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Resolution No. 7738
j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7738 A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF VERNON ACCEPTING THE BID OF ALL AMERICAN ASPHALT FOR VERNON AVENUE RESURFACING IN ACCORDANCE WITH CONTRACT NO. 560 OF THE CITY OF VERNON AND APPROVING THE EXECUTION OF SAID CONTRACT e WHEREAS, Contract No. 560 of the City of Vernon was approved by the City Council of the City of Vernon pursuant to Resolution No. 7722, and sealed bids were opened on March 20, 2001; and WHEREAS, said bids were referred to Samuel Kevin Wilson, Director of Community Services & Water, who has reported to the City Council under the date of March 20, 2001, recommending that Contract No. 560 for Vernon Avenue Resurfacing be executed with All American Asphalt on the basis of its bid in', the sum of one hundred three thousand thirty-six dollars ($103,036.00), being the lowest responsible bid meeting the contract requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon does hereby award Contract No. 560 to All American Asphalt, in accordance with the recommendation of Samuel Kevin Wilson, Director of Community Services & Water, and authorizes the Mayor and City Clerk to execute said Contract on behalf of the City. SECTION 3,: All other bids are rejected subject to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 execution of the contract and the City Treasurer is hereby directed to return unsuccessful bidders any cashier or certified checks deposited with said bids upon the receipt of an executed contract from All American Asphalt accompanied by all required bonds and certificates. SECTION 4: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 215t day of March, 2001. EONIS C. MALBURG Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk -2- 1 STATE OF CALIFORNIA ) )ss 2 COUNTY OF LOS ANGELES ) 3 I BRUCE V. MALKENHORST, City Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 Resolution No. 7738, was duly adopted by the City Council of the 6 City of Vernon at a regular meeting of the City Council duly 7 held on Wednesday, March 21, 2001 and thereafter duly signed by 8 the Mayor of the City of Vernon. 9 10 �f d 11 BRUCE V. MALKENHORST, City Clerk 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- SUPPORTING DOCUMENTS OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK INTER -OFFICE MEMORANDUM DATE: March 28, 2001 TO: Samuel Kevin Wilson Director of Community Services and Water FROM: Gloria OrosAo hief Deputy City Clerk RE: Resolution No. 7738 Transmitted herewith is Resolution No. 7738 approved and adopted by City Council at their meeting held March 21, 2001. BVM:ng cc: Resolution No. 7738 m ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES 400 E. Sixth Street, P.O. BOX 2229, CORONA, CA 92878-2229 STATE CONTRACTORS LICENSE #267073-A June 1, 2001 City of Vernon Attn: Samuel Kevin Wilson, P.E. 4305 Santa Fe Avenue Vernon, Ca. 90058 SUBJECT: --Vernon Avenue R Contract No. 560 City of Vernon _ Dear Samuel, RECFIV;—=D JUN - 5 2001 ommunity Services Enclosed are three fully executed Contract Agreements, three fully executed Faithful Performance Bonds and three filly executed Labor and Material Bonds on the above mentioned project. I have also enclosed a copy of the Certificate of Insurance: which the originals will be mailed to you under separate cover. If you should have any questions or require any additional information please feel free to contact myself or Dave Reynolds at your earliest convenience. Sincerely, Dennis Jones, Public Works Administrator Enclosures: Contract Agreement (3), Faithful Performance and Payment Bonds (3), Insurance Certificate (1 copy) TELEPHONE: 909-736-7600 • FAX: 909-739-4671 C I T Y O F V E R N O N C O M M U N I T Y S E R V I C E S D E P A R T M E N T VERNON AVENUE RESURFACING CONTRACT # 5 60 CITY OF VERNON 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 TABLE OF CONTENTS Page 40 A. NOTICE INVITING SEALED PROPOSALS ........................... A-1 B. INFORMATION FOR BIDDERS 1. General ........ ....................... ... ... B-1 2. Contract Documents .................................... B-1 3. License .................---...... ............. B-1 4. Proposals .......................................... B-1 5. Agreement and Bonds .................................... B-3 6. Addenda or Bulletins ................................ B-3 7. Withdrawal of Bid ..................................... B-3 8. Award or Rejection of Bids ............................ B-3 9. Bidders Interested in More Than One Bid ............... B-4 10. Other Requirements .................................... B-4 11. Preliminary Estimate .................................. B-4 12. Alternate Materials ................................... B-4 13. Tour of the Site .............................. ...... B-5 14. Prevailing Wages ...................................... B-5 15. Project Description .................................. B-6 16. Project Map ... ..................... .... ........ B-7 C. BID PROPOSAL TO THE CITY OF VERNON 1. Proposal .......................................... C-1 2. Bid Prices .......................................... C-2 3. Materials .......................................... C-4 4. Subcontractors ........................................ C-5 5. Deposit of Security........... ........................ C-6 6. Bonds .......................................... C-6 7. Withdrawal .......................................... C-6 8. Principals .......................................... C-6 9. License and Signature ................................. C-7 10. Bidder's Qualification ............................... C-8 D. CONTRACT AGREEMENT Article 1. GENERAL ....................................... D-1 Section 1. Scope of Work ............................ D-1 Section 2. Consideration ............................ D-1 Section 3. Payments ................................. D-1 Section 4. Contract Documents ....................... D-2 Section 5. Compliance with Provisions of Law ........ D-2 Section 6. Costs and Attorneys' Fees ................ D-2 Section 7. Notices .................................. D-3 Section 8. Conflict with Plans and Specifications... D-3 Section Section 9. 10. Assignment ........ Paragraph Headings ....................... D-3 D-3 Section 11. Authority of City's Representative ....... D-3 Page Article 2. WAGES, HOURS AND WORKING CONDITIONS ............ D-3 Section 12. General Prevailing Rate of Per Diem Wages . D-3 Section 13. Hours of Work ............................. D-4 Section 14. Apprentices ............................... D-4 Section 15. Subcontractors ............... ........ . D-4 Section 16. Discrimination ............................ D-5 Section 17. Safety .................................... D-5 Section 18. Character of Workers ...................... D-5 Article 3. INSURANCE, INDEMNIFICATIONS AND BONDS.......... D-5 Section 19. Insurance..................................D-S Section 20. Indemnification ........................... .D-6 Section 21. Workers' Compensation ..................... D-6 Section 22. Labor and Material Payment Bond ........... D-6 Section 23. Performance Bond.......... ................ D-6 Article 4. PERFORMANCE .................................... D-7 Section 24. Time for Completion ....................... D-7 Section 25. Force Majeure ............................. D-7 Section 26. Utility Relocation ........................ D-7 Section 27. Public Convenience ........................ D-8 Section Section 28. 29. Excavations' ............................... Extra Work D-8 D-9 Section 30. Clean -Up .................................. D-9 Section 31. Materials ................................. D-10 Section 32. Permits and Licenses........... ......... D-10 Section 33. Land and Rights of Way .................... D-11 Section.34. Plans and Working Drawings Furnished by City ................................... D-11 Section 35. Shop Drawings Submitted by the Contractor D-11 Section 36. Supervision by the Contractor ............. D-12 Section 37. Inspection of Work ........................ D-13 Section 38. Correction of Defective and Unauthorized Work ......................... D-13 Section 39. Errors or Discrepancies Noted by Contractor ............................. D-13 Section 40. Equipment ....................... ... ... D-13 • Article 5. MISCELLANEOUS .................................. D-14 Section 41. Damages for Delay ......................... D-14 Section 42. Guarantee ................................. D-15 Section 43. Risk of Loss Prior to Final Acceptance .... D-15 Section 44. Termination ............................... D-16 Section 45. Standard Specifications ................... D-17 ii • • Page BOND FORMS AND INSURANCE REQUIREMENTS ....................... E-1 Workers' Compensation Certificate ........................... E-2 Performance Bond .......................... E-3 Labor and Material Payment Bond ............................. E-5 Contractor's Acknowledgment of Insurance Requirements ....... E-7 Insurance Schedule .......................................... E-8 Proof of Insurance, Approval as to Form ..................... E-9 SampleInsurance Form Letter ................................ E-10 Sample Letter of Credit ........................... ... .... E-11 F. SPECIAL PROVISIONS ......................................... F-1 iii NOTICE INVITING SEALED PROPOSALS (BIDS NOTICE IS HEREBY GIVEN that the City of Vernon, (hereinafter "City") invites and will receive sealed proposals (bids) up to. the hour of two (2) o'clock p.m. on March 20, 2001 for the furnishing to said City of all transportation, equipment, materials, supplies and services necessary for Contract No. 560, Vernon Avenue Resurfacing. Proposals (bids) shall be submitted to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 At said time, proposals will be publicly opened and announced at the offices of the City. Said bids shall conform to and be responsive to the Contract Documents for said work as heretofore ' provided by said Cityand must be accompanied by the security referred to therein. The City Council of the City reserves the right. to reject any and all bids. Copies of the Contract Documents are on file and may be examined in the office of the City located at: Office of Community Services 4305 Santa Fe Avenue Vernon, CA 90058 Copies may be obtained from said office with a nonrefundable deposit of $15.00 per set. ($25.00 if mailed). Dated at the office of the City Clerk of the City of Vernon, this day of , 2001. BRUCE V. MALKENHORST, CITY CLERK of the City of Vernon, California - A-1 - B. INFORMATION FOR BIDDERS 1. General The work hereunder must be done in strict conformity with the plans and specifications adopted and approved by the City. 2. Contract Documents (a) The Contract Documents shall consist of the following: Notice Inviting Sealed Proposals (Bids) Information for Bidders Proposal or Bid Form Bid Bond Agreement Performance Bond Labor and Material Bond Proof of Insurance Workers' Compensation Certificate Special Provisions Standard Provisions Detailed Plans and Specifications Standard Specifications and Drawings (b) All terms and conditions contained in the Contract Documents shall become a part of the Contract. The City Council of the City • reserves the right to reject any and all bids, and to waive any and all irregularities in any bids. No bidder may withdraw his bid until the City has made a final award to the successful bidder or has rejected all bids. 3. License No bid will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Division III, Chapter 9, of the Business and Professions Code of the State of California. 4. Proposals (a) Bids to receive consideration shall be made in accordance with the following instructions: (1) Bids shall be made upon the form of the proposal furnished by the City and a part of the Contract Documents. All bids shall be properly executed and with all items filled in; numbers shall be stated both in writing and in figures; the signatures of all persons signing shall be in longhand. Erasures, interlineations or other corrections shall be authenticated by affixing next to the correction or in the margin immediately adjacent thereto the initial of the signator to the bid. If words and figures do not agree, the words shall govern and the figures shall be disregarded. If the unit price and the total amount named by a bidder for any item are not in agreement, the unit price alone shall be considered as representing - B-1 - the bidder's intention, and the totals shall be corrected to conform thereto. (2) Persons bidding must submit bids on all of the schedules set forth in the bid form. (3) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered except as called for. No oral, telegraphic or telephonic proposals or modifications will be considered. (4) Bids shall be accompanied by cash, a cashier's check, a certified check, or bidder's bond in an amount not less than 10% of the bid, made payable to or for the benefit of (as the case may be) the City of Vernon. Said check or bond shall be given as a guarantee that, if awarded the work, the bidder will enter into a Contract. In case of refusal or failure by the bidder to execute the Contract within fifteen (15) calendar days after he has received notice in writing from the City that the Contract is ready for signature, or in case of refusal or failure .to furnish to the City the required Contract bond and proof of insurance coverage within thirty (30) calendar days after notice of award by the City in writing, the check and the money represented by said check or the bid bond may be deemed forfeited to the City. (b) Before submitting a bid, bidders shall carefully examine the source test protocol, read the specifications, read all other Contract Documents, shall visit the site of the work, shall be fully is informed as to all the existing conditions and limitations, and shall specify in the bid the amounts to cover the cost of all items included in the Contract. No allowance will be made because of lack of such -examination or knowledge. (c) Bids shall be sealed in an envelope marked: Contract No. 560, Vernon Avenue Resurfacing Bids shall be addressed to the City Clerk of the City, and shall be delivered thereto on or before the day and hour for the opening of bids as set in the Notice Inviting Sealed Proposals (Bids), and shall bear the name of the bidder. It is the SOLE responsibility of the bidder to see that the bid is delivered and received in proper time. Any bid received after that scheduled closing time for receipt of bids shall be returned to the bidder unopened. (d) The City shall have a period of sixty, (60) days after the opening of the bids within which to accept or reject the bids. If no bid is accepted within said period, or if the successful bidder executes and delivers the necessary Contract Documents to the City, then the City will return all checks and bonds received by it within ten (10) days after the execution of said Contract or within ten (10) days after being requested to do so by the bidder. - B-2 - 5. Agreement and Bonds (a) The form of Contract which the successful bidder, as the Contractor, will be required to execute is included in the Contract Documents, and should be carefully examined by the bidder. The agreement, bonds and other documents to be executed by the Contractor shall be executed in original triplicates stamped according to law, one of which originals shall be filed with the City, and the others with the applicable City department. (b) The successful bidder, simultaneously with the execution of the agreement, will be required to furnish and maintain (1) a labor and material bond in an amount equal to 1000 of the Contract price and change order price(s) and (2) a faithful performance bond in an amount equal to 100% of the Contract price and change order prices) said bonds shall be secured from a surety company satisfactory to the City whose name is on file with the County Clerk of Los Angeles County as an approved and financially sound surety company authorized to transact business in this state. Said bonds shall meet all of the requirements and contain all of the conditions required by Sections 3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations of the State of California. (c) Failure to execute the Contract and file acceptable bonds and proof of insurance coverage as provided therein within the time set forth herein shall be just cause for the annulment of the award and forfeiture of the bid proposal guarantee. 6. Addenda or Bulletins Any addenda or bulletins issued before the time in which to submit bids expires, or forming a part of the Contract Documents furnished to the bidder for preparation of his bid, shall be covered in the bid and shall be made a part of the Contract. 7. Withdrawal of Bid Any bidder may withdraw his bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids (but not after). 8. Award or Rejection of Bids The Contract will be awarded to the lowest responsible bidder complying with these instructions and with the Notice Inviting Sealed Proposals (Bids). The City, however, reserves the right to reject any and all bids or to waive any informality in bids received.: If in the judgment of the City a bid is unbalanced, or if the bidder is not considered responsible, it shall be considered sufficient grounds for 0 rejection of the entire bid. - B-3 - 9. Bidders Interested in More Than One Bid • No person, firmorcorporation shall be allowed to make or file, or be interested in more than one bid for the same work, unless alternative bids are called for. A person, firm or corporation submitting a subproposal to a bidder, or who has quoted prices on material to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders. 10. Other Requirements (a) Before entering into a Contract, the bidder to whom the Contract has been awarded shall furnish satisfactory evidence that he has secured for the period of this Contract, full workers' compensation insurance and public liability and property damage insurance from a responsible insurance company, approved by the City and authorized to do business in California, and such insurance shall be maintained in full force and effect at his own expense during the life of the Contract. (b) Before award of the furnish a recent statement construction experience or as may be required by the ll.. Preliminary Estimate Contract, any bidder upon request shall of his financial condition and previous such other evidence of his qualifications, City. The preliminary estimate of quantities of work to be done and materials to be furnished are approximately as shown in the Contract Documents, and are given as a basis for the comparison of bids; the City does not expressly or by implication agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work that may be -deemed necessary or expedient by the City. The bidder shall not at any time after the submission of the bid have any claim for damages as a result of lowering of anticipated profits or the loss of profits because of any difference between the quantities of work actually done and those stated in the bidding sheets. The Contractor is cautioned against unbalancing his bid by including more than a pro-rata share of the overhead and profit in any bid item. Each bid item should be priced to carry its pro-rata share of the cost, overhead and profit. 12. Alternate Materials Attention is called to those portions of the specifications that allow alternate materials. A separate schedule is provided for each alternate material allowed. Bids will be compiled for each schedule. The final decision as to which schedule shall be used for construction will be made by the City. Materials and/or equipment other than those.specifically called for in these documents must be listed in the bid form along with material and/or equipment for which - B-4 - they have been substituted. also be listed. The installed price for such items must 9 13. Tour of the Site 0 A tour of the site of the proposed work has been set for: March 15, 20.01 The tour will start at the office of the applicable department, City Hall, 4.305 Santa Fe Avenue, Vernon, California at: 1:00 P.M. 14. Prevailing Wages It shall be the Contractor's responsibility to determine each worker's wage according to the State Prevailing Wage Schedule. It shall be mandatory on the,Contractor to whom the Contract is awarded and upon any subcontractors to pay not less than the specified rate to all laborers, workers, and mechanics employed in the performance of the Contract. Copies of the certified payroll shall be submitted to the City for review and file. - B-5 - Project Description • • Contract No. 560 involves paving of Vernon Avenue from .Soto Street to Downey Road. Sections of the existing pavement shall be cold planed to 1.5 inches deep and repaved immediately before reopening to the traffic. 1.5 inches of A.C. overlay shall be constructed on this street. One new handicap ramp shall be constructed at the southeast corner of Soto Street. Due to some near future underground utility construction on this street, the City will give "Notice to Proceed" for the paving construction no later than the Fall of 2001. - B-6 - VAN w 0 Kt� - e, — C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. Proposal WORK TO BE PERFORMED: Contract No, 560, Vernon Avenue Resurfacing Name of Bidder: ALIGA K CV-4- CRC s PH hur Business Address: P.�•��'�� WN l,A•�g Phone Number: Place of Residence: The site of the work to be performed and referred to herein is in the County of Los Angeles, California. Said work is to be performed in accordance with the specification and Contract Documents of Contract No. 560. TO THE CITY COUNCIL OF THE CITY OF VERNON: Pursuant to and in compliance with the Notice Inviting Sealed Proposals (Bids) and other documents relating thereto, the undersigned bidder, having become familiar with the terms of the Contract, and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform the Contract within 30 calendar days after issuance of a notice to proceed or commencement of work, whichever occurs first, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, material, tools, expendable equipment, and all utility and transportation services necessary in order to perform the Contract and complete in a workmanlike manner all of the work required as specified in Contract No. 560 , all in strict conformity with the plans and specifications and other Contract Documents, including Addenda Numbers and on file in the office of the City Clerk. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any person, firm or corporation, and that he proposes and agrees if this proposal is accepted, he will execute a Contract with the City substantially in conformity with the form set forth in the Contract Documents. - C-1 - 2. Bid Prices The unde_signed, as bidder, agrees that he will accept in full payment :.hereof the following lump sum and unit prices, to wi_: Perform all work as specified herein and shown on Plans P 2284. Item No. 1 For cons_ructing approximately 1 handicap ramp at: two T-AvvsAn•t-r,cr-L Doll ,cs.each 00 -- wo a . 3 5aeach (f igures) e-b - 3"� . Oa figures) Item No. 2 For header cutting, approximately 8,600 linear feet at: 7h;,'4j c, ,ri-F 5 . per linear foot —(words) ec o per linear foot (f igure ) �. B (f igures ) Item No. 3 For asp.alt concrete plane cutting 1 11" deep, approximately 28,600 square= _et at: (words (figures) • per square foot J per square foot a,gbo.aa $ (f ' gures - C-2 - f-, 71 Item No. 4 For a 2" uniform cold plane cutting approximately 5,600 square feet at: -7� ; A$t►,. per .square foot. (wort ` per square foot (figures) (figures) Item No. 5 For constructing asphalt concrete pavement, complete in place approximately 1,900 tons at: 6C�Yciv{, ()okkA-rS . per ton r (words) 077- per ton ( figures) S,Soo.0-,,5 (figures) Item No. 6 For adjusting existing manhole frames and covers to grade, approximately 46 at: Yl�e_ hunI --GL 1 in-IL4SiX 00%10 c (words) / figures) each each S ( D/ 1�/. Oa, (figures) Total, Item Nos. 1 through 6 inclusive: DhZ hun&U4-4--Tkc-e. i housR•,-A- (words) (figures) It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison of bids, and that the Contractor's compensation will be computed upon the basis of the actual quantities in the complete work, whether they be more or less than those shown. - C-3 - 3. Materials The manufacturer's name and address for each type of material upon which this proposal is based is as follows: - r 0 s f 4. Subcontractors 17M As required by the California law, the bidder as general contractor hereby states the subcontractors on the job for each particular trade or subdivision of the work with each firm name and principal location of the mill, shop or office when the value of the work, labor or service performed is in excess of one-half of one p=rcent of the total bid. The bidder agrees that there shall be no s--bstitution of subcontracting except upon. compliance with the "--ubletting and Subcontractors Fair Practices Act, as amended, (_ublic Contract Code Sections 4100 et seq.) (Instruction: List only one subcontractor for each such portion.)". DIVISION OF PRINCIPAL WORK OR TRADE NAME Oi FIRM OR CORPORATION LOCATION - C-5 - 5. Deposit of Security ACCOMPANYIIZ'-: THIS PROPOSAL is 'BI DDT s 13oND (Insert the words "Cash", "Cashier's Check", "Certified Check", or "Bidder's Bond") in an amount equal to at least ten percent (10%) of the total of the bid, payable to or for the benefit of the City (as the case may be) The undersigned deposits the required security as a bid proposal guarantee and agrees that it shall be o_ayable to the City as liquidated damages in case this proposal is accepted by the City, and the undersigned fails to contract as aforesaid. 6. Bonds The unders-gned agrees to give the performance bond and labor and material bond in the form set forth in the Contract Documents and with surety satisfactory to the City within seven (7) calendar days after the date cf mailing of the acceptance. 7. Withdrawal The bidder agrees that he will not wi:-_draw his bid for a period of sixty (60) days after the time set for _he opening thereof. 8. Principals The names of all persons interested in this Bid Proposal as principals are as follows: I)Z�Skl n .e7JJT- - C-6 - 9. license and Signature the undersigned is licensed in accordance with an Act .roviding for tie Registration of Contractors, License No. 70 13 Name __` bidder: Signa.ure of bidder: Date- 3110( ALL AMERICAN ASPHALT r• Q - Da UM Title: VICE PRESIDE Title: SEC./TREASURER NOTE: The legal name of the bidder shall .be set forth above. If the bidder is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice-president, and (2) :he secretary, any assistant secretary, the chief=inancial officer, or any assistant treasurer. If the bidder is B limited liab=_ity company, signatures are required of two members or managers unless otherwise provided in the company's articles of orga-ization. If te bicder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. - C-7 - • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f v ep--5 ss. On -3116 JQ before me, D6,0,0 ' ,Vf �5, A —A-KY P&ll Fi.l �. Clate J Name and Title of officer e.g.,'Jane Doe, Notary Pubiic") personally appearedi'� Name(s) of Signer(s) Cc.,:, on'f 12t'9 �� Ro1;ry Pi ^".c-Ce!;ian;a a I:ivemida County C3c 30.2i 02 u 56 personally known to me -e�tdeece• to be the person(s) whose name(s) Oare subscribed to the within instrument and acknowledged to me that�a�lthey executed the same in _~their authorized capacity(ies), and that by �h /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person.(s) acted, executed the instrument. s WITNESS my hand and official seal. Place Notary Seal Above S' eof Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Vj7.D NbPa Ati V62 M,6 ✓j �8�17 R•' j�b�} Document Date: �Q / Number of Pages: . C' Signer(s) Other Than Named Above: AJ0JQIP,�- Capacity(ies) Signer's Name: ❑ Individual Z Corporate ❑ Partner ❑ Attorney in El Trustee El Guardian or El Other: Claimed by Signer 6S-t�-�t�A i2t-U—b`S �b Officer - Title(s): I CiCfi P 1 � w ajr,b 1) , 15GCA.9Ae, Top of thumb here ❑ Limited ❑ General Fact Conservator k Signer Is Representing: Au- M,6,RIC W > PR*T 0 1999 National Notary Association - 9M De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.natiominotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 10. Bidder's Qualif:.::ations rl The BIDDER must have a minimum of five (5) years existence as an ongoing business entezDrise in the field covered in the proposal. If a BIDDER has been --n business for less than f-'ve (5) years, comparable experience of BIDDER's owner(s) or responsible managing employee(s) may be s--:zstituted. A joint venture or similar temporary organizati:-, or a firm established on--y for this project, would not be qualified. The following con-kra:--s which show experience in work of similar scope to that coverer in the proposal, have been satisfactorily completed in the pas-_ three (3) years are: YEAR NAME OF F1!W AM ENGINEER LA.& - 71 Pr. 6r P14 B G I C, NOW :KAY DnT, or —rAA A)s P o P:rA-rio ii Vea-V-1 0 T4 0 %19 I'Ty W&�W (W -0 06ANq 0(F-1S AKAY 6 A N L, 6 mt tJ M, YkMI D_ 10 9*-'A A&AA)RA LOCATION CONTRACT AMOUNT OPAM66...& 0P_AtJe.e-C,o- k q33 - -5" v05 - 6111911. 31 The BIDDER, as a ::)ntractor, has never failej to satisfactorily complete a contract a -warded to him, except as f:llows: NIA By: V CE PRE Dl�__ - C-8 - • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of T'1 V EK- 5 ; De ss. On 311 1 b 0 �-, before me, ��NNiS � i �7"}4R-'� NsL't 0- e j� n Name and Title of r (e.g., "Jane Doe, Notary Public") personally appeared R,b 5 ejZ-r (� ga4D ey Name($) of Signer(6� 3NES ory ni C^ ( 9fi AnlJO4 Rl personally known to me .exidonee to be the person(pf whose name( is/,ate subscribed to the within instrument and acknowledged to me that he/sh Zthey executed the same in his/ IheCr authorized capacityaos , and that by his/ice/tbeit signature(s�on the instrument the person(zf or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CMJtit.t>�- Place Notary Seal Above SignpiurkA Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document , Title or Type of Document: 1 P R-0 �t��i4d,y &_J110 A/i Document Date: 311 b I01 Number of Pages:D�' g _ Signer(s) Other Than Named Above: E Capacitygesj Clap ed by Signer Signer's Name:l�"'� ❑ Individual T f 1h mb here W Corporate Officer — El Partner — ❑ Limite ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conse ❑ Other: op o u d ❑ General rvator J� Signer Is Representing: A, L AM e--k%► 6A-k) 45 f 0,+L7 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1-800-876-6827 SAFECO INSURANCE COMPANY OF AWRICA GENERAL INSURANCE COMPANY OF AAARICA FIRST NATIONAL. INSURANCE COMPANY OF "ARICA MOMS OFFICE: SAFECO PLAZA SEATTLE. WASHINNGTON RR1/S BOND NO. 562 73 59 BID BOND Conforms with The American Institute of Architects, A.I.A. Docurltent No. A-310 KNOW ALL BY THESE PRESENTS, That we, ALL. AMERICAN ASPHALT as Principal, hereinafter called the Principal, and the SAFECO NSURANCE COMPANY OF AMERICA$ of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF VERNON as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL BID I'N------- ----------- Dollars ($ 10% OF BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severalty, firmly by these presents. the Principal has submitted a bid for VERNON AVENUE RESURFACING, CONTRACT NO. 560 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into ed in the biddingtract ,th or the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be spec Contract Documents with good and sufficient surety for the faithful Performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract With another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th CH 2001 day of MAR---- ?' Witness s u. iF I'M &HAAA A �ii ALL AMERICAN ASPHALT (Seal) Principal BY: n D.mturad tradeMS0 of SAFECO CO(POr9tiOM 17-8030 t:RINTE-q IN u.s.n. S-5NEP 10190 LJ • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of V 6jj LC ss. �St On before me, ,Uf,"1 S% R Y l'U86 �.. ate _ Name and Title of Office (e.g., "Jane Doe, Notary Public) personally appeared DENN,)S JOM"S C 3 Place Notary Seat Above X personally known to me Qviffence— to be the person(4 whose name(K is/All;tff subscribed to the within instrument and acknowledged to me that he%hVM,6y executed the same in his/Aerabeif authorized capacity, and that by his/J-teMladr signature(,a') on the instrument the person(,9'f, or the entity upon behalf of which the person jA acted, executed the instrument. WITNESS my hand and official seal. Signatut Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: _ Document Date: 3A 9 b, Number of Pages: DIC 1bA� Signer(s) Other Than Named Above: 5 �� &1S- Ill. w AM cfw Capacity Claimed by Signer Signer's Name: ka &-SnLY �l ❑ Individual r p � %� Si . t� Top of thumb here Z Corporate Officer —Title (/( �—Z? ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: A, L /yt E&%�C%lWi¢ G 7- 01999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nabonalnotary.org Prod. No. 5907 Reorder. Call Toll -Free 1.890.876-6627 • • .7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On 3-19-01 before me, BARBARA J. BENDER, NOTARY PUBLIC , Date Name and Title of officer (0.9.,'Jam Doe. Notary POtitc') personally appeared OWEN M. BROWN Name(a) of Stprler(a) all Place Notary Seat Above XXXX personally known to me ��1�1trt?-i�ri.�i P:1Pi4�3iC.•.�'e=�-�a,•?%d;i ens ri. ;3.AM • 16 to be the person($ whose namelo) is subscribed to the within instrument and acknowledged to me that heCexecuted the same in his/XKKHIYtiC authorized capacity0 W and that by his>"b xAketr signature* on the instrument the person(X), or. the 5!xqity upon behalf of which the person%) a d. lexecuted the instrumeA seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: 3-19-01 Signer(s) Other Than Named Above: _ Number of Pages: ONE (1) ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWEN M. BROWN O Individual Top of au mb here O Corporate Officer — Titie(s): O Partner —O Limited O General X CMttomey in Fact O Trustee Guardian or Conservator O Other: Signer Is Representing: SAFECO INSURANCE COMPANY OF AMERICA 0 1999 National Nobly Association • 9350 Do Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • wwwA iauVnta y orp Prod. No. S907 fteaoer: CaY Toa•F(N 1-600-476.6927 S A F 'E C O- POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 . No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby *ssatts*s*stt*s►s**tt*s*tilt*******tit***tit*t**tilt*s*****suO BROWN; A,,hein Giliforttia**tilt******s**tttt*********t*sss**ss*t**ttss*t****s*s**tit*t**s* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. MI WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of April . 1999 R.A.k� 404�&464 PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice Presiders, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate tidies with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the coripany in the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or ullikking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (Q The provisions of Article V, Section 13 of the By -Laws, and (a) A copy of the power-of-attomey appointment, executed pursuant thereto, and (ih) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. SI WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation • this SEAL x 14 19th day of MARCH , 2001 R.A. PIERSON, SECRETARY S-0974iSAEF 7/98 ® Registered trademark of SAFECO Corporation. 4/28/99 PDF D. CONTRACT AGREEMENT THIS CONTRACT AGREEMENT FOR Vernon Avenue Resurfacing Contract No. 560 is made, entered into, executed in triplicate and to be performed in the City of Vernon, California, as of the day of , 2001. BY AND BETWEEN CITY OF VERNON, a municipal corporation hereinafter referred to as "City" AND ALL AMERICAN ASPHALT referred to as "Contractor IN. CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN SET FORTH, THE PARTIES DO HEREBY AGREE AS FOLLOWS: Article 1. GENERAL Section 1. Scope of Work The Contractor will furnish all labor, equipment and materials and will perform all work described in the Contract Documents attached hereto and hereby incorporated by this reference. Section 2. Consideration The City shall pay the Contractor for the performance of the work hereunder in accordance with the bid amounts set forth in Proposal Bid attached hereto and hereby incorporated by this reference. Section 3. Payments (a) Monthly Progress Payments On or about the 25th day of each month, the Contractor shall submit to the City an estimate of the cumulative amount and value of the work performed by the Contractor prior to that date and subsequent to any prior monthly estimates. The City shall pay the Contractor, within fifteen (15) calendar days, 90% of the said estimate reduced by: (1) amounts due to the City for equipment, services or materials furnished by the City; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. - D-1 - No monthly payment shall be construed as acceptance of the work, or any portion thereof, nor shall such payment preclude the City from demanding and recovering from the Contractor such damages.as may be sustained by reason of the Contractor's failure to fully perform this Contract. (b) Pre -Retention Payment Upon satisfactory completion of the work described herein, the Contractor shall furnish the City with a complete and final accounting of all labor, materials, and other costs. The City shall pay the Contractor a sum equal to 900 of the cost of the actual work completed reduced by those items set forth in Section 3(a) above. (c) Final Payment The final payment of 100 of the value of the work done under this Contract, reduced by those items set forth in Section 3(a) above, shall be made thirty-five (35) calendar days after the recordation of a Notice of Completion by the City or if a Notice of Completion is not recorded sixty-five (65) calendar days after acceptance of the completed project. The acceptance will be made only by an action of the City Council of the City. The acceptance by the Contractor of said final payment shall constitute a waiver of all claims against the City arising under this Contract. Section 4. Contract Documents The complete Contract includes all of the Contract Documents set forth herein, to wit: (1) the Notice, (2) the Information for Bidders, (3) the Bid Form Proposal, (4) this Contract Agreement, (5) the Forms including the Performance Bond, the Labor and Material Bond, the Proof of Insurance, the Workers' Compensation Certificate, and (6) the Special Provisions including any detailed plans and specifications, the standard specifications and drawings, standard provisions, and any addenda attached hereto. Section 5. Compliance with Provisions of Law (a) The City is a municipal corporation, a public agency of the State of California, and is subject to the provisions of its Charter, and when applicable the laws of the State, of California including the Government Code, the Public Contract Code, and the Labor Code. It is stipulated and agreed that all applicable provisions of law are a part of this Contract Agreement to the same extent as those set forth fully herein and will accordingly be complied with by the Contractor. (b) The Contractor shall comply with all other provisions of law whether Federal, State, or local relating to said work. Section 6. Costs and Attornevs' Fees In any action or proceeding brought to enforce the provisions of this Contract Agreement, the court shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party. - D-2 - Section 7. Notices Any Notice required or permitted hereunder shall be given by personal delivery or by first class mail, postage prepaid, To: Contractor ALL AMERICAN ASPHALT D x f4LO To: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Section 8. Conflict with Plans and Specifications Any conflict between the plans and specifications and this Contract Agreement shall be brought to the attention of the City, which shall resolve such conflict. Section 9. Assignment The Contractor shall not assign this Contract Agreement or payments due hereunder. Section 10. Paragraph Headings The paragraph headings herein are for the convenience of the parties and shall not affect the interpretation of this Contract Agreement. - Section 11. Authority of the City's Representative The City's representative shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work, all questions as to the interpretation of the plans and specifications, and all questions as to acceptable performance hereunder on the part of the Contractor. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 12. General Prevailing Rate of Per Diem Wages The general prevailing rates of per diem wages and general prevailing wages for holiday and overtime work in the locality in which the work is to be performed have been determined. Copies of the prevailing rate of per diem wages are on file with the City. The Contractor agrees that he, or any subcontractor under him, will not - D-3 - pay less than the foregoing specified prevailing rates of wages to all workers employed in the execution of this Contract Agreement. The Contractor will post one copy of the aforesaid established prevailing rates of wages at the job site. For each calendar day or portion thereof, and for each workman paid less than the stipulated day or portion thereof, and for each workman paid less than the stipulated prevailing rates for such work or craft in which the workman is employed or any public work done hereunder by him, or any subcontractor under him, the Contractor shall forfeit as penalty to the City the sum of $25.00. Section 13. Hours of Work (a) Eight hours labor shall constitute a legal day's work. The time of service of any worker employed on the work hereunder is limited and restricted to eight hours during any one calendar day and forty hours during any one calendar week unless said employee is compensated at a rate of one and one-half times the basic rate of pay for all times in excess of the foregoing hours. (b) The Contractor shall keep and make available until ninety (90) calendar days after completion of this Contract Agreement an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him on the work hereunder. (c) The Contractor shall, as a penalty to the City, forfeit $25.00 for each worker employed on the work by the Contractor or by 40 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 or forty hours in any one calendar week in violation of the provisions of this section. Section 14. Apprentices The Contractor is responsible for complying with the provisions of Labor Code Section 1777.5 dealing with the employment of apprentices on the job site. The responsibility for compliance with said section for all apprenticable occupations lies with the prime the Contractor. Section 15. Subcontractors (a) The Contractor shall comply with the provisions of the "Subletting "and Subcontracting Fair Practices Act" contained in Public Contract Code Sections 4100 et seg. (b) The Contractor shall submit to the City the following information: (1) The name and location of the place of business of each subcontractor who will perform "work or labor or render services to the Contractor hereunder, or a subcontractor licensed by the State of California, who, under subcontract to the Contractor, specially D-4 - 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 prime Contractor's total bid. ( 2 ) The portion of the work which will be done by each such subcontractor. (c) The prime Contractor shall list only one subcontractor for each portion as defined by the Contractor in his bid. Section 16. Discrimination The Contractor shall not refuse to employ or promote any person, and shall not discriminate against any person with respect to compensation received or terms and conditions of employment, and shall not discipline or discharge any person employed by him because of .said person's race, religion, creed, color, national origin, ancestry or sex; nor shall the Contractor refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion, creed, color, national origin, ancestry or sex. Section 17. Safety The Contractor and all subcontractors shall comply with the provisions of the Safety and Health Regulations for Construction, promulgated by the U.S. Secretary of Labor under Section 107 of the • "Contract Work Hours and Safety Standards Act", as set forth in Title 29, C.F.R. and by the State of California, Division of Industrial Safety. Section 18. Character of Workers Only competent workers shall be employed on the work. Any person employed, who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the.Contractor and shall not be re-employed on the work. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 19. Insurance Prior to commencing work hereunder, the Contractor shall provide the City with proof of insurance naming the City and its consultants and each of its directors, officers, agents, and employees as additional -named insureds on a policy or policies of insurance providing and maintaining the, coverages set forth in the Insurance Schedule attached hereto; provided, that coverage 'is not required for active negligence of the City to the extent that indemnification for the City's active negligence would be invalid under Section 2782(b) of the California Civil Code. Said proof of insurance shall also provide that said policy or policies shall not be canceled or - D-5 - materially reduced without giving at least 30 days prior written notice to the City. Section 20. Indemnification The Contractor shall indemnify,, protect, defend, and hold harmless the City and its consultants, and each of its directors, officers, agents, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense arising, directly or indirectly, in whole or in part, out of the services performed under this Agreement, except to the extent arising from or caused by the sole active negligence or willful misconduct of the City, its officers, agents, or.employees. Section 21. Workers' Compensation The Contractor shall secure payment- of compensation to his employees pursuant to Labor Code Section 3700, and shall obtain employers' liability insurance as set forth in the Insurance Schedule. Prior to performing the work hereunder, the Contractor shall submit to the City the Workers' Compensation Certificate set forth herein or an executed certificate of workers' compensation insurance as provided herein. Such insurance shall include a waiver of subrogation endorsement naming the City, and its.consultants, and each of its directors, officers, agents, and employees. Section 22. Labor and Material Payment Bond Before entering upon the performance of the work hereunder, the Contractor shall file an approved Labor and Material Payment Bond with the City. Said bond shall be in the sum of 100% of the total amount payable by the terms of this Contract Agreement to the Contractor. Said payment bond shall be in substantially the form of the payment bond attached hereto. Section 23. Performance Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Performance Bond in the amount of 100% of the total amount payable by the terms of this Contract Agreement. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to fully perform his obligations hereunder. Said bond shall be in substantially the form of the Performance Bond attached hereto. Article 4. PERFORMANCE Section 24. Time for Completion The work shall be completed in the number of days as specified in the Bid Proposal. Section 25. Force Majeure The Contractor shall not be responsible for the cost of repairing or restoring damage to the work in excess of 5% of the Contracted amount, if the damage is determined to have been proximately caused Force Majeure; provided, that the work damaged has been built in accordance with accepted and applicable building standards and the plans and specifications of the City. Force Majeure shall include acts of a public enemy, acts of the State or Federal Government, war, riot, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, acts of God (meaning earthquakes of magnitude 3.5 or greater on the Richter Scale and tidal waves) and delays of subcontractors due to such causes.. Section 26. Utility Relocation (a) As between the parties, the City is responsible for the timely removal, relocation or protection of existing main or trunk line utility facilities located on the job site, unless such utilities are identified by the City in the plans and specifications. The Contractor shall be compensated by the City for the costs of relocating, for repairing damage not due to the failure of the Contractor to exercise reasonable care, for removing or relocating such utility facilities not included in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or the owner of the utility to provide for removal or relocation of such utility facilities. (b) Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of construction can be inferred from the presence of other visible facilities, such as buildings or metering junction boxes on or adjacent to the site of construction; provided, however, nothing herein shall relieve the City from identifying main or trunk lines in the plans and specifications. (c) If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the contract plans or specifications, he shall immediately notify the City and utility in writing. Section 27. Public Convenience (a) The Contractor's operation shall cause no unnecessary public inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work or an approved detour shall be provided. Safe, adequate, continuous and unobstructed pedestrian and vehicular access shall be maintained to fire hydrants, water valves, D-7 residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, and hospitals, unless other arrangements are made satisfactory to owners thereof. (b) Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time- (c) Grading operations, roadway excavation and embankment construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. when rough grading is completed the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic. (d) The Contractor shall comply with all applicable State, County and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagmen and watchmen advising the public of detours and construction hazards. The Contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction. The Contractor shall furnish and install and, upon completion of the work, promptly remove all signs and warning devices. (e) At least 48 hours in advance of closing or partial closing or of reopening any street, alley, or other public thoroughfare, the • Contractor shall notify the police, fire, traffic and engineering departments of the City and any other jurisdictional agencies involved and shall comply with their requirements. Section 28. Excavations (a) Excavation Safety During the excavation of trenches five (5) feet or more in depth, the Contractor shall submit to the City, for its approval, a detailed plan showing the design of shoring, bracing, sloping, and other provisions to be made for worker protection from the hazard of caving ground. Said plan shall be at least as effective as that required by the Construction Safety Orders of the California Division of Industrial Safety. If said plan varies from the shoring systems standards established by said Safety orders, the plan shall be prepared by a registered civil or structural engineer. (b) Closure At the close of each working day, the Contractor shall completely backfill all open excavation and cover the same with temporary asphalt mix in accordance with normal practice in the industry and the rules, regulations, laws and ordinances of the State of California, the County of Los Angeles, and the City of Vernon. - D-8 - Section 29. Extra Work (a) The City may require changes in, additions to, or deductions from the work to be performed or to the materials to be furnished hereunder. No extra work shall be performed or change made unless in the pursuance of a written order from the City stating that the extra work or change is authorized, and setting forth the basis upon which payment therefore is to be made, and no claim for an addition to the Contract price shall be valid unless so ordered; provided, however, that nothing in this article shall excuse the Contractor from proceeding with the prosecution of the work so changed. The Contractor shall, when required by the City, furnish an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered. The adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition or deduction shall be determined by one or more of the following methods: (1) By an acceptable lump sum proposal from the Contractor. (2) By unit prices contained in the Contractor's original bid and incorporated in the Contract Documents or fixed by subsequent agreement between the City and the Contractor. (3) By proceeding with the work and to furnishing daily reports of extra work. The report shall itemize all costs for labor, materials, and equipment rental. The report for workers shall include hours worked, rates of pay, names and classifications. The report for equipment shall include size, type, identification number, and hours of operation. All records and reports shall be made immediately available to the engineer upon his request. When the City orders work to be done and there is a supplemental agreement between the City and the Contractor to perform said work, the City reserves the right to approve the method used by the Contractor to accomplish said work. At the request of the City, the method to be used shall be defined in the supplemental agreement prior to any work being performed by the Contractor. Section 30. Clean Up Upon completion of the work, the Contractor shall remove all debris and surplus materials from the work site. Section 31. Materials (a) New Materials and Equipment Unless otherwise specified, shown, or permitted by the City all materials and equipment incorporated in the work shall be new and of 40 i current manufacture. The City may request the Contractor to furnish manufacturer's certificates to this effect. No materials shall be installed until approved by the City's representative. (b) Inspection of Materials All materials furnished hereunder shall be subject to inspection and testing by the City's authorized agents at the City's expense. In the event such inspection and testing reveals non-compliance with the requirements of this Contract, the Contractor shall bear the cost of necessary corrective measures as well as the cost of subsequent inspection and testing. (c) Defective Equipment or Materials The inspection shall not relieve the Contractor of any of his obligations hereunder. Even though equipment or materials required to be provided hereunder have been inspected, accepted, and estimated for payment, the Contractor shall, at his own expense, replace or repair any such equipment or materials found to be defective or otherwise not to comply with the requirements hereunder up to the end of the maintenance and guarantee period as provided in Section 42. (d) Storage of Materials All materials for use in the work shall be stored by the Contractor in such a manner as to prevent damage from exposure to the elements, from admixture of foreign materials or from any other cause. The Contractor shall be entirely responsible for damage or loss of materials by exposure, weather or other causes. Section 32. Permits and Licenses (a) The Contractor shall apply for and procure all permits and licenses necessary for the work except: (b) The Contractor shall give all notices necessary and incidental to the due and lawful prosecution of the work and shall duly comply with the terms and conditions of all permits and licenses. (c) The Contractor shall pay all charges and fees in connection with all permits and licenses except those required by the following: Section 33. Land and Rights of Way (a) The City shall provide all land and rights of way upon which the work is to be constructed. (b) The Contractor shall procure any additional rights of way desired by the Contractor to facilitate construction of the work. The Contractor shall enter into written agreements with property owners for such purposes and shall provide the City with copies of said agreements. D-10 (c) Except as provided in Section 26 relating to utility relocation, when the work described herein is to be performed in the vicinity of existing improvements, such improvements shall not be disturbed or damaged except for such removal or relocation of improvements in the land and rights of way provided by the City. Section 34. Plans and Working Drawings Furnished by the City (a) The approved plans shall be supplemented by such working drawings as are necessary to control the work adequately. All such drawings shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable therefrom. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor. (b) The City will furnish to the Contractor, free of charge, all copies of drawings, and specifications reasonably necessary for the execution of the work. The Contractor shall keep one set of drawings and specifications in good order available to the City representative and to the Contractor's representatives at the site of the work. (c) The plans for the work will show conditions as they are supposed or believed by the City to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation by the City or its officers that such conditions are actually existent. The City, any of its officers, and the City Engineer shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the progress of the work, or otherwise. Section 35. Shop Drawings Submitted by the Contractor (a) Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the material or work. (b) The Contractor shall review, stamp with his approval, and submit for review by the City's representative shop drawings for all material and equipment to be incorporated into the work. Drawings shall be submitted in quadruplicate to the City and be accompanied by a letter of transmittal listing the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and if any, the names of suppliers, manufacturers, and subcontractors. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work. (c) Shop drawings shall be complete in all respects. If the shop drawings show any deviation from the requirements of the plans and specificationbecause of standard shop practices or other reasons, the deviations and the reasons therefore shall be set forth in the letter of transmittal. - D-11 - (d) By approving and submitting shop drawings, the Contractor represents that material, equipment and other work shown thereon conforms to the plans and specifications except for any the deviation set forth in the letter of transmittal. (e) Within ten (10) calendar days after receipt of said drawings, the City will return two prints of the drawings to the Contractor with the City's comments noted thereon. If so noted by the City, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the letter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the City on previous submittals. (f) The review by the City will be only for general conformance with the design concept of the project and general compliance with the plans and specifications and shall not be construed as relieving the Contractor of the full responsibility for: (1) providing materials, equipment, and work required by the Contract; (2) proper fitting and construction of the work; (3) accuracy and completeness of the shop drawings; (4) selecting fabrication processes and techniques of construction; and (5) performing the work in a safe manner. (g) No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City and returned to the Contractor with a notation indicating that resubmittal is not required. Section 36. Supervision by the Contractor Before starting the work, the Contractor shall designate, in writing, a representative who shall have complete authority to act for him. An alternate representative may be designated. The representative or alternate shall be present at the worksite whenever work is in progress. Any order or communication given to the representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or his designated representative necessary or desirable directions or instructions may be given by the City to the superintendent or foreman having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or his representative. Section 37. Inspection of Work (a) The City shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work. • (b) Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the City so that - D-12 - 11 C. proper inspection may be provided. Any work done in the absence of the City's representative will be subject to rejection. (c) All excavations which are to be backfilled shall be inspected and approved by the City prior to backfilling and the Contractor shall give due notice in advance of backfiliing to the City so that proper inspection may be provided. (d) The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, notwithstanding the fact that such defective work has 'been previously overlooked by the Agency's representative and accepted. Section 38. Correction of Defective and Unauthorized Work (a) All work which has been rejected shall be remedied, or removed and replaced by the Contractor, in an acceptable manner, and no compensation will be allowed for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the City, or any extra work done without written authority, will be considered as unauthorized and will not be paid. Work so done may be ordered removed at the Contractor's expense. (b) Upon failure by the Contractor to comply promptly with any order of the City made under the provisions of this article, the City shall have authority to cause defective work to be corrected by its own forces or by another contractor, and to deduct the costs from any monies due or to become due to the Contractor. Section 39. Errors or Discrepancies Noted by the Contractor (a) If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the plans, specifications, and drawings or between any of them and the physical conditions at the site of the work, or finds any error or omission in any of the plans, specifications, or drawings or in any survey, he shall promptly notify the City in writing of such discrepancy, error, or omission. If the Contractor observes that any plans, specifications, or drawings are at variance with any applicable law, ordinance, regulation, order or decree, he shall promptly notify the City in writing of such conflict. (b) The City, on receipt of any such notice, shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by - the Contractor, either directly or indirectly after his discovery of such error, discrepancy, omission, or conflict, will be at its own risk and the Contractor shall bear all costs arising from any work which incorporates such error, discrepancy, omission, or conflict. - D-13 - Section 40. Equipment The Contractor shall furnish adequate equipment and facilities to perform properly the work in a workmanlike manner in accordance with the plans and specifications. Such equipment and facilities must be in a good state of repair and maintained in such state during the progress of the work and shall meet all requirements of applicable ordinances and laws. No worn or obsolete equipment shall be used, and in no case shall the manufacturer's rating of capacity for any equipment be exceeded. Article 5. MISCELLANEOUS Section 41. Damaaes for Dela (a) The Contractor acknowledges that the City desires the project to be completed on or before the date specified in the Bid Proposal. The Contractor also acknowledges that if the work is not completed on or before said date that the City will incur substantial damages which cannot be ascertained at this time. Accordingly, the Contractor shall pay to the City any and all damages caused by the Contractor's delay in completing the work as herein provided. (b) If the work is not completed in accordance with the foregoing, it is mutually agreed that the City will suffer damage, that it will be impractical and infeasible to determine the amount of actual damage, and that the Contractor shall pay to the City, as • fixed and liquidated damages and not as a penalty, the sum of $1, 000.00, for each and every calendar day of delay, and that the Contractor and his Surety shall be liable for the amount thereof, provided, that the Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to Force Majeure or acts of the City, acts of another Contractor in the performance of a Contract with the City, and without the fault or negligence of the Contractor. (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the City shall grant a further period of time prior to the date of final settlement of the Contract) notify the City in writing of the cause of delay; whereupon the City shall ascertain the facts and extent of the delay and extend the time for completing the work if in its sole judgment the findings of fact justify such an extension. The City's findings of fact thereon shall be final and conclusive on the parties hereto. (d) The City shall have the right to extend the time for completion if it determines such extension to be in the best interest of the City. However, if the City extends the time limit for the completion of the work by way of a change order at the request of the Contractor and for other than Force Majeure, it is understood and agreed that such time extension will increase the City's financial obligations incurred for engineering, inspection, supervision, incidental and overhead expenses that are directly chargeable to the Contract and that accrue during the period of extension. Therefore, - D-14 - the Contractor does hereby acknowledge that reasonable charges for the hereinabove City expense shall be reimbursed to the City by the Contractor before the final payment of the ten percent (10%) retention. Section 42. Guarantee The Contractor does hereby guarantee all work for the period of one year after the date of acceptance of the work by the City, and the Contractor shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship during such period, without expense whatsoever to the City, ordinary wear and tear, usual abuse, or neglect excepted.* In the event of failure to comply with these requirements within a week after being notified in writing, the City is hereby authorized to proceed and have the defects repaired and made good at the expense of the Contractor, who hereby agrees to pay the costs and charges therefor immediately on demand. Section 43. Risk of Loss Prior to Final Acceptance Except as -set forth hereinabove relating to Force Majeure, all risk of loss resulting from total or partial destruction of the work, or any part thereof, or any damage thereto, prior to final acceptance of the work by City, shall be borne by the Contractor regardless of the cause of such total or partial damage or destruction. The Contractor, at its sole cost, shall repair or replace such damagesor destroyed work to its prior undamaged condition before being entitled to additional progress payments or final payment. Such total or partial destruction or damage shall not excuse the Contractor from completion of .the work in accordance with the provisions of this Contract. Section 44. Termination (a) Termination (Contractor's Default) (1) It shall be considered a default if the Contractor shall (a) declare bankruptcy, become insolvent, or assign his assets for the benefit of his creditors; (b) disregard or violate material provisions of the Contract Documents or City's instructions, or fail to prosecute the work according to the approved progress schedule; (c) fail to provide a qualified superintendent, or representative, or competent workers, subcontractors, or materials or equipment which meet the requirements of the plans, specifications, and drawings. In such event, the City, will so notify the Contractor in writing. Upon receipt of any such written notice of default, the Contractor shall, at his expense, preserve at the project site all construction materials, equipment, and plant, and shall undertake immediate steps to remedy such default. (2) If the Contractor fails to remedy such default within ten (10) calendar days after receipt by him of such written notice of default, the City, in writing and without notice to the Contractor's - D-15 - sureties, at its option may terminate the right to proceed hereunder with that work as to which default has occurred or may terminate this Contract Agreement. Upon receipt of any such written notice, the Contractor shall at its expense and for the work affected by any such termination: W assist the City in making an inventory of all materials and equipment in storage at the site, enroute to the site, in storage or manufacture away from the site, and/,or on order from suppliers; r (ii) assign subcontracts, supply Contracts, and equipment rental agreements to the City all as designated by the City; and (iii) remove from the site all construction materials, equipment, and plant listed in said inventory other than such source testing materials, equipment, and plant which are designated in writing by the City to be used by the City in completing such work. (3) The City shall have the right to complete the work to which the termination applies by contract or otherwise, and the Contractor` agrees that the City shall have the right for such purpose and for as long as necessary to take possession of and to use any or all of the materials, plant, tools, equipment, supplies and property of any and every kind furnished by the Contractor which is designated by the 0 City in writing for such purpose. (4) The expense of so completing such work, together with reasonable charges for administering any contract for such completion, shall be charged to the Contractor, and such expense shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense exceeds the sum which would have otherwise been payable under the Contract, then the Contractor and his sureties shall be liable for and, upon written notice from the City, shall promptly pay the amount of such excess to the City. The City shall not be required to obtain the lowest figures for completing such work, but may make such expenditures as in the City's sole judgment best accomplish such completion. If such cost is less than the balance which would have been due, the Contractor shall have no claim to the difference except to such extent as may be necessary in the opinion of the City, to reimburse the Contractor or the Contractor's sureties for any expense properly incurred for materials, tools, equipment, property, and labor which were devoted to the prosecution of the work and of which the City shall have received the benefit. In computing such expense, as it relates to equipment and property, the salvage value at completion of the work shall be deducted from the depreciated value at the time the Contract was terminated, and the difference shall be considered as an expense. - D-16 - • • (b) Optional Termination of Contract by City (Contractor Not at Fault) City may terminate the Contract upon ten (10) days written notice to the Contractor, if it is found that reasons beyond the control of either the City or the Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no claims against the City except (1) for the value of work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment on hand, in transit, or on definite commitment, as of the date the Contract is terminated, provided that such materials and equipment would be needed in the work and meet the requirements of the specifications. The value of work performed and the cost of materials and equipment, as mentioned above, shall be determined by the City in accordance with the procedure prescribed for making of a final estimate and payment as described in Section 3. Section 45. Standard Specifications The "Standard Specifications for Public Works Construction" (current year edition), published by Building News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length, provided, however, in the event that said standard specifications are inconsistent with the terms of this Contract, including the special provisions attached hereto, then this Contract and the special provisions shall be deemed controlling. - D-17 IN WITNESS WHEREOF the parties hereto have executed this Agreement or caused it to be executed as of the day, month and year first above written. CITY OF VERNON By 14 L onis C. Malbu g, MayoK- ATTEST: . By Bruce V. Malkenhorst, City Clerk • APPROVED AS TO FORM: By EDUARDO OLIVO, City Attorney CONTRACTOR Name ALL AMERICAN ASPHALT By Title VICE Pf3ESIDS-MT y Z Title SEC.I : _._. rAER NOTE: The legal name of the bidder shall be set forth above. If the bidder is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice-president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer. If the bidder is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the bidder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. ��:= 0 E. BOND FORMS AND INSURANCE REQUIREMENTS Contractor shall furnish a Workers` Compensation Certificate in substantially the form shown herein and shall give both a s Performance Bond and a Labor and Material Payment Bond on the forms enclosed herewith. A Sample Letter of Credit is also enclosed as a guide for a bidder's security. The Insurance Schedule shall be followed and insurance coverage provided in the types and amounts shown. Since the standard certificate of insurance by its terms does not constitute proof of insurance, as indicated on the Insurance Schedule either a copy of the policy or a notarized letter from the insurance underwriter or carrier verifying the coverage is required. Time is of the essence of this contract, and so the insurance schedule must be promptly submitted to an authorized insurance agent. Since an insurance endorsement providing coverage for this contract is required, it is advisable to provide a copy of this contract to the insurance agent. - E-1 - WORKERS' COMPENSATION CERTIFICATE • The undersigned is aware of the provisions of Sec. 3700 of the • Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of this Contract. CONTRACTOR Name ALL AMERICAN ASPHALT Dated By Title VICE PRESIDENT G By'/ Title SEU TREASURER NOTE: The legal name of the bidder shall be set forth above. If the bidder is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer. If the bidder is a limited liability company, signatures are required of two members or managers unless otherwise provided in the company's articles of organization. If the bidder is a partnership, signatures are required of the partner or partners authorized to sign contracts on behalf of the partnership. Workers' Compensation Certificate - 1 - E-2 - N, BOND NO. 606 97 00 PE M Cle ]IOND EXECUTED IN THREE (3) PARTS KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Vernon, a municipal corporation, by action on the dayof 2001, has awarded to ALL AMERICAN ASPHALT hereinafter designated as the "Principal", Contract No. 560 for VERNON AVENUE RESURFACING in Los Angeles County, California; and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract; NOW, THEREFORE, we, the Principal and SAFECO INSURANCE COMPANY OF AMERICA firmly bound unto the CITY OF VERNON hereinafteruretycalledare theheld "Obligee, " in the penal sum Of ONE HUNDRED THREE THOUSAND, THIRTY SIX AND NO/100ths---------------------- DOLLARS($ 103, 036 lawful money of the United States of America, forthe .0 a ) which sum well and truly to be made, we bind ourselves, ournheirs, executors, administrators and successors, jointly and severally and firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the abovebounden Principal, his heirs, executors, administrators, successors or assigns shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract, and any alteration thereof made as therein provided, on his 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 Obligee, its officers and agents, as therein stipulated, this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, 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 accompanying the same, shall in any way affect its obligation on this bond, and it does thereby 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, and said Surety agrees that in case suit is brought on this bond, Surety will pdy City's reasonable Attorney's fees to be fixed by the court. - E-3 - Performance Bond - 1 11 0 IN WITNESS WHEREOF, three (3) identical counterparts inatrument, each of which shall for all purposes be deemed original hereof, have been duly executed by the Principal Surety above named, on the 1st day of JUKE Name ALL AMERICAN ASPHALT (Principal) (Attach Acknowledgment) By z� VICE PRESIDE APPROVED AS TO FORM: of this an and Name SAFECO INSURANCE COMPANY OF AMERICA (Surety) $y OWEN M. BROWN (Attorney -in -,fact EDUARD0 OLIVO, Ci y Attorney - E-4 - !�; A.S. •t �� L• n'�s..a. 1 2001. Performance Bond - 2 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE ss. On 6-1-01 before me, BARBARA J. BENDER, NOTARY PUMIC , Date Name and Title of Olrtcer (e.g., 'Jane Doe. Notary Public') personally appeared OWEN M. BROWN Name(s) of Signer(s) I •. Place Notary Seal Above XXXX personally known to me Mammal to be the person(;o whose name(g) isIM subscribed to the within instrument and acknowledged to me that hemexecuted the same in his/KKKNNM authorized capacity(, and that by NO3eddaiijx signature* on the instrument the person(1), or the entity upon behalf of which the person(s) acte xecutedd�� the instrument. I SS mxand ar f�C ffj'seal. .-7 Signature of ""ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PERFORMANCE BOND NO. 606 97 00 Document Date: 6-1-01 Number of Pages: TWO (2 ) Signer(s) other Than Named Above: ALL AMERICAN ASPHALT Capacity(les) Signer's Name: ❑ Individual ❑ Corporate 0 ❑ Partner — X}DII3CAttorney in ❑ Trustee ❑ Guardian or ❑ Other: Claimed by Signer OWEN M. BROWN TTop of thumb here fflcer — Title(s): ❑ Limited ❑ General Fact Conservator i Representing: \ aielfit�iM►F.�I1N:1►(el�K���t����lfi����t��s z 6 0 1999 National Notary A"odation • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 • wwa.nationalnotary.org Prod. No. 6907 Pworder. Call Toll -Free 1-eW-876-6827 BOND NO. 606 97 00 - EXECUTED IN THREE (3) PARTS LABOR AND HATZRIAL PAYbONT SOND KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the CITY OF VERNON, a municipal corporation, by action on the day of_ 2001, has awarded to ALL AMERICAN ASPHALT hereinafter designated as the "Principal," Contract No. 560 for VERNON AVENUE RESURFACING in Los Angeles County, California; and WHEREAS said Principal is required to furnish a bond in connection with said Contract providing that if said Principal or any of his subcontractors shall fail to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, we, the principal and 9AUCO INSURANCE COMPANY OFAMERICA , as Surety, are held and firmly bound unto the CITY OF VERNON in the penal sum of ONE HUNDRED THREE THOUSAND, THIRTY SIX AND NO/100ths-------------------- DOLLARS ( 103,036.0 ) , lawful money of the United States of America, for the payment of which sum well and -truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court, pursuant to Section 3181 of the California Civil Code. Labor and Material Payment Bond - 1 - E-3 [I C? This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right -of action to them or their assigns in any suit brought upon this bond, and the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the work to be performed thereunder, or the specifications accompanying the same, shalt, in any way affect its obligation 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. IN WITNESS WHEREOF, three (3) identical counterparts instrument each of which shall for all purposes be deemed original thereof, have been duly executed by the Principal Surety above named on the 1st day of JUNE 2001. (Attach Acknowledgment) APPROVED AS TO Name ALL AMERICAN ASPHALT (Principal) By of this an and Name SAFECO INSURANCE COMPANY OF AMERICA (Surety) :; 8y ( torney-in-fa t) OWEN M. BROWN EDUARDO OLIVO, City Attorney - E-6 - Labor and Material Bond - 2 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ORANGE On 6-1-01 , before me, BARBARA J. BENDER, NOTARY PUBLIC Data Name and Tide of Officer (e.g.. 'Jana Doa. Notary Pubiic') r personally appeared OWEN M. BROWN r Name(s) of Signer(s) XXXX personally known to me ;S.Il.it;a Td: to be the person(lo whose name(g) isIM subscribed to the within instrument and acknowledged to me that hemexecuted the same in his/KKMD irX authorized capacity0 W and that by hisA3eddm& signature)*on the instrument the person(;, or thety upon behalf of which the person(s) acred. 6xecuted the instrument. Piece Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: PAYMENT BOND NO. 606 97 00 Document Date: 6-1-01 Number of Pages: TWO (2 ) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OWEN M. BROWN ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General )DUDCAttomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: 0 Signer Is Representing: SAFECO INSURANCE COMPANY OF AMERICA RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 1999 National Notary Assodedon • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 - www.notimakiot".org Prod. No. 5907 Reorder: CaY Toll -Free 14100476-8827 ems+ /� C C G C 0- POWER GENERA INSURANCE COMPANY OF AMERICA ►7 /�► `r �r GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA • SEATTLE, WASHINGTON 98185 No. 9164 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********************************************■************OWEN M. BROWN; Anaheim, its true and lawful attorneys) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of April , 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any nstrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or dertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation • SEAL 1955 \Of west this Nil,P MI E , SEAT. tai� r�ofwasil9 1st day of JUNE 1 2001 . R.A. PIERSON, SECRETARY S-0974/SAEF 7/98 ® Registered trademark of SAFECO Corporation. 4/28/99 PDF CONTRACTOR'S ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS iThe Contractor acknowledges that the Insurance Schedule contained herein has been reviewed, that a copy thereof has been submitted to an authorized insurance agent or broker, and that the proofs of insurance required therein will be submitted within thirty (30) days after notification of the acceptance of the Contractor's bid. The Contractor understands that the Contract will not be executed by the City of Vernon until all proofs of insurance have been received and approved as to form by the City Attorney. The Contractor agrees that failure to submit the required proofs of insurance within said thirty (30) days shall constitute grounds at the City's discretion for awarding the Contract to the next lowest bidder and for forfeiting the Contractor's bid bond. Date 6 ( 01 Contractor By. • - E-7 - INSURANCE SCHEDULE (CONTRACTOR) The Contractor shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I• Coverage and Limits Bodily Injury Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer II. General Liability Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contract Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $1,000,000 $1,000,000 $11000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. b. An endorsement providing coverage for all operations under City of Vernon Contract Number 560. b. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and umbrella liability coverage shall be furnished in the form checked below. Certification of the following proofs by the insurance agent or broker will not be accepted: X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signator is an officer . authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. - E-8 - PROOF OF INSURANCE APPROVAL AS TO FORM • The proofs of the following insurance coverage have been received and approved as to form: Broad Form Contractual Liability Automobile Liability Worker's Compensation Employer's Liability General Liability Umbrella Liability Dated 1 - Z 6 - © -2 • • EDUARDO OLIVO City Attorney - E-9 - 0 RSA Surplus Lines Insurance Services, Inc. • A Royal Insurance Subsidiary 701 N. Brand Blvd #200 Glendale, CA 91203 California License No. OC24330 Fax: (818)551-6654 Phone: (818)551-6655 4/9/02 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Risk Management Department Re: All American Asphalt KZB517647 City Clerk: hereby certify that the certificate of insurance attached hereto and made a part hereof by reference truly and accurately represents the above cited insurance policy and the insurance coverage for the named insured issued by Royal Surplus Lines Insurance Co. The City of Vernon, its officers and employees are included as additional insureds and the City of Vernon will be provided thirty (30) days written notice of cancellation of material reduction in coverage. I certify that I am an officer of the managing general agency for the insurance carrier named herein and that I am authorized. to sign this certificate on behalf of said insurance carrier. Signature , Title Vice -President . ,���''.aq:;':::..••..,..:::..:::::...<•;:.};..••••.:.`::.:.,•.::.>:�:.�;Y.:;:::`-�.�.•'•�...••.,::...,;•::•:..::';•::..;•.>s::::'::;'::•.;''.;•;'x•�:;�::;��:.: ::4 ::.::.: :..:.:.:.::.:.:..:.. :r.:. :..::.. ...... ........ �...... PRG tiCEp ::::::::::::::::i::i;5<����:::':;:%?pi}:'':'i<:':%::%:r:::?:::;:;iii;;i•».�:DATE':::>:::::.,;.: (MMIDD%1%Y) :........ .. . 9/26/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Ins Brokers 11 Agent Lie. No. OB29370 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 600 City Pkwy West #500/600 COMPANIES AFFORDING COVERAGE Orange CA 92868-2946 COMPANY (714) 937-1824 A Royal Surplus Lines Ins. Co. INSURED COMPANY All American Asphalt B Hartford Fire Insurance Co. PO Box 2229 COMPANY Corona, CA 92878-2229 C Great American Insurance Cc COMPANY Eagle Pacific Insurance Co. :`�1�4�����8��5>��� ������E�����•'_•;E������r�����E2?��'•.''���'•3��:t?%�>�'���E�f%����%����#����:����������#���<��>'�:`��>s��"E���:�:���:�%�:3::<::::::::i:::::<:'•'.::E':�:�:�:��'���:::�t%::::;:.:�:::�;�:%� • • •• n •• • • • • • • •. • • • •.. •.......... • • • • • •.•.........................::.:::::::::::: :•:::::::::: :v::::::::::. �::. �:: n �::::::::::::::::w:•i:•:^:4:h::•iiii}iii:4iii:i�ii::•i:•i:•i::0:^:fii;•: i:4i: �:4i:4ii:.ipii:ii}::vi}?:•i:4:vi:•i:4iii:hiiiii}iJ}ii: i:•is4:viii}iii:G:Cii:4iii:4i:4ii:+iviiiii: ±i>iiii�i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEFOR THE POLICY PERIOD INDICATED,NOTWITHSTANDINGANY REQUIREMENT, TERMORCONDITIONOF ANYCONTRACTOROTHERDOCUMENT WITHRESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CD LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MWDDIYY) LIMITS A GENERAL LIABILITY KZ8517647 8/01/01 8/01/02 GENERAL AGGREGATE $ 2,000,000 X PRODUCTS-COMP/OP AGO $ 2,000,000 COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR ADDITIONAL INSURED APPLIES PER C62010 PERSONAL & ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT ATTACHED X FIRE DAMAGE (Any one fire) $ 50,000 $10,000 SIR MED EXP (Any one person) $ B AUTOMOBILE LIABILITY ANY AUTO 72UENGK5491 8/01 /01 8/01/02 COMBINED SINGLE LIMIT $ 11000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ $10,000 Ded X PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO N/A OTHER THAN AUTO ONLY: .. EACH ACCIDENT $ AGGREGATE $ C EXCESS LIABILITY TUU3577202 8101/01 8/01/02 EACH OCCURRENCE $ 10,000,000 X UMBRELLA FORM AGGREGATE $ 10,000,000 OTHER THAN UMBRELLA FORM $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 4SO100304 ADA 6/08/01 6/08102 XI STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL DISEASE - POLICY LIMIT $ 1,000,000 OFFICERS ARE: EXCLI DISEASE , EACH EMPLOYEE $ 1,000,000 OTHER Re: All jobs and operations in regards to Contract No. 560. •10 days notice for non Lip', SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Vernon EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENdONLIONOWMiAL City Hal 1 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 4305 Santa Fe Ave BYOOYN1KYKlEX00(liafMKMI(XIFXXIOmiYKM1ROMYXW�(YK)N0(71itlIX�IXXItliX)tlN(KYYIIKNfIXXX Vernon, CA 90058 OFXXMII(XXMXXIRDI[XAY9fE10MLIPWA%WYTWYMXEMEV tWYv v 053011 CERTIFICATE: 171/001/ 01704 WOLICY NUMBER: KZB517647 COMMERCIAL GENERAL LIABILITY INSURED: All American Asphalt EFFECTIVE: 8/1/01 THIS ENDORSEMENT CHANGES THIS POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: The City of Vernon, its officers, and employees 4305 Sante Fe Ave Vernon, Ca 90058 Project: All jobs and operations of the named insured in regards to Contract No. 560 is (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. It is agreed that such insurance as afforded by this policy for the benefit of the additional insured shall be primary insurance as respects any claim, loss, liability arising directly or indirectly from the insureds operations and any other insurance maintained by the additional insured shall be noncontributory with the insurance provided hereunder. CG 20 10 11 85 ©Copyright, Insurance Services Office, Inc., 1984 endorselwpd Fi1� INSURANCE FORM LETTER (To be issued on insurance carrier letterhead) Date: S City Clerk M City of Vernon P 4305 Santa Fe Avenue L Vernon, CA 90058 E Re: Insurance for City of Vernon (description of permit or Contract) Policy Number(s) Named Insured: City Clerk: I hereby certify that the certificate of insurance attached hereto and made a part hereof by reference truly and accurately represents the above cited insurance policies and the insurance coverage of each for the named insured issued by (insurance carrier). The City of Vernon, its officers, and employees are included in said policies as additional insureds and the City of Vernon will be • provided with thirty (30) days written notice of cancellation or material reduction of coverage. I certify that I am an officer of the insurance carrier named herein and that I am authorized to sign this certificate on behalf of said insurance carrier. (Notary) • Signature Title - E-10 - (BANK OR SAVINGS AND LOAN ASSOCIATION LETTERHEAD) S (Date) City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen• A M P L E IRREVOCABLE LETTER OF CREDIT Contract Please consider this letter as an Irrevocable Letter of Credit pledging that * in the amount of $ is/are deposited and guaranteed to insure the Contractor's faithful performance under Contract No. 557 in lieu of withholding any funds due the Contractor under progress payments. In compliance with Part 5 (commencing with Section 22300) of Division 2 of the California Public Contract Code, we agree that the funds or other securities designated by this instrument shall become trust funds for the purposes set forth in this instrument. This instrument shall terminate upon formal acceptance by the City Council of the City of Vernon of the work performed by the Contractor under said Contract. Any claims under this Irrevocable Letter of Credit shall be presented in the following manner: The City's written statement, signed by the Director of Community Services, certifying that there has been loss, damage or liability resulting from the Contractor's duties and obligations under Contract, or from negligence, act or omission of the Contractor, its agents, servants and employees (such statement to be substantiated by an attached detailed report) in the amount of the accompanying sight draft on us and that the amount of this draft is therefore now due and payable. The above statement will be all that is required to certify the amount set forth under this Irrevocable Letter of Credit, dated this date, is due and payable to the City of Vernon pursuant to the above -stated Contract No. 560. (Name of Bank or Savings and Loan Association) 0 President M Secretary ALL SIGNATURES MUST BE NOTARIZED Attach proper jurats • Securities as listed in Section 16430 of the Government Code, or bank or savings and loan certificates of deposit. - E-11 - SPECIAL PROVISIONS F. SPECIAL PROVISIONS • Standard Specifications For the purpose of this contract, STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2000 Edition), - Southern California Chapters American Public Works Association and Associated General Contractors of America (2000 Edition) shall apply. Examination Of Site The bidders must examine the site and judge at their own responsibility the location, physical conditions, and surroundings of the proposed work. Traffic Control Vernon Avenue must have one lane open in each direction at all times. Any deviation from this must be approved by the City Engineer. The Contractor must furnish and maintain Type II barricades with flashers at the removal areas. Access to places of business must be provided by the Contractor at all times except as approved by the City Engineer. Contractor is responsible for furnishing and maintaining traffic control during project. Work Schedule Prior to beginning any work, the Contractor shall submit to the City Engineer, in writing, a tentative schedule of proposed operations. The schedule shall show sequence of operations and: estimated time for completion of each operation. The Contractor shall give 48 hours notice to the City Engineer prior to the start of the operation. General The City will prohibit parking in the work area during construction on 24 hours notice. No parking signs are to be provided and posted by the contractor. All signs, lights and other warning devices used shall be in accordance with State of California Business and Transportation Agency Department of Public Works Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways. - F-1 - • SPECIAL PROVISIONS Coordination of Activities The Contractor shall coordinate all work activities with utility companies and property owners. Header Cutting and Asphalt Planning Header cutting consists of cutting and removal of a strip of existing asphalt concrete pavement along the gutter, rails and join lines as shown.on the plan. This strip shall be tapered from l 11 inch below the gutter edge to zero at six feet out, providing a keyway for the asphalt concrete to permit a smooth transition at the gutter. Payment will be made by linear foot. If any valve or manhole covers fall within header cutting or plane cutting area, the existing A.C. around the covers shall be cut to the satisfaction of the Field Engineer. Immediately after cold planing, temporary ramps shall be constructed around each manhole and join lines for safer vehicular traffic. These ramps shall be removed prior to final overlay. In places specified on the plan as plane cut areas, uniform removal shall be made. Payment will be made per square foot of planing. The asphalt pavement shall be cut by any acceptable method which will produce the specified depth uniformity without gouging. These quantities of plane cuttings are approximate and may be increased or decreased at the option of the Field Engineer. Excavation and Removal The limits of removal as shown on paving plans are approximate and may be increased or decreased at the option of the Field Engineer. Work Times Work time shall be between 7:00 a.m. and 4:30 p.m. Monday through Friday. If Contractor elects to work at other times it must obtain City Engineer's approval and pay for inspection. Private Property Damage Any damage to private property caused by the Contractor shall be repaired or replaced at no cost to the City. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimensions. Asphalt Concrete Paving The Contractor shall submit its proposed paving schedule to the City Engineer for approval 48 hours before start of work. - F-2 - SPECIAL PROVISIONS Asphalt concrete paving, between the boundaries of work, shall be a depth of 1.5 inches or except as noted. Paving asphalt concrete shall be B-AR4000. A tack coat of SS-lh shall be applied at the rate of 0.10 gallons per square yard. Base paving asphalt concrete for removal areas shall be B-AR4000. Handicap Ramps Handicap ramps shall be poured monolithically with gutter. Concrete Work All concrete work shall be formed. No wild pouring allowed. Temporary Asphalt Concrete All plane cut areas designated by K on the plans shall be ramped with temporary cold mix at the Join line for a better vehicle crossing. A.C. Grindings Asphalt concrete removed by header cutting and plane cutting shall be hauled away by the Contractor. Leveling Course All plane cut areas designated by G on the plans shall be repaved (B-AR4000) prior to reopening to traffic. These areas shall be free of moisture, properly broomed, cleaned of any loose materials, tacked and paved flush with the adjacent pavement. A.G. tickets will be collected and paid under corresponding item. Traffic Plans The Contractor must submit.a traffic plan to the City Engineer for approval at least five days prior to starting the paving operation. Plant Inspection The Contractor shall inform the Field Engineer of name and location of asphalt plant that will furnish.A.C. to the job sites. The City will set plant inspection on paving days for quality control. The Field Engineer will reject A.C. loads shipments from any other plants. Tack Coat Application The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements - F-3 - • C� SPECIAL PROVISIONS (sidewalks, driveways, curb and gutters, private property, etc.). In no circumstance the tack -coat truck shall spray the roadway more than 200 feet ahead of the paving machine. No asphalt trucks shall be utilizing existing driveways for turn arounds. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration. Temporary Markings Immediately after paving operation, the Contractor shall make temporary centerline marking (yellow) on the project site as specified by the Field Engineer. These reflectorized lines, approximately 24 inches long and 4 inches wide, shall be spaced not more than 30 feet apart. Gas, Water and Monument Covers All Southern California Gas Company and City of Vernon valve and monument covers shall be raised by the Contractor as part of the paving operation. City will furnish all extension sleeves and the Contractor shall install same as directed by the Engineer. Immediately after rolling, the valve covers must be raised and lowered to insure proper access. Existing valves must be exposed and accessible at all times. Sidewalk Cleaning Immediately after cold planning operation all adjacent sidewalks shall be swept free from A.C. grindings. The Contractor' is responsible to maintain all sidewalk areas within the construction zone free from loose materials and A.C. grindings at all times. Cleaning Manhole Covers and Valve Riser Covers All existing manhole covers and valve riser covers shall be cleaned free from asphalt and tars after the paving operation. Sewer Manhole Covers and Frames The Contractor shall type sewer manhole covers and covers furnished by th covers and frames shall be Sanitary Facilities e replace approximately three (3) locking and frames with non -locking type frames City. Those locking type sewer manhole hauled away by the Contractor. The Contractor shall furnish and maintain sanitary facilities on the sites. - F-4 - SPECIAL PROVISIONS Notice to Proceed L� 11 Due to some near future underground utility construction on this street, the City will give "Notice to Proceed" for the paving construction no later than the Fall of 2001. Unit Prices . All costs not covered by specific unit prices but required for a complete job, shall be included in the items most related to the work. - F-5 - 0 3/61 STANDARDTOPOGRAPHY SYMBOLS SYMBOL ABBREVIATION DESCRIPTION C5V p # Pole Anchor • VR Valve Riser WM Water Meter Culvert Cleanout Sign TS Traffic Signal FH # Fire Hydrant Traffic Detector 0 F CB Catch Basin © SMH Sewer Manhole DMH Storm Drain Manhole PMH Power Manhole TMH Telephone Manhole WMH Water Manhole PPB Pedestrian Push Button 5-48 TRAFFIC CONTROLS Traffic Manual 1-11"o Figure 5-9 TYPICAL LANE CLOSURE (TRAFFIC CONTROL SYSTEM FOR MULTILANE CONVENTIONAL HIGHWAYS) a• � "ftnm w.mMq Soo- to M. 'pWi• � � + � %%l! ��i!//A.. • � _• � nas z� itttiii A No Scale C23 C20 (Rt.) C26 (Rt.) (See trade 3 ttuu 5) • TABLE 1 APPROACH SPEED (MPH) TAPER LENGTH iw * NUMBER O F CONES FOR TAPER* SPACIfNi OF COMES ALONG TAPER ( t 25 125 6 25 30 180 7 30 35 245 8 35 40 320 9 40 45 540 13 45 50 600 13 50 50+ 11000 21 50 F C" (See note 6) Legend: �. Sign • Cone or Portable Delineator rim Direction of Traffic Q Flashing Arrow Sign NOTES: Taper formula L $ S x W for speeds of 45 or more. L a WS 2 for speeds of 40 or less. 60 Where: L s Minimum length of taper. (*) a val Based on 12-foot wide darts. This column (s also S = speed Om ue of Posted or less than 12 feet.percentileNp work W = Width of offset. SPECIAL NOTE: Field conditions quid require deviations from these plans and accompanying notes. NOTES: I. This plan does not apply where there are emergency conditions. Under emergency condi- tions, equipment and personnel which are available should be utilized to Implement a closure even though such closure does not meet the standards contained In this plan. As equip- ment or personnel become available an Im- mediate effort should then be made to implement the standards shown on this plan. 2. Where approach speeds are low, signs may be placed at 300 feet spacings, and even closer in urban areas. 3. All advance warning signs shall be 48" x 48" minimum on highways with approach speeds of 45 mph or more. When speeds are less than 45 mph the C23 sign shall be 30" x 30" minimum; other advance warning signs shall be 36" x 36" minimum. (See Note 5) 4. All warning signs for night closures shall be either illuminated or reflectorized. 5. A CIS "ROAD CONSTRUCTION AHEAD" sign may be used In lieu of the C23. (See Note 3) 6. A C13 "END CONSTRUCTION" sign, as ap- propriate, may be used in lieu of the C14. The sign is optional if the end of work zone Is obvious or falls within a larger project limit. 7. Warning (W) series signs used in work zones shalt be black on orange. Existing yellow warn- ing signs already In piece within time antes may remain in use. 8. Pavement markings for closures shall Conform to Section 5-05 of this manual 9. AN cones shall be internally Illuminated or fitted with reflective white sleeves for night closures (See Section 5-03.3). 10. The maximum spacing between channelizing devices in a taper should be approximately equal In feet to the speed limit. (See Table 1) LM E SEE NOTE 4 SEE NOTE 5 �-- PROPERTY LINE LEIiEL LAN ROUGH ff FINISH PLAN X CURB AND NOTE• 01NG ( FOR SIDEWALKS- FINISH EXCEEDING 10' WIDTN.) / ROUGH CURB AND GUTTER W MAX. SLOPE 1" PER 8" IF A 4' 4, X DEEP LEVEL LANDING IS PROt//DED AT THE UPPER END OF THE RAMP, .A OTHERWISE MAX. SLOPE 1 " PER 12": ELEVATION CURB FACE r-, I 46fv SLOPE' I. PL IT F7: SECTION A A 9" I. USE CLASS 520-.-C-2500 CEMFJVT CONCREM 2. ALL CONCRETE SHALL BE ONE CO!/= NO rOPPING PS?M/TTEi?. 3. THE LOWER BVD OF EACH CURB RAMP SHALL H E A 112 INCH UP BEM" AT 45 DEGRELS. 4. THE SURFACE OF A CURB RAMP Loc,47E 7 IN THE CENTER OF A CURB RETURN SH LL BE GROO► V PARALL& TO THE CENTERUNE OF ME CROSSWALK 7YPIC4LLY /N TWO DIRECTIONS WITH 114 INCH X 114 INCH GROOVES APPROX/MAMY 1 112 INCHES ON CMER. 5. CURB RAMPS SHALL HAVE A GROOVED BORDQ4 12 INcHis WID£ THE LEM SURFACE ON ME SIDEWALK ON EACH SIDE APPROXIMATELY 314 INCH ON COVrER. 8. WORK TO BE DONE /N ACCORDANCE W M "STANDARD SPEGYRC4110NS FOR PUBUC WORKS CONSTRUCTION." 7. AD- ACENT SIDEWALKS 5' ON Elmo? Bw OF CURB RAMP sH4LL BE POURED 8" THICK. 8. CURB AND GUTTER SHALL BE POURED MONOLITHIC W17H CURB RAMP. STANDARD CURB RAMP STANDARD PLAN Cirr of VERNoV G4UFi7RN64 P V 2006 coumulvI Y SE WOES DEPARTMD VT MARCH t9B3 REMIONS arF vesst�now s-Yt-e7 9-tY-a1 .ADM AMM AMM Norm IA FA..