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Resolution No. 2010-157RESOLUTION NO. 2010-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE ISSUANCE OF A NOTICE INVITING BIDS FOR THE INSTALLATION OF STORM DRAIN TRENCHLESS MANHOLE -TO -MANHOLE PIPE LININGS AND SECTIONAL LININGS (POINT REPAIRS) ALONG VERNON AVENUE WHEREAS, the City of Vernon is interested in obtaining bids from qualified contractors for the installation of storm drain trenchless manhole -to -manhole pipe linings and sectional linings (point repairs) in existing storm drain pipes along Vernon Avenue ("Contract No. CS-0015"); and WHEREAS, by memorandum dated October 5, 2010, the Director of Community Services & Water has requested that the City Council of the City of Vernon approve the issuance of a notice inviting bids for Contract No. CS-0015; and WHEREAS, the City Council of the City of Vernon has determined that it is in the best interest of the City of Vernon that such notice be issued in accordance with the formal contract procedure set forth in Section 2.29-4 of the Vernon City Code. 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 directs the City Administrator, or his designee, to issue in accordance with Vernon City Code Section 2.29-4, the written notice inviting sealed bids for Contract No. CS-0015, a copy of which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee,.to make modifications to the notice as he deems necessary that are consistent with the intent of this Resolution. SECTION 4: The City Council of the City of Vernon hereby directs City staff to comply with Section 2.29-4 of the Vernon City Code in the solicitation, receipt, opening, and rejection of bids for Contract No. CS-0015. SECTION 5: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this lstday of November, 2010.- Name: Hilario Gonzales Title: Mayor ATT T: Willard G. m guc'', City Clerk - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2010-157, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, November 1, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this -f- day of November, 2010, at Vernon, California. Willard MqVchi, City Clerk (SEAL) - 3 - EXHIBIT A CITY OF VERNON CALIFORNIA VERNON AVENUE STORM DRAIN TRENCHLESS MANHOLE -TO -MANHOLE PIPE LININGS & SECTIONAL LININGS (POINT REPAIRS) CITY CONTRACT No. CS-0015 BID OPENING DATE: December 8, 2010 COMMUNITY SERVICES, & WATER DEPARTMENT 4305 SANTA FE AVENUE VERNON, CA 90058 (323) 583-8811 TABLE OF CONTENTS A. NOTICE INVITING SEALED PROPOSALS (BIDS).. ................. Page ................................. A-1 B. INFORMATION FOR BIDDERS 1. General . Contract Documents ............................................................ .................................................. B-1 3. . License ............. ...............:........... 4. Proposals ..' ............................. .............................. .........•....... B-1 5. Contract and Bonds •••••••••••••••••••••••••• B-1 6. Addenda ...................................................................... _ ........ B-2 7. Withdrawal of Bid . ............................... ............. 8. Award or Rejection of .......................................................... Bids ............... 9. Bidders Interested in More Than One Bid 10. ............................................ Insurance and Financial Requirements """"""""""'••"......••..•••• B-3 11. PreliminaryEstimate••••••••••••••••••••••••-•• ...................................................... B-3 2. Deductive Items ........................................ ................ B-3 13. Tour of the Site ............• """"""`""""""' B-4 14. Project Description .............'................................... """"""" -4 15. Project Map ........................................... .......•..... ............................................................................ B-5 C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. Proposal .................. 2. Bid Prices ............................ 3. . Materials ................ . .......................................... C-2 4. Subcontractors ............... ................ """"" C-5 . 5. Deposit of Security ............................................. ...................................:.......................... •.•• C-6 . Bonds 7. Withdrawal .............................................. ... C-7 8. Principals ................................................................................. .............. 9. License and Signature ............................................... ................................................... 10. Bidder's Qualifications ..................................................... 11. Contractor's Acknowledgement of Insurance Requirements. .................................................... C-10 D. CONTRACT Article 1. GENERAL ........... Section 1. Scope of Work.......... Section 2. Term of Contract ....................................... ...... . ..................................................... Section 3. Consideration ••••••••••••••••• • D-1 ..................................................................................:.................... Section 4. Payments """" •' -1 Section 5. Contract Documents .................... .D-2 ............................................................... _ Section 6. Compliance with Provisions of Law ............... .... Section 7. Costs and Attorney's Fees •••• .. D-3 Section 8. Notices ...D-3 Section 9. Conflict with Plans and Specifications ............................• ...D-3 Section 10. Assignment ................................ ..... D-3 Section 11. Paragraph Headings ..................:...................................................... Section 12. Authority of the City's Representative ............................................................................D,4 i Article 2. WAGES, HOURS AND WORKING CONDITIONS ..... Page .................... ........................... D-4 Section 13. General Prevailing Wages........... I ............... D-4 Section 14. Hours of Work ............................... .............D-4 ....................................................... .......... Section 15. Apprentices Section 16. Subcontractors........................................................................ D-4 ............:............................. Section 17. Discrimination, ......................... ........ D-5 ................... Section 18. Safety..................:........................................ D-5 Section 19. Competence of Workers ...................................................................... D-5 Article 3. INSURANCE, INDEMNIFICATION AND BONDS ........:.......... D-5 Section 20. Insurance .... ........... ................... . Section 21. Indemnification .................. D-6 ................................................................ Section 22. Workers' Compensation.................:. ......................................:..................................,.. D-6 Section 23. Labor and Material Bond ................................... ... D-6 ......................................................... Section 24. Performance Bond .............................. .................. D-6 Article 4. PERFORMANCE .................................. Section 25. Time for Completion ..................................... ...................................................... ....... Section 26. Force Majeure .................................... D-6 ...........:...................................... ......:................. Section 27. Utility Relocation .................................. D-7 Section 28. Public Convenience D-7 ...................... Section 29. Excavations D-7 ...................: ........................... Section 30. Extra Work D-8 ...................................................... ..............................:.:..................... Section 31. Clean -Up ........................................:......... D-8 ................................................ .......... ...... Section 32. Materials .... D-9 ..................................................................................................... Section 33. Permits and Licenses ............. ............. .....................................:....................:......... Section 34. Land and Rights of Way ................ D-9 ........... . Section 35. Plans and Drawings D-10 ................... ....... :................................................. Section 36. Shop Drawings Submitted by the Contractor I............. D-10 ............................. . ....................... Section 37. Supervision by the Contractor D-10 ...................................... .............................................. Section 38. Inspection of Work D-11 ...............:.................................................................... Section 39. Correction of Defective and/or Unauthorized Work D-11 ...............:....................... ...................D-12 Section 40. Errors or Discrepancies Noted by the Contractor, .................................. ..... . ....................... Section 41. Equipment D-12 ............................ ...D-12 ..................................................................................... Article 5. MISCELLANEOUS.............................D-12 ..................................::................... Section 42. Damages for Delay ........................ ......................... Section 43. Guarantee ................. Section 44. Risk of Loss Prior to Final Acceptance .................. Section 45. Termination ........................... Section 46. Records, Inspection, and Audit ................. Section 47. Standard Specifications ....................................... Section 48. Independent Contractor ...............................: Section 49. Waiver Section 50. Governing Law ....................................... ................. Section 51. City Not Obligated to Third Parties ........................ Section 52. Dispute Resolution ...................... M ..................................................... ..D-12 ..................................................... ..D-13 ..................................................... ..D-13. ..................... :............................... ..D-13 ..................................................... ..D-14 ..................................................... ..D-15 ..................................................... ..D-15 .................................................... ..D-15 .................................................... ..D-15 .................................................... ..D-15 .................................................... ..D-15 Page Section 53. Assignment of Unfair Business Practices ....................................................... D-16 Section 54. Entire Agreement ................................:.. . D-16 Section 55. Headings and Captions .................. D-16 ...................................................................... Section 56. Authority to Execute this Contract ..................:............ ............ D-16 ....................................... Section 57. Severability ....................: .................... Section 58. Counterpart and Duplicate Originals .......................... ....... D-17 Section 59. Survival of Terms .................... D-17 ............................................................... E. BOND FORMS AND INSURANCE REQUIREMENTS .............................: Workers' Compensation Certificate ............................................E-2 Performance Bond ..:.. Labor and Material Bond ................;.............................................................. ..................... E-3 .......................................................... Insurance Schedule ................................ E-7 DocumentationRequired ....................................... ..:............................................................ Proof of_.Insurance, Approval as to Form ........................ E-8 Sample Irrevocable Letter of Credit ................... ........................................................... E-9 F. SPECIAL PROVISIONS .................. F-1 I. GENERAL ............ ...... .......... F-1 ................. Standard Specifications ............................. ..........: .. F-1 ......................................................... ............ Examination of the Site ................... F-1 Mobilization ........................... Traffic Control .................................................................... Prohibited Parking In Work Area..... .............:. ..... F-1 ...................................................................... ......... . Construction Schedule ............................. ... F-1 ................. Construction Hours .................................................................... F-2 Construction Signs ......................0........ Construction Activities Coordination .......................................................... F-2 Material Submittals...................................0. .............. F-2 ............................................................ Public Convenience F-2 ...........................................................:....... . ............ Temporary Water Meter F-2 ............................................................. Private or Public Property Damage ............... F-3 ................................................................... ................ Cleaning of the Site During Construction ................. ......................_ F-3 ................................................:... Storm Water Pollution Prevention Plan (SWPPP) ........... ....... F-3 ................................................ Sanitary Facilities .............................:.................... F-4 .........................................:........... .......... Unit. Prices ::......:......:.............:... ..... F-4 ............................................................. ............ Existing Offset Manholes on Vernon Avenue ...................... F-4 Additional Pipe Quantities ...................................:. ..... F-4 II. TRENCHLESS MANHOLE -TO -MANHOLE PIPE LININGS & POINT REPAIRS .......... F-4 500-1.1.1 General 500-1.1.4 Cleaning and Preliminary Inspection ............................................... ......................... F-5 500-1.1.5 Television Inspection ..................................................... F-5 ........................................... 500-1.I.7 Miscellaneous ............................ ........... F-5 500-1.2 Pipeline Point Repair 500-1.4 Cured=In-Place Pipe Liner (CIPP) 500-1.7.5 Chemical Resistance and Physical Testing ............................................................... F-6 ........................................ 500-1.7.6 Installation and Field Inspection F-6 ................................................................... 500-1.7.7 End Seals ...................... F-6 G. STANDARD PLANS im 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 Wednesday, December 8, 2010 (according to the. clock in the City Clerk's office), for the furnishing to said City of all transportation, equipment, materials, labor, supplies and services necessary for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs). Proposals (Bids) shall be submitted to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 At said time, the bids will be opened in public and announced at the offices of the City. Bids shall conform to and be responsive to the requirements for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs) and must be accompanied by a bid bond. The City Council of the City reserves the right to reject any and all bids. Copies of the Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs). Proposals (Bids) are on file and may be examined in the office of the City located at: mailed). 2010. Community Services & Water Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies may be obtained from said office with a nonrefundable deposit of $20.00 per set ($4000 if Dated at the office of the City Clerk of the City of Vernon, this — day of WILLARD YAMAGUCHI, 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 for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to - Manhole Pipe Linings & Sectional Linings (Point Repairs). 2. Contract Documents (a) The Contract Documents shall consist of the following: Notice .Inviting Sealed Proposals (Bids) Information for Bidders Bid Form Proposal Bid Bond Contract Performance Bond Labor and Material Bond Proof of Insurance Workers' Compensation Certificate Special 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 entered into between the successful bidder and the City. 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. 3. License A bid submitted by a Contractor who is not licensed in accordance with the provisions of Division III, Chapter 9, of the Business and Professions Code of the State of California will not be considered for award. 4. Proposals (a) Bids must be made in accordance with the following instructions: (1) Bids shall be made on the Bid Form Proposal furnished by the City as a part of Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to Manhole Pipe Linings & Sectional Linings (Point Repairs) All bids shall be properly executed with the signatures of all signatories written in longhand. All blank items shall be filled in. Numbers shall be spelled out and written in Arabic figures. If the words and Arabic figures are different, the words shall be used and the Arabic figures disregarded. Erasures, interlineations or other corrections shall be authenticated by affixing next to the mark or correction, or in the margin immediately adjacent thereto, the initials of the signatory(ies) to the bid. If the unit price and the total amount set forth by a bidder, for any item; are not in the Bid Form Proposal, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. (2) Bidders must submit bids on all of the schedules set forth in the Bid Form Proposal. (3) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered except as specified. Oral, telegraphic and/or telephonic proposals or modifications will not be considered. B-1 (4) Bids shall be accompanied by a cashier's check, a certified check, or bidder's bond in an amount equal to 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 the bidder will enter into Contract No. CS- 0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs) if awarded the work. The check or the bid bond may be forfeited to the City if the successful bidder: (1) refuses or fails to execute the Contract within fifteen (15) calendar days after receipt of written notice from the City that the Contract is ready for signature, or (2) refuses or fails to furnish the required Contract bond and/or proof of insurance coverage within thirty (30) calendar days after the City has provided -written notice of award. If no bid is accepted by the City Council, 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 unsuccessful bidder. (b) Before submitting a bid, bidders shall: read Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs), especially the Special Provisions, and all other Contract Documents with care; visit the site of the work, and; be fully informed about all the existing conditions and limitations. The bidder should also be fully aware of the bond and insurance requirements as to the successful bidder. The bid shall specify the amounts to cover the cost of all items included in Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to Manhole Pipe Linings & Sectional Linings (Point Repairs) No allowance will be made because a bidder failed to examine the Contract Documents or obtain the requisite knowledge about the project prior to submitting its bid. (c) Bids shall be sealed in an envelope marked: Contract No. CS-0015 Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pi a Linings & Sectional Linings (Point Repairs) Bids shall be addressed to the City Clerk of the City and shall bear the name of the bidder. Bids shall be delivered to the City Clerk on or before the day and hour for the opening of bids as set in the Notice Inviting Sealed Proposals (Bids). It is the SOLE responsibility of the bidder to see that the bid is delivered and received before the scheduled closing time for receipt of bids. Any bid received after the scheduled closing time 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 any or all of the bids. 5. Contract and Bonds (a) The form of Contract that the successful bidder, as the Contractor, will be required to execute is included in the Contract Documents, and should be examined by the bidder with care. The Contract, bonds and other documents to be executed by the Contractor shall be executed in original triplicate stamped according to law. One original shall be filed with the City and the others with the appropriate City departments. (b) At the time the Contract is executed, the successful bidder will be required to furnish and maintain the following: (1) a Labor and Material Bond in an amount equal to 100% of the Contract price and (2) a faithful Performance Bond in an amount equal to 100% of the Contract price. The bonds shall be secured from a surety company that the City finds acceptable. The surety's name must be on file with the County Clerk of Los Angeles County and/or the California Department of Insurance as an approved and financially sound surety company, authorized to transact business in this state. The bonds shall meet all of the requirements and contain all of the conditions specified in Sections 3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations of the State of California. B-2 (c) If the successful bidder fails to execute the Contract, file the required bonds, and/or file proof of insurance coverage as required by the Contract Documents, the award of the Contract may be annulled by the City and the bid'bond forfeited. 6. Addenda Any addenda issued before the time in which to submit bids expires, and included as a part of the Contract Documents furnished to the bidder for preparation of its bid, shall be covered in the bid and shall be a part of the Contract. 7. Withdrawal of Bid Any bidder may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids (but not after). S. Award or Refection 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 irregularities in bids received. If, in the judgment of the City, a bid contains prices for the various items within the bid that appear to be unrealistically low, or if the bidder is not considered responsible, the bid may be rejected. 9. Bidders Interested in More Than One Bid No person, firm or corporation shall be allowed to make or file, or be interested in more than one bid for the same work, unless alternative bids are permitted. A person, firm or corporation that has submitted a subproposal to a bidder or quoted prices on material to a bidder, may submit a subproposal or quote prices to other bidders. 10. Insurance and Financial Requirements (a) Before entering into .the Contract, the successful bidder shall furnish evidence that workers' compensation insurance, public liability, property damage insurance, and all other insurance specified in the insurance schedule set forth at pages E-7 and E-8 have been procured. The insurer must be an insurance company admitted in and authorized to do business in California and maintain a rating that is acceptable to the City. The insurance procured must be maintained in full force and effect for the entire duration of the Contract. (b) Before the Contract is awarded, any bidder upon request shall furnish a recent statement of said bidder's financial condition and previous construction experience or such other evidence of the bidder's qualifications, as may be required by the City. If not previously provided to the City; the successful bidder shall furnish a recent statement of its financial condition and previous construction. experience or such other evidence of its qualifications before entering into the Contract. 11. Preliminary Estimate The preliminary estimate of quantities of work to be done and material to be furnished, as shown in the Contract Documents, are approximations 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 with the preliminary estimates. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work, as it deems necessary or expedient. The successful 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 B-3 done and those stated in its bidding sheets. Each bid item should be priced to carry its pro-rata share of the costs, overhead and profit. Bidders are cautioned against unbalancing their bid by including more than a pro-rata share of overhead and profit in any bid item. 12. Deductive Items Attention should be paid to Deductive Bid Items. These items have been listed in the Bid Price section of the Bid Form Proposal. All items will be totaled and included in the comparison of bids made by the City. The City has the option of deducting the Deductive Bid Items from the total bid price prior to awarding the Contract. 13. Tour of the Site A tour of the site of the proposed work has been set for Tuesday, November 23, 2010. The tour will start at the office of the Community Services & Water Department, City Hall, 4305 Santa Fe Avenue, Vernon, California at: 10:00 a.m. 14. ' Proiect Description Contract No. CS-0015 involves cleaning, removal and disposal of debris, rock, soil, trash etc., CCTV the exiting pipes, cutting protruding (break in) lateral pipes from the existing 15" & 18" diameter vitrified clay pipe (VCP), and furnish and install new pipe liners using Cured -In -Place Pipe (CIPP) method at the following portion of the street manholes located in the City of Vernon, State of California. (1) Vernon Avenue between Soto Street and Boyle Avenue. • From Manhole No. 2 to Manhole No. 3 — 210 linear feet (15" diameter pipe). • From Manhole No. 9 to Manhole No. 10 — 148 linear feet (18" diameter pipe). The Contractor shall also perform sectional lining (point repair) on 10 sections of cracked pipes along Vernon Avenue between Soto Street, Boyle Avenue and Alcoa Avenue. The new point repair liner shall overlap at least one foot at both ends of cracked VCP pipe joints. The existing pipes must be cleaned by hydro jetting to remove all debris, rock, soil, trash, tree roots, etc. before CCTV. All portions of the protruding (break in) .lateral pipes in the main storm drain line must be cut off for clearance before installation of new liners. Existing lateral connections located within the lining sections shall be cut open and trim the edges for reconnections after completion of the manhole -to -manhole main liner and point repair liner installations. The Contractor shall CCTV lined sections of the pipes (manhole to manhole and point repair) again and delivers 2 sets of DVD and hardcopy printouts to the City for final approval. The quantities of Bid Items may increase depending on the finding of proposed CCTV report before lining. B-4 15. Project Map S'1'N o� U-) O O U gr6 e° O Sb3�e � \°ti Z C) Of O J �b m0 bYyjOh/ W 2 a � � Q J 0 T 7 > m Q m 0 O j O � � 4 a Ab,H w OVON .13NM0o oHnSIM J W Fl U ¢ 3nN3AV b001b 3nN3AV V001V H m Z w w O y O a a p ,'? a J Z nN3 AN IAOEI 3nN3AV 31A06 p- �T N Q z 2 fA /x- Z o Ln J rx- 0° 13381S OlOS I I u) 133HiS O1OS 13381S OlOS Q _ w - ? w - K W 3nN3ntl 3111A3s - W 3� w w w zW z F— l331HHVH , x �^ ¢ 'OAIG OIJ13Vd o j U x 0 N Q W N Z Vn83NIw a N Q o � a 3nN3AV 31 b1NtlS 3nN3AV 3d V1NVS W 0- t z in �n a �n x r z M M > N N N IN N W ssod 3 IUOHJAVH o m 1332115 V03WYIV — B-5 — C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. Proposal WORK TO BE PERFORMED: Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs), Contract No CS-0015 Name of Bidder: Business Address: 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. The work to be performed will be in accordance with the specifications and. Contract Documents of Contract No. CS-0015. 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 a'greesto.perform the Contract within 30 working 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. CS-0015, 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, and that this proposal is made without.. collusion with any person, firm or corporation. The bidder proposes and agrees that if this proposal is accepted, the bidder will execute a Contract with the City that is in substantially the same form as the Contract set forth in the Contract Documents. - C-1 - 2. Bid Prices The undersigned, as bidder, agrees that the bidder will accept in full payment thereof the following lump sum and unit prices, to wit: Perform all the work as specified herein and Special Provisions of Contract No. CS-0015. The total bid price amount includes furnishing all labor, materials, equipment, mobilization, traffic control, disposal of all removals, permits, fees, overhead, profit and taxes associated with the Contract No. CS-0015 with all of the work in place and in working order according to the plan and specification. Item No. 1 Remove, and dispose debris, trash, grease, soil etc. in the existing 15 ", 18" and 21" Vitrified Clay Pipe (VCP) by hydro jetting before CCTV Video Camera Inspection, complete in place, approximately 2,798 linear feet at: (words) (figures) Item No. 2 per linear foot per linear foot (figures) Perform CCTV Video Camera Inspection before installation of new liner in the existing 15", 18" and 21" Vitrified Clay Pipe (VCP), complete in place, approximately 2,798 linear feet at: (words) (figures) Item No. 3 per linear foot per linear foot (figures) Cut off and dispose all portions of the protruding (break in) lateral pipes in the existing main line Vitrified Clay Pipe (VCP), complete in place, approximately 6 each at: (words) (figures) each each (figures) C-2 Item No. 4 Furnish and install new liner in the existing 15" Vitrified Clay Pipe (VCP) (between manhole #2 to #3), complete in place, approximately 210 linear feet at: (words) per linear foot (figures) per linear foot - (figures) Item No. 5 Furnish and install new liner in the existing 18" Vitrified Clay Pipe (VCP) (between manhole #9 to #10), complete in place, approximately 148 linear feet at: (words) (figures) per linear foot per linear foot (figures) Item No. 6 Furnish and install new sectional liner (point repair) in the existing 15" Vitrified Clay Pipe (VCP) at various locations, complete in place, approximately (2 sectional lining X 10' each) 20 linear feet :at: (words) per linear foot (figures) per linear foot (figures) Item No. 7 Furnish and install new sectional liner (point repair) in the existing 21" Vitrified Clay Pipe (VCP) at various locations, complete in place, approximately (8 sectional lining X 10' each) 80 linear feet at: per linear foot (words) (figures) per linear foot (figures) C-3 Item No. 8 Cut open in the newly installed pipe lining for reconnection with existing lateral pipe entrance opening, complete in place, approximately 11 each at: (words) (figures) each each (figures) Item No. 9 Perform CCTV Video Camera Inspection. after installation ofnew liners in the existing 15", 18" and 21" Vitrified Clay Pipe (VCP) (only on the newly lined sections of the pipes) complete in place, approximately 1,000 linear feet at: (words) (figures) a, per linear foot per linear foot (figures) Item No. 10 Furnish and install Standard Construction Sign (4' X 6') per -City of Vernon Std. Plan MV2217, complete in place, approximately 2 each at: (words) (figures) Total, Item Nos. 1 through 10 inclusive: 1 (words) (figures) each each (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-4 3. Materials The name and address of the manufacturer for each type of material upon which this proposal is based is as follows: C-5 4. Subcontractors The bidder as general contractor hereby identifies 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 percent of the total bid. The bidder agrees that there shall be no substitution of subcontracting except upon compliance with the "Subletting and Subcontractors Fair Practices Act" (Public Contract Code Sections 4100, et (Instruction: List only one subcontractor for each such portion.) DIVISION OF WORK OR TRADE NAME OF FIRM OR CORPORATION PRINCIPAL LOCATION C-6 5. Deposit of Security ACCOMPANYING THIS PROPOSAL is (insert the words "Cashier's Check", "Certified Check", or "Bidder's Bond") in an amount equal to 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 forfeited to the City as liquidated damages in case this bid proposal is accepted by the City, and the undersigned fails to execute the Contract. 6. Bonds The undersigned agrees to provide the City with a Performance Bond and Labor and Material Bond in the form set forth in the Contract Documents within seven (7) calendar days after the date of mailing of the acceptance. The surety will be one that the City finds acceptable. 7. Withdrawal The bidder acknowledges that it may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids. Once the bids are opened, the bidder agrees that its bid will not be withdrawn for a period of sixty (60) days after the time set for the opening, thereof. 8. Principals The names of all persons interested in this Bid Proposal as principals are as follows: C-7 9. License and Signature The undersigned is licensed in accordance with California Business and Professions Code, License No. Name of bidder: Signature of bidder: Title: Dated: NOTE: The complete and proper legal name of the bidder shall be set forth above. If the bidder is a corporation, two signatures are required, as follows: (1) the Mayor of the board, the president, or any vice- president, and (2) the corporate City Clerk; any assistant corporate City Clerk, 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., C-s 10. Bidder's Oualifications The Bidder must have a minimum of five (5) years of experience as an ongoing business enterprise in the specific type of work indicated in the proposal. The following contracts which show experience in work of similar scope to that covered in the proposal and which have been satisfactorily completed in the past five (5) years are: YEAR NAME OF FIRM AND ENGINEER LOCATION CONTRACT AMOUNT The Bidder, as a contractor, has never failed to satisfactorily complete an awarded contract, except as follows: I declare under penalty of perjury., under the laws of the State of California, that the foregoing is true and correct. Executed at on this day of 2010, By: _ Name: C-9 11. Contractor's Acknowledgement of Insurance Requirements The Contractor acknowledges that the Insurance Schedule contained in section "E" has been reviewed, that a copy thereof has been submitted to an authorized insurance agent or broker, and that the proof 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 until all proof of insurance have been received and approved as to form by the City Attorney. The Contractor agrees that failure to submit the required proof 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 Name: Signature: Title: C-io D. CONTRACT THIS CONTRACT FOR, Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -To -Manhole Pipe Linings & Sectional Linings (Point Repairs) is made, entered into; and executed in triplicate in the City of Vernon, California, as of the day of 2010. BY AND BETWEEN CITY OF VERNON, a municipal corporation hereinafter referred to as "City" 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 perform all the work described in the Contract Documents (the "Work") and furnish all labor, equipment, tools, and materials necessary to complete the Work. Section 2. Term of Contract The term of this Contract shall be from the date this Contract is made and entered, as first written above, and shall be completed upon final acceptance of the Work by the City and expiration of the guarantee period as set forth in Section 43. Section 3. Consideration The City shall pay the Contractor for the performance of the Work hereunder in accordance with the amounts set forth in the Bid Form Proposal completed by Contractor ("Bid Form Proposal"). Section 4. Payments (a) Monthly Progress Payments On or about the 25th day of each month, the Contractor shall submit to the City a monthly progress payment request. The request shall contain an estimate of the amount and value of all the work performed by the Contractor since the date of its last progress payment request. Upon receipt of the progress payment request, the City's Representative shall review it as soon as practicable after receipt for the purpose of determining that the request is a proper payment request. The City's Representative shall perform a quantity validation prior to approving the monthly progress payment. The City shall pay the Contractor the amount of the approved monthly progress payment, less 10% retention. The monthly progress payment may also be reduced by the following: (1) amounts due to the City for equipment, services or materials furnished by the City in connection with work done on the project; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. Payment shall be made within thirty (30) calendar days of City's approval of the Contractor's monthly progress payment application. If the City fails to make any progress payment within thirty (30) calendar days after receipt of an undisputed and properly submitted progress payment request from Contractor, City shall pay interest to D-1 - Contractor equivalent to the legal rate set forth in Code of Civil Procedure Section 685.010(a). Any progress payment request determined not to be a proper payment request suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) days, after receipt. 'A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the progress payment request is not proper. The number of days available to the City to make a progress payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth above. 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 under the Contract. (b) Final Progress 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 incurred in the performance of the Work. The Contractor shall be required to complete a close-out form certifying that the Work has been completed and releasing the City from all further obligations and liabilities. The City shall pay the Contractor according to the payment terms set forth in Section 4(a). (c) Payment of the Retention Payment of the retention 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. Acceptance of payment of the retention by the Contractor -shall constitute a waiver of all claims against the City arising under this Contract. Section 5. Contract Documents (a) The Contract Documents shall govern the Work. The Contract Documents shall include the following: (1) Notice Inviting Sealed Proposals (Bids); (2) Information for Bidders; (3) Bid Form Proposal; (4) Contract; (5) Bid Bond, Performance Bond, Labor and Material Bond, Proof of Insurance, and Workers' Compensation Certificate; (6) the City of Vernon Special Provisions and Federal Highway Administration Requirements (collectively, "Special Provisions"); (7) detailed Plans and Specifications; (8) Standard Specifications and Drawings; and (9) any addenda to Information for Bidders..("Addenda"). The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. (b) Precedence of Contract Documents If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The precedence shall be as follows: 1) Permits issued by jurisdictional regulatory agencies. 2) Change Orders and/or Supplemental Contracts; whichever occurs last. 3) The Contract. 4) Addenda. 5) Information for Bidders. 5) Bid Form Proposal. 6) Special Provisions. - D-2 - 7) Detailed Plans and Specifications. 8) Standard Specifications and Drawings. 9) Bid Bond, Performance Bond, Labor and Material Bond, Proof of Insurance, and Workers' Compensation Certificate. Detailed drawings shall take precedence over general drawings. Section 6. Compliance with Provisions of Law The Contractor shall comply with all applicable provisions of law whether Federal, State, or local relating toits performance under the Contract. - Section 7.. Costs and Attorney's Fees In the event a dispute, claim or litigation arises regarding this Contract, the prevailing party shall beentitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 8. Notices Any notices, approvals, consents and other communications required or permitted hereunder shall be given by personal delivery or by certified mail (return receipt requested), postage prepaid, and shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours; or (b) the second business day following deposit in the United States mail as certified mail (return receipt requested), postage prepaid, to the addresses set forth below: To: Contractor To: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Section 9. Conflict with Plans and Specifications Any conflict between the Plans and Specifications and this Contract shall be brought to the attention of the City's Representative for resolution. Section 10. Assignment The Contractor shall not assign the Contract in whole or in part or any rights, duties, or obligations arising under the Contract. Any attempt by Contractor to so assign this Contract or any rights, duties, or obligations arising hereunder shall be void and of no effect. Section 11. Paragraph Headings The paragraph headings herein are for the convenience of the parties and shall not affect the interpretation of the Contract. - D-3 - Section 12. Authority of the Citv's Representative The City's Representative shall be the City Administrator or his designee. The City's Representative shall decide all questions which may arise regarding the quality and/or acceptability of materials furnished, the manner and/or acceptance of the Contractor's performance, the rate of progress, and the interpretation of the Plans and Specifications. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 13. General Prevailing Wages The Contractor agrees that it, or any subcontractor working under it, will not pay less than the prevailing rates of wages to all workers employed in the execution of this Contract. The Contractor will post one copy of the established prevailing rates of wages at the job site. For each calendar day or portion thereof, and for each workman paid les& than the stipulated prevailing rates for such work or craft in which the workman is employed or any work done hereunder by him, or by subcontractor under him, the Contractor shall forfeit as a penalty to the City the sum of $25.00. The City shall take cognizance of all violations of this section committed in the course of the execution of the Contract and shall report them to the Division of Labor Standards Enforcement. Section 14. Hours of Work (a) The time of service of any worker employed on the Contract is limited to eight hours during a calendar day and forty hours during a calendar week. If an employee works in excess of the foregoing hours, the employee will be compensated at a rate of one and one-half times their basic rate of pay. (b) The Contractor shall keep and make available until three (3) years after recordation of a Notice of Completion by the City an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by it on the work hereunder. (c) The Contractor shall, as a penalty, forfeit to the City $50.00 for each worker employed on the work by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours a calendar day or forty hours in one calendar week. Section 15. 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. Section 16. 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 sec . (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 Contractor's total bid. (2) The portion of the Work to be done by each subcontractor identified in Section 16(b)(1). - D-4 - (c) The Contractor shall list only one subcontractor for each portion of Work as defined by the Contractor in its bid. (d) The Contractor shall not use a subcontractor who is ineligible to perform work on a public. works project pursuant to Labor Code Section 1777.1 or 1777.7. Section 17. Discrimination The Contractor shall not refuse to employ or promote any person, 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 in its employment because of the person's race, religion, creed, color, national origin, ancestry or sex. In addition, the Contractor shall not refuse to accept otherwise qualified employees as indentured apprentices solely, on the grounds of race, religion,. creed, color, national origin, ancestry or sex. Section 18. 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 of the Code of Federal Regulations, and by the State of California, Division of Industrial. Safety. Section 19. Competence of Workers All persons performing the Work shall have all necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this .Contract or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 20. Insurance (a) The Contractor shall provide the City with proof of insurance naming the City, its consultants and each of it selected officials, officers, agents, employees, and volunteers as additional -named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule contained herein. The Contractor shall at all times during the term of the Contract carry,. maintain, and keep in full force and effect, the policy or policies of insurance set forth in the Insurance Schedule, including all special endorsements listed on the Insurance Schedule. Said coverage is not required for the active negligence of the City to the extent that indemnification for the City's active negligence would be invalid under Civil Code Section 2782(b) of the. The proof of insurance shall also provide that said policy or policies are not to be canceled or materially reduced without giving the City at least 30 days written notice. (b) The Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of the Contract. (c) The policy or policies required by this Contract shall be issued by an insurer admitted in the State of California and with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide. (d) The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, the City may either immediately terminate the Contract or, if insurance is available at a reasonable cost, the. City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (e) The insurance provided by Contractor shall be primary to any coverage available to the City, and any insurance or self-insurance. maintained by the City or its elected officials, officers, agents, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. The policies of - D-5 - insurance required by the Contract shall include provisions for waiver of subrogation against the City. (f) Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to the City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 21. Indemnification (a) . To the fullest extent permitted by law, Contractor.shall indemnify, protect, defend, and hold harmless the City, its consultants and each of its elected officials, officers, agents, employees, and volunteers 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 attorneys' fees And costs of defense arising, directly or indirectly, in whole or in part, out of the services performed under this Contract, except to the extent arising from or caused by the sole active negligence or willful misconduct. of the City, its elected officials, officers, agents, employees or volunteers. (b) The provisions of this section shall not terminate or expire, shall be given the broadest possible interpretation, and shall survive the expiration or earlier termination of this Contract. (c) The obligations in this section are in addition to Contractor's duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 22. Workers' Compensation The Contractor shall secure payment of compensation to Contractor's employees pursuant to Labor Code Section 3700, and shall obtain.employers' liability insurance as set forth.in the Insurance Schedule. Prior to commencing work hereunder, the Contractor shall submit to the City the Workers' Compensation Certificate. 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 elected officials, officers, agents, employees and volunteers. Section 23. Labor and Material Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Labor and Material Bond in an amount equal :to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to pay its subcontractors for labor and material used in this project. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Section 24. Performance Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Performance . Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to fully perform under this Contract. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Article 4. PERFORMANCE Section 25. Time for Completion The work shall be completed in the number of working days specified in the Bid Form Proposal. - D-6 - Section 26. Force Maieure Neither Party shall be considered to be,in default in any of its obligations under this Contract when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, sabotage, or embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Contract by reason of an uncontrollable force, shall give written notice within five (5) Business Days of such fact to the other party and shall exercise due. diligence to remove such inability with all reasonable dispatch. Section 27. Utility Relocation (a) The City will identify the main and/or trunk lines in the Plans and Specifications. The City is responsible for the timely removal, relocation or protection of existing: main and/or trunk line utility facilities located on the construction site, unless such utilities facilities are identified by the City in the Plans and Specifications: The City shall pay the costs of removing or relocating utility facilities not identified in the Plans and Specifications with reasonable accuracy, repairing damage. not due to the Contractor's failure to exercise reasonable care, and 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 utility owner to provide` for. the 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 construction site can be inferred from the presence of other visible facilities, such as buildings or metering junction boxes on or adjacent to the construction site. (c) If the Contractor, while performing under the Contract, discovers utility facilities not identified by the City in the Plans or Specifications, the Contractor shall immediately notify the City's Representative and the utility owner in writing. Section 28. Public Convenience (a) The Contractor's operation shall not unnecessarily cause any 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 that provides 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 the 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 that may arise during construction. The Contractor shall furnish and.install and, upon completion of the Work, promptly remove all signs and warning devices. - D-7 - (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, public transportation (MTA), traffic and engineering departments of the City and any other jurisdictional agencies involved and shall comply with their requirements. Section 29. Excavations (a) Excavation Safe 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 the Contractor's plan varies from the shoring system 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 cover completely all open excavations in the public right-of-way with steel plates _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, and the Special Provisions -Temporary Cold Mix Asphalt Concrete. Section 30. 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 or addition made without a written order from the City. The written order shall state that the .extra work, change or. addition is authorized by the City, identify the work that is to be done and method to be used to accomplish the work, and set forth the basis upon which payment is to be made. 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 amount of any change or addition that might be ordered. The adjustment, if any, in the amount to be paid to the Contractor .by reason of any such change, addition or deduction shall be determined by one of the following methods: (1) A lump sum proposal from the Contractor. (2) By applying the unit prices contained in the Bid Form Proposal or fixed by agreement_ between the City and the Contractor. (3) By proceeding with the Work and furnishing daily reports of extra work by the close of the next working day. Failure to submit the daily report in a timely manner may waive the Contractor's right to compensation for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the City's Engineer or his designee. The daily report shall itemize the costs for labor, materials, and equipment rental. Reportedlabor costs shall include the names and classifications of the workers, the hoursworked, and the rates of pay. Reported equipment costs shall include the. type of equipment used, the identification number, the hours of operation, and hourly rate. All records and reports shall be made immediately available to the City's Representative. (b) Markup This section shall modify and replace "Section 3-3.2.3, Markup" of the Standard Specifications for Public Works Construction (2009 Edition) referenced and incorporated herein by Section 47. . (1) Work by Contractor. The following percentages shall be added to the Contractor's costs and - D-8 - shall constitute the markup for all overhead and profits: a) Labor ............. ......... 20% b) Materials .15% ............ c) Equipment Rental .....................15% d) Other Items and Expenditures 15% To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding- (2) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in (1) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of.5 percent on work added in excess of $5,000 of the subcontracted portion .of the extra work may be added by the Contractor. Section 31. Clean Up . Upon completion of the Work, the Contractor shall remove all debris and surplus materials from the work site. Section 32. Materials (a) New Materials and. Equipment Unless otherwise specified, shown, or permitted by the City all material and equipment incorporated in the. Work shall be new and of current manufacture. The City may request that the Contractor furnish manufacturer's certificates indicating the quality of the material. No material shall be installed until approved by the .City's Representative. (b) Inspection of Materials All material furnished hereunder shall be subject to inspection and testing by the City's authorized agents at the City's expense. In the event that such inspection and testing reveals material that does not comply with the Contract Documents, 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 under Section 31(b) shall not relieve the Contractor of any of its obligations under the Contract. Even though equipment or material required to be provided has been inspected, accepted, and included in a monthly progress payment request, the Contractor shall, at Contractor's expense, replace or repair any such equipment or material found to be defective or otherwise non -compliant with the Contract Documents up through the guarantee period in Section 43. (d) Storage of Materials All material 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 solely responsible for damage or loss of materials -caused by exposure, weather or other causes. Section 33. Permits and Licenses (a) The Contractor shall apply for and procure all certificates, permits and licenses required by federal, state, or local law, rule or regulation necessary for the work except: D-9 - Encroachment Permits from City of Vernon (b) The Contractor shall provide all notices necessary and incidental to the lawful prosecution of the work and shall comply with the terms and conditions of all certificates, permits and licenses. (c) The Contractor shall pay all charges and fees in connection with all certificates, permits and licenses except those required by the following: Encroachment Permits from City of Vernon Section 34. Land and Rights of Way (a) The Cityshall provide; or arrange for the provision of, the 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 such agreements. (c) Except as provided in Section 27, when the work described in the Contract Documents is to be performed in the vicinity of existing improvements; said improvements shall not be disturbed or damaged. However, the Contractor may remove or relocate improvements in the land and rights of way provided by the City pursuant to Section 34(a). Section 35. Plans and Drawings (a) The approved plans may be supplemented by working drawings as are necessary to monitor the Work. All drawings shall be consistent with the Contract Documents. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor. (b) The City will furnish the Contractor with copies of all drawings and specifications reasonably necessary for the execution of the work, at no charge. The Contractor shall keep one set of drawings and specifications in good order at the job site and make them available to the City's Representative and to the Contractor's representatives. (c) The drawings and/or plans will show conditions as the City believes them. to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation-by_the City that; such conditions are existent. The City shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the drawings and/or plans and the actual conditions revealed during the progress of the Work; or otherwise. Section 36. Shot), Drawings Submitted by the Contractor (a) 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 that the City has completed its review of the shop drawing. 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, approve, and submit for review by the City's Representative shop drawings for material and equipment to be incorporated into the Work. Four (4) copies of shop drawings shall be submitted to the City with a letter of transmittal listing the submitted.. Drawings shall show the name of the project, the name of the Contractor, and the names of suppliers, manufacturers, and - D-10 - subcontractors, if any. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in progress of the Work. (c) Shop drawings shall be complete. If the shop drawings show any deviation from the requirements of the Plans and Specifications 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 deviation identified in the letter of. transmittal. (e) Within ten .(10) calendar days after receipt of the shop drawings, the City will return two prints of the drawings to the Contractor along with its comments. The Contractor shall resubmit corrected drawings, if the City has so requested. Resubmitted shop drawings shall. be processed in the same manner as the original submittals. The Contractor's letter of transmittal accompanying its resubmitted shop drawings shall highlight the revisions requested by the City. (f) The. City's_Representative will review the shop drawings only for general conformance with the design concept of the project and general compliance with the Plans and Specifications. The City's review of the shop drawings shall not be construed as relieving the Contractor of its responsibilities under the Contract, including but,not`Iimited to: (1) providing material and equipment; (2) ensuring the proper fitting and construction of the pipeline; (3) submitting accurate and complete shop drawings; (4) selecting. proper fabrication processes and techriiques; and (5) performing the Work in a safe manner. Section 37. Supervision by the Contractor The Contractor shall have a designated representative or alternative representative. present at the worksite whenever work is in progress. The Contractor's designated representative or alternate representative shall have authority to act for the Contractor. Before starting the Work, the Contractor shall inform the City; in writing, of the name of its designated representative. An alternate representative may also be designated. Any communication between the City and the Contractor's representative shall`be deemed as a communication to the Contractor. If the Contractor fails to have a designated representative present at the worksite, the City's Representative may give necessary direction or instruction to the superintendent or foreman having charge of the specific work to which the direction or instruction applies. The superintendent or foreman shall comply with.the'direction or instruction promptly and shall relay the City's communication to the Contractor or its designated representative. Section 38. Inspection of Work (a) The City shall. have access to the worksite at all times to review and/or inspect the progress of the Work, the workmanship and the material being used. (b) Whenever the Contractor changes its hours of operation, notice shall be approved by the City's Representative one week prior to institution of the change. Any work done in the absence of the City's Representative maybe subject to rejection, at the City's discretion. (c) All excavations that are to be backfilled shall be inspected and approved by the City's Representative prior to backfilling. The Contractor shall give the City's Representative advanced notice of the backfilling. , (d) Inspection of the Work by the City's Representative shall not relieve the Contractor of the obligation to fulfill the Contract. Defective work shall be corrected, notwithstanding the fact that the City's Representative may have previously accepted the defective work. - D-11 - Section 39. Correction of Defective and/or Unauthorized Work (a) All work that has been rejected shall be corrected, or removed and replaced by the Contractor, at the City's direction. Any remedial work will be done in a manner acceptable to the City. The Contractor shall pay the remediation and/or removal and replacement costs. The Contractor must obtain written authorization from the City to perform extra or unauthorized work prior to undertaking such work. The Contractor will not be compensated for any unauthorized work. In addition, the City may order the Contractor to remove, at the Contractor's expense, any. extra or unauthorized work. (b) The Contractor must comply promptly with any order made by the City under the provisions of this article. If the Contractor fails to comply with the City's orders, the City may in its discretion cause defective work to be corrected by its own forces or by another contractor. The amount that the City paid to correct the defective work will be deducted from.any.monies due or to become due to the Contractor. Section 40. Errors or Discrepancies Noted by the Contractor (a) If the Contractor, either before conunencing.the Work or in the course of performing the Work, finds any discrepancy between the Contract Documents, especially the Plans, Specifications, drawings, and boring logs, or between any of them and�.the physical conditions at the worksite, or finds any error or omission in any 'of the Plans, Specifications, drawings; boring logs, or in any survey, the Contractor 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, Contractor shall promptly notify th.e City in writing of such deviation or conflict. (b) The City, upon receipt of such notice, shall promptly investigate the circumstances and give appropriate instruction to the. Contractor consistent with Section 30. Until such instructiori is given by the City Engineer, any work done by the Contractor, either directly or indirectly after its discovery of such error, discrepancy, omission, deviation or conflict, will be.at the..Contractor's own. risk. The Contractor shall bear all costs arising from. any work that incorporates such error, discrepancy, omission, deviation or conflict. Section 41. Equipment The Contractor shall furnish equipment and facilities to perform the -work to the in standard in accordance with the Plans and Specifications. Such equipment and facilities must be in a.good state of repair, be maintained in such state during the progress of the Work, and shall meet all requirements of applicable ordinances and laws. No wom 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 42. Damages for Delay (a) The Contractor acknowledges the City's desire that the Work be completed on or before the dates specified in the Bid Form Proposal. The Contractor also acknowledges that if its work is not completed on or before said dates, the City will incur substantial damages that 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 under the Contract. (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 unfeasible to determine the amount of actual damage. Therefore, the Contractor will pay the City, as fixed and liquidated damages and not as a penalty, the sum of $1,500.00, for each and every calendar day of delay, and that the Contractor and its Surety will be liable for the amount thereof. The Contractor, however, will not be charged liquidated damages because of any delays in the completion of the work due to Force Maj eure 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. - D-12 - (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the City grants 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. Upon notification of a delay, the City shall ascertain the facts and extent of the delay and extend the time for completing the work if in its sole and absolute discretion its findings justify such an extension. The City's findings 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 City's best interest. If the City extends the time limit for completing 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 expenses. These expenses include, but are not limited to, the costs associated with engineering,inspection, supervision, incidental and overhead expenses that are directly chargeable to the Contract and that accrue during the period of extension. Therefore, the Contractor acknowledges that the City shall be reimbursed for its expenses before the final payment of the ten percent (10%) retention is made. Section 41 Guarantee The Contractor guarantees the Work against defective workmanship, and the; materials furnished, for a period of one year from the date the City accepts the work. in accordance with Section.4(c). The Contractor shall repair and replace any and all such defective work, together with any other work which may be displaced in so doing, at no cost to the City. The Contractor, is not responsible for the repair or replacement of material damaged through ordinary wear and tear, usual abuse, or neglect. The City may proceed to repair or replace defective work and/or material. if the Contractor fails to do so within a week after Contractor's receipt of written notice from the City. The Contractor.agrees to pay the costs and charges the City incurs in repairing and replacing defective work and/or materials upon demand. Section 44. 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. The Contractor, at its sole cost, shall repair or replace such damaged or destroyed work to its prior undamaged condition before being entitled to additional progress payments, the final progress payment or payment of the retention. 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 45. Termination (a) Termination (Contractor's Default) (1) The Contractor will be in default if it does any of the following: (a) declares bankruptcy, becomes insolvent, or assigns its assets for the benefit of its creditors; (b) disregards or violates a material provision of the Contract or the City's instructions; (c) fails to prosecute the Work according to the approved construction schedule; (d) fails to provide a qualified superintendent, representative, competent workers, or subcontractors; and/or (e) fails to provide materials or equipment that meets the requirements of the Plans, Specifications, and drawings. The City shall notify the Contractor in writing of such default. Upon receipt of written notice of default, the Contractor shall, at Contractor's expense, preserve at the project site, all construction materials and equipment, and shall undertake immediate steps to remedy such default. (2) Upon the occurrence of any of the events stated in Section 45(a)(1), the City may, at its option, terminate the right to proceed with the Work to which default has occurred or• terminate the Contract if the Contractor fails to cure such default within ten (10) calendar days after receipt of written notice of default. A written notice of termination shall be provided to the Contractor, but not to the Contractor's sureties. Upon receipt of such written notice, the Contractor shall at its expense and for the work affected by any such termination: - D-13 - (i) assist the City in making an inventory of all material and equipment located at the site, enroute to the site, in storage or manufacture away from the site, and/or on order from suppliers; (ii) assign subcontracts, material and equipment supplier contracts, and equipment rental agreements to the City, as designated by the City; and remove from the site all construction material and equipment listed in said inventory other than the material and equipment which are to be used by the City in completing the Contract. (3) The City shall_ have the right to complete the Work to which the termination applies. The Contractor agrees that the City shall have the right, for such purpose and for as long as necessary, to designate in writing, take possession of and use any or all of the material, plant, tools, equipment, supplies and property furnished by the Contractor. (4) The cost of completing such work, together with reasonable costs for administering any contract for completion, will be charged to the Contractor. The City will deduct these costs from the sum due or the surn that may become due to the Contractor. If these costs exceed the sum which would have been payable under the Contract, then the Contractor and/or.its sureties shall be liable for and, upon written notice from the City, shall promptly pay the excess amount to. the City. The City shall not be required to retain the bidder with: tle.lowest estimate for completion of the work. The City may make any expenditures that, in its sole judgment, best accomplish the completion of the .project. If such costs are less than the balance that would have been due, the Contractor shall have no claim to the difference. The City may, however, decide to reimburse the Contractor or the. Contractor's sureties for costs incurred for materials, tools, equipment, property, and labor which were used_- in performing the Work and of which the. City shall have received the benefit. In computing the costs, as it relates to equipment owned by the Contractor, the salvage value at completion of the Work shall be deducted from the depreciated value at the time the -Contract was terminated. (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 for (1) the costofthe work performed up to the date the Contract is terminated; and (2) for the cost of materials and equipment at the site, 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 cost of the 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 progress payment as described in Section 3. Section 46. Records, Inspection, and Audit During the course of the Work performed under this Contract, Contractor and any of its subcontractors shall maintain and retain, not less than three (3) years after the term of the Contract expires, complete and accurate records of the Contractor's costs which are chargeable to the City under this Contract. City or its designated, authorized representatives shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such recordsto be maintained and retained by Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit -inventory records for the Contractor's D-14 - stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and other third parties' charges; and (d) any other documentation the City deems necessary to support costs and charges under this Contract. Section 47. Standard Specifications The "Standard Specifications for Public Works Construction", 2009 Edition, published by Building News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length. In the event, however, that said Standard Specifications are inconsistent with the terms of this Contract and the Special Provisions, then this Contract and the Special Provisions shall be deemed controlling. Section 48. I_ndependent Contractor The Contractor is and shall at all times remain, as to the City, a wholly. independent Contractor. neither the City nor any of its elected officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of Contractor's agents or employees, except 'as herein set forth. Contractor shall not, at any time, or in any, manner,represent that it or any of its agents or employees are in any manner agents or employees of the City. Section 49. Waiver The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it. may have under this Contract operate as a waiver of any breach or default of such a right. The failure of either party to this Contract to exercise any of its rights under this Contract does not constitute a breach of it. and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 50. Governing Law The rights, obligations, duties and liabilities of the parties to this Contract and the interpretation of this Contract shall be governed by the domestic law of the State of California, withoufregard to its laws regarding:choice of applicable law. Any litigation concerning this Contract shall take.place in the superior court with geographic jurisdiction over the City of Vernon. Section 51. City Not Oblivated to Third Parties The City shall not be obligated or liable under this Contract to any party other than Contractor. The City shall timely notify Contractor of the receipt of any third -party claim relating to this Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by this section. Section 52. Dispute Resolution (a) All disputes arising out of. or related to this Contract, either party's conduct in connection with this Contract, and the relationship and rights of the parties in connection with this Contract, whether characterized as a breach of contract, tort, or otherwise, shall be determined by binding arbitration in accordance with the terms of this section. The submittal of matters to arbitration in accordance with the terms of this section is the sole and exclusive method, means, and procedure to resolve any and all claims, disputes or disagreements arising under this Contract, except for claims by either party which seek injunctive relief, which claims shall be shall be resolved by suit filed in the Superior Court of the County of Los Angeles, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. - D-15 - (b) Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three (3) retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of the Judicial Arbitration & Mediation Services ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate (."Arbitration Notice") to the other -party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party -will select the third judge for the panel. The third judge shall be selected within ten (10).calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party maybe represented by counsel and/or other authorized representatives. Except as specifically provided in this Section 30, the arbitration shall be conducted in -accordance with JAMS Engineering and Construction Arbitration Rules and Procedures. (c) In rendering a decision(s), the Arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Contract. The Arbitrators' decision shall be based on the evidence introduced.at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two (2) of the three (3).Arbitrators as to the resolution of the dispute shall be a conclusive resolution: The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the hearing. The decision, shall be conclusive and binding, and it may thereafter be confirmed :as a judgment by the Superior Court of the State of California; .subject only to challenge on the grounds set forth in Code of Civil Procedure Section 1286.2. (d) The validity and enforceability of the Arbitrators' decision shall be determined exclusively by the California courts. Section 53. Assianment of Unfair Business Practices The Contractor and its subcontractors offer and agree 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) of Part 2 of Division 7 of the Business and Professions Code), arising from the .purchases of goods, services, or materials pursuant to this Contract or subcontracts. 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. Section 54. Entire Agreement This Contract represents the entire integrated agreement between the City and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by a written instrument signed by both the City and Contractor. Section 55. Headings and Captions The headings and captions used in this Contract are for convenience only and shall in no way define, limit, or describe the scope or intent of this Contract or any part of it. Section 56. Authority to Execute this Contract The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. - D-16 - Section 57: Severability Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect. Section 58. Counterpart and Duplicate Originals This Contract may be executed in counterpart originals, duplicate originals, or both, each of which.is deemed to be an original for all purposes. Section 59. Survival .of Terms All of the terms and conditions of this Contract related to payment, indemnification, dispute resolution and waiver shall survive termination of this Contract. - D-17 - IN WITNESS WHEREOF the parties hereto have executed this Contract or caused it to be executed as of the day, month and year first above written. CITY OF VERNON By -- Hilario Gonzales, Mayor ATTEST: By Willard Yamaguchi, City Clerk APPROVED AS TO FORM: By Laurence S. Wiener, City.Attorney CONTRACTOR Name. Signature Title Name Signature Title NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate 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. - D-18 - L E. BOND FORMS AND INSURANCE REQUIREMENTS Contractor shall provide the City with a Workers' Compensation Certificate in a form substantially similar to that shown herein. Both the Performance Bond and the Labor and Material Bond shall be provided on the forms enclosed herewith. A Sample Letter of Credit is also enclosed as a guide for a bidder's security. Insurance coverage shall be provided in the types and amounts shown on the Insurance Schedule. A copy of the policy or a notarized letter from the insurance underwriter or carrier verifying the coverage must be provided to the City in order todemonstrate proof of insurance. - E-1 - WORKERS' COMPENSATION CERTIFICATE The undersigned acknowledges'that Section 3700 of the California Labor Code requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Labor Code. The undersigned agrees to comply with such provisions before commencing the performance of this Contract. CONTRACTOR Name Signature Title. Name Signature Title NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is -a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the Contractor'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 Contractor 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 - PERFORMANCE 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 2010, has awarded hereinafter designated as the "Principal", Contract No. CS-0015 for Vernon Avenue Storm Drain Trenchless Manhole -To -Manhole Pine Linings & Sectional Linings (Point Repairs) 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 , as Surety, are held firmly bound unto the CITY OF VERNON hereinafter called the "Obligee," 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 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 'pay City's reasonable attorney's fees to be fixed by the court. Performance Bond - 1 - E-3 - IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety above named, on the day of 2010. Name (Principal) (Attach Acknowledgment) By Name (Surety) By By . (Attorney -in -fact) APPROVED AS TO FORM: Laurence S. Wiener, City Attorney Performance Bond - 2 - E-4 - LABOR AND MATERIAL 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 2010, has awarded to hereinafter designated as the "Principal," Contract No. CS-0015. for Vernon Avenue Storm Drain Trenchless Manhole -To -Manhole Pipe Linings & Sectional Linings (Point Repairs) 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 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 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 Bond - 1 - E-5 - 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 arid Surety above named on the day of 2010. Name (Attach Acknowledgment) By Name LIZ APPROVED AS TO FORM: Laurence S. Wiener, City Attorney (Principal) (Surety) (Attorney -in -fact) Labor and Material Bond - 2 - E-6 - INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide and shall maintain on file with the City proof of insurance, including but not limited to, 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. Liability General Liability $1,000,000 $2;000,000 $1,000,000 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 Contractual_ Liability $1,000,000 $2,000,000 $1,000,000 Umbrella Liability $2 000 000 $2,000,000 $2,000,000 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 original endorsement naming the City of Vernon, its elected officials, officers, agents, employees and volunteers as additional 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 this Contract and specifying the activities covered. 4. Such other endorsement as may be required by City. 5. A copy of your general and umbrella insurance policy declarations page. 6. !A copy of schedule of forms of endorsement. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. DOCUMENTATION REQUIRED • Certificate of Insurance from contractor's insurance agent; • Copy of insurance policy Declaration Page for General and Umbrella Liability; • Actual copies of any Endorsement; • Additional Insured Endorsement naming City as Additional Insured, Form CG 2010-1185 required; • Contractor's insurance package to include Endorsement appropriate to the project being undertaken on the City's behalf; • Copy of Schedule of Forms and Endorsements - E-7 - PROOF OF INSURANCE APPROVAL AS TO FORM Proof of the following insurance coverage has been received and approved as to form: (1) Contractual Liability. (2) Automobile Liability. (3) Worker's Compensation. (4) Employer's Liability. (5) General Liability. (6) Umbrella Liability. Dated: Laurence S. Wiener, City Attorney - E-8 - (BANK OR SAVINGS AND LOAN ASSOCIATION LETTERHEAD) Date: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: S. A M P L E IRREVOCABLE LETTER OF CREDIT Contract No. 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. 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. (Name of Bank or Savings and Loan Association) By President By 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-9 - SPECIAL PROVISIONS F. SPECIAL PROVISIONS I. GENERAL STANDARD SPECIFICATIONS For the purpose of this contract, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (Latest Edition), the Standard Plans for Public Works Construction (Latest Edition) shall apply. EXAMINATON OF THE SITE The bidders are.required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. MOBILIZATION The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to the Contractor. TRAFFIC CONTROL The Contractor shall subnut traffic channelization and detour plans to the City Engineer for approval at least ten working days prior to commencement of work. One lane in each direction shall be maintained on all streets and the Contractor shall provide access to places of business at all times. Flashing arrow boards shall be used on Vernon Avenue. The traffic control shall be in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H) or California Manual of Temporary Traffic Controls. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction must be included in the various bid items, and no extra compensation will be paid to the Contractor. PROHIBITED PARKING IN WORK AREA Contractor shall provide the City with 72 hours notice for parking restrictions that will be posted in the work area during construction. 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 of Work Upon Highways. The cost of furnishing and maintaining signs, lights and warning devices during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. CONSTRUCTION SCHEDULE At the pre -construction meeting, Contractor shall submit to the City, in writing, a construction schedule of proposed work. The construction schedule shall show sequence of work, SPECIAL PROVISIONS critical path and estimated time for completion of each work. The Contractor shall give 48 hours notice to the Director of Community Services & Water prior to the start of the work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every Monday during the construction period. CONSTRUCTION HOURS All work shall only occur on Monday through Friday between the hours of 7:00 a.m. to 3:30 p.m If the Contractor elects to work at other times, it must obtain Director of Community Services & Water's approval and pay for the inspection fee of $50.00 per hour per City inspector for a minimum of 4 hours. CONSTRUCTION SIGNS Two construction signs shall be built according to Standard Plan MV2217 (see attached page F-7) and shall be placed at each end of the construction limits on Vernon Avenue. The signs shall be placed two weeks prior to the commencement of construction. The,wording of each sign shall be approved by the City prior to printing. CONSTRUCTION ACTIVITIES COORDINATION The Contractor shall notify the City of Vernon Community Services & Water Department, Police Department, Fire Department, Utility Companies, Railroad Companies, Business/Property Owners and Metropolitan Transportation Authority of the proposed work and coordinate all work under this contract with all Utilities and Public Agencies. MATERIAL SUBMITTALS The Contractor shall provide all required submittals including, but not limited to shop drawings and materials to the City upon reward of the contract for review and approval before the construction. The "Notice to Proceed" will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. PUBLIC CONVENIENCE The Contractor shall conduct operations to minimize the obstruction of access and inconvenience to the public and businesses. TEMPORARY WATER METER Contractor shall obtain a temporary water meterfromthe City of Vernon Water Department by placing a deposit of $600.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. -F-2- SPECIAL PROVISIONS PRIVATE OR PUBLIC PROPERTY DAMAGE Any damage to private or public 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 in materials, finish and dimensions. CLEANING OF THE SITE DURING CONSTRUCTION During construction, all pavement, sidewalk, curb and gutter adjacent to construction areas shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor is responsible for maintaining sidewalk and pavement within the construction zone free from loose materials at all times. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) Prior to Contractor commencing work, a City approved Storm Water Pollution Prevention Plan (SWPPP) shall be implemented, and maintained on file at the construction site to comply with the Vernon City Stormwater Code. The Contractor shall develop and administer a SWPPP. The SWPPP shall be prepared by a California Registered Civil Engineer and considered as part of these Special Provisions. The Contractor shall .submit a SWPPP for review and approval by the City before the construction commences. The Contractor is notified that the SWPPP may require revisions from time to time during construction to reflect needed improvements to best management practices (BMPs) and/or actual construction practices. The SWPPP document shall include, at a minimum, all items in Section A of the State General Construction Activity Storm Water Permit. The SWPPP document shall not be construed to be a waiver of the Contractor's obligation to review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit. No storm water quality complications are anticipated from this construction project; however, if a problem develops, the Contractor shall comply with all the conditions contained within the SWPPP and the Vernon City Stonnwater Code. If an unauthorized stonnwater discharge or a violation of Vernon City Stormwater Code occurs, the contractor's superintendant (or his/her designee), shall immediately notify the City of Vernon Health & Environmental Control Department. Any additional work required for compliance with the requirements of the SWPPP and the Vernon City Stormwater Code shall be performed by the Contractor. SWPPP preparation guidelines are available at the State of California website: ht tiv //ww.waterboards.ca. ov/water issues; ro ams/stonnwater/construction.shtml The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7, "Responsibilities of the Contractor" are considered to be Best Management Practices.. Applicable construction practices in the Standard Specifications shall be incorporated into the SWPPP. All payments and full compensations for preparing and administering to conform to Contractor's best management practices (BMPs) and/or actual construction practices for Storm Water Pollution Prevention Plan (SWPPP) and Vernon City Stormwater Code shall be included in the various bid items of work involved and no additional or extra compensation will be paid to the Contractor. - F-3 - SPECIAL PROVISIONS SANITARY FACILITIES The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. 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. EXISTING OFFSET MANHOLES ON VERNON AVENUE Existing manhole number 1, 2 and 3 are the offset manholes located along the northerly sidewalk of Vernon Avenue just east of Soto Street. All costs related for working inside the existing offset manholes to install new pipe linings shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. ADDITIONAL PIPE QUANTITIES There may be additional cracks in the existing storm drain main line (VCP) pipes. The City shall decide if any additional linings are required for new cracks after reviewing the Contractor's newly taped CCTV inspection video. All additional pipe quantities shall be paid by the corresponding Contract Bid Item unit prices. II. TRENCHLESS.MANHOLE-TO-MANHOLE PIPE LININGS & POINT REPAIRS Trenchless storm drain pipe lining.shall conform to Section 500 of the 2009 Edition of Standard Specifications for.Public Works Construction "Greenbook" And Its Supplements Except As Modified Herein. Cured -In -Place Pipe Liner (CIPP) shall comply with Subsection 500-1.4 of the Standard Specifications for Public Works Construction. 500-1.1.1 General. (Add the following paragraphs) The CONTRACTOR shall field verify the pipe diameter at the manholes and lengths prior to ordering liner materials. The CONTRACTOR shall notify the Director of Community Services and Water of any discrepancies between information obtained in the field and existing plans. Installation of the storm drain lining shall be performed by a CONTRACTOR licensed by the manufacturer/owner of the process. Bidders are required to submit copies of such licenses with their bids. A bidder's failure to do so shall render their bid non -responsive. The minimum finished pipe liner wall thickness shall conform to Table 500-1.1.1. (A) Table 500-1.1.1 (A) Host Pipe Diameter (inches) 15 j 18 21 imension Ratio (DR) ner Thickness (inches) 351-._ 41 41 0.428 [ 0.439 0.5�12 - F-4 - SPECIAL PROVISIONS All costs involved with lining shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 500-1.1.4 Cleaning and Preliminary Inspection (Add after the first paragraph). The CONTRACTOR shall assume that the pipes require normal cleaning of two (2), three (3) or more passes of a jet cleaner before CCTV. 500-1.1.5 Television Inspection (Modify by adding to first paragraph in Subsection 500-1.1.5) All original video tapes shall be submitted to and will become the property of the City. Video tapes shall be recorded on a DVD recorder on (SP) standard play speed. (Third paragraph is replaced with the following): Pre -lining CCTV inspection shall be performed utilizing a rotating lens video camera. The pre -lining video inspection and recording performed with this camera shall stop at each lateral and the head rotated to look up the lateral to identify if the lateral is active, plugged or has roots that could interfere with the complete lateral reinstatement. The pre -lining and post -lining video will be performed while the upstream lines are plugged or bypassed. The line shall be dry except for flow from the laterals in the section of line being televised.. Post -lining video will be performed only on liner installed sections of the pipes. The contractor's method of by-pass shall be approved by the City Engineer prior to the start of work. The cost for by-passing (if any) live storm drain water shall be included in the various bid items, and no extra compensation will be paid to the Contractor. 500-1.1.7 Miscellaneous (Modify by adding the following): (a) Service Connections (Add the following paragraphs) Protruding Laterals. The CONTRACTOR shall assume that there are no protruding laterals unless it is noted in the special provisions, TV log sheets, or video tapes made available to the CONTRACTOR before the bid opening. Prior to insertion of the liner, the CONTRACTOR shall cut-off interfering identified protruding laterals as close to flush with the pipe interior as practicable. To prevent maintenance problems such as roots, infiltration, ex -filtration, or loss of backfill material into the newly lined pipe all plugged service connections identified in the pre -lining video tape shall not be opened unless specifically directed by the Director of Community Services and Water in the special provisions. (Replace the fourth sentence in the second paragraph with the following). The service opening shall be reinstated from a minimum of 95 percent to a maximum of 105 percent of the original service connection. (Add to the end of the second paragraph). - F-5 - SPECIAL PROVISIONS . The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing service connection. All final lateral cuts shall be finished off with a wire brush to remove chips and provide a smooth opening. 500-1.2 Pipeline Point Repair (Add to 500-1.2.4) The new point repair liner shall overlap at least one foot at both ends of cracked VCP pipe joints. 500-1.4 Cured -In -Place Pipe Liner (CIPP) 500-1.4.6 (Modify by adding the paragraph as follows) The curing water, used for the CIPP lining shall not be discharged onto the street surface or concrete gutter or into the storm drain catch basin but into the sewer manhole. 50'0-1.7.5 Chemical Resistance and Physical Testing. (Modify the last sentence of paragraph as follows): Proof of meeting these requirements shall be submitted with the Contractor's Bid. 500-1.7.6 Installation and Field Inspection (Replace paragraph with the following): Before installation, the pipe coils shall be checked by the inspector to verify compliance with the minimum wall thickness. 500-1.7.7 End Seals (Replace the paragraph. with the following): After installation, the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over one (1) inch. If a manhole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined. Compensation will be made by linear feet of corresponding pipe lining Contract Bid Item unit prices. -F-6- CITY O'F VERNON CONSTRUCTION PROJECT PROJECT NAME 4'-0" ZCNEDUMD TO, BEGIN DATE A.M. TO P.M. EXPECT .TRAFFIC DELAYS 14 I* NOTES: 1. ALL MAING LUMBER TO BE .Z x 6" S4S D.F. 2. ENTIRE . SIGN, INCl..,UDING . FRAMING TO. BE- PAINTED WITH TWO COATS OF DMIOR OIL. BASE VYHITE PAINT. 3. BRING TO BE DOME-. IN BLACK BY gUA1,IFISD SIGN FAINTEW AND TO THE SATISFACTION OF THE EJJ4INEER, ... 4, SIGNS TO BE MAINTAINED IN A. CPNDITION SATIS. FACTORY -TO THE ENGINEER, 5, SIGNS To BE FURNISHED BY CONTRACTOR ANb IN— STALLED. AND MM DY CON'fRACTpR- AS .DIREGtp BY THE ENOIN R, NO. CONSTRU0110N SHALL Come MENCE ' UNTIL SIGNS ARE IN PLACE, .STANDARD . QONSTRUCTION INN CIYX. OF VERNON. �illNE: •1� AO ti PHAhI. {�`IV CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 3, 2010 TO: Kevin Wilson, Director of Community Services & Water FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2010-1.57 — A Resolution of the City Council of the City of Vernon Authorizing the Issuance of a Notice Inviting Bids for the Installation of Storm Drain Trenchless Manhole -to -Manhole Pipe Linings and Sectional Linings (Point Repairs) Along Vernon Avenue Transmitted herewith is a copy of Resolution No. 2010-157 referenced above, which was approved by City Council on November 1, 2010. Thank you. WY:dj c: Resolution No. 2010-157 DATE: October 5, 2010 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Community Services & Water RE: Request for approval to advertise Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings and Sectional Linings (Point Repairs) project, Contract No. CS-0015 Herewith for your consideration is Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings and Sectional Linings (Point Repairs) project. The project consists of the installation of manhole -to -manhole pipe linings and sectional linings (point repairs) in the existing storm drain pipes along Vernon Avenue from east of Soto Street to west of Alcoa Avenue. Funds for the project will come from Account No. 011.10015o Street Improvements. These funds are set aside for street improvement projects on the Federal Aid Urban (FAU) System. Vernon Avenue is a FAU route. The City Attorney's office has reviewed and approved the Specifications for Contract No. CS-0015 (see attached memorandum). It is recommended that this contract be approved and authority be granted to advertise for bids on October 18, 2010. SKW/pc Enclosures COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Mark Whitworth, City Administrator ly FROM: Samuel Kevin WilsoniD ctor of Community Services & Water DATE: October 5, 2010 SUBJECT: Request for approval to advertise Vernon Avenue Storm Drain Trenchless Manhole - to -Manhole Pipe Linings and Sectional Linings (Point Repairs) project, Contract No. CS-0015 Herewith for your consideration is Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings and Sectional Linings (Point Repairs) project. The project consists of the installation of manhole -to -manhole pipe linings and sectional linings (point repairs) in the existing storm drain pipes along Vernon Avenue from east of Soto Street to west of Alcoa Avenue. Funds for the project will come from Account No. 011.100150 Street Improvements. These funds are set aside for street improvement projects on the Federal Aid Urban (FAU) System. Vernon Avenue is a FAU route. The City Attorney's office has reviewed and approved the specifications for Contract No. CS-0015 (see attached memorandum). It is recommended that this contract be approved and authority be granted to advertise for bids on October 18, 2010. SKW/pc Enclosures _t CITY ATTORNEY'S OFFICE MEMORANDUM CONFIDENTIAL TO: Samuel Kevin Wilson, Director of Community Services & Water CC: Laurence S. Wiener, City Attorney Gena M. Stinnett, Assistant City Attorney FROM: Katrina C. Gonzales, Assistant City Attorney DATE: October 4, 2010 SUBJECT: Contract No. CS-0015 -- Approved as to Form' The City Attorney's office has reviewed the City's Request for Proposal/Bids packet for Contract No. CS-0015 (Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs)) and has approved it as to form. 12720-000 1\ 1289201 v 1. doe CITY OF VERNON CALIFORNIA VERNON AVENUE STORM DRAIN TRENCHLESS MANHOLE -TO -MANHOLE PIPE LININGS & SECTIONAL LININGS (POINT REPAIRS) CITY CONTRACT No. CS-0015 BID OPENING DATE: December 8, 2010 COMMUNITY SERVICES & WATER DEPARTMENT 4305 SANTA FE AVENUE VERNON, CA 90058 (323) 583-8811 TABLE OF CONTENTS Page A. NOTICE INVITING SEALED PROPOSALS(BIDS1 ............................ B. INFORMATION FOR BIDDERS 1. General 2. Contract Documents .............................................. 3. License .............. I.............................................................................................. 4. Proposals .................................................. a............................................................ ................................................ B-1 5. Contract and Bonds .......................................... ..................... B-1 6. Addenda ............................................................................................................... B-2 7. Withdrawal of Bid .................. B-3 8. Award or Rejection of ....................................................................................... ........................ Bids B-3 9. ..................................... Bidders Interested in More Than One Bid 10. ........................................................................ Insurance and Financial Requirements 11. Preliminary Estimate ............................................B_3 ............................ .............. .............................................. B-3 12. Deductive Items ......................................... ........................ B-3 13. Tour of the Site ..........:.................................................................................................... B-4 14. Project DescriptionB-4 .................................................................................................... ........... ....................................................................... 15. . Project Map ....................................... .................................... ........ B-5 C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. Proposal 2. Bid Prices .......................... ........ ............................................................................. C-1 3. Materials ..................................................................I...... C-2 4. Subcontractors ............................... ....... .......................................................................... C-5 5. Deposit of Security ............................................................................................................... ........................................................ C-6 6. Bonds ............................................. .......... C-7 7. Withdrawal ............................................ .............................. ..................................... C-7 8. Principals ........................................................................ ........ C-7 9. License and Signature .......................................................... ............................ C-7 10: Bidder's Qualifications ....................................................... ................:................. C-8 11. Contractor's Acknowledgement of Insurance Requirements ...................... .................... C-10 D. CONTRACT Article1. GENERAL...........................................................................................D-1 Section1. Scope of Work ............................: .......................................................D-1 Section 2. Term of Contract....................................... Section 3. Consideration..........:................................................... .................D-1 .................................. Section 4. Payments D-1 .................................................................................... Section 5. Contract Documents ........................ D-2 Section 6. Compliance with Provisions of Law ........................................ .............. : .........................D-3 Section 7. Costs and Attorney's Fees ............................ ................................................................. ..D-3 Section8. Notices.................................................................................. ....D-3 ........................... Section 9. Conflict with Plans and Specifications............................................................................D-3 Section 10. Assignment ....D-3 ............................................................................... Section 11. Paragraph Headings ............................ Section 12. Authority of the City's Representative .............................. ............D-4 .................................. i Article 2. WAGES, HOURS AND WORKING CONDITIONSPage ......... D-4 Section 13. General Prevailing Wages................................................................................... Section 14. Hours of. Work ........................................:. D-4 .......................................................... Section 15. Apprentices ............... D-4 Section 16. Subcontractors ....................... ............................... .......... D-4 .......... Section 17. Discrimination ............ ................................ .......... D-5 ........................... ................................. Section 18. Safety ................................................................................... ....... ........... Section 19. Competence of Workers ............. ..................... D-5 ....................................................... Article 3. INSURANCE, INDEMNIFICATION AND BONDS ..................................................... D-5 Section 20. Insurance Section 21. Indemnification ........................... D-6 ................................ Section 22. Workers' Compensation ..................................... ...................... .............. D-6 Section 23. Labor and Material Bond .............................. D-6 Section 24. Performance Bond .................... . D-6 Article 4. PERFORMANCE ................•........D-6 ................................................................................ Section 25. Time for Completion .................. ....................................................................................... D-6 . Section 26. Force Majeure............................................................................. ............ D-7 Section 27. Utility Relocation ...................... :........... . D-7................................................... Section 28., Public Convenience ...........................:D-7 ............................ ............................ Section 29. Excavations ...................................D-8 .................................................................... Section 30. Extra Work.....................................................................:.....:............................... Section31. Clean-Up................................................................ ............. D-9 ...................................... Section 32. Materials........................................................ . Section 33. Permits and Licenses........................................................... D-9 .............................................. Section 34. Land and Rights of Way ................................................................... D-10 ................................ Section 35. Plans and Drawings .................... .......... . D-10 ............................................................................ Section 36. Shop Drawings Submitted by the Contractor ............................................. ....................... D-10 Section 37. Supervision by the Contractor.......................................................................................... D-11 Section 38. Inspection of Work .. ............. D-11 .................................................................... Section 39. Correction of Defective and/or Unauthorized Work ............ ...........:............................... ... D-12 Section 40. Errors or Discrepancies Noted by the Contractor.............................................................. D-12 Section 41. Equipment ...D-12 Article 5. MISCELLANEOUS ....................... .D-12 Section 42. Damages for Delay ................... ......................D-12 Section43. Guarantee ..................................... :...................................................... D-13 ...................... Section 44. Risk of Loss Prior to Final Acceptance ................... ..................D-13- ....................................... Section 45. Termination.......................................................... D-13 ......................:................................. Section 46. Records, Inspection, and Audit ...:.................................................. D-14 ............................... Section 47. Standard Specifications ................. .... ..........................................:. D-15 ................ Section 48. Independent Contractor....................................................D-15 ................................................. Section 49. Waiver...........................:............................: D-15 Section 50. Governing Law ..................• D-15 .............................................................................................. Section 51. City Not Obligated to Third Parties .................................... ..........D-15 ................................... Section 52. Dispute Resolution..........................................................D-15 .................................................. It Section 53. Assignment of Unfair Business Practices ............. Page D-16 Section 54. Entire Agreement ........................................................................... D-16 ........................ Section 55. Headings and Captions .......................... D-16 Section 56. Authority to Execute this Contract................. D-16 ............................................... Section 57. Severability ............ D-17 ..................................................................................... Section 58. Counterpart and Duplicate Originals ................... ............ D-17 ................................................ Section 59. Survival of Terms ................................................ ... D-17 E. BOND FORMS AND INSURANCE REQUIREMENTS ..........................: E_1,, Workers' Compensation Certificate ............................... E-2 ............ Performance Bond .. E-3 .............................. Labor and Material Bond ................................. .. E-5 Insurance Schedule ................................................ .... E-7 Documentation Required ........................... Proof of Insurance, Approval as to Form .................................... E-8 ......................... ...................................... Sample Irrevocable Letter of Credit........................................................................... E-9 . F. SPECIAL PROVISIONS .............................................. F-1 I. GENERAL ..........................:.................................. F-1 .................................................. Standard Specifications ................................. ............................... F-1 ............................................. Examinationof the Site ........................................ ............................... F-1 Mobilization..................................................... .......... F-1 TrafficControl.........................................................: Prohibited Parking In Work Area ............................... ............................... F-1 .......................................... Construction Schedule ................................ .............. F-1 Construction Hours ................................ ...... ........... F-2 .............................................................. Construction Signs............................................................. F-2 ................................................... Construction Activities Coordination F-2 MaterialSubmittals........................................................................................ F 2 ....................... Public Convenience................................................... F-2 ............................................................ Temporary Water Meter ..... F-2 Private or Public Property Damage .....................: ................................................................ ........ F-3 Cleaning of the Site During Construction .................. . F-3 Storm Water Pollution Prevention Plan (SWPPP) ...................... ...... F-3 Sanitary Facilities ............................. ............... F-4 .................................................................. . Unit. Prices :.............................................. .... 14 Existing Offset Manholes on Vernon Avenue .................................................. .... F-4 ............................ . Additional Pipe Quantities....................................I..... ......... F-4 II. TRENCHLESS MANHOLE -TO -MANHOLE PIPE LININGS & POINT REPAIRS .......... F-4 500-1.1.1 General F-4 500-1.1.4 Cleaning and Preliminary Inspection ......................... F-5 ..................:................. 500-1.1.5 Television Inspection .................................. ..................... F-5 500-1.1.7 Miscellaneous............................................................. . 500-1.2 Pipeline Point Repair.............................:................................................:................ F-6 500-1.4 Cured -In -Place Pipe Liner (CIPP) ............... F-6 .............................................:................. 500-1.7.5 Chemical Resistance and Physical Testing ............................ :.................................. F-6 500-1.7.6 Installation and Field Inspection ................ F-6 500-1.7.7 End Seals F-6 ................................................................................. G. STANDARD PLANS Im 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 Wednesday, December 8, 2010 (according to the clock in the City Clerk's office), for the furnishing to said City of all transportation, equipment, materials, labor, supplies and services necessary for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs). Proposals (Bids) shall be submitted to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 At said time, the bids will be opened in public.and announced at the offices of the City. Bids shall conform to and be responsive to the requirements for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs) and must be accompanied by a bid bond. The City Council of the City reserves the right to reject any and all bids. Copies of the Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs). Proposals (Bids) are on file and may be examined in the office of the City located at: mailed). 2010. Community Services & Water Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies may be obtained from said office with a nonrefundable deposit of $20.00 per set ($40.00 if Dated at the office of the City Clerk of the City of Vernon, this _ day of WILLARD YAMAGUCHI, CITY CLERK. of the City of Vernon, California - A-1 - B. INFORMATION FOR BIDDERS General The work hereunder must be done in strict conformity with the plans and specifications adopted and approved by the City for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to - Manhole Pipe Linings & Sectional Linings (Point Repairs). 2. Contract Documents (a) The Contract Documents shall consist of the following: Notice Inviting Sealed Proposals (Bids) Information for Bidders Bid Form Proposal Bid Bond Contract Performance Bond Labor and Material Bond Proof of Insurance Workers' Compensation Certificate Special 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 entered into between the successful bidder and the City. 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. 3. License A bid submitted by a Contractor who is not licensed in accordance with the provisions of Division III, Chapter 9, of the Business and Professions Code of the State of California will not be considered for award. 4. Proposals (a) Bids must be made in accordance with the following instructions: (1) Bids shall be made on the Bid Form Proposal furnished by the City as a part of Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to Manhole Pipe Linings & Sectional Linings (Point Repairs) All bids shall be properly executed with the signatures of all signatories written in longhand. All blank items shall be filled in. Numbers shall be spelled out and written in Arabic figures. If the words and Arabic figures are different, the words shall be used and the Arabic figures disregarded. Erasures, interlineations or other corrections shall be authenticated by affixing next to the mark or correction, or in the margin immediately adjacent thereto, the initials of the signatory(ies) to the bid. If the unit price' and the total amount set forth by a bidder, for any item, are not in the Bid Form Proposal, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. (2) Bidders must submit bids on all of the schedules set forth in the Bid Form Proposal. (3) Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered except as specified. Oral, telegraphic and/or telephonic proposals or modifications will not be considered. B-1 (4) Bids shall be accompanied by a cashier's check, a certified check, or bidder's bond in an amount equal to 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 the bidder will enter into Contract No. CS- 0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs) if awarded the work. The check or the bid bond may be forfeited to the City if the successful bidder: (1) refuses or fails to execute the Contract within fifteen (15) calendar days after receipt of written notice from the City that the Contract is ready for signature, or (2) refuses or fails to furnish the required Contract bond and/or proof of insurance coverage within thirty (30) calendar days after the City has provided written notice of award. If no bid is accepted by the City Council, 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 unsuccessful bidder. (b) Before submitting a bid, bidders shall: read Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs), especially the Special Provisions, and all other Contract Documents with care; visit the site of the work, and; be fully informed about all the existing conditions and limitations. The bidder should also be fully aware of the bond and insurance requirements as to the successful bidder. The bid shall specify the amounts to cover the cost of all items included in Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to Manhole Pipe Linings & Sectional Linings (Point Repairs) No allowance will be made because a bidder failed to examine the Contract Documents or obtain the requisite knowledge about the project prior to submitting its bid. (c) Bids shall be sealed in an envelope marked: Contract No. CS-0015 Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs) Bids shall be addressed to the City Clerk of the City and shall bear the name of the bidder. Bids shall be delivered to the City Clerk on or before the day and hour for the opening of bids as set in the Notice Inviting Sealed Proposals (Bids). It is the SOLE responsibility of the bidder to see that the bid is delivered and received before the scheduled closing time for receipt of bids. Any bid received after the scheduled closing time 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 any or all of the bids. 5. Contract and Bonds (a) The form of Contract that the successful bidder, as the Contractor, will be required to execute is included in the Contract Documents, and should be examined by the bidder with care. The Contract, bonds and other documents to be executed by the Contractor shall be executed in original triplicate stamped according to law. One original shall be filed with the City and the others with the appropriate City departments. (b) At the time the Contract is executed, the successful bidder will be required to furnish and maintain the following: (1) a Labor and Material Bond in an amount equal to 100% of the Contract price and (2) a. faithful Performance Bond in an amount equal to 100% of the Contract price. The bonds shall be secured from a surety company that the City finds acceptable. The surety's name must be on file with the County Clerk of Los Angeles County and/or the California Department of Insurance as an approved and financially sound surety company, authorized to transact business in this state. The bonds shall meet all of the requirements and contain all of the conditions specified in Sections 3247 and 3248 inclusive, of the Civil Code, and other applicable provisions of the law and/or regulations of the State of California. B-2 (c) If the successful bidder fails to execute the Contract, file the required bonds, and/or file proof of insurance coverage as required by the Contract Documents, the award of the Contract may be annulled by the City and the bid bond forfeited. 6. Addenda Any addenda issued before the time in which to submit bids expires, and included as a part of the Contract Documents furnished to the bidder for preparation of its bid, shall be covered in the bid and shall be apart of the Contract. 7. Withdrawal of Bid Any bidder may withdraw its 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 Reiection 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 irregularities in bids received. If, in the judgment of the City, a bid contains prices for the various items within the bid that appear to be unrealistically low, or if the bidder is not considered responsible, the bid maybe rejected. 9. Bidders Interested in More Than One Bid No person, firm or corporation shall be allowed to make or file, or be interested in more than one bid for the same work, unless alternative bids are permitted. A person, firm or corporation that has submitted a subproposal to, a bidder or quoted prices on material to a bidder, may submit a subproposal or quote prices to other bidders. 10. Insurance and Financial Requirements (a) Before entering into the Contract, the successful bidder shall furnish evidence that workers' compensation insurance, public liability, property damage insurance, and all other insurance specified in the insurance schedule set forth at pages E-7 and E-8 have been procured. The insurer must be an insurance company admitted in and authorized to do business in California and maintain a rating that is acceptable to the City. The insurance procured must be maintained in full force and effect for the entire duration of the Contract. (b) Before the Contract is awarded, any bidder upon request shall furnish a recent statement of said bidder's financial condition and previous construction experience or such other evidence of the bidder's qualifications, as may be required by the City. If not previously provided to the City, the successful bidder shall furnish a recent statement of its financial condition and previous construction experience or such other evidence of its qualifications before entering into the Contract. 11. Preliminary Estimate The preliminary estimate of quantities of work to be done and material to be furnished, as shown in the Contract Documents, are approximations 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 with the preliminary estimates. The City reserves the right to increase or decrease the quantity of any item or portion of the work or to omit portions of the work, as it deems necessary or expedient. The successful 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 B-3 done and those stated in its bidding sheets. Each bid item should be priced to carry its pro-rata share of the costs, overhead and profit. Bidders are cautioned against unbalancing their bid by including more than a pro-rata share of overhead and profit in any bid item. 12. Deductive Items Attention should be paid to Deductive Bid Items. These items have been listed in the Bid Price section of the Bid Form Proposal. All items will be totaled and included in the comparison of bids made by the City. The City has the option of deducting the Deductive Bid Items from the total bid price prior to awarding the Contract. 13. Tour of the Site A tour of the site of the proposed work has been set for Tuesday, November 23, 2010. The tour will start at the office of the Community Services & Water Department, City Hall, 4305 Santa Fe Avenue, Vernon, California at: 10:00 a.m. 14. Proiect Description Contract No. CS-0015 involves cleaning, removal and disposal of debris, rock, soil, trash eta., CCTV the exiting pipes, cutting protruding (break in) lateral pipes from the existing 15" & 18" diameter vitrified clay pipe (VCP), and furnish and install new pipe liners using Cured -In -Place Pipe (CIPP) method at the following portion of the street manholes located in the City of Vernon, State of California. (1) Vernon Avenue between Soto Street and Boyle Avenue. From Manhole No. 2 to Manhole No. 3 — 210 linear feet (15" diameter pipe). From Manhole No. 9 to Manhole No. 10 — 148 linear feet (18" diameter pipe). The Contractor shall also perform sectional lining (point repair) on 10 sections of cracked pipes along Vernon Avenue between Soto Street, Boyle Avenue and Alcoa Avenue. The new point repair liner shall overlap at least one foot at both ends of cracked VCP pipe joints. ;The existing pipes must be cleaned by hydro jetting to remove all debris, rock, soil, trash, tree roots, etc. before CCTV. All portions of the protruding (break in) lateral pipes in the main storm drain line must be cut off for clearance before installation of new liners. Existing lateral connections located within the lining sections shall be cut open and trim the edges for reconnections after completion of the manhole -to -manhole main liner and point repair liner installations. The Contractor shall CCTV lined sections of the pipes (manhole to manhole and point repair) again and delivers 2 sets of DVD and hardeopy printouts to the City for final approval. The quantities of Bid Items may increase depending on the finding of proposed CCTV report before lining. B-4 15. Project Map S'1'N Od LO Om O O Cn r� O z o ° U 4F m ¢"� 3iryNoe9 P Oyb O m ti O� 09 U S J ��b m0 J 0] � y � H O o AVM �OpO w oVOJ .JNMOo omnalvw J W o U 00 Z 3nN3AV V001V w 3nN3AV V001V Q Q° or Z J o JnN3A], ),08Z N ~ Z W OJ 0 133J1S OlOS 'O 133J1S OlOS 13381S .OiOS O w S = w 3nN3Atl 3111A3S (n � K � a LL3IJJVH x N _OA18 OIdIOVd z ¢ U x z N W N r x x Z ul Z O tlA6311I1(i 3nN3Atl 3J V1NVS 3nN3AV 3d V1NVS J _ = Z = O N vNi ssoa 3 JOHiMVH 0 13381S Vo3WVlV — B-5 — C. BID FORM PROPOSAL TO THE CITY OF VERNON 1. Proposal WORK TO BE PERFORMED: Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs), Contract No CS-0015 Name of Bidder: Business Address: 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. The work to be performed will be in accordance with the specifications and Contract Documents of Contract No. CS-0015. 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 working 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. CS-0015, 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, and that this proposal is made without, collusion with any person, firm or corporation. The bidder proposes and agrees that if this proposal is accepted, the bidder will execute a Contract with the City that is in substantially the same form as the Contract set forth in the Contract Documents. - C-1 - 2. Bid Prices The undersigned, as bidder, agrees that the bidder will accept in full payment thereof the following lump sum and unit prices, to wit: Perform all the work as specified herein and Special Provisions of Contract No. CS-0015. The total bid price amount includes furnishing all labor, materials, equipment, mobilization, traffic control, disposal of all removals, permits, fees, overhead, profit and taxes associated with the Contract No. CS-0015 with all of the work in place and in working order according to the plan and specification. Item No. 1 Remove, and dispose debris, trash, grease, soil etc. in the existing 15", 18" and 21" Vitrified Clay Pipe (VCP) by hydro jetting before CCTV Video Camera Inspection, complete in place, approximately 2,798 linear feet at: (words) (figures) per linear foot per linear foot (figures) Item No. 2 Perform CCTV Video Camera Inspection before installation of new liner in the existing 15", 18" and 21" Vitrified Clay Pipe (VCP), complete in place, approximately 2,798 linear feet at: per linear foot (words) (figures) per linear foot (figures) Item No. 3 Cut off and dispose all portions of the protruding (break in) lateral pipes in the existing main line Vitrified Clay Pipe (VCP), complete in place, approximately 6 each at: each (words) each (figures) (figures) C-a Item No. 4 Furnish and install new liner in the existing 15" Vitrified Clay Pipe (VCP) (between manhole #2 to #3), complete in place, approximately 210 linear feet at: (words) per linear foot (figures) per linear foot (figures) Item No. 5 Furnish and install new liner in the existing 18" Vitrified Clay Pipe (VCP) (between manhole #9 to #10), complete in place, approximately 148 linear feet at: (words) per linear foot per linear foot (figures) (figures) Item No. 6 Furnish and install new sectional liner (point repair) in the existing 15" Vitrified Clay Pipe (VCP) at various locations, complete in place, approximately (2 sectional lining X 10' each) 20 linear feet at: .per linear foot (words) (figures) per linear foot (figures) Item No. 7 Furnish and install new sectional liner (point repair) in the existing 21" Vitrified Clay Pipe (VCP) at various locations, complete in place, approximately (8 sectional lining X 10' each) 80 linear feet at: (words) per linear foot per linear foot (figures) (figures) C-3 Item No. 8 Cut open in the newly installed pipe lining for reconnection with existing lateral pipe entrance opening, complete in place, approximately 11 each at: (words) (figures) each each (figures) Item No. 9 Perform CCTV Video Camera Inspection after installation ofnew liners in the existing 15", 18" and 21" Vitrified Clay Pipe (VCP) (only on the newly lined sections of the pipes) complete in place, approximately 1,000 linear feet at: per linear foot (words) per linear foot (figures) m (figures) Item No. 10 Furnish and install Standard Construction Sign (4' X 6') per City of Vernon Std. Plan MV2217, complete in place, approximately 2.each at: (words) (figures) Total, Item Nos. 1 through 10 inclusive: $ (words) (figures) m each each (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-4 3. Materials The name. and address of the manufacturer for each type of material upon which this proposal is based is as follows: C-5 4. Subcontractors The bidder as general contractor hereby identifies 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 percent of the total bid. The bidder agrees that there shall be no substitution of subcontracting except upon compliance with the "Subletting and Subcontractors Fair Practices Act" (Public Contract Code Sections 4100, et seg.). (Instruction: List only one subcontractor for each such portion.) DIVISION OF PRINCIPAL WORK OR TRADE NAME OF FIRM OR CORPORATION LOCATION C-6 5. Deposit of Security ACCOMPANYING THIS PROPOSAL is (insertthe words "Cashier's Check", "Certified Check", or "Bidder's Bond") in an amount equal to 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 forfeited to the City as liquidated damages in case this bid proposal is accepted by the City, and the undersigned fails to execute the Contract. 6. Bonds The undersigned agrees to provide the City with a Performance Bond and Labor and Material Bond in the form set forth in the Contract Documents within seven (7) calendar days after the date of mailing of the acceptance. The surety will be one that the City finds acceptable. 7. Withdrawal The bidder acknowledges that it may withdraw its bid either personally or by a signed written request any time prior to the scheduled time for opening of the bids. Once the bids are opened, the bidder agrees that its bid will not be withdrawn for a period of sixty (60) days after the time set for the opening thereof. 8. Principals The names of all persons interested in this Bid Proposal as principals are as follows: C-7 9. License and Signature The undersigned is licensed in accordance with California Business and Professions Code, License No. Name of bidder: Signature of bidder: Title: Dated: NOTE: The complete and proper legal name of the bidder shall be set forth above. If the bidder is a corporation, two signatures are required, as follows: (1) the Mayor of the board, the president, or any vice- president, and (2) the corporate City Clerk, any assistant corporate City Clerk, 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.. C-a 10. Bidder's Oualifications The Bidder must have a minimum of five (5) years of experience as an ongoing business enterprise in the specific type of work indicated in the proposal. The following contracts which show experience in work of similar scope to that covered in the proposal and which have been satisfactorily completed in the past five (5) years are: YEAR NAME OF FIRM AND ENGINEER LOCATION CONTRACT AMOUNT The Bidder, as a contractor, has never failed to satisfactorily complete an awarded contract, except as follows: I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed at on this - - day of 2010. ' By: _ Name: CE 11. Contractor's Acknowledgement of Insurance Requirements. The Contractor acknowledges that the Insurance Schedule contained in section " E" has been reviewed, that a copy thereof has been submitted to an authorized insurance agent or broker, and that the proof 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 until all proof of insurance have been received and approved as to form by the City Attorney. The Contractor agrees that failure to submit the required proof 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 Name: Signature: Title: C-10 D. CONTRACT THIS CONTRACT FOR, Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -To -Manhole Pipe Linings & Sectional Linings (Point Repairs) is made, entered into; and executed in triplicate in the City of Vernon, California, as of the day of 2010. BY AND BETWEEN CITY OF VERNON, a municipal corporation hereinafter referred to as "City" 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 perform all the work described in the Contract Documents (the "Work") and furnish all labor, equipment, tools, and materials necessary to complete the Work. Section 2. Term of Contract The term of this Contract shall be from the date this Contract is made and entered, as first written above, and shall be completed upon final acceptance of the Work by the City and expiration of the guarantee period as set forth in Section 43. Section 3. Consideration The City shall pay the Contractor for the performance of the Work hereunder in accordance with the amounts set forth in the Bid Form Proposal completed by Contractor ("Bid Form Proposal"). Section 4. Payments (a) Monthly Progress ss Payments On or about the 25th day of each month, the Contractor shall submit to the City a monthly progress payment request. The request shall contain an estimate of the amount and value of all the work performed by the Contractor since the date of its last progress payment request. Upon receipt of the progress payment request, the City's Representative shall review it as soon as practicable after receipt for the purpose of determining that the request is a proper payment request. The City's Representative shall perform a quantity validation prior to approving the monthly progress payment. The City shall pay the Contractor the amount of the approved monthly progress payment, less 10% retention. The monthly progress payment may also be reduced by the following: (1) amounts due to the City for equipment, services or materials furnished by the City in connection with work done on the project; (2) amounts of any claims or liens, and (3) amounts required to be deducted by Federal, State or local governmental authorities. Payment shall be made within thirty (30) calendar days of City's approval of the Contractor's monthly progress payment application. If the City fails to make any progress payment within thirty (30) calendar days after receipt of an undisputed and properly submitted progress payment request from Contractor, City shall pay interest to D-1 - Contractor equivalent to the legal rate set forth in Code of Civil Procedure Section 685.010(a). Any progress payment request determined not to be a proper payment request suitable for payment shall be returned to Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the progress payment request is not proper. The number of days available to the City to make a progress payment without incurring interest pursuant to this section shall be reduced by the number of days by which the City exceeds. the seven-day return requirement set forth above. 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 under the Contract. (b) Final Progress 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 incurred in the performance of the Work. The Contractor shall be required to complete a close-out form certifying that the Work has been completed and releasing the City from all further obligations and liabilities. The City shall pay the Contractor according to the payment terms set forth in Section 4(a). (c) Payment of the Retention Payment of the retention 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. Acceptance of payment of the retention by the Contractor shall constitute a waiver of all claims against the City arising under this Contract. Section 5. Contract Documents (a) The Contract Documents shall govern the Work. The Contract Documents shall include the following: (1) Notice Inviting Sealed Proposals (Bids); (2) Information for Bidders; (3) Bid Form Proposal; (4) Contract; (5) Bid Bond, Performance Bond, Labor and Material Bond, Proof of Insurance, and Workers' Compensation Certificate; (6) the City of Vernon Special Provisions and Federal Highway Administration Requirements (collectively, "Special Provisions"); (7) detailed Plans and Specifications; (8) Standard Specifications and Drawings; and (9) any addenda to Information for Bidders ("Addenda"). The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. (b) Precedence of Contract Documents If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The precedence shall be as follows: 1) Permits issued by jurisdictional regulatory agencies. 2) Change Orders and/or Supplemental Contracts; whichever occurs last. 3) The Contract. 4) Addenda. 5) Information for Bidders. 5) Bid Form Proposal. 6) Special Provisions. - D-2 - 7) Detailed Plans and Specifications. 8) Standard Specifications and Drawings. 9) Bid Bond, Performance Bond, Labor and Material Bond, Proof of Insurance, and Workers' Compensation Certificate. Detailed drawings shall take precedence over general drawings. Section 6. Compliance with Provisions of Law The Contractor shall comply with all applicable provisions of law whether Federal, State, or local relating to ,its performance under the Contract. Section 7.. Costs and Attorney' s Fees In the event a dispute, claim or litigation arises regarding this Contract, the prevailing party shall beentitled to reimbursement for reasonable attorneys fees and actual costs, which may be set by arbitrators or the court in the same action or in a separate action brought for that purpose, in addition to any other relief which is obtained. Section 8. Notices Any notices, approvals, consents and other communications required or permitted hereunder shall be given by personal delivery or by certified mail (return receipt requested), postage prepaid, and shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours; or (b) the second business day following deposit in the United States mail as certified mail (return receipt requested), postage prepaid, to the addresses set forth below: To: Contractor To: . City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Section 9. Conflict with Plans and Specifications Any conflict between the Plans and Specifications and this Contract shall be brought to the attention of the City's Representative for resolution. Section 10. Assignment The Contractor shall not assign the Contract in whole or in part or any rights, duties, or obligations arising under the Contract. Any attempt by Contractor to so assign this Contract or any rights, duties, or obligations arising hereunder shall be void and of no effect. Section 11. Paragraph Headings The paragraph headings herein are for the convenience of the parties and shall not affect the interpretation of the Contract. - D-3 - Section 12. Authority of the City's Representative The City's Representative shall be the City Administrator or his designee. The City's Representative shall decide all questions which may arise regarding the quality and/or acceptability of materials furnished, the manner and/or acceptance of the Contractor's performance, the rate of progress, and the interpretation of the Plans and Specifications. Article 2. WAGES, HOURS and WORKING CONDITIONS Section 13. General Prevailing Wages The Contractor agrees that it, or any subcontractor working under it, will not.pay less than the prevailing rates of wages to all workers employed in the execution of this Contract. The Contractor will post one copy of the 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 prevailing rates for such work or craft in which the workman is employed or any work done hereunder by him, or by subcontractor under him, the Contractor shall forfeit as a penalty to the City the sum of $25.00. The City shall take cognizance of all violations of this section committed in the course of the execution of the Contract and shall report them to the Division of Labor Standards Enforcement. Section 14. Hours of Work (a) The time of service of any worker employed on the Contract is limited to eight hours during a calendar day and forty hours during a calendar week. If an employee works in excess of the foregoing hours, the employee will be compensated at a rate of one and one-half times their basic rate of pay. (b) The Contractor shall keep and make available until three (3) years after recordation of a Notice of Completion by the City an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by it on the work hereunder. (c) The Contractor shall, as a penalty, forfeit to the City $50.00 for each worker employed on the work by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours a calendar day or forty hours in one calendar week. Section 15. 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. Section 16. Subcontractors (a) I The Contractor shall comply with the provisions of the "Subletting and Subcontracting Fair Practices Act" contained in Public Contract Code Sections 4100, et sec . (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 Contractor's total bid. (2) The portion of the Work to be done by each subcontractor identified in Section 16(b)(1). - D-4 -- (c) The Contractor shall list only one subcontractor for each portion of Work as defined by the Contractor in its bid. (d) The Contractor shall not use .a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Section 1777.1 or 1777.7. Section 17. Discrimination The Contractor shall not refuse to employ or promote any person, 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 in its employment becauseof the person's race, religion, creed, color, national origin, ancestry or sex. In addition, the Contractor shall not refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion,. creed, color, national origin, ancestry or sex. Section 18. 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 of the Code of Federal Regulations, and by the State of California, Division of Industrial. Safety. Section 19. Competence of Workers All persons performing the Work shall have all necessary technical expertise, permits, professional licenses, certificates, training, and other qualifications required by this Contract or other applicable laws. Contractor shall provide City with said permits, licenses, and certificates at the request of City. Article 3. INSURANCE, INDEMNIFICATION and BONDS Section 20. Insurance (a) The Contractor shall provide the City with proof of insurance naming the City, its consultants and each of it selected officials, officers, agents, employees, and volunteers as additional -named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule contained herein. The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect; .the policy or policies of insurance set forth in the Insurance Schedule, including all special endorsements listed on the Insurance Schedule. Said coverage is not required. for the active negligence of the City to the extent that indemnification for the City's active negligence would be invalid under Civil Code Section 2782(b) of the. The proof of insurance shall also provide that said policy or policies are not to be canceled or materially reduced without giving the City at least 30 days written notice. (b) The Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of the Contract. (c) The policy or policies required by this Contract shall be issued by an insurer admitted in the State of California and with a rating of at least a B+;VII in the latest edition of Best's Insurance Guide. (d) The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, the City may either immediately terminate the Contract or, if insurance is available at a reasonable cost, the. City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. (e) The insurance provided by Contractor shall be primary to any coverage available to the City, and any insurance or self-insurance, maintained by the City or its elected officials, officers, agents, employees or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. The policies of - D-5 - insurance required by the Contract shall include provisions for waiver of subrogation against the City. (f) Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to the City, or Contractor shall procure a bond guaranteeing payment of losses and expenses. Section 21. Indemnification (a) . To the fullest extent permitted by law, Contractor shall indemnify, protect, defend, and hold harmless the City, its consultants and each of its elected officials, officers, agents, employees, and volunteers 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 attorneys' fees and costs of defense arising, directly or indirectly, in whole or in part, out of the services performed under this Contract, except to the extent arising from or caused by the sole active negligence or willful misconduct. of the City, its elected officials, officers, agents, employees or volunteers. (b) The provisions of this section shall not terminate or expire, shall be given the broadest possible interpretation, and shall survive the expiration or earlier termination of this Contract. (c) The obligations in this section are in addition to Contractor's. duty to provide insurance and shall not be limited by any limitation on the amount or type of insurance coverage carried by Contractor. Section 22. Workers' Compensation The Contractor shall secure payment of compensation to Contractor's employees pursuant to Labor Code Section 3700, and shall obtainemployers' liability insurance as set for th.in the Insurance Schedule. Prior to commencing work hereunder; the Contractor shall submit to the City the Workers' Compensation Certificate, 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 elected officials, officers, agents, employees and volunteers. Section 23. Labor and Material Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Labor and Material Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to pay its subcontractors for labor and material used in this project. Said bond shall be in substantially the same form as that attached_ hereto. The surety will be one that the City finds acceptable. Section 24. Performance Bond The Contractor shall execute and deliver to the City for its approval and acceptance a Performance Bond in an amount equal to the total amount payable under the terms of this Contract. Said bond shall be payable by surety or sureties to the City in the event the Contractor fails to fully perform under this Contract. Said bond shall be in substantially the same form as that attached hereto. The surety will be one that the City finds acceptable. Article 4. PERFORMANCE Section 25. Time for Completion The work shall be completed in the number of working days specified in the Bid Form Proposal. - D-6 - Section 26. Force Maieure Neither Party shall be considered to be in default in any of its obligations under this Contract when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, sabotage, or embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Contract by reason of an uncontrollable force,, shall give written notice within five (5) Business Days of such fact to the other party and shall exercise due. diligence to remove such inability with all reasonable dispatch. Section 27. Utility Relocation (a) The City will identify the main and/or trunk lines in the Plans and Specifications. The City is .responsible for the timely removal, relocation or protection of existing main and/or trunk line utility facilities located on the construction site, unless such utilities facilities are identified by the City in the Plans and Specifications: The City shall pay the costs of removing or relocating utility facilities not identified in the Plans and Specifications with reasonable accuracy, repairing damage not due to the Contractor's failure to exercise reasonable care, and 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 utility owner to provide` for. the 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 construction site can be inferred from the presence of other visible facilities, such as buildings or metering junction boxes on or adjacent to the construction site. (c) If the Contractor, while performing under the Contract, discovers utility facilities not identified by the City in the Plans or Specifications, the Contractor shall immediately notify the City's Representative and the utility owner in writing. Section 28. Public Convenience (a) The Contractor's operation shall not unnecessarily cause any 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 that provides 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 the 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 that may arise during construction. The Contractor shall furnish and install and, upon completion of the Work, promptly remove all signs and warning devices. - D-7 - (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, public transportation (MTA), traffic and engineering departments of the City and any other jurisdictional agencies involved and shall comply with their requirements. Section 29. 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 the Contractor's plan varies from the shoring system 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 cover completely all open excavations in the public right-of-way with steel plates.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, and the Special Provisions -Temporary Cold Mix Asphalt Concrete. Section 30. 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 or addition made without a written order from the City. The written order shall state that the .extra work, change or: addition is authorized by the City, identify the work that is to be done and method to be used to accomplish the work, and set forth the basis upon which.payment is to be made. 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 amount of any change or addition that might be ordered. The adjustment, if any, in the amount to be paid to the Contractor .by reason of any such change, addition or deduction shall be determined by one of the following methods: (1) A lump sum proposal from the Contractor. (2) By applying the unit prices contained in the Bid Form Proposal or fixed by agreement between the City and the Contractor. (3) By proceeding with the Work and furnishing daily reports of extra work by the close of the next working day. Failure to submit the daily report in a timely manner may waive the Contractor's right to compensation for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the City's Engineer or his designee. The daily report shall itemize the costs for labor, materials, and equipment rental. Reportedlabor costs shall include the names and classifications of the workers, the hours worked, and the rates of pay. Reported equipment costs shall include the, type of equipment used, the identification number, the hours of operation, and hourly rate. All records and reports shall be made immediately available to the City's Representative. (b) Markup This section shall modify and replace "Section 3-3.2.3, Markup" of the Standard Specifications for Public Works Construction (2009 Edition) referenced and incorporated herein by Section 47. (1) Work by Contractor. The following percentages shall be added to the Contractor's costs and D-8 - shall constitute the markup for all overhead and profits: a) Labor. ......................20% b) Materials ......................15% c) Equipment Rental .....................15% d) Other Items and Expenditures ............15% To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding. (2) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor,the markup established in (1) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion .of the extra work may be added by the Contractor. Section 31. Clean Up Upon completion of the Work, the Contractor shall remove all debris and surplus materials from the work site. Section 32. Materials (a) New Materials and Equi ment Unless otherwise specified, shown, or permitted by the City all material and equipment incorporated in the. Work shall be new and of current manufacture. The City may request that the Contractor furnish manufacturer's certificates indicating the quality of the material. No material shall be installed until approved by the City's Representative. (b) Inspection of Materials All material furnished hereunder shall be subject to inspection and testing by the City's authorized agents at the City's expense. In the event that such inspection and testing reveals material that does not comply with the Contract Documents, the Contractor shall bear:the cost of necessary corrective measures as well as the cost of subsequent inspection and testing. m (c) Defective Equipment or Materials The inspection under Section 31(b) shall not relieve the Contractor of any of its obligations under the Contract. Even though equipment or material required to be provided has been inspected, accepted, and included in a monthly progress payment request, the Contractor shall, at -Contractor's expense, replace or repair any such equipment or material found to be defective or otherwise non -compliant with the Contract Documents up through the guarantee period in Section 43. (d) Storage of Materials All material 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 solely responsible for damage or loss of materials caused by exposure, weather or other causes. Section 33. Permits and Licenses (a) The Contractor shall apply for and procure all certificates, permits and licenses required by federal, state, or local law, rule or regulation necessary for the work except: - D-9 - Encroachment Permits from City of Vernon (b) The Contractor shall provide all notices necessary and incidental to the lawful prosecution of the work and shall comply with the terms and conditions of all certificates, permits and licenses. (c) The Contractor shall pay all charges and fees in connection with all certificates, permits and licenses except those required by the following: Encroachment Permits from City of Vernon Section 34. Land and Rights of Way (a) The Cityshall provide, or arrange for the provision of, the 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 such agreements. (c) Except as provided in Section 27, when the work described in the Contract Documents is to be performed in the vicinity of existing improvements, said improvements shall not be disturbed. or damaged. However, the Contractor may remove or relocate improvements in the land and rights of way provided by the City pursuant to Section 34(a): Section 35. Plans and Drawings (a) The approved plans may be supplemented by working drawings as are necessary to monitor the Work. All drawings shall be consistent with the Contract Documents. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor. (b) The City will furnish the Contractor with copies of all drawings and specifications reasonably necessary for the execution of the work, at no charge. The Contractor shall keep one set of drawings and specifications in good order at the job site and make them available to the City's Representative and to the Contractor's representatives. (c) The drawings and/or plans will show conditions as the City believes them to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation _by.the City that such conditions are existent. The City shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the drawings and/or plans and the actual conditions revealed during the progress of the Work, or otherwise. Section 36. Shop Drawings Submitted by the Contractor (a) 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 that the City has completed its review of the shop drawing. 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, approve, and submit for review by the City's Representative shop drawings for material and equipment to be incorporated into the Work. Four '(4) copies of shop drawings shall be submitted to the City with a letter of transmittal listing the submitted.. Drawings shall show the name of the project, the name of the Contractor, and the names of suppliers, manufacturers, and - D-10 - subcontractors, if any. Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in progress of the Work. (c) Shop drawings shall be complete. If the shop drawings show any deviation from the requirements of the Plans and Specifications 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 conform_ s to the plans and specifications except for. any deviation identified in the letter of. transmittal. (e) Within ten .(10) calendar days after receipt of the shop drawings, the City will return two prints of the drawings to the Contractor along with its comments. The Contractor shall resubmit corrected drawings, if the City has so requested. Resubmitted shop drawings shall be processed in the same manner as the original submittals. The Contractor's letter of transmittal accompanying its resubmitted shop drawings shall highlight the revisions requested by the City. (f) The City's Representative will review the shop drawings only for general conformance with the design concept of the project and general compliance with the Plans and Specifications. The City's review of the shop drawings shall not be construed as relieving the Contractor of its responsibilities under the Contract, including but not limited to: (1) providing material and equipment; (2) ensuring the proper fitting and construction of the _pipeline; (3) submitting accurate and complete shop drawings;. (4) selecting proper fabrication processes and techniques; and (5) performing the Work in a safe manner. Section 37. Supervision by the Contractor The Contractor shall have a designated representative or alternative representative present at the worksite whenever work is in. progress. The Contractor's designated representative or alternate representative shall have authority to act for the Contractor. Before starting the Work, the Contractor shall inform the City; in writing, of the name of its designated representative. An alternate representative may also be designated. Any communication between the City and the Contractor's representative shall be deemed as a communication to the Contractor. If the Contractor fails to have a designated representative present at the worksite, the City's Representative may give necessary direction or instruction to the superintendent or foreman having charge of the specific work to which the direction or instruction applies.. The superintendent or foreman shall comply with the direction or instruction promptly and shall relay the City's communication to the Contractor or its'.designated representative. Section 38. Inspection of Work (a) The City shall have access to the worksite at all times to review and/or inspect the progress of the Work, the workmanship and the material being used. (b) Whenever the Contractor changes its hours of operation, notice shall be approved by the City's Representative one week prior to institution of the change. Any work done in the absence of the City's Representative may be subject to rejection, at the City's discretion. (c) All excavations that are to be backfilled shall be inspected and approved by the City's Representative prior to backfilling. The Contractor shall give the City's Representative advanced notice of the backfilling. (d) Inspection of the Work by the City's Representative shall not relieve the Contractor of the obligation to fulfill the Contract. Defective work shall be corrected, notwithstanding the fact that the City's Representative may have previously accepted the defective work. - D-11 - Section 39. Correction of Defective and/or Unauthorized Work (a) All work that has been rejected shall be corrected, or removed and replaced by the Contractor, at the City's direction. Any remedial work will be done in a manner acceptable to the City. The Contractor shall pay the remediation and/or removal and replacement costs. The Contractor must obtain written authorization from the City to perform extra or unauthorized work prior to undertaking such work. The Contractor will not be compensated for any unauthorized work. In addition, the City may order the Contractor to remove, at the Contractor's expense, any extra or unauthorized work. (b) The Contractor must comply promptly with any order made by the City under the provisions of this article. If the Contractor fails to comply with the City's orders, the City may in its discretion cause defective work to be corrected by its own forces or by another contractor. The amount that the City paid to correct the defective work will be deducted from any monies due or to become due to the Contractor. Section 40. Errors or Discrepancies Noted by the Contractor (a) If the Contractor, either before commencing.the Work or in the course of performing the Work, finds any discrepancy between the Contract Documents, especially the Plans, Specifications, drawings, and boring logs, or between any of them and the physical conditions at the worksite, or finds any error or omission in any of the Plans, Specifications, drawings, boring logs, or in any survey, the Contractor 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, Contractor shall promptly notify the City in writing of such deviation or conflict. (b) The City, upon receipt of such notice, shall promptly investigate the circumstances and give appropriate instruction to the Contractor consistent with Section 30. Until such instruction is given by the City Engineer, any work done by the Contractor, either directly or indirectly after its discovery. of such error, discrepancy, omission, deviation or conflict, will beat the -Contractor's own risk. The Contractor shall bear all costs arising from, any work that incorporates such error, discrepancy, omission, deviation or conflict. Section 41. Equipment The Contractor shall furnish equipment and facilities to perform the work to the industry standard in accordance with the Plans and Specifications. Such equipment and facilities must be in a.good state of repair, be 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 42. Damages for Delay (a) The Contractor acknowledges the City's desire that the Work be completed on or before the dates specified in the Bid Form Proposal. The Contractor also acknowledges that if its work is not completed on or before said dates, the City will incur substantial damages that 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 under the Contract. (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 unfeasible to determine the amount of actual damage. Therefore, the Contractor will pay the City, as fixed and liquidated damages and not as a penalty, the sum of $1,500.00, for each and every calendar day of delay, and that the Contractor and its Surety will be liable for the amount thereof. The Contractor, however, will 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. - D-12 - (c) The Contractor shall within ten (10) days from the beginning of any such delay (unless the City grants 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. Upon notification of a delay, the City shall ascertain the facts and extent of the delay and extend the time for completing the work if in its sole and absolute discretion its findings justify such an extension. The City's findings 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 City's best interest. If the City extends the time limit for completing 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 expenses. These expenses include, but are not limited to, the costs associated with engineering,inspection, supervision, incidental and overhead expenses that are directly chargeable to the Contract and that accrue during the period of extension. Therefore, the Contractor acknowledges that the City shall be reimbursed for its expenses before the final payment of the ten percent (10%) retention is made. Section 43. Guarantee The Contractor guarantees the Work against: defective workmanship, and the: materials furnished, for a period of one year from the date the City accepts the work in accordance with Section.4(c). The Contractor shall repair and replace any and all such defective work, together with any other work which may be displaced in so doing, at no cost to the City. The Contractor is not responsible for the repair or replacement of material damaged through ordinary wear and tear; usual abuse, or neglect. The City may proceed to repair or replace defective work and/or materialif the Contractor fails to do so within a week after Contractor's receipt of written notice from the City. The Contractor agrees to pay the costs and charges the City incurs in repairing and replacing defective work and/or materials upon demand. Section 44. 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. The Contractor, at its sole cost, shall repair or replace such damaged or destroyed work to its prior undamaged condition before being entitled to additional progress payments, the final progress payment or payment of the retention. .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 45. Termination (a) Termination (Contractor's Default) (1) The Contractor will be in default if it does any of the following: (a) declares bankruptcy, becomes insolvent, or assigns its assets for the benefit of its creditors; (b) disregards or violates a material provision of the Contract or the City's instructions; (c) fails to prosecute the Work according to the approved construction schedule; (d) fails to provide a qualified superintendent, representative, competent workers, or subcontractors; and/or (e) fails to provide materials or equipment that meets the requirements of the Plans, Specifications, and drawings. The City shall notify the Contractor in writing of such default. Upon receipt of written notice of default, the Contractor shall, at Contractor's expense, preserve at the project site, all construction materials and equipment, and shall undertake immediate steps to remedy such default. (2) Upon the occurrence of any of the events stated in Section 45(a)(1), the City may, at its option, terminate the right to proceed with the Work to which default has occurred or• terminate the Contract if the Contractor fails to cure such default within ten (10) calendar days after receipt of written notice of default. A written notice of termination shall be provided to the Contractor, but not to the Contractor's sureties. Upon receipt of such written notice, the Contractor shall at its expense and for the work affected by any such termination: - D-13 - (i) assist the City in making an inventory of all material and equipment located at the site, enroute to the site, in storage or manufacture away from the site, and/or on order from suppliers; assign subcontracts, material and equipment supplier contracts, and equipment rental agreements to the City, as designated by the City; and remove from the site all construction material and equipment listed in said inventory other than the material and equipment which are to be used by the City in completing the Contract. (3) The City shallhave the right to.complete the Work to which the termination applies. The Contractor agrees that the City shall have the right, for such purpose and for as long as necessary, to designate in writing, take possession of and use any or all of the material, plant, tools, equipment, supplies and property furnished by the Contractor. (4) The cost of completing such work, together with reasonable costs for administering any contract for completion, will be charged to the Contractor. The City will deduct these costs from the sum due or the sum that may become due to the Contractor. If these costs exceed the sum which would have been payable under the Contract, then the Contractor and/or.its sureties shall be liable for and, upon written notice from the City, shall promptly pay the excess amount to the City. The City shall not be required to retain the bidder with: the lowest estimate for completion of the work. The City may make any expenditures that, in its sole judgment,.best accomplish the completion of the e project. If such costs are less than the balance that would have been due, the Contractor shall have no claim to the difference. The City may, however, decide to reimburse the Contractor or the. Contractor's sureties for costs incurred for materials, tools, equipment, property, and labor which were usedin performing the Work and of which the. City shall have received the benefit. In computing the costs, as it relates to equipment owned by the Contractor, the salvage value at completion of the Work shall be deducted from the depreciated value at the time the Contract was terminated. (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 for (1) the cost of the work performed up to the date the Contract is terminated, and (2) for the cost of materials and equipment at the site, 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 cost of the 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 progress payment as described in Section 3. Section 46. Records, Inspection, and,Audit During the course of the Work performed under this Contract, Contractor and any of its subcontractors shall maintain and retain, not less than three (3) years after the term of the Contract expires, complete and accurate records of the Contractor's costs which are chargeable to the City under this Contract. City or its designated, authorized representatives shall have the right during this three (3) year period, upon written reasonable notice, to inspect and audit those records. Such recordsto be maintained and retained by Contractor shall include: (a) payroll record accounting for the total time distribution of the Contractor's employees working full or part time on the Work (to permit tracing to payroll payments in cash); (b) invoices for purchases, receiving and issuing documents, and all the other unit -inventory records for the Contractor's D-14 - stores, stock or capital items; (c) paid invoices and canceled checks for material purchased and for the subcontractor's and other third parties' charges; and (d) any other documentation the City deems necessary to support costs and charges under this Contract. Section 47. Standard Specifications The "Standard Specifications for Public Works Construction", 2009 Edition, published by Building News, Inc. is hereby incorporated by this reference and made a part hereof as though fully set forth at length. In the event, however, that said Standard Specifications are inconsistent with the terms of this Contract and the Special Provisions; then this Contract and the Special Provisions shall be deemed controlling. Section 48. Independent Contractor The Contractor is and shall at all times remain, as to the City, a wholly independent Contractor. neither the City nor any of its elected officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of Contractor's agents or employees, except, as herein set forth. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Section 49. Waiver The waiver by either party of a breach or default by the other party shall not be deemed a waiver of any different or later breach whether of the same or other covenant or condition; nor shall any delay or omission by either party to exercise any right it. may have under this Contract operate as a waiver of any breach or default of such a right. The failure of either party to this Contract to exercise any of its rights under this Contract does not constitute a breach of it and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. Section 50. Governing Law The rights, obligations, duties and liabilities of the parties to this Contract and the interpretation of this Contract shall be governed by the domestic law of the State of California, without'regard to its laws regarding choice of applicable law. Any.litigation concerning this Contract shall take. place in the superior court with.geographic jurisdiction over the City of Vernon. Section 51. City Not Obligated to Third Parties The City shall not be obligated or liable under this Contract to any party other than Contractor. The City shall timely notify Contractor of the receipt of any third -party claim relating to this Contract. The City shall be entitled to recover its reasonable costs incurred in providing the notification required by this section. Section 52. Dispute Resolution (a) All disputes arising out of or related to this Contract, either party's conduct in connection with this Contract, and the relationship and rights of the parties in connection with this Contract, whether characterized as a breach of contract, tort, or otherwise, shall be determined by binding arbitration in accordance with the terms of this section. The submittal of matters to arbitration in accordance with the terms of this section is the sole and exclusive method, means, and procedure to resolve any and all claims, disputes or disagreements arising under this Contract, except for claims by either party which seek injunctive relief, which claims shall be shall be resolved by suit filed in the Superior Court of the County of Los Angeles, California, the decision of which court shall be subject to appeal pursuant to applicable law. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Section, relying on arbitration as the sole means of resolution of disputes. - D-15 - (b) Arbitration of all matters required to be arbitrated hereunder shall take place before a panel of three (3) retired judges of the Superior Court of the State of California (the "Arbitrators") under the auspices of the Judicial Arbitration & Mediation Services ("JAMS"). Such arbitration shall be initiated by the parties, or either of them, within ten (10) calendar days after either party sends notice of a demand to arbitrate ("Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall contain a description of the subject matter of the arbitration, the dispute with respect thereto, the amount involved, if any, and the remedy or determination sought. Each party shall select a retired judge from the JAMS panel, and the two selected judges shall mutually agree on the third retired judge from the JAMS panel. If one of the parties does not select a retired judge from the JAMS panel within fourteen (14) calendar days after receipt of the Arbitration Notice, JAMS will select the second judge, and the judge selected by JAMS and the judge selected by the other party will select the third judge for the panel. The third judge shall be selected within ten (10) calendar days following the selection of the first two judges. The three judges will together serve as the Arbitrators. The arbitration shall be conducted in Los Angeles, California. Any party may be represented by counsel and/or other authorized representatives. Except as specifically provided in this Section 30, the arbitration shall be conducted in.accordance with JAMS Engineering and Construction Arbitration Rules and Procedures. (c) In rendering a decision(s), the Arbitrators shall determine the. rights and obligations of the parties according to the substantive and procedural laws of the State of California and the terms of this Contract. The Arbitrators' decision shall be based on the evidence introduced,at the hearing and accompanied by a written statement of decision as to each of the principal controverted issues. The agreement of two (2) of the three (3).Arbitrators as to the resolution of the dispute shall be a conclusive resolution: The Arbitrators shall deliver the written decision to the parties within thirty (30) calendar days following the date of the hearing. The decision shall be conclusive and binding, and it may thereafter be confirme&as a judgment by the Superior Court of the State of California, subject only to challenge on the grounds set forth in Code of Civil Procedure Section 1286.2. (d) The validity and enforceability of the Arbitrators' decision shall be determined exclusively by the California courts. Section 53. AssiLmment of Unfair Business Practices The Contractor and its subcontractors offer and agree to assign to the City allrights, 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) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchases of goods, services, or materials pursuant to this Contract or subcontracts. 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. Section 54. Entire Agreement This Contract represents the entire integrated agreement between the City and Contractor, and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by a written instrument signed by both the City and Contractor. Section 55. Headings and Captions The headings and captions used in this Contract are for convenience only and shall in no way define, limit, or describe the scope or intent of this Contract or any part of it. Section 56. Authority to Execute this Contract The person or persons executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. - D-16 - Section 57. Severability Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect. Section 58. Counterpart and Duplicate Originals This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. Section 59. Survival of Terms All of the terms and conditions of this Contract related to payment, indemnification, dispute resolution and waiver shall survive termination of this Contract. D-17 - IN WITNESS WHEREOF the parties hereto have executed this Contract or caused it to be executed as of the day, month and year first above written. CITY OF VERNON By Hilario Gonzales, Mayor ATTEST: By Willard Yamaguchi, City Clerk APPROVED AS TO FORM: By Laurence S. Wiener, City Attorney CONTRACTOR NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate 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. D-18 E. BOND FORMS AND INSURANCE REQUIREMENTS Contractor shall provide the City with a Workers' Compensation Certificate in a form substantially similar to that shown herein. Both the Performance Bond and the Labor and Material Bond shall be provided on the forms enclosed herewith. A Sample Letter of Credit is also enclosed as a guide for a bidder's security. Insurance coverage shall be provided in the types and amounts shown on the Insurance Schedule. A copy of the policy or a notarized letter from the insurance underwriter or carrier verifying the coverage must be provided to the City in order todemonstrate proof of insurance. - E-1 - WORKERS' COMPENSATION CERTIFICATE The undersigned acknowledges'that Section 3700 of the California Labor Code requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Labor Code. The undersigned agrees to comply with such provisions before commencing the performance of this Contract. CONTRACTOR Name Signature Title. Name Signature Title NOTE: The complete and proper legal name of the Contractor shall be set forth above. If the Contractor is 'a corporation, two signatures are required, as follows: (1) the chairman of the board, the president, or any vice- president, and (2) the corporate secretary, any assistant corporate secretary, the chief financial officer, or any assistant treasurer. If the Contractor 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 Contractor 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 - PERFORMANCE 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 2010, has awarded' hereinafter designated as the "Principal", Contract No. CS-0015 for Vernon Avenue Storm Drain Trenchless Manhole -To -Manhole Pipe Linings & Sectional Linings (Point Repairs) 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 , as Surety, are held firmly bound unto the CITY OF VERNON hereinafter called the "Obligee," 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 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 pay City's reasonable attorney's fees to be fixed by the court. Performance Bond - 1 - E-3 - IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by the Principal and Surety above named, on the day of 2010. Name (Attach Acknowledgment) By Name By is APPROVED AS TO FORM: Laurence S. Wiener, City Attorney (Principal) (Surety) (Attorney -in -fact) Performance Bond - 2 - E-4 - LABOR AND MATERIAL BOND day of KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the City Council of the City of Vernon, a municipal corporation, by action on the 2010, has awarded to hereinafter designated as the "Principal," Contract No. CS-0015, for Vernon Avenue Storm Drain Trenchless Manhole -To -Manhole Pipe Lininils & Sectional Linin s Point RepaiLsl 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 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 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 Bond - 1 - E-5 - 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 2010. Name (Attach Acknowledgment) By Name RZ an APPROVED AS TO FORM: Laurence S. Wiener, City Attorney (Principal) (Surety) (Attorney -in -fact) Labor and Material Bond - 2 - E-6 - INSURANCE SCHEDULE (CONTRACTOR) Contractor shall provide and shall maintain on file with the City proof of insurance, including but not limited to, a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Bodily In'uurry 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 $ Statutor Employers' Liability $1,000,000 per employer II. Liability General Liability $1,000,000 $2;000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (If Applicable) $1,000,1000 $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 Contractual Liability ...$1,000,000 $2,000,000 $1 000 000 Umbrella Liability $2 000 000 $2 000 100 $2,000,000 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 original endorsement naming the City of Vernon, its elected officials, officers, agents, employees and volunteers as additional 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 this Contract and specifying the activities covered. 4. Such other endorsement as may be required by. City. 5. A copy of your general and umbrella insurance policy declarations page. 6. A copy of schedule of forms of endorsement. b. In addition to the above, the Contractor shall provide such further proof of insurance documentation as the City deems necessary. DOCUMENTATION REQUIRED • Certificate of Insurance from contractor's insurance agent; • Copy of insurance policy Declaration Page for General and Umbrella Liability; • Actual copies of any Endorsement; • Additional Insured Endorsement naming City as Additional Insured, Form CG 2010-1185 required. • Contractor's insurance package to include Endorsement appropriate to the project being undertaken on the City's behalf; • Copy of Schedule of Forms and Endorsements - E-7 - Dated: PROOF OF INSURANCE APPROVAL AS TO FORM Proof of the following insurance coverage has been received and approved as to form: (1) Contractual Liability. (2) Automobile Liability. (3) Worker's Compensation. (4) Employer's Liability. (5) General Liability. (6) Umbrella Liability. Laurence S. Wiener, City Attorney - E-8 - (BANK OR SAVINGS AND LOAN ASSOCIATION LETTERHEAD) Date: S A M City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Gentlemen: P L E IRREVOCABLE LETTER OF CREDIT Contract No. 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. 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. I3 (Name of Bank or Savings and Loan Association) President 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-9 - SPECIAL PROVISIONS F. SPECIAL PROVISIONS I. GENERAL STANDARD SPECIFICATIONS For the purpose of this contract, the "GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (Latest Edition), the Standard Plans for Public Works Construction (Latest Edition) shall apply. EXAMINATON OF THE SITE The bidders are required to examine the site and judge for themselves the location, physical conditions, substructures, and surroundings of the proposed work. MOBILIZATION The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to the Contractor. TRAFFIC CONTROL The Contractor shall submit traffic channelization and detour plans to the City Engineer for approval at least ten working days prior to commencement of work. One lane in each direction shall be maintained on all streets and the Contractor shall provide access to places of business at all times. Flashing arrow boards shall be used on Vernon Avenue. The traffic control shall be in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H) or California Manual of Temporary Traffic Controls. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction must be included in the various bid items, and no extra compensation will be paid to the Contractor. PROHIBITED PARKING IN WORK AREA Contractor shall provide the City with 72 hours notice for parking restrictions that will be posted in the work area during construction. 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 of Work Upon Highways. The cost of furnishing and maintaining signs, lights and warning devices during the construction project must be included in the various bid items, and no extra compensation will be paid to the Contractor. CONSTRUCTION SCHEDULE At the pre -construction meeting, Contractor shall submit to the City, in writing, a construction schedule of proposed work. The construction schedule shall show sequence of work, - F-1 - SPECIAL PROVISIONS critical path and estimated time for completion of each work. The Contractor shall give 48 hours notice to the Director of Community Services & Water prior to the start of the work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and submitted to the City every Monday during the construction period. CONSTRUCTION HOURS All work shall only occur on Monday through Friday between the hours of 7:00 a.m. to 3:30 p.m. If the Contractor elects to work at other times, it must obtain Director of Community Services & Water's approval and pay for the inspection fee of $50.00 per hour per City inspector for a minimum of 4 hours. CONSTRUCTION SIGNS Two construction signs shall be built according to Standard Plan MV2217 (see attached page F-7) and shall be placed at each end of the construction limits on Vernon Avenue. The signs shall be placed two weeks prior to the commencement of construction. The wording of each sign shall be approved by the City prior to printing. CONSTRUCTION ACTIVITIES COORDINATION The Contractor shall notify the City of Vernon Community Services & Water Department, Police Department, Fire Department, Utility Companies, Railroad Companies, Business/Property Owners and Metropolitan Transportation Authority of the proposed work and coordinate all work under this contract with all Utilities and Public Agencies. MATERIAL SUBMITTALS The Contractor shall provide all required submittals including, but not limited to shop drawings and materials to the City upon reward of the contract for review and approval before the construction. The "Notice to Proceed" will not be issued to the Contractor until all the submittals have been reviewed and approved by the City. PUBLIC CONVENIENCE The Contractor shall conduct operations to minimize the obstruction of access and inconvenience to the public and businesses. TEMPORARY WATER METER Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of $600.00. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation. -F-2- SPECIAL PROVISIONS PRIVATE OR PUBLIC PROPERTY DAMAGE Any damage to private or public 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 in materials, finish and dimensions. CLEANING OF THE SITE DURING CONSTRUCTION During construction, all pavement, sidewalk, curb and gutter adjacent to construction areas shall be swept free from soils, gravel, dirt or debris on a daily basis. The Contractor is responsible for maintaining sidewalk and pavement within the construction zone free from loose materials at all times. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) Prior to Contractor commencing work, a City approved Storm Water Pollution Prevention Plan (SWPPP) shall be implemented, and maintained on file at the construction site to comply with the Vernon City Stormwater Code. The Contractor shall develop and administer a SWPPP. The SWPPP shall be prepared by a California Registered Civil Engineer and considered as part of these Special Provisions. The Contractor shall submit a SWPPP for review and approval by the City before the construction commences. The Contractor is notified that the SWPPP may require revisions from time to time during construction to reflect needed improvements to best management practices (BMPs) and/or actual construction practices. The SWPPP document shall include, at a minimum, all items in Section A of the State General Construction Activity Storm Water Permit. The SWPPP document shall not be construed to be a waiver of the Contractor's obligation to review and understand the State General Construction Activity Storm Water Permit before submitting a bid. By submitting a bid, the Contractor acknowledges satisfaction as to the requirements of the State General Construction Activity Storm Water Permit. No storm water quality complications are anticipated from this construction project; however, if a problem develops, the Contractor shall comply with all the conditions contained within the SWPPP and the Vernon City Stormwater Code. If an unauthorized stormwater discharge or a violation of Vernon City Stormwater Code occurs, the contractor's superintendant (or his/her designee) shall immediately notify the City of Vernon Health & Environmental Control Department. Any additional work required for compliance with the requirements of the SWPPP and the Vernon City Stormwater Code shall be performed by the Contractor. SWPPP preparation guidelines are available at the State of California website: bttp://wwtiv.waterboards ca gov/tivater issues/programs/stonnwater/construction shtml The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 7, "Responsibilities of the Contractor" are considered to be Best Management Practices. Applicable construction practices in the Standard Specifications shall be incorporated into the SWPPP. All payments and full compensations for preparing and administering to conform to Contractor's best management practices (BMPs) and/or actual construction practices for Storm Water Pollution Prevention Plan (SWPPP) and Vernon City Stormwater Code shall be included in the various bid items of work involved and no additional or extra compensation will be paid to the Contractor. - F-3 - SPECIAL PROVISIONS SANITARY FACILITIES The Contractor shall furnish and maintain sanitary facilities by the worksites for the entire construction period. 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. EXISTING OFFSET MANHOLES ON VERNON AVENUE Existing manhole number 1, 2 and 3 are the offset manholes located along the northerly sidewalk of Vernon Avenue just east of Soto Street. All costs related for working inside the existing offset manholes to install new pipe linings shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. ADDITIONAL PIPE QUANTITIES There may be additional cracks in the existing storm drain main line (VCP) pipes. The City shall decide if any additional linings are required for new cracks after reviewing the Contractor's newly taped CCTV inspection video. All additional pipe quantities shall be paid by the corresponding Contract Bid Item unit prices. - II. TRENCHLESS.MANHOLE-TO-MANHOLE PIPE LININGS & POINT REPAIRS Trenchless storm drain pipe lining. shall conform to Section 500 of the 2009 Edition of Standard Specifications forTublic Works Construction "Greenbook" And Its Supplements Except As Modified Herein. Cured -In -Place Pipe Liner (CIPP) shall comply with Subsection 500-1.4 of the Standard Specifications for Public Works Construction. 500-1.1.1 General. (Add the following paragraphs) The CONTRACTOR shall field verify the pipe diameter at the manholes and lengths prior to ordering liner materials. The CONTRACTOR shall notify the Director of Community Services and Water of any discrepancies between information obtained in the field and existing plans. Installation of the storm drain lining shall be performed by a CONTRACTOR licensed by the manufacturer/owner of the process. Bidders are required to submit copies of such licenses with their bids. A bidder's failure to do so shall render their bid non -responsive. The minimum finished pipe liner wall thickness shall conform to Table 500-1.1.1. (A) Table 500-1.1.1 (A Pipe Diameter (inches) # 15 j 18 1 1 21. ision Ratio (DR) 35 1 41 41 Thickness (inches) , 0.428 j 0.439 1 0.512 E_ - F-4 - SPECIAL PROVISIONS The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing service connection. All final lateral cuts shall be finished off with a wire brush to remove chips and provide a smooth opening. 500-1.2 Pipeline Point Repair (Add to 500-1.2.4) The new point repair liner shall overlap at least one foot at both ends of cracked VCP pipe joints. 500-1.4 Cured -In -Place Pipe Liner (CIPP) 500-1.4.6 (Modify by adding the paragraph as follows) The curing water, used for the CIPP lining shall not be discharged onto the street surface or concrete gutter or into the storm drain catch basin but into the sewer manhole. 500-1.7.5 Chemical Resistance and Physical Testing. (Modify the last sentence of paragraph as follows): Proof of meeting these requirements shall be submitted with the Contractor's Bid. 500-1.7.6 Installation and Field Inspection (Replace paragraph with the following): Before installation, the pipe coils shall be checked by the inspector to verify compliance with the minimum wall thickness. 500-1.7.7 End Seals (Replace the paragraph with the following): After installation, the liner shall be cut off in the manhole. The cut shall be smooth and parallel with the manhole wall. The finished liner shall not protrude into the manhole over one (1) inch. If a manhole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined. Compensation will be made by linear feet of corresponding pipe lining Contract Bid Item unit prices. - F-6 - I 6,_0 0 , I -4'-0 011*Y O'F VERNON CONSTRUCTION PROJECT, PROJECT NAME I - - - 4#-ON' SCHEDULED TQ� BEGIN DATE A, M. TO P.M. EXPECT TRAFFIC MAYS .4 tr NOTES, I. ALL FRAMING LUMBER TO 13E.,2' S4S.t),F. 2.. ENTIRE ' .SIGN, INCWDING. FRAMING, TO. BE . PAINTEDWITH TWO COATS or EXTERIOR OIL BASE WHITE PAINT. 3. LCUERING TO BE DONEAN BLACK By QUALJnED SIGN PAINTER'AI40 TO THE SATISFACnoo or THE F4401NEER, 4. SIGNS To BE MAINTAINED IN A CON[)MON SATIS— FACTORY -TO THE ENGINEER. 5.1 SIGNS TO BE FURNISHED BY 00.NTRACTOR AND IN— STAL,LM, AND MOVED BY CONTR . ACTOR AS DIRECtl) BY THE ENOINEER.. NO, CONSTRUCTION SHALL OOM'— MENOE.'U"L SIGNS ARE IN PLACE .STANDER D. CONSTRUCTION SIGN- orry, OF ARNO . STANDARD PLAN, k jk 11 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 Wednesday, December 8, 2010 (according to the clock in the City Clerk's office), for the furnishing to said City of all transportation, equipment, materials, labor, supplies and services necessary for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs). Proposals (Bids) shall be submitted to: City Clerk City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 - i At said time, the bids will be opened in public and announced at the offices of the City. Bids shall conform to and be responsive to the requirements for Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs) and must be accompanied by a bid bond. The City Council of the City reserves the right to reject any and all bids. Copies _ of the Contract No. CS-001.5, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings & Sectional Linings (Point Repairs). Proposals (Bids) are on file and may be examined in the office of the City located at: mailed). 2010. Community Services & Water Department 4305 Santa Fe Avenue Vernon, CA 90058 Copies maybe obtained from said office with a nonrefundable deposit of $20.00 per set ($40.00 if Dated at the office of the City Clerk of the City of Vernon, this i day of w d v O-r- a ,7-,Z 4WLA YA G CH TY CLERK of the City of Ver , California This space is for the County Clerk's Filing Stamp •i,tsterxt 05rnlxp 1juhliraftiortts, ;4jnr- The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITYTERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaperof general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: NOVEMBER 04, all in the year 2010. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 041hday of NOVEMBER, 2010. CITY OF VERNON Proof of Publication of Notice Inviting Sealed Proposals (Bids Contract No. CS-0015, Vernon Avenue Storm Drain Trenchless Manhole -to -Manhole Pipe Linings (Point Repairs), Signature