Resolution No. 78221`
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
f r ` ky +.
RESOLUTION NO. 7822
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONTRACT BY AND BETWEEN THE CITY OF VERNON AND
HENKELS AND MCCOY, INC. FOR THE REMOVAL AND
REINSTALLATION OF FAILED COUPLINGS
WHEREAS, on September 5, 2000, the City Council of the City
of Vernon adopted Resolution No. 7613, approving Contract No. 555,
Vernon Gas Distribution System, Replacement of Gas Main Couplings, and
calling for bids; and
WHEREAS, on October 17, 2000, the City Council of the City
of Vernon adopted Resolution No. 7651 rejecting the only qualified bid
received because it substantially exceeded the estimate of the
Community Services & Water Department and ordering the procurement of
such services by negotiated agreement; and
WHEREAS, on November 21, 2000, the City Council of the City
of Vernon adopted Resolution No. 7665 rejecting the negotiated bid of
Doty Bros. Equipment Co. and approving Contract No. 555 (Revised),
Vernon Gas Distribution System, Replacement of Gas Main Couplings, and
calling for bids; and
WHEREAS, the bids received in response to said advertisement
were nearly double the engineer's estimate; and
WHEREAS, the staff of the Utilities Department and Community
Services & Water Department have determined that it would be more cost
effective to proceed with such services on a time and materials basis;
and
WHEREAS, the City Council of the City of Vernon, pursuant to
Section 2.27 of the Code of the City of Vernon, finds and determines
that it is in the public interest and necessity that said bids be
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
rejected and that the City procure such services by negotiated
agreement without further compliance with the procedures set forth in
the City's Purchasing Ordinance; and
WHEREAS, staff of the Utilities Department and the Community
Services & Water Department have determined that Henkels & McCoy, Inc.
is the most qualified candidate based upon past performance and rates;
and
WHEREAS, by letter dated August 16, 2001, Bruce V.
Malkenhorst, City Administrator/City Clerk, has recommended that
Henkels & McCoy, Inc. be retained to perform the work on the repair of
the gas couplings and that an agreement on a time and material basis
be approved and executed.
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 hereby
rejects the bids received for Contract No. 555 (Revised) for the
Vernon Gas Distribution System, Replacement of Gas Main Couplings, in
connection with the Gas Construction Project and orders that such
services be procured by negotiated agreement without further
compliance with the Purchasing Ordinance, as permitted by Section 2.27
of the Code of the City of Vernon.
SECTION 2: The City Council of the City of Vernon hereby
approves the Contract with Henkels and McCoy, Inc., a copy of which is
attached hereto as Exhibit "A" and made a part hereof.
_ 2 -
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Contract for,
and on behalf of, the City of Vernon.
SECTION 4:. The City Council of the City of Vernon hereby
iirects the City Clerk, or his designee, to send one fully executed
::ontract to:
Henkels and McCoy, Inc.
Attn. Butch Silveous, Manager
155 N. Eucla Avenue
San Dimas, CA 91773
SECTION 5: The City Clerk of the City of Vernon shall
certify fo the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 22"d day of August, 2001.
C
LEONIS C. MAL$ RG, Ma or
ATTEST:
BRUCE V. MALKENHORST, City Clerk
- --- - -- --- - 3 -
% � R
' # t
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
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7822, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
August 22, 2001, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
EXHIBIT
0
CONTRACT NO.
This Contract is made between the CITY OF VERNON ("City"), a municipal corporation, and HENKELS AND
McCOY, INC., a California corporation, with offices located at 155 North Eucla Avenue, San Dimas, CA
91773 ("Contractor"). This Contract is executed in duplicate originals, either copy of which may be
considered and used as the original hereof for all purposes, as of this day of August, 2001, in the
City of Vernon, California.
The City and Contractor agree as follows:
1.0 CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents set forth
herein, to wit: (1) this Contract, (2) the Forms, including the Labor and Material Bond, the Proof of
Insurance, the Workers' Compensation Certificate, and (3) the Special Provisions including any detailed
plans and specifications, the Standard Specifications and drawings, standard provisions, and any addenda
attached hereto.
2.0 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.
3.0 Contractor shall furnish all necessary and incidental labor, material, equipment, transportation and
services as described in, and strictly in accordance with, and subject to all terms and conditions set forth in
this Contract and pursuant to Exhibits "A" and "B" attached hereto, for Time and Material work in and for the
City. All attachments are incorporated herein and made part of this Contract by reference herein.
4.0 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.
5.0 All work shall be done in a manner satisfactory to the City Engineer or his designee, and shall be of
workmanlike quality.
6.0 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 specification because of standard shop practices or other reasons, the
deviations and the reasons therefore shall be set forth in the letter of transmittal
(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.
(0 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.
7.0 Contractor shall commence work within 10 (ten)working days after receipt of City's Notice to
Proceed. All work that allocated funds allow shall be completed in 100 (hundred) days after commencement
8.0 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, 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 dosing 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.
9.0 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.
10.0 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.
11.0 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.
12.0 EXCAVATIONS.
(a) 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) That the contractor shall promptly, and before the following conditions are disturbed, notify the
public entity, in writing, of any:
(1) Material that the contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class 1, Class 11, or
Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated.
(3) Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the character provided for in the
contract.
(c) That the public entity shall promptly investigate the conditions, and if it finds that the conditions
do materially so differ, or do involve hazardous waste, the City shall bear all costs associated with the removal
and handling of said material.
(d) The contractor shall retain any and all rights provided either by contract or by law which pertain
to the resolution of disputes and protests between the contract parties.
13.0 CLEAN UP. Upon completion of the work, the Contractor shall remove all debris and surplus
materials from the work site.
14.0 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 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 backfilling 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.
15.0 Concurrently with the execution of this Contract, Contractor shall furnish material bonds of a surety
satisfactory to the City. The cost of the bonds shall be refundable to the Contractor by the City.
16.0 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.
17.0 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.
18.0 The City shall pay only for actual work performed, at the written request of the City Engineer, in
consideration of satisfactory and timely performance of services. The City shall pay Contractor an amount
not to exceed $500,000.00 without the prior authorization of the City Engineer.
GENERAL TERMS AND CONDITIONS
19.0 SUBCONTRACTORS.
(a) The Contractor shall comply with the provisions of the "Subletting and Subcontracting Fair
Practices Act" contained in Government Code Sections 4100 et sea.
(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 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.
20.0 APPRENTICES. The Contractor is responsible for complying with the provisions of the International
Brotherhood of Electrical Workers, Local 1245 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.
21.0 INDEPENDENT CONTRACTOR.
21.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and
is, an independent contractor, and is not an agent or employee of City and shall furnish such services in its
own manner and method except as required by this Contract. Further, Contractor has and shall retain the
right to exercise full control over the employment, direction, compensation and discharge of all persons
employed by Contractor in the performance of the services hereunder. Contractor shall be solely responsible
for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its
employees, including compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exemptions, and regulations of any nature whatsoever.
21.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by
Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not
be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave,
vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long -tern
disability or workers' compensation insurance benefits.
22.0 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its
subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity
whatsoever as agents or otherwise.
23.0 OWNERSHIP OF WORK. All reports, drawings, plans, specifications, computer tapes, floppy disks
and printouts, studies, memoranda, computation sheets and other documents prepared by Contractor in
furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested.
Contractor shall keep such documents and materials on file and available for audit by the City for at least
three (3) years after completion or earlier termination of this Contract. Contractor may make duplicate copies
of such materials and documents for its own files or for such other purposes as may be authorized in writing
by the City.
24.0 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
shall only be done with written authority from the City's Engineer. Work so done without City approval 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.
25.0 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 fhe 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. The City shall provide onsite an appropriate representative to make
field determinations concerning discrepancies which the contractor will act upon.
26.0 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 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 by Contractor 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) 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.
27.0 GUARANTEE.
The Contractor does hereby guarantee all workmanship for the period of five years 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 ten working days 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.
28.0 WAIVER. The City's waiver of any term, condition, breach or default of this Contract shall not be
considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the
one waived.
29.0 SUCCESSORS. This Contract shall inure to the benefit of, and shall be binding upon, the parties
hereto and their respective heirs, successors and/or assigns.
30.0 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract or any rights hereunder
without the prior written consent of the City and approval by the City Attorney, which may be withheld in the
City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a
material breach by the Contractor of its obligations under this Contract. No assignment shall release the
original parties or otherwise constitute a novation.
31.0 COMPLIANCE WITH LAWS.
(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 ,bythe Contractor.
(b) The Contractor shall comply with all other provisions of law whether Federal, State, or local
relating to said work.
(c) It is clearly understood by both the City and the Contractor that this work is exempt from* any
prevailing wage rate determination.
32.0 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of
this Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which such party may be entitled.
33.0 APPLICABLE LAW. This Contract, and the rights and duties of.the parties hereunder (both
procedural and substantive), shall be governed by and construed according to the laws of the State of
California.
34.0 ENTIRE AGREEMENT. This Contract, including any exhibits attached hereto, constitutes the entire
agreement and understanding between the parties regarding its subject matter and supersedes all prior or
contemporaneous negotiations, representations, understandings, correspondence, documentation and
agreements (written or oral).
35.0 INTERPRETATION. The parties hereto acknowledge and agree that each has been given the
opportunity to independently review this Agreement with legal counsel and has the particular language of the
provisions hereof. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any
matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation
providing for interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement. This Agreement shall otherwise be
interpreted and construed in accordance with the laws of the State of California.
36.0 WRITTEN AMENDMENT. This Contract may only be changed by written amendment signed by
Contractor and the City Engineer or other authorized representative of the City, subject to any requisite
authorization by the City Council. Any oral representations or modifications concerning this Contract shall be
of no force or effect.
37.0 SEVERABILITY. If any provision in this Contract is held by any court of competent jurisdiction to be
invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Contract, and the
remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid,
illegal, or unenforceable portion had never been part of this Contract.
38.0 ORDER OF PRECEDENCE. In case of conflict between the terms of this Contract and the terms
contained in any document attached as an exhibit or otherwise incorporated by reference, the terms of this
Contract shall strictly prevail.
39.0 CHOICE OF FORUM. The parties hereby agree that this Contract is to be enforced in accordance
with the laws of the State of California, is entered into in the City of Vernon and that all claims or
controversies arising out of or related to performance under this Contract shall be submitted to and resolved
in a forum within the County of Los Angeles at a place to be determined by the rules of the forum.
40.0 TIME OF ESSENCE. Time is strictly of the essence of this Contract and each and every covenant,
term and provision hereof.
41.0 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that
the Contractor has the right, power, legal capacity and authority to enter into and perform its obligations
under this Contract, and its execution of this Contract has been duly authorized.
42.0 PARAGRAPH HEADINGS. The paragraph headings herein are for the convenience of the parties and
shall not affect the interpretation of this Contract Agreement.
INDEMNITY
43.0 Contractor agrees to indemnify, hold harmless and defend to the maximum extent permitted by law,
the City, its City Council and each member thereof, and its officers, employees, commission members and
representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses
(including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are
claimed to result from or to arise out of:
A. any activity on or use of City's premises or facilities or any performance under this Contract
of Contractor or
B. any acts, errors or omissions (including, without limitation, professional negligence) of
Contractor, its employees, representatives, subcontractors, or agents in connection with the
performance of this Contract.
44.0 This agreement to indemnify includes, but is not limited to, personal injury (including death at any
time) and property or other damage sustained by any subcontractor or Contract and its employees or agents.
45.0 INSURANCE. Prior to commencing work hereunder, the Contractor shall provide the City with proof of
insurance naming the City as an additional -named insured on a policy or policies of insurance providing and
maintaining the coverages set forth in the Insurance Schedule attached hereto. Said proof of insurance shall
also provide that said policy or policies shall not be canceled or materially reduced without giving at least 30 days
prior written notice to the City.
46.0 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.
47.0 Insurance shall be placed with insurers with a Best's rating of no less than B:VII I.
48.0 Failure to maintain required insurance at all times shall constitute a default and material breach. In
such event, Contractor shall immediately notify City and cease all performance under this Contract until
further directed by the city
49.0 NOTICES.
Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery
or prepaid first-class, registered or certified mail, during business hours, addressed as follows. The City's
business hours are Monday through Thursday, from 7:30 a.m. to 5:00 p.m. Notice simply to the City of
Vernon or any other City department is not adequate notice.
If to the City: City Administrator
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor: HENKELS AND McCOY, INC.
155 North Eucla Avenue
San Dimas, CA 91773
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed,
upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier.
Either party may change the address at which it desires to receive notice upon giving written notice of such
request to the other party.
50.0 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Contract in whole or
in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to
Contractor. If the Contract is thus terminated by City for reasons other than Contractor's failure to perform its
obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and
accepted prior to the effective date of termination. In addition the City shall pay the Contractor reasonable
demobilization costs. Such payment shall be Contractor's exclusive remedy for termination without cause.
51.0 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party
may declare a default and terminate this Contract by written notice to the defaulting party. The notice shall
specify the basis for the default. The Contract shall terminate unless such default is cured before the
effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the
date of the notice with reasonable time to correct.
52.0 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) working days after receipt
by him of such written notice of default, the City, in writing and without notice to the Contractor's 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:
(i) 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;
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.
Termination for cause shall relieve the terminating party of further liability or responsibility under this
Contract, including the payment of money, except for payment for services satisfactorily and timely
performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments
made by the City for service not subsequently performed in a timely and satisfactory manner.
53.0 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor hereby agrees to assign to the
City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S. C. Sec 15) or under the Cartwright Act Chapter 2 (Commencing with Section 16700) or part 2 of
Division 7 of the Business and Professions Code, or any similar or successor provisions of Federal or State
law, arising from purchases of goods, services or materials pursuant to this Contract or the subcontract. This
assignment shall be made and become effective at the time the City tenders final payment to the Contractor,
without further acknowledgment by the parties.*
ADDITIONAL ASSURANCES BY VERNON CONTRACTORS
54.0 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.
55.0 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.
56.0 Nothing contained in this Contract shall be construed in any manner so as to require or permit any
act which is prohibited by law.
57.0 All work shall conform to City of Vernon's Operator Qualification Plan.
58.0 Contractor shall include provisions 55.0 — 57.0, inclusive, of this Contract in each of its subcontracts.
59.0 A finding by the State Fair Employment and Housing Commission that Contractor has engaged in
any unlawful employment practice (as defined in California Government Code, Sections 12900 et seq.)
during the term of the Contract shall be deemed a breach of this Contract.
60.0 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay any and all costs associated
therewith, any Vernon Business License, which may be required by the Vernon Municipal Code.
61.0 MAINTENANCE AND INSPECTION OF RECORDS.
(a) The City, or its authorized auditors or representatives, shall have access to and the right to
audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is
receiving all services to which it is entitled under the Contract and/or is paying only the amounts to which
Contractor is properly entitled under the Contractor for other purposes relating to the Contract.
(b) The Contractor shall maintain and preserve all such records for a period of at least 1-year
after termination of the Contract.
(c) The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor
shall, upon request, promptly deliver the records to the City of Vernon.
62.0 CONFLICT. Contractor hereby represents, warrant: and certifies that no member, officer or
employee of the Contractor is a director, officer or employee of the City of Vernon, or a member of any of its
boards, commissions or committees, except to the extent permitted by law.
63.0 PROGRESS PAYMENTS. Based upon applications for payment submitted Monthly to the City of
Vernon by Contractor and subsequent to approval thereof by the City within 10 business days, the City shall
make progress payments to Contractor net 30 days. Payments over 30 days will be assessed 1.5% per
month. Payments shall be in an amount in proportion to the amount of work completed. The City shall have
the right to communicate with the subcontractors, suppliers and materialmen of Contractor to verify that
payments are being promptly made by Contractor.
A. Material will be billed on cost plus 15%
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:
Leonis C. Malburg, Mayor
ATTEST:
By:
Bruce V. Malkenhorst, City Clerk
APPROVED AS TO FORM:
By:
Eduardo Olivo, City Attorney
CONTRACTOR
By:
Title:
By:
Title:
NOTE: If the Contractor is a corporation, the legal name of the corporation shall be set forth above, together with
the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the Contractor is
a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or
partners authorized to sign contracts on behalf of the partnership; if a special partnership, the names of the
general partners and special partners shall be shown; and if the Contractor is an individual, his full name shall be
typed or printed above his signature.
BOND FORMS AND INSURANCE REQUIREMENTS
Contractor shall furnish a Workers' Compensation Certificate in substantially the form shown
herein and shall give both a 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.
WORKERS' COMPENSATION
CERTIFICATE
The undersigned is aware of the provisions of Sec. 3700 of the Labor Code which requires every employer to
be self -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:
Dated:
By:
Title:
NOTE: If the Contractor is a corporation, the legal name of the corporation shall be set forth above, together with
the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if the Contractor is
a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or
partners authorized to sign contracts on behalf of the partnership; if a special partnership, the names of the
general partners and special partners shall be shown; and if the Contractor is an individual, his full name shall be
typed or printed above his signature.
Workers' Compensation Certificate -1
LABOR AND MATERIAL PAYMENT BOND
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 , hereinafter designated as the
"Principal," a Contract for the
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 , as Surety, are held
and firmly bound unto the CITY OF VERNON in the penal sum of
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, 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 18806 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
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, shall 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 of this instrument each of which shall for all
purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on
the day of 2001.
Name: (Principal)
(Attach Acknowledgment)
By:
Name:
(Surety)
By:
(Attorney -in -fact)
APPROVED AS TO FORM:
Eduardo Olivo, City Attorney
Labor and Material Bond - 2
CONTRACTOR'S ACKNOWLEDGEMENT OF
INSURANCE REQUIREMENTS
The 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:
Contractor:
By:
E-11
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):
Coverage and Limits
Bodily Iniury 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
Il. 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
$1,000,000
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.
3. An endorsement providing coverage for all operations under City of Vernon Contract number.
4. 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-11
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:
Eduardo Olivo
City Attorney
E-11
INSURANCE FORM LETTER
(To be issued on insurance carrier letterhead)
Date: S
A
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:
1 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 carver.
Signature
Title
(Notary)
EXHIBIT "A"
SPECIAL PROVISIONS
I. GENERAL
STANDARD SPECIFICATIONS
SPECIAL PROVISIONS
For the purpose of this contract, Standard Specifications
for public works construction Southern California Chapters
American Public Works Association and associated general
contractors of America, 2000 edition, and CPUC General Order No.
112 E and the Pipeline Safety Regulations, Natural Gas Parts,
191, 192 and 199 as issued by the United States Department of
Transportation shall apply.
Examination Of Site
The contractor must examine the site and judge at his own
responsibility the location, physical conditions and surroundings
of the proposed work.
Traffic Control
All project sites must have a minimum of one lane open in
each direction at all times.
The Contractor must furnish and maintain Type III and Type,
II barricades with flashers at the removal areas and pipe stock
piles. Flashing arrow board shall be used on all job site
roadways.
Access to places of business must be provided by the
Contractor at all times. Contractor is responsible for
furnishing and maintaining traffic control during project.
Traffic control shall be in accordance with the Work Area
Traffic Control Handbook. The contractor must submit traffic
control plans to the City Engineer for review and approval.
The City will prohibit parking in work area during
construction on 24 hours notice. All traffic and 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 ofWorkUpon Highways.
1
SPECIAL PROVISIONS
Trenches shall be backfilled every night. Trench ends may
steel plated if permitted by the inspector. Intersections shall
be slurry backfilled with a 3/4 sack of cement per one yard mix
from property line to property line.
Coordination of Activities
The Contractor shall coordinate all work activities with
utility companies, property owners, railroads, affected agencies
and the City Contractors.
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.
Work Time
Work time shall be between 7:00 a.m. and 3:30 p.m. Monday
thru Friday, unless otherwise noted. Gas main installation on
certain streets shall be performed at night (from 7:00 p.m. to
4:00 a.m.). These streets are Downey Road and Soto Street. No
work shall be performed on legal holidays.
Dust Control
The Contractor shall abate dust nuisance by cleaning,
sweeping and sprinkling water by a water truck when requested by
the Inspector.
National Pollutant Discharge Elimination System (NPDES)
The Contractor shall obtain an NPDES permit. The Contractor
shall prepare a Storm Water Pollution Prevention Plan. Said plan
shall be approved by the City prior to the start of construction.
Utility Lines
Utility line locations shown are only approximate. The
Contractor shall make exploratory excavations to determine the
exact location and depth of utilities. After the exact location
of a utility has been determined, the City will have 48 hours to
determine the exact line and grade of the pipe so as to clear the
utility locations.
Electrical conduit in the vicinity of railroad warning
2
SPECIAL PROVISIONS
devices are not shown. Care should be taken when excavating.
Service laterals for some utilities and telephone lines have
not been shown on the plans. It shall be the Contractors
responsibility to protect all services. All abandoned pipes
interfering with the construction of the gas main shall be cut
and plugged at both ends with 8 inches of concrete or brickwork.
Paving
The top one inch shall be C2-AR4000 and the remaining base
course shall be B-AR4000. Finished trench surface shall be flush
with adjacent pavements. The common thickness of the pavement
within the construction area is between approximately 8 to 12
inches of A.C.
Concrete
Any concrete work shall be to City of Vernon Standards.
Pipe Cleanin
The pipe shall be thoroughly cleaned of all debris and soil
by the Contractor before installation. Line pigging will be
required when foreign material enter the main line during
installation. In a few sections of the gas main system, sand and
moisture have been encountered. The contractor is required to
hydro wash and swab the 6 inch gas main when such conditions are
encountered during installation of the new couplings. In cases
where cleaning and swabbing involves a tee, the contractor must
use a method, approved by the City Engineer, to prevent debris
and moisture entering the tee. This may require the contractor
to dig, expose gas main, cut the pipe just outside of the tee and
cap in order to prevent debris` and water from entering the
connecting,. gas main. All costs for such work will be paid for by
the City. The limits shall be determined by the City Engineer.
Valve Removal
During the replacement of the existing couplings, due to the
proximity of the existing couplings to the main valves, it may
become necessary to remove the valve in order to change out the
coupling. The City will keep the removed valves.
PIPE ALIGNMENT
It has been noticed that in some cases a number of couplings
have been installed under tension caused by out of alignment of
3
SPECIAL PROVISIONS
the joining pipes. The locations for these couplings are not
known. After the Contractor exposes the couplings and such case
is encountered, then the Contractor shall do additional
excavations as directed by the City Inspector to remove
additional 6 inch polyethylene gas main in order to align the
pipes appropriately.
Compliance with Pipeline Safety Regulations - Drug and Alcohol
Testing
The Contractor shall comply with the requirements of 49CFR
part 199-Drug and Alcohol Testing during the term of this
contract. The Contractor shall maintain the necessary records to
ensure compliance with this regulation. Such records shall be
available for inspection by the authorized representative of the
City upon reasonable notice.
Policy
All work involving this Project shall be done in such a
manner as to not endanger either the general public or company
employees.
The handling of pipe must be conducted in a manner so as to
avoid or minimize interference with vehicular or pedestrian
traffic.
All installations must be performed in accordance with
procedures defined within these Special Provisions.
All known existing utilities shall be hand exposed prior to
digging, as required by law.
All pipe shall be installed per City's Standard Plan.
Polyethylene pipe with scratches and gouges deeper than 100
of the wall thickness shall be replaced.
Pipeline Installation
All pipe and fittings shall be joined by qualified
personnel.
City representative shall be present when the work is being
done.
Gas piping shall be installed in such a way that shear,
tensile or compressive stresses resulting from construction,
backfill, thermal contraction or external loading are minimized.
4
SPECIAL PROVISIONS
The integrity of the pipe or coating is to be inspected at all
times.
Yellow tracer wire shall be installed with all polyethylene
piping.
Pipe shall be inspected for damage or imperfections at all
excavations as it is installed.
All polyethylene pipelines shall be tested as required by
General Order No. 112 (prefabricated pipe shall be air tested).
Any utilities damaged, including but not limited to, sewers
storm drains, water, gas, telephone power and private lines and
associated laterals as a result of the excavation shall be
repaired at the contractor's expense.
Pipe Repair Requirements
Damaged polyethylene pipe and/or fittings shall be cut out
and replaced using approved joining methods.
Electrofusion is the preferred method for replacing sections
of polyethylene pipe. Creating offsets to accommodate iron
heated socket fusions should be avoided.
After repair, test the entire polyethylene pipe and coupling
for 60 minutes at 100 psig.
If the polyethylene pipe surfaces are determined to have
been damaged when installed, immediate steps must be taken to
repair or replace the affected segments of pipe.
All new installations shall be pressurized and soap tested
in sections for any possible leaks prior to any backfill. The
test pressure shall be 60 psig.
Safety Requirements
Keep sidewalks, streets and working area free from tangled
hoses and equipment which may cause tripping or injury to a crew
member or the public.
II. EXCAVATIONS
Permits
The Contractor must obtain a permit from the Division of
Occupational Safety and Health (DOSH) prior to commencing trench
5
SPECIAL PROVISIONS
works. A copy of the permit must be submitted to the City
Inspector.
Shoring
The Contractor shall submit shoring plans to the City
Engineer prior to construction. All trenches 5 feet or deeper
shall be shored at all times.
Surveying
Request for staking and surveying shall be made five (5)
working days in advance of the need of marking. Request for
staking and surveying should be made to the City's Inspector.
Trench
Existing pavement shall be saw cut. The maximum trench
width shall be the outside diameter of the pipe plus eighteen
inches. The initial backfill shall be to a height of at least
twelve inches (12") above the top of the pipe. (In places where
the top of the pipe has less than five feet (5') of cover, steel
plates must be provided for vehicular crossings.)
The trench shall be backfilled to City of Vernon standard. (See
attached standard drawings). The trench bed shall be free of
debris, sharp rocks, etc.
Soils Condition
The common soil encountered throughout the City has been
determined to be sandy. The top 18 inches of the base is
composed of one sack sand slurry (see our typical trench paving
section). The City holds records of offsite logs of boring. The
contractor is encouraged to investigate the soils' condition
prior to construction.
Undermining and Displaced Roadway Surface
At any point along the trench where the adjacent pavement
becomes undermined or displaced, the pavement shall be saw cut,
removed and replaced as part of the trench paving operation. The
Inspector shall determine the extent to which the pavement shall
be removed.
Stabilization
All wet or pumping soil shall be removed, air dried and
replaced.
Pipe shall be bedded as shown in the trench standard detail.
n
SPECIAL PROVISIONS
The trench bottom shall be free of debris, sharp rocks or any
other matter, which may damage the pipe.
Minimum Cover and Clearance
The gas main shall be aligned and as shown on the plans.
Please refer to the section on utility lines. In no case shall
the gas main be installed with less cover than thirty inches
(30") for polyethylene pipe, as measured vertically from the top
of the pipe to the top of the pavement.
The gas main shall be installed with twelve inches (12")
clearance from all underground structures. The City Engineer may
approve smaller clearances. The City Engineer may require the
Contractor to encase the gas main in steel pipe or concrete when
less than 12" separation exists.
Trench Backfill (Outside Intersections)
Clean natural soil shall be used for trench backfill,
including pipe bedding, which meets the standard defined in the
Standard Drawings and Specifications.
Initial backfill shall be placed so that the bottom one-
third of the pipe rests on a dense compacted bed of initial
backfill. The pipe bed shall have a minimum thickness of four
(4) inches. Backfill material shall be placed on both sides of
the pipe and forced under the haunches to insure proper bedding.
Initial backfill shall be placed and compacted to a minimum depth
of twelve (12) inches above the top of the pipe. Backfill shall
be placed.in a manner so as not to damage the pipeline. See
Standard drawings for further detail.
Compaction
All trenches and subgrade below eighteen inches (18") shall,
be compacted to a relative compaction of 90
Excess Dirt
Excess dirt shall be hauled away by the contractor at City's
expense. No spoil pile shall remain in the street right-of-way
overnight.
III. POLYETHYLENE GAS PIPE
7
SPECIAL PROVISIONS
Scope
This section covers the installation of new polyethylene
(PE) gas pipe. The pipe shall be as specified herein and
installed at the locations shown on the drawings.
Mn f-cri n 1 Q
Work materials supplied by the Contractor shall include but
not be limited to the following:
(1) PE Pipe (Straight Sticks Only)
All plastic pipe installed shall be medium density PE 2406
TR-418 "GAS" pipe manufactured in accordance with the latest
listed edition of ASTM D-2513. The design pressure for the pipe
shall be 60 psig. The pipe SDR shall be 11.5. The pipe shall be
from one of the following approved manufacturers; Plexco,
Phillips or approved equivalent.
(2) PE Fittinqs
All plastic fittings shall be medium density PE 2406, TR-418
"GAS" fittings manufactured in accordance with the latest listed
edition of ASTM D-2513 and ASTM D-3261. All fittings, 1"-8",
shall have Butt End outlets. Approved manufacturers for fittings
shall be the same as the approved manufacturers for the pipe.
(3) Electro Fusion Fittings
All electrofusion fittings shall be manufactured•in
accordance with the latest listed edition of ASTM D-2513 by the
trade name of Central Electrofusion System.
(4) Tracer Wire
All yellow tracer wire shall be *10 stranded copper wire
with HMW PE coating rated for underground burial at 600V. The
tracer wire shall be tested after pipe installation by the
contractor. Any required repairs shall be made by the
contractor.
(5) Split Bolt Connectors
All split bolt connectors shall be copper size M Split
bolts shall only be used in open trenches, coated with Aqualseal
and 3M electric tape.
(6) Electrical Tape
8
SPECIAL PROVISIONS
All electrical tape required to attach tracer wire to mains
and services and wrap split bolts connectors shall be supplied by
contractor.
(7) Temporary and Permanent Fencing
All temporary and permanent fencing shall be installed and
maintained by the Contractor in accordance with the Contract.
Equipment
The Contractor shall have the fusion equipment necessary to
install the pipe and appurtenances referred to in the drawings
and Project Specifications including but not limited to the
following items:
Note: All equipment shall be in good working order and properly
maintained during project installation. The City will inspect
the following items and reject those not in compliance. The City
shall have the right to reject any or all equipment judged
inadequate to properly fuse PE Pipe and its fittings.
(1) Large Diameter Butt Fusion Machine
The Contractor shall provide butt fusion machine(s) capable
of fusing 2"-8" PE pipe with the following features:
Butt fusion machine shall have freely moving pipe clamps,
dirt and rust free aligned guide rods, and clamp inserts for
8",6",4",3" and 2" pipe.
Pipe facer shall attach to the butt fusion machine. Facer
shall have sharp properly aligned blades. Facer may be manually
or electrically powered.
Electrically powered heating iron shall have unscratched
clean teflon coated faces. Heating iron must have a thermometer
and temperature setscrew for calibration.
(2) Electro Fusion Machine
The Contractor shall provide Central Electrofusion control
box, transformer, tapping tee alignment clamp, tapping wrench,
pipe scraper and pipe alignment clamp.
(3)
Electric Generator
9
SPECIAL PROVISIONS
The Contractor shall provide a generator capable of
producing 5000 WATTS at 120 VAC and 60 Hz.
(4) Steel Deck Plates
The Contractor shall supply all deck plates required to
cover excavated areas. The deck plates shall be of sufficient
thickness to support the maximum anticipated traffic load. The
plates shall have square edges that allow them to be squarely
butted together. The plates should be pinned and temporary A.C.
placed around plates. Plate surfaces shall have a coefficient of
friction meeting or exceeding California Department of
Transportation requirements.
Installation
(1)- Handlinq of Plastic Pipe
Extreme care must be exercised when handling plastic pipe.
PLASTIC PIPE SHALL NOT BE DRAGGED ON THE GROUND OR ON PAVED
SURFACES
(2) Pipe Scratches or Cuts
Pipe that has scratches, notches, cuts or any other
abrasions that exceed 10% of the pipe wall thickness shall not be
used on the project and shall be disposed of. The Contractor
will be responsible for the cost of all defective or damaged pipe
that he accepts or damages. The Contractor shall use pipe
stands, or other means to avoid damaging the pipe during
installation. The Contractor shall observe the pipe during
installation for scratches, gouges or other defects. The pipe
shall not be out of round in any direction by more than 5%. If
defects are present, the Contractor shall remove and discard the
damaged section of pipe.
(3) Minimum Bending Radius
The minimum bend radius for plastic pipe is twenty
times the outer diameter. The Contractor shall not bend plastic
pipe to a radius less than twenty times the outside diameter of
the pipe.
Fittings shall not be installed in pipe that is bent or
curved to conform to trench dimensions.
(4) Butt Fusions
10
SPECIAL PROVISIONS
All butt fusions must be performed by the Contractor's
employee(s) qualified by the City to install butt fusions.
NON -QUALIFIED CONTRACTOR EMPLOYEES SHALL NOT BE ALLOWED TO
PERFORM PE JOINING
All butt fusions must be performed in the presence of the
City's_Inspector. Pipe fusions shall be conducted in accordance
with the Section VI "PE Gas Pipe Procedures,".
Fusion joints shall be allowed to cool for the times
specified in Table 1, "Butt Fusion Parameters," shown in said
procedures, prior to movement of the pipe/joint.
(5) Tracer Wire (only in open trench operations)
Tracer wire shall be attached to the pipe with electric tape
at intervals not exceeding three feet (3`). All connections
between tracer wires shall be made with the split bolt connectors -
and Aquaseal and electric tape wrapped with electric tape. The
tracer wire shall be tested for continuity after backfill by the
Contractor. Any required repairs shall be made by the Contractor
at no cost to the City.
Final Pressure Test
Air pressure tests on the entire system bounded by Vernon
Avenue, Downey Avenue, Fruitland Avenue and Soto Street are
required on all PE gas mains prior to acceptance by the City.
The test will be conducted for a minimum time of twenty-four (24)
hours with 100 pounds per square inch gauge (psig) air on entire
system. A pressure chart recorder shall be provided to*document
all air pressure tests. The pressure shall not decrease during
the test period.Testing shall be in accordance with D.O.T.
Section 192.513.
Reduce the air pressure to 60 PSI after testing gas mains. Leave
the pressure in the main.
Inspection
The City will have a full time Inspector qualified to
inspect PE pipe installations at the job site. The Inspector has
the right to reject any fusions not meeting City requirements.
The Contractor shall remove and replace all fusions not meeting
the City's requirements at his or her expense.
IV. POLYETHYLENE GAS PIPE PROCEDURES
SPECIAL PROVISIONS
POLYETHYLENE PIPE FUSION QUALIFICATION REQUIREMENTS
(1) General Conditions
The Contractor shall have qualified employees perform the
polyethylene pipe joining as per PIPELINE SAFETY REGULATIONS PART
192 Subpart F.
The City will test the Contractor's employee(s) intending to
fuse polyethylene pipe for the purpose of qualifying said
employee(s) to fuse on City piping. Said employee(s) will be
deemed the qualified fuser(s) and shall be the only person(s)
performing fusions on the job site.
OPERATOR QUALIFICATIONS PROGRAM
Work performed under this contract must meet the
requirements of The Vernon Gas Utility Operator Qualification
Program (VGOQP). Individuals performing covered tasks must be
qualified under the VGOQP or supervised by a qualified
individual. For further information, contact the Gas System
Superintendent at (323) 583-8811 extension 339.
(b) HEAT FUSION TOOLS FOR BUTT FUSION
(1) Heating Iron
The heating irons are NOT EXPLOSION PROOF and shall not be
used in any area with gas present while still connected to a
power source.
An electrically resistive coil in the heating iron maintains
the temperature at a level sufficient for fusion. The irons
operate on 110 volts A.C. with power requirements ranging from
250 watts (Mini Mc) to 1750 watts (Auto Mac). Teflon coating
faces are utilized on both sides of the iron. Extreme care must
be exercised to avoid scratching the faces, and only cotton
cloths should be used for cleaning. The faces are either an
integral part of the iron (Mini Mc) or are detachable and must be
recoated when scratched. A dial type thermometer is placed next
to the handle. The iron temperature can be adjusted by changing
the calibration set screw.
(2) Butt Fusion Machine
The butt fusion machine consists of mobile and stationary
alignment clamps that hold the pipe ends during the fusion
process. These clamps transfer the force and associated pressure
12
SPECIAL PROVISIONS
required to fuse the pipe.
(3) Alignment Clamp Inserts
Two sizes of inserts are supplied for the Mini Mc ( and l"
CTS). Two sizes of inserts are supplied for the 4" machines (2"
and 3" IPS). The Auto Mac machine also has two inserts (4" and
6" IPS)
(4) Facer
A manual facer is provided for the Mini Mc machine.
Electrical facers are provided for the other machines. These
electrical facers are NOT EXPLOSION PROOF and shall not be used
in any area with gas present.
(5)- Electro Fusion
Follow manufacturer's installation procedure.
(6) Miscellaneous Tools
(i) Pipe Cutters
(a) "flier" type cutters for use on 1-i�" - 2" IPS
sizes.
(b) A Gullitine cutter shall be used on 3" and
larger sizes.
(ii) Pipe Squeeze Off Tools
(a) Manual squeeze off tools are provided for 1-�"
2" sizes. These tools are equipped with
stops for each pipe size that prevent over
squeezing of the pipe.
(b) Hydraulic squeeze off tools are necessary for
the larger pipe sizes, 3" - 6 These tools
are also equipped with stops for each pipe
size.
(iii) Pyrometer - The pyrometer is used to check the
surface temperature of the heating irons. It consists
of a hand held display unit and an attached surface
probe
Butt Fusion Procedures
13
SPECIAL PROVISIONS
(1) Energize the heating iron. Once the heater has reached
maximum temperature and the generator cycles off, check the
thermometer for 5000 250F.
At the start of each week, the reading of the dial
thermometer should be checked against the surface temperature by
use of the pyrometer, and the heating iron calibration set screw
should be adjusted accordingly.
(2) Install the proper size alignment clamp inserts if
required.
(3) Inspect the pipe and/or fitting ends and cut off any
damaged or flattened portions.
(4) Clean each pipe/fitting end with a clean cotton cloth
and place them in the alignment clamps. Pipe ends should overlap
the alignment clamps by approximately". NOTE: WHEN USING THE
MINI MC DO NOT OVER TIGHTEN THE CLAMP KNOBS. OVER -TIGHTENING CAN
FLARE THE PIPE ENDS CAUSING MISALIGNMENT.
(5) Place the appropriate size facer on the tubing ends
(Mini Mc) or the motorized facer on the guide rods and bring the
pipe ends in contact with it. Turn the manual facer in the
direction of the arrow or turn the motorized facing unit on and
apply light force on the carriage lever to advance the pipe ends.
The motorized facer speed will increase when the pipe has
bottomed out.
(6) Retract the carriage lever and remove the facer.
Discard the strips of material from the pipe ends taking care
not to touch the clean surfaces. Check the discarded strips to
insure that a continuous length from the entire diameter has been
removed.
(7) Check alignment of the pipe ends and adjust for
high -low if necessary. If an adjustment is made or a visible gap
exists between the pipe ends., repeat the procedures from Step 4.
(8) Place the heater on the guide rod(s) and bring the pipe
ends into contact with it. Maintain a light force on the
carriage until a small melt bead forms around the entire
circumference of both pipe ends. Relax the force on the carriage
but keep both pipe ends in contact with the heater and start the
melt time cycle. Refer to Table 1 for proper melt times.
(9) After the melt time has been observed snap the carriage
back (open) and quickly remove the heater being careful not to
14
SPECIAL PROVISIONS
hit the melt.
(10) Inspect the pipe ends for complete melt. Bring the
pipe ends together quickly, DO NOT SLAM, applying only enough
pressure to form a double roll back bead. The proper bead
thicknesses are shown in Table 1. Over -pressuring the melt will
cause the bead to overlap itself resulting in a subquality fusion
due to displacement of the melt to the OD and ID of the joint
leaving a cold ring in the center. Under -pressuring can result
inadequate fusion due to insufficient contact pressure in the
melt area.
(11) Maintain the pressure exerted on the fusion area for
one minute for =!�"-4" sizes and for three minutes for 6
Relaxing the pressure prior to expiration of the cooling time can
result in porous fusion joints.
(12) Allow the joint to cool for an additional ten minutes
prior to removal from the alignment clamps. The pipe can now be
handled with care. Complete cooling requires approximately
twenty minutes
(13) Check the melt bead for uniformity and size. If the
joint exhibits poor characteristics, determine the cause, make
the necessary corrections, cut out the suspect joint, and repeat
the procedure from Step (4) through (12).
(14) Clean the heater faces with a clean cotton cloth. DO
NOT use synthetic cloths or metal implements.
TABLE 1:. Butt Fusion Parameters
15
SPECIAL PROVISIONS
Pipe Size
Melt Bead
Size
Heating
Time
(seconds)
Hold
Time
(seconds)
Cooling
Time
(minutes)
CTS
1/16"
3-6
60
3
1" CTS
1/16"
5-9
60
3
2" IPS
1/16"-1/8"
15
60
4
3" IPS
1/8"
20
60
4
4" IPS
1/8"
20
60
4.
6" IPS
3/16"
30
180
10
Electrofusion Procedures
(1) Fusion Sequence
Follow manufacturer's procedure.
(2) Couplings
(i) Cut the pipe ends at square angles.
(ii) Using the supplied ratcheting scraper tool, remove
all surface oxidation from the pipe end areas that are
to be fused. (Only required for 2" and larger sizes;
use a paint scraper for II�" & 1" sizes.) DO NOT use a
knife or sandpaper in the scraping operation.
(iii) Remove all shavings from pipe ends.
(iv) Remove the coupling from its protective bag.
(v) Soak a clean cotton cloth in alcohol and clean the
inside of the coupling and at least one coupling's
length of both pipe ends. Care must be taken to avoid
contaminating cleaned areas.
(vi) Mark on each pipe end the proper depth of
insertion (half the coupling length) with a felt
marker.
(vii) Slide the coupling fully onto one of the cleaned
pipe ends and attach the alignment clamp (only required
for 2" and larger sizes).
16
I
SPECIAL PROVISIONS
(viii) Butt the other pipe end up to the one within the
coupling and attach it to the alignment clamp.
(ix) Center the coupling between the previously
applied insertion depth marks on the pipe ends.
(x) Fuse according to FUSION SEQUENCE (see above).
Approximate fusion times are shown in Table 2. If the
fusion cycle exceeds 1.5 times the values listed in
Table 2, FUSION HAS FAILED, depress the Fusion Stop
Button and cut out the coupling.
(xi) Once the fusion cycle has ended, mark the time of
day on the pipe with a felt tip marker.
(xii) Do not remove the assembly from the alignment
clamp until the appropriate cooling times, as shown in
Table 2, have expired.
(xiii) Pressure/Leak test the coupling after the
cooling times, shown in Table 2, have been observed.
TABLE 2: Electro Fusion Coupling Guidelines or as
Specified by the Manufacturer
Pipe Size (inches)
Heating Time
1
2
3
4-
6
18
28
76
130
250
350
(seconds)
Cooling Time
10
10
15
15
25
30
(minutes)
PE Gas Main Ins.tallation Procedures
(1)- Direct Burial of PE Gas Main
17
SPECIAL PROVISIONS
W Excavate as directed by the City Engineer.
(ii) Make sure trench bottom is level and free of sharp
objects, rocks or other materials that may damage pipe.
(iii) Shade trench with sand, and level sand as needed.
(iv) Attach 410 copper tracer wire_ to pipe.
(v) Install PE pipe in trench and snake it. Observe
pipe during installation for scratches, gouges or other
defects. Avoid dragging pipe over rough surfaces and
scratching it.
(vi) Pressure test pipe with 100 prig air.
- (vii) Backfill to top of pipe and haunch the sides.
(viii) Backfill trench with 12" lifts of soil and
compact to 90% compaction.
(ix) Purge pipe of all debris while maintaining air
pressure.
Televising
There are sections of the gas main where the location of the
existing electrofusion couplings are not known. The contractor
is required to run a camera through the six inch PE gas main
(only 4 inch at the valves), as shown on the plans, to find the
exact location of these couplings. Then these couplings shall be
replaced by the contractor with a new Central Electrofusion
Coupling System. The costs for televising and replacing the
couplings shall be paid for by the City.
Existing Couplings
The Contractor shall inform the City Inspector before each
coupling is removed. The City Inspector will number each
coupling for identification. The City crew will collect and
store all removed couplings.
TYPICAL DRAWINGS
18
r
SPECIAL PROVISIONS
G:\Contracts\555\General\Revised SP 555.doc
19
EXHIBIT `B"
Listed below for your review are Henkels and McCoy labor and equipment rates for use with the
Gas Pipeline repair. These are in no way to be construed as prevailing wage rates, they are
however rates that fall within our Union Bargaining Agreement with the IBEW, Local 1245.
These rates are based on normal working hours; shift differential shall apply per our union
agreement for night work.
Hourly
Straight Time
Labor Rates
Foreman
$5525
Truck Driver
$43.54
Operator
$51.86
Fusion Welder (PE)
$43.54
Laborer
$40.06
Equipment Rates Per Hr.
Pickup
$8.90
Trailer
$5.00
1 Ton Truck
$14.00
5 yd Dump Truck
$16.00
Vac Trailer
$29.00
Backhoe 580 Case
$22.00
Backhoe 710 JD
$27.00
10 yd Dump Truck
$24.00
Water Truck
$35.00
Arrow Board
$6.50
Over -Time
$79.56
$62.70
$74.68
$62.70
$57.70
Air Compressor $6.00
2 Ton Truck
$16.00
Asphalt Roller
$15.00
Electro Fuse & Gen.
$18.00
Camera
$79.00
Rod & Swap
$1.75
Bobcat
$20.00
Saw Truck & Saws
$40.00
Grinding Attachment
$22.00
Butt Fusion Machine
$14.00
* * Equipment rates are based on 8 hours minimum and should be considered a daily rate, E.g.;
some equipment will be needed on a daily basis and will be on the work site continually during
the work day but may not be utilized continuous throughout the day. Equipment that is not
required to perform daily operations will be billed on a four-hour minimum. Additional
equipment rates can be provided on demand.