CONTRACTOR'S name and address, title and number of each record document.

C. CONTRACTOR shall certify that the "Project Record Documents" are complete and accurately reflect all changes or modifications to the original Construction

PROJECT RECORD DOCUMENTS
01 7850 -2

Documents.

D. Transmittal letters shall be signed by the CONTRACTOR or its authorized representative.

1.5 RECORDING
A. Promptly following Contract Award, CONTRACTOR shall produce and retain onsite one complete set of Specifications and Contract Drawings and clearly mark them as "Project Record Documents".

B. CONTACTOR shall keep record documents current.

C. CONTACTOR shall be responsible for maintaining and recording changes on "Project Record Documents".

D. Do not use "Project Record Documents" set for any other purpose except entry of new data and for review by the Inspector and/or CITY. Maintain separate job sets for subcontractors and workers daily use.

E. CONTRACTOR shall record entries and properly dimension deviations on the record drawing within 24 hours after receipt of information of work in affected area.

F. Making entries on "Project Record Documents"

1. Use erasable colored pencils, other than blue or colors not easily seen, not ink or indelible pencil.

2. Clearly describe change by note and by graphic line as required.

3. Date all entries.

4. Call attention to entry by a "cloud" around area or areas affected.

5. In event of overlapping changes, different colors may be used for each entry.

6. RFI submissions shall be referenced on each affected sheet, Drawing and/or Shop Drawing.

1.6 RECORD DRAWINGS
A. Maintain a clean, undamaged set of blue or black line white prints of Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark which Drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross -reference at the corresponding location on the Drawings.

Provide detailed and accurate field dimensions for concealed elements that would be difficult to measure and record at a later date.

1. Dimensions shall be taken to building lines or permanent landmarks.

2. Note details not on original Contract Drawing.

3. Do not permanently conceal any work until required information has been recorded.

B. Prior to Final Completion of the Work, and review of the project record drawings by The CITY, the CONTRACTOR shall prepare a final digital PDF set of project record drawings and electronic CAD files of all Contract Drawing s. Submit final set of documents to CITY.

1. This requirement applies to all disciplines. Identify documents as "RECORD DRAWINGS".

PROJECT RECORD DOCUMENTS
01 7850 -3

1.7 RECORD SPECIFICATIONS
A. Maintain onsite copies of the Specifications, including Addenda. Include with the Specifications other written Contract Documents, such as Change Orders and/or Construction Directives issued during construction.

1. Mark these record documents to show substantial variations in actual Work performed in comparison with the text of the Specifications and modifications.

2. Give particular attention to substitutions and selection of options and information on concealed Work that cannot otherwise be readily discerned later by direct observation.

3. Note related record document information with Product Data.

4. Prior to Final Completion of the Work, submit record Specifications for CITY review, and for CITY'S records.

1.8 RECORD PRODUCT DATA
A. Maintain onsite Product Data submittal s. Note related Change Orders and Construction Directives and mark-up of record drawings and Specifications.

1. Mark these documents to illustrate significant variations in actual Work performed in comparison with information submitted. Include variations in products delivered to the Project site and from the manufacturer's installation instructions and recommendations.

2. Provide detailed and accurate information regarding portions of Work that cannot otherwise be readily discerned later by direct observation. The CONTRACTOR should give particular attention to concealed areas of Work.

3. Prior to Final Completion of the Work, submit complete set of record Product Data for the CITY’s review and CITY records.

1.9 MISCELLANEOUS RECORDS
A. Refer to other Specification sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the Work.

Immediately prior to the date of Final Completion, complete and compile miscellaneous records and place in good order. Identify miscellaneous records properly and bind or file, ready for continued use and reference. Submit for CITY review and for CITY records.

1.10 SUBMITTALS
A. Deliver all "Project Record Documents" to CITY'S representative at completion of Project as specified in Specification Sections.

PART 2 - PRODUCTS (Not Applicable)

PROJECT RECORD DOCUMENTS
01 7850 -4

PART 3 - EXECUTION

END OF SECTION 01 7850

SELECTIVE DEMOLITION
02 0700 -1

SECTION 02 07 00 - SELECTIVE DEMOLITION

PART 1 - GENERAL

1.1 SECTION INCLUDES
A. Related Documents: Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specifications, apply to this section.

B. Related Sections:

1. 01 0450 Cutting
C. Definitions: As follows:

1. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain.

2. Remove and Salvage: Items indicated to be salvaged remain the CITY’s property.

3. Existing to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by the CITY, items may be removed to a suitable, protected storage location during selective demolition and then cleaned and reinstalled in their original locations.

4. Replace: Remove and legally dispose of existing item(s) indicated and install new like item(s) that conform(s) to project specifications.

D. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain CITY’s, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option.

E. Record drawings at Project closeout according to Division 1 Section "Contract Closeout."

1. Identify and accurately locate capped utility, subsurface structural, electrical, or mechanical conditions.

F. Regulatory Requirements: Comply with local governing EPA notification regulations before starting selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction Comply with California Fire Code Article 87.

G. Storage or sale of removed items or materials on-site will not be permitted.

PART 2 - PRODUCTS (Not applicable)

PART 3 - EXECUTION

3.1 GENERAL
A. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities.

B. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities.

C. Conduct demolition operations to prevent injury to people and damage to adjacent buildings, facilities, and site improvements to remain. Ensure safe passage of people around selective demolition area.

D. Use water mist, temporary enclosures, and other suitable methods to limit the spread of dust and dirt. Comply with governing environmental protection regulations.

E. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and

SELECTIVE DEMOLITION
02 0700 -2

areas.

F. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before start of selective demolition.

G. Promptly patch and repair damaged surfaces caused to adjacent construction by selective demolition operations.

H. Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials.

P. Disposal: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site.

1. Do not burn demolished materials.

2. Transport demolished materials off CITY’s property and legally dispose of them.

END OF SECTION 02 0700

CHAIN LINK FENCES AND GATES
32 31 13 -1

SECTION 323113 - CHAIN LINK FENCES AND GATES

PART 1 – GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.2 SUMMARY
A. Section Includes

1. Chain link fences

2. Swing gates

1.3 ACTION SUBMITTALS
A. Product Data: For each type of product

1. Include construction details, material descriptions, dimensions of individual components

2. and profiles, and finishes for the following:
a. Fence and gate posts, rails, and fittings.
b. Chain-link fabric, reinforcements, and attachments.
c. Gates and hardware.

B. Shop Drawings: For each type of fence and gate assembly.

1. Include plans, elevations, sections, details, and attachments to other work.

2. Include accessories, hardware, gate operation, and operational clearances.

1.4 INFORMATIONAL SUBMITTALS
A. Field quality-control reports.

B. Sample Warranty: For special warranty.

1.5 FIELD CONDITIONS
A. Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property layout and existing structures. Verify dimensions by field measurements.

1.6 WARRANTY
A. Special Warranty: Manufacturer agrees to repair or replace components of chain-link fences and gates that fail in materials or workmanship within specified warranty period.

1. Failures include, but are not limited to, the following:
a. Failure to comply with performance requirements.
b. Deterioration of metals, metal finishes, and other materials beyond normal weathering.

2. Warranty Period: Five years from date of Substantial Completion.

PART 2 - PRODUCTS

1.1 PERFORMANCE REQUIREMENTS
A. Gates that are part of the accessible route shall meet all the requirements of accessible door in compliance with CBC Section 11B-404.

B. The levers of lever actuated latches or locks for accessible gates shall be curved with a return to within ½ inch of the gate surfaces to prevent catching on the clothing or persons. California Referenced Standards Code. T-24 Part 12, Section 12-10-202,

CHAIN LINK FENCES AND GATES
32 31 13 -2

item (F).

C. Swing doors and gate surfaces within 10 inches of the finish floor or ground shall have a smooth surface on the push side extending the full width of the door or gate. Parts creating horizontal or vertical joints in these surfaces shall be within 1/16 inch of the same plane as the other and be free of sharp or abrasive edges. Cavities created by added kick plates shall be capped. CBC Section 11B-404.2.10.

D. Structural Performance: Chain -link fence and gate frameworks shall withstand the design wind loads and stresses for fence height(s) and under exposure conditions indicated according to ASCE/SEI 7.

1.2 CHAIN-LINK FENCE FABRIC
A. General: Provide fabric in one -piece heights measured between top and bottom of outer edge of selvage knuckle or twist according to " Chainlink Fence Manufacturers Institute (CLFMI) Product Manual" and requirements indicated below:

1. Fabric Height: As indicated on Drawings.

2. Steel Wire for Fabric: As indicated on drawings.
a. Zinc-Coated Fabric: ASTM A392, Type II, Class 2, 2.0 oz./sq. ft. with zinc coating applied after weaving.

1.3 FENCE FRAMEWORK
A. Posts and Rails: ASTM F1043 for framework, including rails, braces, and line; terminal; and corner posts. Provide members with minimum dimensions and wall thickness according to ASTM F1043 or ASTM F1083 based on the following:

1. Heavy-Industrial-Strength Material: Group IA, round steel pipe, Schedule 40. a. Line Post: size per drawings.
b. End, Corner, and Pull Posts: size per drawings.

2. Horizontal Framework Members: Intermediate, top and bottom rails according to ASTM F1043.

3. Brace Rails: ASTM F1043.

4. Metallic Coating for Steel Framework:
a. Type A: Not less than minimum 2.0-oz./sq. ft. average zinc coating according to ASTM A123/A123M or 4.0 -oz/sq. ft zinc coating according to ASTM A653/A653M.

1.4 TENSION WIRE
A. Metallic-Coated Steel Wire: 0.177-inch-diameter, marcelled tension wire according to ASTM A817 or ASTM A824, with the following metallic coating:

1. Type II: Zinc coated (galvanized) by hot-dip process, with the following minimum coating weight:
a. Matching chain-link fabric coating weight.

1.5 SWING GATES
A. General: ASTM F900 for gate posts and single and double swing gate types.

1. Gate Leaf Width: As indicated.

2. Framework Member Sizes and Strength: Based on gate fabric height as indicated.

B. Pipe and Tubing:

1. Zinc-Coated Steel: ASTM F1043 and ASTM F1083; protective coating and finish to match fence framework.

C. Frame Corner Construction: Welded or assembled with corner fittings.

D. Hardware: As indicated on drawings.

CHAIN LINK FENCES AND GATES
32 31 13 -3

1.6 FITTINGS
A. Provide fittings according to ASTM F626.

B. Post Caps: Provide for each post.

C. Rail and Brace Ends: For each gate, corner, pull, and end post.

D. Rail Fittings: Provide the following:

1. Top Rail Sleeves: Pressed-steel or round-steel tubing not less than 6 inches long.

2. Rail Clamps: Line and corner boulevard clamps for connecting intermediate and bottom rails to posts.

E. Tension and Brace Bands: Pressed steel.

F. Tension Bars: Steel, length not less than 2 inches shorter than full height of chain-link fabric. Provide one bar for each gate and end post, and two for each corner and pull post, unless fabric is integrally woven into post.

G. Truss Rod Assemblies: Steel, hot-dip galvanized after threading rod and turnbuckle or other means of adjustment.

H. Tie Wires, Clips, and Fasteners: According to ASTM F626.

1. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames, according to the following:
a. Hot-Dip Galvanized Steel: 0.148-inch-diameter wire; galvanized coating thickness matching coating thickness of chain-link fence fabric.

I. Finish:

1. Metallic Coating for Pressed Steel or Cast Iron: Not less than 1.2 oz./sq. ft. of zinc.

1.7 GROUT AND ANCHORING CEMENT
A. Nonshrink, Nonmetallic Grout: Factory -packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C1107/C1107M. Provide grout, recommended in writing by manufacturer, for exterior applications.

B. Anchoring Cement: Factory -packaged, nonshrink, nonstaining, hydraulic -controlled expansion cement formulation for mixing with water at Project site to create pourable anchoring, patching, and grouting compound. Provide formulation that is resistant to erosion from water exposure without needing protection by a sealer or waterproof coating, and that is recommended in writing by manufacturer for exterior applications.

PART 3 - EXECUTION

3.1 EXAMINATION
A. Examine areas and conditions, with Installer present, for compliance with requirements for selective demolition, fence work, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

C. Install chain-link fencing according to ASTM F567 and more stringent requirements specified.

D. Post Cutting: Cut posts to heights indicated in construction drawings.

E. Post Setting: Set sleeve posts.

1. Verify that posts are set plumb, aligned, and at correct height.

2. Grout: Grout spacing between new and existing posts and vibrate or tamp for consolidation. Protect posts from splatter.
a. Fill annular space between post and sleeve with nonshrink, nonmetallic grout or anchoring cement, mixed and placed according to anchoring material manufacturer's written instructions. Finish anchorage joint to slope

CHAIN LINK FENCES AND GATES
32 31 13 -4

away from post to drain water.

F. Post Bracing and Intermediate Rails: Install according to ASTM F567, maintaining plumb position and alignment of fence posts. Diagonally brace terminal posts to adjacent line posts with truss rods and turnbuckles. Install braces at end and gate posts and at both sides of corner and pull posts.

1. Locate horizontal braces at mid-height of fabric 72 inches or higher, on fences with top rail, and at two -third fabric height on fences without top rail. Install so posts are plumb when diagonal rod is under proper tension.

G. Tension Wire: Install according to ASTM F567, maintaining plumb position and alignment of fence posts. Pull wire taut, without sags. Fasten fabric to tension wire with

0.120-inch-diameter hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches o.c. Install tension wire in locations indicated before stretching fabric.

H. Top, Intermediate and Bottom Rails: Secure to posts with fittings.

I. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 2-inch bottom clearance between finish grade or surface and bottom selvage unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released.

J. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts, with tension bands spaced not more than 15 inches o.c.

K. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at one end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric according to ASTM F626. Bend ends of wire to minimize hazard to individuals and clothing.

1. Maximum Spacing: Tie fabric to line posts at 12 inches o.c. and to braces at 24 inches o.c.

L. Fasteners: Install nuts for tension bands and carriage bolts on the side of fence opposite the fabric side.

3.2 GATE INSTALLATION
A. Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper- resistant or concealed means. Adjust hardware for smooth operation.

3.3 ADJUSTING
A. Gates: Adjust gates to operate smoothly, easily, and quietly, free of binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding.

B. Lubricate hardware and other moving parts.

END OF SECTION 32 3113

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 7-3 of the General Provisions in addition to a Conditional Waiver and Release form per Section 7-3.2.1

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 working 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

12100-0001\2654178v1.doc
City of MB Form
Appendix III-2

12100-0001\2654178v1.doc
City of MB Form
Appendix III-3

Manhattan Beach City CouncilJuly 21, 2026

Manhattan Beach City Council
July 21, 2026