Resolution No. 2019-012RESOLUTION NO. 2019-12
A RESOLUTION OF THE CITY COUNCIL CF THE CITY OF
VERNON AUTHORIZING THE USF OF TFE DESIGN -BUILD
PROJECT DELIVERY METHOD FOR THE LOS ANGELES RIVER
CLOSURE DEVICES PROJECT
WHEREAS, the City of Vernon (the "City"), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitut4.on of the State of
California; and
WHEREAS, California State law a-'.ows public agenc'.es to
procure construction services using a Design -Build method, instead of
the more traditional Design -Bid -Build process; and
WHEREAS, Design -Build contracts combine professional design
services and construction services ;.nto a single contract with one
vendor or team of vendors; and
WHEREAS, thl.s method has been popular in the private sector
for decades, rut is still relatively new in the public sector and is
well suited for projects where constructability issues can have an
impact on the design, the choice of design can have a significant
impact on the construction schedule, and the project would benefit
from having a contractor in-olved in the design from the onset of the
project; and
WHEREAS, the Los Angeles River Closure Devices Pro_ect (the
"Project") requires the construction of two closure dev;.ces where the
City's Section 15 and 16 storm drains connect to the Los Angeles
River; and
WHEREAS, by memorandum dated May 7, 2019, the Director of
Pub-'.c Works has recommended the authorization and use of a Design -
Build protect delivery method for. the Los Angeles River Closure
Devicea project (the "Design -Build Project Delivery Method"); and
WHEREAS, the Public Works Department recommends the use of
the Request for Proposals (attached hereto as Exhibit A and
incorporated herein by reference) ("RFP11) for procurement of design -
build services for the Project; and
WPFRFAS, under the Design -Build Project Delivery Method the
design will play a significant role !.n the cost and duration of
construction, the proposals received will be evaluated on a
competitive, best -value basis as delineated in the RFP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECT -ON 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernor finds
that thi.s action is exempt under the California Environmenta- Quality
Act (CEQA), because approving the method by wh;ch a contractor will be
selected is an administrative activity that will not result !.n direct
or indirect physical changes ;.n the environment and therefore does not
constitute a 11projek2t" as defined by CEQA Guidelines Section 15378.
SECTION 3: The C!.ty Council of the City of Vernon hereby
authorizes the Director of Public Works to use the Design -Build
Project Delivery Method for the Los Angeles River Closure Devices
project.
- 2 -
SECTION 4: 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 th�.s resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Counci- of this City.
APPROVED AND ADOPTED this 7t•• day of May, 2019.
ATTEST:
Mari E. Ayal 4it Clerk
APPROVED AS TO FORM:
�0 �A
Brian P�y�un,
Senior Deputy City ttorney
Name: Melissa' . Ybarra
Title: Mayor - - ---
- 3 -
STATE OP cALIFORN=A )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2019-12,
was du--y passed, approved and adopted by the City C;oun&I of the City
of Vernon at a regular meeting of the City Council du--y held on
Tuesday, May 7,2019, and thereafter was duly si.gn.ed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed thi.s day of May, 2019, at Vernon, California.
kSEAL)
AriE. Ayala, City clerk
- 4
EXHIBIT A
City of Vernon
°�E�11�
O
fOUNP
s!"ety
REQUEST FOR PROPOSALS
LOS ANGELES RIVER CLOSURE DEVICES PROJECT
FOR THE
DEPARTMENT OF PUBLIC WORKS
CITY OF VERNON, CALIFORNIA
4305 SANTA FE AVENUE
VERNON, CA 90058
Page 1 of 212
TABLE OF CONTENTS
PAGE
REQUESTFOR PROPOSALS ....................... .......... ......... ........................ ................................. ................... 8-26
ATTACHMENTS
Attachment A:
May 4, 2016 Letter from United States Army Corps of Engineers...............................27
Attachment B:
City of Vernon Storm Drain Systems Index Map ........ ___ ...........................................33
Attachment C:
As -Built Plans for Sections 15 and 16 Storm Drains,..................................................35
Attachment D:
Proposal Certification..................................................................................................52
Attachment E:
Schedule of Prices......................................................................................................57
Attachment F:
Incumbency Certificate................................................................................................60
Attachment G:
Proposer's Statement of Qualifications.......................................................................62
Attachment H:
Proposer's Experience Form,...., .............................. — ...... ...... __ ........... . ...............
71
Attachment I:
Contractor Safety Questionnaire..................................................................................73
Attachment J:
Designation of Subcontractors.....................................................................................78
Attachment K:
Questionnaire Regarding Subcontractors...................................................................82
Attachment L:
Design -Build Entity's Affidavit of Non -Collusion ..........................................
Attachment M:
Insurance Requirement Certification..........................................................................87
Attachment N:
Living Wage Compliance Certification........................................................................89
Attachment 0:
Certificate of Equal Opportunity Practices.................................................................91
Attachment P:
Project Workforce Utilization Form..............................................................................93
Attachment Q:
Current Permanent Workforce Utilization Form..........................................................95
Attachment R:
STANDARD FORM OF CONTRACT..........................................................................97
CONTRACT EXHIBITS:
Exhibit A —General Conditions
ARTICLE 1. PRELIMINARY PROVISIONS 101
1.01 Definitions
1.02 Representatives
1.03 Permits, Inspections, Plan Checks, and Similar Governmental Approvals
and Utiiities
1.04 Licenses
1.05 Allowances
1.06 Waiver
1.07 Data to be Furnished by the Design -Build Entity
1.08 Contract Drawings
1.09 Specifications and Drawings
1.10 Precedence of Contract Documents
1.11 Notice of Conflicts
Page 2 of 212
1.12 Reports
1.13 Lines, Grades, and Measurements
1.14 Right of Way
1.15 Design -Build Entity s Operatiors/Storage Yard
ARTICLE 2, PERFORMANCE OF THE WORK 101
2.01 Performance of Work -General
2.02 No Assignment or Delegation
2.03 Standard of Performance
2.04 Defective Work
2.05 City's Right to Carry Out the Work
2.06 Communications and Notices Regarding the Work
2.07 Independent Contractor
2.08 Emergency Work
2.09 Subcontractors
2.10 Use of Facilities Prior to Completion of Contract
2.11 Cooperation with Other Work Forces
2.12 Agreements with Property Owners
2.13 Protection of Property
2.14 Design -Build Entity's Responsibilities for Losses or Liabilities
2.15 Warranty and Corrections
2.16 Cleaning and Environmental Controls
2.17 Water Pollution Control
2.18 Solid Waste Disposal and Diversion
2.19 Recycled: Reusable and Recyclable Products
ARTICLE 3. TIME OF COMMENCEMENT AND COMPLETION 128
3.01 Commencement, Prosecution, and Completion of Work
3.02 City's Discretion to Extend Time
3.03 Substantial Completion
3.04 Delays and Extensions of Time for Design -Build Entity
3.05 Climatic Conditions
3.06 Completion and Acceptance
3.07 Liquidated Damages
ARTICLE 4. PROJECT SCHEDULES 132
4,01 Baseline Project Schedule
4.02 Schedule Updates
4.03 Noncompensable Extraordinary Measures
4.04 Condition of Payment
Page 3 of 212
ARTICLE 5. SUSPENSION OR TERMINATION OF CONTRACT 135
5.01 Termination by the Design -Build Entity
5.02 Termination by the City for Cause
5.03 Partial Deletion or Suspension of Work by the City
5.04 Termination by the City for Convenience
5.05 Design -Build Entity's Duties Upon Termination for Cause or Convenience
ARTICLE 6. CHANGES 140
6.01 City's Right to Order Changes
6.02 Applicable Provisions
6.03 Notice of Scope Change
6.04 Change Orders
6.05 Construction Change Directive (Field Directive)
6.06 Pricing Changes it the Work
6.07 City Originated Request for Itemized Change Order Proposal Request
6.08 Design -Build Entity Originated Change Order Request (COR)
6.09 City Originated Unilateral Work Directive (Unilateral)
ARTICLE 7. CONTRACT PAYMENTS AND CLAIMS 147
7.01 General
7.02 Schedule of Values for Payments
7.03 Applications for Payment
7.04 Progress Payments
7.05 Final Payment
7.06 Miscellaneous
7.07 Payments by Design -Build Entity
7.08 Payments Withheld
7.09 Substitution of Securities
7.10 Claims
ARTICLE 8. MATERIALS AND EQUIPMENT 160
8.01 General
8.02 Quality and Workmanship
8.03 Trade Names and "Or Approved Equal" Provision
8.04 Approval of Materials
8.05 Ordering Materials and Equipment
8.06 Authority of the Director
8.07 Inspection
8.08 Infringement of Patents
ARTICLE 9. SUBMITTALS 163
Page 4 of 212
9.01 General
9.02 Product Handling
9.03 Schedule of Submittals
9,04 Shop Drawings
9.05 Colors
9.06 Manufacturer's Literature
9,07 Substitutions
9.08 Manuals
9.09 As -Built Drawings
9.10 Submittals Quantities
9.11 Identification of Submittals
9.12 Schedule of Submittals
9.13 Coordination of Submittals
9.14 Timing for Submittals
9,15 Approval by City
9.16 Changes to Approved Submittals
ARTICLE 10. SAFETY 168
10.01 Protection of Persons and Property
10.02 Protection from Hazards
10.03 Differing Site Conditions
10.04 Traffic Regulation
10.05 Traffic Control Devices
10.06 Execution
10.07 Flagging
10.08 Pedestrian Canopies or Barricade Payments
ARTICLE 11. INDEMNITY
11.01 Indemnity
11.02 Enforcement
11.03 No Limitations
173
ARTICLE 12, INSURANCE 175
12.01 Condition to Commencement
12.02 Minimum Coverage and Limits
12.03 Conditions Regarding Insurance Coverage and Limits
12.04 Insurance Obligation is Separate from Indemnity Obligation
ARTICLE 13. BONDS
13.01 Required Bonds
13.02 Power of Attorney
176
Page 5 of 212
13.03 Approved Surety
13.04 Required Provisions
13.05 New or Additional Sureties
13.06 Waiver of Modifications and Alterations
13.07 Approval of Bonds
ARTICLE 14. LABOR PROVISIONS 178
14.01 Working Hours
14.02 Cost of Overtime Construction Services and Inspections
14.03 Compliance with State Labor Code
14.04 Wage Rates
14.05 Apprenticeship Standards
14.06 Employment of Apprentices
14.07 Registration with the State Department of Industrial Relations
14.08 Character of Workers
14.09 No Smoking
ARTICLE 15. DISPUTE RESOLUTION 182
15.01 Submission of Claims
15.02 Claims Dispute Resolution Process
15.03 No Waiver
ARTICLE 16. ACCOUNTING RECORDS 184
16.01 Maintenance of Records
16.02 Access to Records
16.03 Design -Build Entity Noncompliance - Withholding
16.04 Specific Enforcement by City
ARTICLE 17. MISCELLANEOUS PROVISIONS 185
17.01 Compliance with Applicable Laws
17.02 Ownership of Design Documents
17.03 Amendments
17.04 Waiver
17.05 Independent Contractor
17.06 Successors and Assigns
17.07 Survival
17.08 Limitation on Third Party Beneficiaries
17.09 Personal Liability of City Employees
17.10 No Estoppel
17.11 Governing Law
17.12 Further Assurances
Page 6 of 212
17.13 Severability
17.14 Headings
17.15 Entire Agreement
17.16 Counterparts
17.17 Attorney's Fees
17.18 Construction
Exhibits to Exhibit A —General Conditions:
Exhibit 1 Performance Bond
Exhibit 2 — Payment Bond
Exhibit 3 — Maintenance Bond
191
194
'97
Exhibit 4 Insurance Requirements 200
Exhibit 5 — Statement of Intent to Comply with Minimum Requirements of the
Stormwater Permit
/1.
Exhibit B — Living Wage Provisions........................................................................ 208
Exhibit C — Equal Employment Opportunity Practices Provision .................................... 209
[END OF TABLE OF CONTENTS]
Page 7 of 212
1. INTRODUCTION
2.
K
REQUEST FOR PROPOSALS
The City of Vernon ("City") is requesting proposals for the design, permitting, and
construction of closure devices for two of the City's storm drains that drain into the Los
Angeles River.
The City will select one Design -Build Entity, based on demonstrated competence, a
proven track record, and a cost-effective approach to design and construct two closure
devices that meet the requirements of both the City and the United States Army Corps of
Engineers ("USAGE").
KEY DATES
a) Issue Date: FLAG
b) Deadline for Requests for Information: FLAG + 3 weeks
c) Response to Requests for Information: FLAG + 4 weeks
d) Proposal Deadline: FLAG + 5 weeks
REQUESTS FOR INFORMATION
A) All questions must be submitted in writing to the City of Vernon's Contact Person,
Brandon Araujo, no later than FLAG + 3 weeks. Responses to verbal questions
will not be given.
B) Requests for clarifications, questions, and comments must be clearly labeled,
"Written Questions Re: Los Angeles River Closure Devices Project." The City is
not responsible for failure to respond to a request that has not been labeled as
such.
C) Any of the following methods of delivering written questions are acceptable as
long as the questions are received no later than the date and time specified
above:
U.S. Mail or Personal Courier:
Attention: Brandon Araujo, P.E.
Public Works Department
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
Facsimile: 323-826-1435
Attention: Brandon Araujo, P.E.
Public Works Department
City of Vernon
4305 Santa Fe Avenue
Vernon, California 90058
E-mail: barauioQci.vernon.ca.us
Page 8 of 212
4.
5.
D) Please note that any questions asked and any response provided by Vernon will
be sent to every person who will be submitting a proposal, to the extent the City
is aware of them, no later than FLAG + 4 weeks.
CITY BACKGROUND
The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and
is located approximately 5 miles southeast of downtown Los Angeles California. Over its
long history, Vernon has been developed as an industrial community. At the turn of the
2011 century the lands that make up Vernon were comprised largely of farmlands. The
presence of three major rail lines in the area led influential business and property owners
to encourage the railroad companies to run spur lines onto the farmlands. These rail
extensions enabled the creation of an "exclusively industrial" city. By the 1920's, Vernon
was attracting large stockyards and meatpacking facilities. In the 1930's, Vernon
became the location of choice for many heavy industrial plants. As economic conditions
changed over the decades, these large-scale industrial operations have relocated out of
Southern California and Vernon has attracted smaller, lighter industrial facilities. The
City's business -friendly environment, low-cost utilities and key location for trucking and
rail transport continue to position Vernon as an ideal location for industrial uses.
City Government: The City Council consists of five members, elected at -large, who
serve five-year staggered terms. The City Council annually appoints a Mayor and a
Mayor Pro Tern from its own membership to serve one-year terms.
Labor Force: Vernon has approximately 280 employees, and its departments include a
Fire Department, Police Department, Finance Department, Public Works Department,
Public Utilities Department and Health and Environmental Control Department. Present
bargaining units recognized include the Vernon Police Officers Benefit Association,
Vernon Police Management Association, Vernon Firemen's Association, the Vernon Fire
Management Association, International Brotherhood of Electrical Workers Local 47, and
Teamsters Local 911.
PROJECT BACKGROUND
In a letter dated May 4, 2016, USACE, notified the City that two of the City's storm drains
that drain to the Los Angeles River do not have closure devices that are required by
USACE. Furthermore, USACE informed the City does not have a permit on file for these
storm drains that penetrate the levee of the Los Angeles River. This letter can be found
in Attachment "A" of this RFP. These two storm drains are known as the Section 15 and
Section 16 storm drains per the City's storm drain index map, attached hereon as
Attachment "B."
The as-bu it plans for the Section 15 and Section 16 storm drains, shown on plans
D2029 and D1901, respectively, are attached hereon as Attachment "C."
Per USACE's direction, closure devices must be constructed at the two storm drains per
USACE requirements and a Section 408 permit must be acquired for the two storm
drains.
Page 9 of 212
The construction of closure devices at the two locations is complicated by the fact that
the walls of the storm drains' outlet structures are flush with the inner walls of the storm
drain pipe. See Section B-B of D2029, Sheet 3 of 3 and Section B-B of D1901, Sheet 12
of 13 for an elevation view of the outlet structure. The lack of space between the walls
of the outlet structure and the inner walls of the storm drain do not allow for installation of
conventionally available flap gates and warrants a more innovative and thorough design.
The Design -Build Entity's choice of closure device sh0 not diminish the drainage
capacity of either storm drain system.
6. SCOPE OF WORK
Design -Build Entity shall furnish all labor, materials, equipment, services, and
specialized skills to design and construct two closure devices for two of the City's storm
drains that drain into the Los Angeles River. The Work will generally include the
following:
Task 1:
Once the Design -Build Entity has been procured, the City and Design -Build Entity will
hold a kick-off meeting to discuss the project objectives, project management, and all
other relevant project information. Project coordination with the City including monthly
face-to-face project team meetings with the Design -Build Entity to ensure good
communication no upcoming tasks and to confirm the project deliverables are on
schedule and within budget. Task deliverables shall include meeting agenda delivered
to the City no later than 24 hours in advance of the meeting and meeting minutes
delivered to the City no later than. 5 business days after the day of the meeting.
Task 2:
The design of two USACE-approved closure devices for the City's Section 15 and 16
storm drains and any and all design work required as a result of the proposed design of
two closure devices, signed, stamped, and dated by a registered Civil Engineer in the
State of California. Task deliverables shall include:
-30% design submittal that shows how the Design -Build Entity plans to construct
a closure device at each of the City's Section 15 and Section 16 storm drains
-90% design submittal that represents a 100% complete design with the
exception of the incorporation of any review comments resulting from the review
of the submittal, including all backup material, design calculations, and all other
supporting documentation
Task 3:
The procurement of any and all permits required to construct two closure devices for the
City's Section 15 and 16 storm drains. including but not limited to USACE Section 408
permit and any and all work required therein.
Task 4:
The construction of two USACE-approved closure devices for the City's Section 15 and
16 storm drains and the construction of any and all related work required to install the
closure devices complete and in place.
7. KEY PROJECT INFORMATON
Page 10 of 212
A. Contract Time: This Work must be completed within 540 calendar days from the
date of commencement as established by the City's written Notice to Proceed.
1.1
Amount of Liquidated Damages: $
C. intermediate Completion Milestones:
per calendar day
Task 2 must be completed within 90 calendar days from the date of
commencement as established by the City's written Notice to Proceed.
Task 3 must be completed within 360 calendar days after the completion of Task
3.
Task 4 must be completed within 90 calendar days after the completion of Task
3.
8. MINIMUM QUALIFICATIONS
The following are the minimum qualifications to be used to evaluate responses to this
Request for Proposals:
The design of the two closure devices must be signed, stamped, and dated by a Civil
Engineer licensed by the State of California. Construction must be performed by an
entity that must possesses a valid State of California Contractors License and must list
type in the classification(s) specified in the Request for Proposals at the time of the
Proposal Deadline and at all times during the performance of the Construction Phase of
the Work, except as otherwise provided in California Business and Professions Code
Section 7028.15.
Proposer must have satisfactorily completed at least three public works contracts in
California; each comparable in scope and scale to this Project, within five years prior to
the Proposal Deadline and with a dollar value comparable to the cost submitted for this
Project. See Section 10.1 for how the Proposer must demonstrate the minimum
qualifications.
Proposal may be rejected as non -responsive if the Proposal fails to document that
Proposer meets the minimum qualifications.
8. GENERAL PROPOSAL REQUIREMENTS
A. General: To be considered, a Proposer must strictly follow the format for
proposals in this RFP. Proposals must be binding and firm. Any proposals may
be withdrawn before the Proposal Deadline and time, but proposals shall remain
open and valid for ninety (90) calendar days after the Proposal Deadline.
B. Interpretation of Request for Proposal Documents and Addenda
If any Proposer contemplating submitting a Proposal is in doubt as to the
true meaning of any part of the Request for Proposal Documents, or who
finds discrepancies, errors, or omissions therein or who finds variances in
any of the Request for Proposal Documents with applicable law, such
Page 11 of 212
Proposer shall at once submit a written request for an interpretation or
correction thereof to the City's Contact Person identified in the Request
for Proposals, or other designated individual. All Proposers shall submit
such written requests to City not more than 21 calendar days after the
Proposal Deadline. The person or entity submitting the request shall be
responsible for its prompt delivery to City's Contact Person identified in
the Request for Proposals.
Any interpretation or correction will be made only by Addendum issued by
the City and a copy of such Addendum will be made available to all
Interested Proposers of record. Any Addenda so issued must be
acknowledged in the Proposal and the cost of performing Work described
in the Addenda shall be included in the Proposal. Proposer's failure to
acknowledge receipt of all Addenda may result in rejection of the
Proposal as non -responsive. No person is authorized to render an oral
interpretation or correction of any Request for Proposal Documents and
no Proposer may rely on any such oral interpretation or correction issued
by the City. The City shall not be responsible for any other explanation or
interpretation of the Request for Proposal Documents, or for any oral
instructions. City reserves the right to extend the Proposal Deadline by
.ssuing an Addendum to Interested Proposers no later than 72 hours prior
to the Proposal Deadline. Proposers shall use complete sets of Request
for Proposals Documents in preparing Proposals; City shall not assume
responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Request for Proposals Documents.
2. Copies of Addenda will be made available for inspection wherever
Request for Proposals Documents are on file for that purpose. Each
Proposer shall ascertain prior to submitting a Proposal that the Proposer
has received all Addenda issued and the Proposer shall acknowledge
their receipt in the Proposal.
C. Obtaining Drawings and Documents
Proposer may secure Request for Proposals Documents only from the location
specified in the Request for Proposals. City will maintain a list of persons who
obtained a copy of this RFP ("Interested Proposers"). Only Interested Proposers
will receive Addenda, if so issued.
D. Examination of Request for Proposal Documents and Site of Work
The Proposer shall examine carefully the site of the Work contemplated and the
Request for Proposal Documents. The submission of a Proposal will be
conclusive evidence that the Proposer has investigated and is satisfied as to the
conditions to be encountered, as to the character, quality, and quantities of Work
to be performed and materials to be furnished, the difficulties to be encountered,
and to the requirements of the Request for Proposal Documents and other
Contract Documents, The Proposer shall ascertain the locations of the existing
utility services, and other underground facilities, and provide for carrying out its
operations so as to cause the minimum possible inconvenience to the occupants
of properties along any streets affected. All Work and costs involved in the
Page 12 of 212
10.
safeguarding of the properties of others shall be at the expense of the Proposer
to whom the Contract may be awarded.
E. Proposal Forms — Submittal
The Proposals shall be made on the forms provided herein with a" blank
spaces properly filled in.
The phraseology shall not be changed, and no additions shall be made to
the items mentioned herein. Unauthorized conditions, exemptions,
limitations, or provisions attached to a Proposal will render it informal and
may cause its rejection. All forms requiring specific information shah be
completed with all applicable information for a Proposal to be considered
responsive.
F. Proposal Forms — Authorized Signatures
The full name, business address, zip code, and business telephone
number, with area code of the individual, partnership, joint venture, or
corporation submitting the Proposal shah, be typewritten or legibly printed
on the Proposal Forms. The Proposer shall sign the form with his/her
usuai wet ink signature.
2. Sole Proprietorship: An individual shall sign.
3. Partnership (General or Limited): A partner shall sign for a partnership;
the partner shall give the names and addresses of all partners.
4. Corporation: An officer shall sign for a corporation. The corporate name
must be attested by the corporate seal. The names and titles of the
president and all officers of the corporation who are authorized to sign the
Request for Proposal Forms must be listed in an authenticated
Incumbency Certificate signed by the corporate secretary. A signature
other than a corporate officer's will be accepted only if an authenticated
Incumbency Certificate is attached.
5. Joint Venture: Proposers shall use the appropriate section(s) listed
above in 2-4, based on their applicable situation.
THE PROPOSAL
The proposal should include, at a minimum, the following information in sectionalized
format:
A. Proposal Certification
All proposals shall include a complete and executed Proposal Certification form
attached hereon as Attachment "D."
B. Scope of Work and Schedule
Describe the design of the closure devices for the City's Section 15 and 16 storm
Page 13 of 212
drains. Describe the impact and ancillary work required as a result of the design.
Describe how this design affects the project schedule as well as the construction
phase of the project. Describe why this design offers the best possible solution
for the project.
For each task, define the scope of each task including the depth and scope of
analysis or research proposed. Discuss specific administrative and operations
expertise to be used.
For each task, list the responsible party.
subcontracted, identify the subcontractor
listed in the Proposal.
Provide a Gantt chart of the schedule.
If the task is proposed to be
No work shall be subcontracted unless
Show the start and finish dates for each task. Show the duration of each task
and each task's predecessor and successor.
Identify each task's deliverable.
Discuss methods, specific techniques, and procedures to be employed to ensure
quality deliverables will be delivered within the required time frame and within
your identified budget.
C. Consultant Project Manager
Name the project manager who will be the primary point of contact for the project
and list his/her qualifications, roles, and responsibilities.
D. Personnel
Identify the project team. Identify role and responsibility of each member of the
project team. Include the amount of time key members will be involved in the
respective portions of the assignment.
For each key team member listed, provide a detailed description of their
qualifications, including their title, licenses, and a detailed professional resumes
noting past experiences in similar work efforts.
E. References and Previous Experience
The Proposal should provide the clients for whom the Proposer has performed
work of similar nature to this request.
For those clients, identify the specific work projects that were completed by the
Proposer which are directly related to the assignment described in this RFP.
Note the specific individuals who completed those projects.
Respondents are encouraged to supply relevant examples of their professional
product. Examples of professional product do not count toward the page limit
mentioned in Section 11 below.
F. Schedule of Prices
Page 14 of 212
The Proposer shall include in his/her Proposal price(s) any and all
expense or costs that may be necessary to complete the project in
accordance with the requirements of the Contract. The cost of all
mobilization, 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 pay items and no extra
compensation will be paid to Design -Build Entity.
The Proposer shall state for each item on the Schedule of Prices,
Attachment "E" of this RFP, in clearly legible figures, the Base Bid, the
alternates, and the unit price and item total or lump sum, as the case may
be, for which he/she proposes to supply labor, materials, and equipment
and to perform the Work. Schedule of Prices must not contain any
erasures, interlineations, strike-throughs or other corrections unless the
same are suitably authenticated by affixing in the margin immediately
opposite such erasure or correction the initials of the person(s) signing
the Proposal. If any Proposal, or portion thereof, is determined by the
City to be illegible, ambiguous or inconsistent, City may reject such a
Proposal as being non -responsive.
3. In the case of a unit price item, the amount set forth, as the item total
shall be the product of the estimated quantity times the unit price
proposed. In the event of a discrepancy between the unit price proposed
and the item total, the unit price shall prevail; however, if the unit price is
ambiguous, unirtelligible, or uncertain for any cause, or is omitted, or is
the same amount as the entry for the item total, then the item total shall
preva',: and shall be divided by the estimated quantity for the item and the
price thus obtained shall be the unit price. Where so indicated by the
makeup of the Schedule of Prices, sums shall be expressed in both
words and figures, and in case of discrepancy between the two, the
amount written in words shall govern.
4. All requested Alternates, if any, shall be proposed. See the Schedule of
Prices for more information and the list of Alternates, if any. If no change
in the Base Bid is required, enter "No Change."
Permit Fees: if provided in the General Conditions, Contractor shall be
reimbursed for the actual direct cost of all Permit Fees, as defined in
Paragraph 1.01 and addressed in 1.03 of the General Conditions.
Proposer shall exclude the cost of Permit Fees from Proposer's Base Bid
sum; Base Bid sum shall include the cost of administration and
coordination for a' Governmental Approvals and Utility Fees.
Prices and Payments: Approximate quantities listed in the Schedule of
Prices are estimates given for comparing Proposals, and no claim shall
be made against the City for excess or deficiency therein, actual or
relative. Payment at the prices agreed upon will be in full for the
completed Work and will cover materials, supplies, labor, tools,
equipment, and all other expenditures incident to a satisfactory
compliance with the Contract, subject to all applicable provisions in the
Contract and General Conditions.
Page 15 of 212
G. Incumbency Certificate
The Proposer must complete the Incumbency Certificate, attached hereon as
Attachment "F", to certify the names of individuals authorized to execute the
forms and documents of this RFP.
H. Proposer's Statement of Qualifications
Each Proposer shall be required to complete, execute, and submit with its
Proposal, the form entitled "Proposer's Statement of Qualifications" attached
hereon as Attachment "G." Notwithstanding the provisions of Section 20 herein,
the Proposer's Statement of Qualifications shall not be public records. All
information required by a Proposer's Statement of Qualifications shall be
completely and fully provided. If no information is to be filled in a blank space,
then write "none," Any Proposal not accompanied by a Proposer's Statement of
Qualifications form completed with all information required may render the
Proposal non -responsive. If the City determines that any information provided by
a Proposer in the Proposer's Statement of Qualifications is false or misleading, or
is incomplete so as to be false or misleading, the City may reject the Proposal
submitted by such Proposer as being non -responsive.
Proposer's Experience Form
The Proposer must complete the Proposer's Experience Form, attached hereon
as Attachment "H." This form will be used to determine whether or not the
Proposer meets the Minimum Qualifications described in Section 8 above.
J. Contractors Safety Questionnaire
The Proposer must complete the Contractor Safety Questionnaire, attached
hereon as Attachment 'T" This form applies to the entity that will be performing
the Construction Phase of the Work.
K. Designation of Subcontractors
Subcontractor Listing. On the Designation of Subcontractors form,
attached hereon as Attachment "T, the Proposer shall list each
Subcontractor whom the Proposer must disclose under the Subletting and
Subcontracting Fair Practice Act, Public Contract Code Section 4104. The
Proposer shall provide: each Subcontractor's name, the trade and type of
work that the Subcontractor will perform, the location (address) of the
Subcontractor's place of business, each Subcontractor's license number,
and the dollar value of each Subcontractor's labor or services. If additive
Alternate Bid Items are included in the Request for Proposals Documents,
the Proposer shall identify each Subcontractor performing additive
Alternate Bid Items, when such Work — or the combination of base
Contract Work and Alternate Work — exceeds one-half of one percent of
the total Bid Amount.
2. Subcontractors' Licenses. At the time of the Proposal Deadline and at all
Page 16 of: 212
times during performance of the Work, each listed Subcontractor shall
possess a current and active California Contractor's license appropriate
for the portion of the Work listed for such Subcontractor, and hold all
specialty certifications required for such Work.
3. Disqualification of a Subcontractor. The City has the right to review the
suitability and qualifications of any Subcontractor proposed by the
Proposer. As part of this review, the City may request a Proposer to
submit additional information about one or more of the Fsted
Subcontractors —including, but not limited to —a statement detailing the
Subcontractor's experience with pertinent information as to similar
projects and other evidence of the Subcontractor's qualifications. If
requested, the Proposer shall provide the information to the City within
the time specified in the City's written request. After due investigation, if
the City has a reasonable objection to any proposed Subcontractor, the
City may, before giving the notice of award, require the apparent
successful Proposer to submit an acceptable substitute. The City's
disqualification of a Subcontractor does not disqualify a Proposer.
However, prior to and as a condition to award of the Contract, the
successful Proposer shall substitute a properly licensed and qualified
Subcontractor without an adjustment of the Proposal Price.
4. Work of Subcontractors. The organization or arrangement of the Request
for Proposal documents do not limit the extent of the Work for the
Contract Documents. Accordingly, all Proposers are encouraged to
disseminate all of the Request for Proposal documents and other
Contract Documents to all persons or entities submitting sub -bids to the
Proposer. The omission of any portion or item of Work from the Proposal
or from sub -proposals, which is reasonably inferable from the Contract
Documents, will not be a basis for adjustment of the Contract Price or the
Contract Time.
5, Ineligible Subcontractors. The successfu, Proposer is prohibited from
performing Work on the Project with any Subcontractor who is ineligible to
perform work on a public works project pursuant to California Labor Code
Sections 1777.1 or 1777.7. In submitting its Proposal, the Proposer
certifies that it has investigated the e.'igibility of each and every listed
Subcontractor and has determined that none is ineligible to perform work
pursuant to the above code provisions.
L. Questionnaire Regarding Subcontractors
The Proposer must complete the Questionnaire Regarding Subcontractors form
attached hereon as Attachment "K."
M. Design -Build Entity's Affidavit of Non -Collusion
The Design -Build Entity's Affidavit of Non -Collusion, attached hereon as
Attachment "U shall be signed under penalty of perjury, certifying that the
Proposal is not the result of and has not been influenced by collusion. Proposer
Page 17 of 212
shall submit this form with its Proposal. Any Proposal made without such
affidavit, or believed to be made in violation of the requirements set forth in the
affidavit form, may be rejected.
N. Insurance Requirement Certification
The Proposer shall submit to its insurance company or insurance agent the
Insurance Requirement Certification in this RFP, attached hereon as Attachment
"M". The insurance company's underwriter or agent must complete the
Insurance Requirements Certification which states that the insurer's underwriter
or agent will furnish the City with the required insurance documents within
fourteen (14) days after the Proposer's having been notified of the Contract's
award. The Proposer shall submit this form with its Proposal. Any Proposal
made without this statement, or made with an incomplete statement, may be
rejected.
O. Living Wage Compliance Certification
The Proposer must complete the Living Wage Compliance Certification form
attached hereon as Attachment "N."
P. Certificate of Equal Opportunity Practices
The Proposer must complete the Certificate of Equal Opportunity Practices form
attached hereon as Attachment "0."
Q. Project Workforce Utilization (Form AA-2)
The Proposer must complete the Project Workforce Utilization form (Form AA-2)
attached hereon as Attachment "P."
R. Current Permanent Workforce Utilization (Form AA-3)
The Proposer has the option of completing the Current Permanent Workforce
Utilization form (Form AA-3) attached hereon as Attachment "Q."
11. FORMAT AND DELIVERY OF PROPOSAL
Respondents are asked to submit one (1) unbound original, three (3) hard copies and
one (1) electronic copy (via email to baraujo@ci.vernon.ca.us) of their proposals in
sufficient detail to allow for a thorough evaluation and comparative analysis.
Limit your proposal to 20 typed 8.5" X 11" pages, or fewer, on white bond paper of at
least 20-pound weight single sided (excluding attachments and any relevant examples of
their professional product)
Use a conventional typeface with a minimum font size of 12 points. Use a
1" margin on all borders.
2. Organize your submittal in the order described above.
Page 18 of 212
3. Prominently label the package: "Los Angeles River Closure Devices
Project" and include the name of the primary contact for the respondent.
Deliver the response to:
City of Vernon
Attention: Daniel Wall, Director
4305 Santa Fe Avenue
Vernon, CA 90058
4. Al proposals shall be enclosed in sealed envelopes, distinctly marked
"Proposal" with the title of the proposal and the proposer's name address
appearing on the outside.
Proposals should be mailed or delivered in person before 5:00 p.m. on
the Proposal Deadline. Proposals must be received at the Public Works
public counter before that time. A proposal received by the City after the
Proposal Deadline and time is non -responsive and shall not be
considered.
12. RETURN OF IMPROPER PROPOSALS
Proposals submitted after the Proposai Deadline are non -responsive and shall be
returned to the Proposer unopened. Oral, telephonic, telegraphic, facsimile or
electronically transmitted Proposals shall not be considered unless the Request for
Proposals expressly permits such means of transmittal.
13. WITHDRAWAL OF PROPOSALS
Proposer may withdraw its Proposal either persona ly or by written request any time prior
to the scheduled Proposal Deadline by notice to the City's Contact Person designated in
the Request for Proposals. If such notice is written, it shall be signed by the Proposer
and shall be date -stamped and time -stamped by the City upon receipt. Withdrawn
Proposals may be resubmitted before the Proposal Deadline provided that they are in
full conformance with this RFP. Once submitted, all Proposals are irrevocable, except
as otherwise provided by law. Requests for withdrawal of Proposals after the Proposal
Deadline shall be made only in accordance with California Public Contract Code § 5100,
et seq. Proposer agrees by submitting a Proposal that such Proposal shall remain open,
is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety
(90) days after award of the Contract.
14. EVALUATION OF PROPOSALS
A. Terms and Conditions. The City reserves the right to accept or reject any or all
Proposals and be the sole judge regarding the suitability of the products, services
or supplies offered; and/or to waive any irregularities or informalities in any
Proposals or in the Proposal process. The City further reserves the right to
purchase all or fewer than all items or quantities of each item listed in the
Request for Proposals Documents. The award of the Contract, if made by the
Page '_Q of '11
City, shall be to the highest -rated Proposer.
B. Evaluation of Proposals.
Responsive Proposal. A responsive Proposal is a Proposal which
conforms, in all material respects, to the Request for Proposal
Requirements and Contract Documents.
Responsible Proposer. A responsible Proposer is a Proposer who has
demonstrated the attribute of trustworthiness, as well as quality, fitness,
capacity, and experience to satisfactorily perform fully the requirements of
the Contract Documents.
3. Competency of Proposers. In selecting the highest -rated Proposer,
consideration will be given not only to the financial standing but also to
the general competency of the Proposer for the performance of the Work
covered by the Proposal including, but not limited to, the experience of
the Proposer in construction of public works for public agencies. By
submitting a Proposal, each Proposer agrees that the City, in determining
the successful Proposer and its eligibility for the award, may consider the
Proposer's experience with similar types of construction projects and
facilities, conduct and performance under other contracts, financial
condition, reputation in the industry, safety record and protocols, and
other factors which could affect the Proposer's performance of the Work.
Page 20 of 212
C. Criteria:
The City will conduct a comprehensive, fair, and impartial evaluation of proposals
received in response to this RFP. All proposals received will be reviewed and
evaluated by a committee of qualified personnel. The name, information, or
experience of the individual members will not be made available to any proposer.
The Evaluation Committee will first review and screen all proposals submitted
according to the weighted criteria set forth below. The criteria will be used in
reviewing and comparing the proposals and in determining the highest -rated
proposal:
Experience (30%): Prior experience designing and constructing closure devices
and outlet structures within USACE's jurisdiction, delivering similar projects on
schedule and on budget, and obtaining Section 408 permits from USACE. Prior
experience of key staff assigned to oversee services provided to the City.
Design and Schedule (25%): The quality and ingenuity of the USACE-approved
design will be considered. Any design features that lead to cost savings and/or a
decrease in project duration will be valued highly. The Proposer's proposed
project schedule will also be heavily considered.
References (15%): past experience with past clients and USACE will be
considered.
Proposal (10%): quality and responsiveness of the Proposal
Costs and Fees (10%): Cost is not the sole determining factor but will be taken
into consideration. Proposer must offer services at a rate comparable to the rate
Proposer offers to other governmental entities for similar work. Offering a higher
rate to the City than the comparable rate is grounds for disqualification of the
Proposer. If rates differ for different types of levels of service, the Proposer
should so state.
In -person interview (10%): The three highest -rated proposers may, at the City's
option, be invited to attend a mandatory interview with the City's Evaluation
Committee and will be asked a series of questions in order to elicit the
Proposer's understanding of the scope of work and their ability to communicate
this understanding effectively. At most, the three highest rated Proposers will be
invited to participate and only those Proposers will be considered for contract
award. All other Proposers will not be considered further in the evaluation
process.
15. ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the Proposal Deadline, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents
time to address such changes. Addenda, changes, and amendments, if made, will be
posted on the City's website (www.cityofvernon.org), which is deemed adequate notice.
A Proposer may make a request to the City's Contact Person to be placed on a list of
Page 21 of 212
persons to receive notice of any such addenda, changes, or amendments. The
preferred manner of communications is via e-mail due to its timeliness.
16. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers
qualified as prime contractors, or award a contract to any respondent.
The City reserves the right to amend or cancel this RFP without prior
notice, at any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any individual or
organization in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of
the City shall affect or modify any terms of this RFP. Oral
communications or any written/e-mail materials provided by any person
other than designated contact staff of City shall not be considered
binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or
all Proposals without prior notice, to award all or any individual
part/item/task of the proposal, waive any informalities, minor irregularities
or technical defects in a Proposal, and determine the highest -rated
proposal, whichever may be in the best interests of the City. The City
reserves the right to seek clarification on a Proposal with any source.
F. The dates, times, and sequence of events related to this RFP shall
ultimately be determined by the City. The schedule shown in Section 2 is
subject to change, at the sole discretion of the City, although the City will
attempt to follow it and, if it must be altered, will attempt to provide
reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this RFP or
the City without prior written approval of the City.
17. RIGHT BY THE CITY TO WITHDRAW THIS RE
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
18. STANDARD TERMS AND CONDITIONS
Page 22 of 212
Prior to the award of any work hereunder, City and Proposer shall enter into the written
contract for services attached hereto as Attachment "R". Proposers responding to this
RFP are strongly advised to review all the terms and conditions of the Contract. The
term of the Contract shall not exceed three (3) years.
19. EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it has been awarded
the Contract, Design -Build Entity shall deliver to the City the following documents:
A. Two (2) copies of the Contract in the form included herein, properly
executed by Design -Build Entity and, if Design -Build Entity is a
corporation, evidence of its corporate existence and that the persons
signing the Contract are authorized to do so. All signatures must be
notarized.
B. Properly executed copies of the (a) Performance Bond (b) Labor and
Material (Payment) Bond and (c) Maintenance Bond in accordance with
the requirements set forth in Article 13 of the General Conditions and in
the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures
must be notarized.
C. Properly executed policies of ail of the following: (a) the Commercial
General Liability Insurance, (b) the Automotive Liability insurance, and (c)
Professional Liability, if required, and (e) the corresponding
endorsements for each policy in accordance with the requirements set
forth in Article 12 of the General Conditions. All signatures must be
notarized.
D. Property executed Statement of Statement of Intent to Comply with
Minimum Requirements of the Stormwater Permit in accordance with the
requirements set forth in Article 2 of the General Conditions and in the
form shown on Exhibit 5 attached thereto. All signatures must be
notarized,
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday
for the State of California, or on days when City Hall is closed, the aforesaid documents
shall be delivered by the following working day.
After receipt of said documents within said time period or any extension thereof granted
by the City, the City shall execute the Contract and return one (1) of said two (2) copies
to Design -Build Entity for its files.
20. PUBLIC RECORDS
City seeks to conduct its business openly, Except as set forth in paragraph 10.H., upon
opening, all Proposals shall become a matter of public record and shall be regarded as
public, with the exception of those elements of each Proposal that are identified by the
Proposer and plainly marked as "trade secret," "confidential," or "proprietary," including
any Statement of Qualifications and financial statements to be submitted by Proposers.
Page 23 of 212
Each element of a Proposal which a Proposer desires not to be considered a public
record must be clearly marked as set forth above, and any blanket statement (i.e.
regarding entire pages, documents, or other, non-specific designations) shall not be
sufficient and shall not bind the City in any way whatsoever. If City receives a request
from a third party to make a Proposal available for inspection and copying, the City will
not'fy the Proposer of the request. If a Proposer instructs the City that the information is
not to be released, City will withhold the information, provided, the Proposer
expeditiously seeks a protective order from a court of competent jurisdiction to prevent
such release. If disclosure is required under the California Public Records Act or
otherwise by law (despite the Proposer's request for confidentiality), the City shall not in
any way be liable or responsible for the disclosure of any such records or part thereof.
Proposer shall indemnify, defend (including Proposer's providing and paying for legal
counsel for City), and hold harmless City, its officers, agents, employees, and
representatives from and against all liability, claims, suits, demands, damages, fines,
penalties, costs or expenses arising out of or alleging City's refusal to publicly disclose
one or more records that Proposer identifies as protectable, or asserts is protectable.
21. SUBSTITUTION OF SECURITIES
Pursuant to California Public Contract Code Section 22300, substitution of securities for
withheld funds is permitted in accordance therewith.
22. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES
A. Prevailing Wage Rates. For the Construction phase of the Work, the Design -
Build Entity and all Subcontractors shall utilize the relevant prevailing wage rate
determinations in effect on the first advertisement date of the Request for
Proposals in preparing the Proposal and all component price quotations,
provided, however, that when Davis Bacon wage rates apply, such rates are
subject to increase by written notice, issued by Addendum not less than 10
calendar days before the Proposal Deadline. Pursuant to California Labor Code
Section 1770 et seq., the Director of the Department of Industrial Relations of the
State of California and the United States Secretary of Labor have determined the
general prevailing wage rates in the locality in which the Work is to be performed,
Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/.
The wage rate for any classification not listed, but which may be required to
execute the Construction Phase of the Work, shall be commensurate and in
accord with specified rates for similar or comparable classifications for those
performing similar or comparable duties. To comply with California Labor Code
Section 1773.2, Design -Build Entity shall post, at appropriate and conspicuous
locations on the job site, a schedule showing all applicable prevailing wage rates
and shall also comply with the requirements of California Labor Code Sections
1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to California
Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230,
Contractor and Subcontractors of any tier who are not already approved to train
by an apprenticeship program sponsor shall, within ten (10) calendar days of
Page 24 of 212
signing the Contract or subcontract, as applicable, but in any event prior to the
first day in which Contractor or Subcontractor has workers employed on the
Project, submit the Public Works Contract Award Information form (DAS Form
140) to the appropriate local apprenticeship committees whose geographic area
of operation include the area of the Project and who can supply apprentices to
the Project. City reserves the right to require Contractors and Subcontractors to
submit a copy of said forms to the City.
C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of
signing the Contract or subcontract, as applicable, the Statement of Employer
Payments (DLSE Form PW 26) shall be completed for each Contractor and
Subcontractor of any tier who pays benefits to a third party trust, plan or fund for
health and welfare benefits, vacation funds or makes pension contributions. The
form must contain, for each worker classification, the fund, plan or trust name,
address, administrator, the amount per hour contributed and the frequency of
contributions. Training fund contributions shall also be reported in this form. City
reserves the right to require Contractors and Subcontractors to submit a copy of
said forms to the City.
D. Notice to Subcontractors. Proposers shall notify all potential Subcontractors
submitting price quotations for portions of the Construction phase of the Work of
the requirements concerning payment of prevailing wage rates, payroll records,
hours of Work, and employment of apprentices.
23, PAYROLL RECORDS
Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified
payroll records directly to the Labor Commissioner (aka Division of Labor Standards
Enforcement).
24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS DIR
No contractor or subcontractor may be listed on a proposal for the construction phase of
a public works project unless currently registered and qualified (including payment of any
required fee) with the DIR pursuant to Labor Code sectior 1725.5 [with limited
exceptions from this requirement for bid purposes only under Labor Code section
1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work
on a public works project unless currently registered and qualified (including payment of
any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is
subject to compliance monitoring and enforcement by the DIR.
25, SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these Request for
Proposal Documents and failure to submit same may be grounds, in the sole discretion
of the City, for rejection of any Proposer.
Page 25 of 212
A. Living Wage Ordinance and Prevailing Wage Where Applicable. Design -
Build Entity, and Subcontractors, if any, shall comply with the terms and
conditions of Ordinance No. 1187, the City's Living Wage Ordinance.
Upon request, certified payroll documents shall be provided to the City. If
there is a difference between the Vernon Living Wage rates and the
California Prevailing wage rates for the same classification of labor,
Design -Build Entity and subcontractor shall not pay less than the highest
wage rate for that classification.
B. Equal Employment Opportunity in Contracting. The City of Vernon is
committed to a policy of equal opportunity in contracting. Qualified firms
including small businesses and businesses owned by women, minorities,
and disabled persons are encouraged to submit bids or proposals.
Design -Build Entity's expressly agree to comply with the City's ordinances
and regulations regarding Equal Opportunity Employment as well as
regulations that may be mandated by the source of the funds supporting
the Contract. Design -Build Entity certifies and represents that during the
performance of this Contract, it and any other parties with whom it may
subcontract shall adhere to equal employment opportunity practices to
assure that applicants, employees, and recipients of service are treated
equally and are not discriminated against because of their race, religion,
religious belief, color, national origin, citizenship, ancestry, disability, sex,
age, medical condition, pregnancy, sexual orientation or marital status.
Design -Build Entity certifies that it will not maintain any segregated
facilities.
Design -Build Entity shall comply with all applicable Federal and California
laws including, but not limited to, the California Fair Employment and
Housing Act (California Government Code Section 12900, et seq.),
California Labor Code Section 1735, and The Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.). Design -Build Entity shall require
like compliance by all Subcontractors employed on the Work.
26. PROTEST PROCEDURES
A. Any Proposer submitting a Proposal directly to the City and eligible for award of
the Contract may file a protest if the Proposer complies with all of the following
requirements and conditions:
The Proposal protest is in writing;
2. A protest based upon alleged defects or improprieties in the
Contract Documents is filed with the City prior to the Proposal
Deadline;
3. All other protests are to be filed and received by the City no more
than five (5) calendar days following the City's notice of intent to
award the Contract; and
4. The written protest sets forth, in detail, all grounds for the protest,
including without limitation: all facts, supporting documentation,
Page 26 of 212
iegal authorities, and argument in support of the grounds for the
protest. All factual contentions must be supported by competent,
admissible, and credib!e evidence.
B. Any matters not set forth in the written protest will be deemed waived. Any
protest not conforming to the foregoing requirements and conditions will be
rejected by the City as invalid.
C. Dispute Indemnification. In the event of a dispute based upon the Proposer's
submission of this Proposal and the City acceptance of same, the Proposer sha
indemnify, defend (with counsel acceptable to City), and hold harmless the City,
its City Council members. employees, and agents from liability, claims, demands,
damages, and costs arising therefrom if such dispute or action arises so'ely upon
the award of a Contract in compliance with federal, state, and local laws.
Page 2'of 212
ATTACHMENT A
MAY 4, 2016 LETTER FROM UNITED STATES ARMY CORPS OF ENGINEERS
Page 28 of 212
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS Or ENGINEERS
915 Wllsh,re Boulevard. SuRe 930
LosAngeles, Cal(omia 90017-3489
May 4, 2016
Ms. Claudia Arellano
4305 S. Santa Fe Ave
Vernon, CA 90058
Dear Ms. Arellano:
RECEIVED
MAY 16 2v15
Public Works, .Voter &
Development Sc;-vices
In July of 2010, the US Army Corps of Engineers performed a periodic inspection
of the Los Angeles River / Compton Creek 2 Levee System. A segment of the levee
system, known as LAR/CC2a, extends through the cities of Vernon, Bell, and South
Gate. Two storm drains were identified in the 2010 periodic inspection report as id
numbers USACE_CESPL_LC2A_2010_a_0123 and
USACE_CESPL_LC2A_2010_a 0172. They were rated as unacceptable due to the
lack of closure devices, no permit on file for penetrating the levee, and the unknown
interior condition of the drain.
In preparation for possible heavy storms due to the current El Nino event, earlier
this year our branch performed a field inspection of the LA River and identified
possible drains that could cause flooding on the landside due to missing closure
devices. Closure devices prevent flow from the river entering back up the drain and
into the levee protected areas. Two drains were identified on the levee segment,
which passes through the city of Vernon, as missing closure devices. Upon further
research, it was discovered that these two storm drains are the storm drains
identified in the 2010 periodic inspection. Further investigation by our team has
determined that these two storm drains belong to the City of Vernon and are known
as the Section 15 and Section 16 storm drains per the city's storm drain map
(enclosure 1). They are determined to be 51" reinforced concrete pipe. Please see
enclosure 2 for location information and enclosure 3 for photos.
Our branch is contacting the City of Vernon to notify the city that per Engineering
Manual 1110-2-" 913 (Ch. 8-6), pipes or conduits that pass through a levee system
are required to have a closure device on the river side outlet. And per 33 United
States Code section 408, alterations to any USACE federally authorized civil works
project requires permission from the Secretary of the Army, on the recommendation
of the Chief of Engineers, via a 408 permit.
Please address the issues as identified. We can provide a copy of the 2010
Periodic Inspection Report of the Los Angeles River / Compton Creek 2 Levee
system, as well as guidance pertaining to 408 permit requests.
In the meantime, we encourage the city of Vernon to develop Interim Risk
-2-
Reduction Measures to protect the city's leveed area until the closure devices are
provided.
If you have any questions or need assistance regarding this matter, please
contact Mr. Edward Mitchell at (213) 452-3153 or by e-mail to:
Edward.J.Mitcheli usace.arm .mil.
We greatly appreciate your assistance in this matter.
S
Lillian Doherty J
Chief, Operations Branch
Asset Management Division
Enclosures
ENCLOSURE 1
=fit
7 f
• as � i, --
SEC. 5
=%i f
p
� y
i
i
ti 9Ecc: .2d 1'
" • SEC. 4 � � . - ��� d
6 5EC.`12
8@C. 8 i 9EC. 9
- SEC. a t II •F
' �- .. •w .. .. SEC.�1r4 SeCtian
SEC. 10
I B-A' -
-
BCD. 1
SEC.
.. .. . - ., - - SEC. 17
SEC. 19
1 r
TOTAL CATCH BASINS
1
1
.r.• + `_.__.. �.... _._ �-� iii+��..tt a: o... a.ew sa.,a. [.c.00an raaoro•s
� ' r. cart.. •.•1..• ara
• tr ...• .• — ? I .ouvn c#rcw •au•ar ranuoaa wmrt .a
o + L.Et3END
t a +
REVISIONS 7-
T CD ApCA L.M.
SEC, 13 ' A. .-
Section 16
� r
a�
a
a
SEC. 20 �Y
SEC. 19
IF
sEC, s3
l Svc, 13
SCALE M FEET
600
LNHaNpTON 1#AT as p TE a2 MT. CATCH DAGINB
CITY D F` VERNON
j
'TN 6T. CATCH UASINS UPDATE ES• a.•-•..'. c.• +
gum
P •�� `raR- STORM DRAIN SYSTEMS
UP ATLO HEC. ZZ ca•.a •• a-c• c r •-•w -c.. -. r
ADD GD4NT 4,0. N M ♦� •••.-wa • --Zr--
P UH c.e.•e_ey.a n.yr.,.evgw•s ••
UPDATE— C.D. NU pe #�# ce..-.. ra.w•v.y.«.a."orr••v ti--
-•eaniaitt uN
W� S-8 4
Latitude; 34* 0'6.93"N
Longitude:
:118'11'43.18"W
J
err:
ALL'
nm
q.
iF" Ayes r
i[� 63
lb
Ar
lip
41,
200 400 800
Feet
old
ENCLOSURE 3
Figure 1: 51" RCPN,ith no closure structure. Inspection ID: USACE_CESPL_1-C2A_2010_a-0123 6sevr(w., is)
Figuns 2: 61" RCP with no closure otructure. USACE MP!_.1-02A'2010 a_0172
ATTACHMENT B
CITY OF VERNON STORM DRAIN SYSTEMS INDEX MAP
Page 34 of .212
Ie04
`o•x iz .oleos. 1 i ! i_ °+a•�1 �„ .' a. .� o
'i< •'itiC __ 0.1 � T- - . �� �+.. __-� 3"DIKES -�--�_ $3i
2eax ^ a
^fir ze --"'".aa-�---•-ar •- -tL4 !:SEC. 7 3
I
i 42o
? z4♦� X}.oi-o2 i _ eas:>' fIl a •� •EE.✓EI. J'' .
I' D ,_._'5--��-�'_®.... of •`o\. �i "n� .v;;x; ;J/�
f11111 a a 1 0
SEC. 5�r
SEC. 24 rh I" p IFw
w _ .. a ``--�0 • - --------- ---- ---ZF7p - F
a3,2:,�; Ie<c •A.
i0 •..., ..dp: ^m EC. 4 Prsroe n •i ��.Y
r o a SEC. 12
SEG. 3 SEC. 914
vT_-
21
SEC. 21 O,1653' 09a9 09a9 - 'I'r, O i �a�y 3O3• -_ `_
.." �lq
SEC. B e ^° ^ a a ,
14
i ..� "n ° '.•lJi D,v9e �i ,` a�, �asq €`Da °¢ - 2Q3 x< . m[%
D.
I
SEC. 1 O ! `��•`'�f al_ _ ' ..:-o-kn _ i« SEC. 1 5 � i-'k.p.. Y sEC. 1
O809S S DI069l `P2 s f
g-A R zn` 3 °:.,... 1`s-_`8 [ - 'eoy' , 14�1
SEC. 25
All k
}„+a� 6 O6IP 3 06,6 " O+ Sa 8 _ - ao , g� qsc
Sill
SEC. 1 ,�� �` D- vases n A a Cr .d
A..•- Y .- . s s b,:>><. ,.,o; ^ �' I-o ° SEC. 1 6 a i�... .
s; „ ., 22 Dya�• . y�� ,� ._tom o •k °
SEC. 17�'•`a3ywr
a Da } �o
k�+ - Y' g-C - 'vaow - `' !vs"�_ 9 C. 2H
(' vIe99 � _. �,.... , •' .,.� AS EC. 1 8 - �� �,'• bra
i y F.q 8-B ,ryar2=' �i a,a9l o^y' �
D �K„a.. FT 36 33} 90T 24 a
FU I u
• .
T `T
a
EEEBBB... a• r
���--.ies .., . - • -.,Yb�n+ � °..
y912 o n. s• P r- ��zR
+✓T irr--zr—T�� Ti . SEC. 2 -- I o 9 I o�: n OMA vLST.C.LC.D.
e
^II-0 ,., •• ' ' •• s D+ a �.ae, (�ry�jj SNEETS 9 6 E q II2 m .... 2< _ Pr•asu `` C
- T ♦I Oi9 a`\ `'♦\, ,
SEC. 19
I�� __,___ter -ter ^ F♦�-'� � ... •�1'", � � , a ,.,.. fll; .� ° - 11 O
71
a
D- -- n _ _ SCALE IN FEET
D ass "D,} . • M1�
-a--'a _b• - LEGEND < - 4, ---- --- _.-� • >�-----..� " E � ❑ eoo
REVISIONS
DATE
DESCRIPTION
NITIALs
5_02
DESIGNED
W.C.
9-06
UPDATES S, ANNEXED AREA
L.M.
3-09
PENNINGTON WAY UPDATE
E.S.
3.09
26TH ST. CATCH BASINS
E.S.
7-09
27TH ST. CATCH BA!- INS UPDATE
E15.
B-09
CATCH BASIN TRASH EXCLUDERS
E.S.
-10
UPDATED SEC. 22
E.S.
2-1D
ADD COUNT C.B. NUMBERS
M. D.
3-1 1
UPDATE COUNT .-.8. NUMBERS
M.D.
1-13
UPDATE ALL C.B. NUMBERS
E.S.
6. 44
UPDATE C.B. TOTAL COUNT
E.S.
* NTr CATCH EAEIN WITH ARE U 1TS DL D E R
U ID—W CATC1 BAEIN WIT„ CPS °NITS
* o * DNTT CATD.. a,E,N WIT.. ARE °NIT..
.Y �k GlITE WITNDDT cP.
Me��oETIDND.TDWR.=IN°NANWD�E
CAse S—S W.Tw CD SS CPS OR CCI„Tv CATUARS
SEC. 20 \
SEC. 1 1 I ♦,
° i \
•I a0y' � = j0.+0 c
CITY OF VERNON
IF
ILL__,�sa�� o-! STORM DRAIN SYSTEMS
33 �-• 3��� 4S '
ATTACHMENT C
AS -BUILT PLANS FOR SECTIONS 15 AND 16 STORM DRAINS
Page 36 of 212
TRIM LINE
•- -?ice-- .z ._ :. _j `,..-= - ' � --_ -_ - � - --=�.. _ - - '- - _ - - - - � T _: - � -• - - - -
.•CONSTRU TM.N.1Y2
i
—167
_ -.. _
3 1
Ibb � Ex AST. 2 SEWER _
P3 J
- - - ' - J �-
J. �-
—164 — - - - - - --
...:-_��___:____._•.._�_=__.:. � '----__ •sue_ _i._'.: _..E _ _- : ...
- -- - - - - -
._ -- - -
a .-._.. ..._ _ ..-a. _
162
:.7._i Jim D-
i
/$BQWS O
} : I
S.0408
Fl 15 A
.. .. :. :.
_ r
R.G.P. 3
vl
{ _ _
- :. PROFILE SCALE : -_ -- - --- — - - --- — -- _ _
;. 1, 2,
I
20'I'Oo 21+00 221-00 — ---- -- -----23+00 - - - - -- -- -
UCl S G.F.
S
EXCHANGE 'AVE.
PLAN
III= 201
.N a
• .. 4. ie•a
VQ ;
N �
----� �-�^ �w .-•FX/STING C.F ---
W -
w
g 1�
• N 82 -47-
RAIL TRACK TO BEREM0YF, '-jr GONTRAGT2OR UP TO 0
THE END WITH B�BWACK WORK
M
J�I •+
•�
� 6 J-
t4
40
I
N
�I 3
go I
w
�
I
- 1
1
6
40 I
4d
rE I
N
F
W
W
I
IN
W
W
V)
GENERAL NOTES
-1. -CONSTRUCTION SHALL BE IN ACCORDANCE WITH CONTRACT NO 451
_2. -ELEVATIONS ARE IN FEET ABOVE -SHE CITY OF VERNON'S DATUM .PLANE-B.M.M. NO 29,
EL.162.078 .
'Y• ,STATIONS SHOWN ON DRAWINGS ARE ALONG G. OF CONDUIT OR ON ALINE NORMAL TO
i
% OF CONDUIT,
4. ALL PIPE IN OPEN TRENCH SHALL'BE BEDDED ACCORDING TO STANDARD DWG. 2-DI77 i
CASE DC ,
- ..THE OPENINGS AND TOP SLABS OF ALL SIDE INLET CATCH BASINS SHALL BE
i MODIFIED TO MEET THE REQUIREMENTS SHOWN ON STANDARD DING. 2-D232 .
-'b. EXISTING UTILITIES SHOWN SHALL BE MAINTAINED IN PLACE BY THE CONTRACTOR,
! {UNLESS OTHERWISE NOTED.NfERFERNG UTILITIES TO BE RELOCATED BY OWNER„
T. REFERENCE IS MADE 10 THE FOLLOWING -STANDARD PLANS: I
e-0107 MANHOLE SHAFT 2-D224 PIPE CONNECTION TO C.B. I]
: -D157 MANHOLE R-'INfORCEMENT _FOR 9 B. 2-D232 -PATCH BASIN OPENING
-0162 CATCH BASIN NO.2-2-0393 ]CONCRETE COLLARS i
Q-D163 CATCH BASIN NO.3 2-D415 LOCAL DEPRESSION NO. 4
TAN -0172 .LATCH BASIN REINFORCEMENT �2-D96 6 DARD DROP STEP
9-D173 PIPE SUPPORTS ACROSS TRENCHES 2- 13156 C.B. FRAME B COVER (MODIFIES
Q-DI77 PIPE BEDDING IN TRENCHES : Z-0472 MANHOLE FRAME B COVER
TABLE FOR DESIGN OF R.C.P.
I
CATCH BASIN fEX15ZWG.bRAL`
`T AS [MLVWEP ON DRAWINGS _
0 UTN.ITY
UTILITY 0 STORN DRAIN
T Y)P/GAL GO NEG IV TOR PIPE PROFILE
NO SCALE
NOTES:
THE CHANGE IN GRADE OF THE CONNECTOR PIPE MAY OCCUR EITHER OVER OR UNDER AN
EXISTING UTILITY.THE PARTICULAR UTILITY AT WHICH THE CHANGE IN GRADE OCCURS
IS NOTED ON THE PROJECT DRAWINGS. AT LOCATIONS WHERE UTILITY CROSSINGS ARE
MARKED &THE CONNECTOR PIPE GRADE WILL BREAK UNDER THE UTILITY.
ON THOSE CONNECTOR PIPES WHERE CHANGE IN GRADE IS NOT INDICATED IT JS
ASSUMED THAT THE CONNECTOR PIPE CAN BE LAID ON A STRAIGHT GRADE FROM THE
C.B. TO THE STORM DRAIN WITHOUT INTERFERENCE WITH UTILITIES.
CONTRACTOR SHALL MAKE EXPLORATORY EXCAVATION TO DETERMINE THE EXACT
LOCATION OF A UTILITY,AS WI. AS ITS DEPTH, WHICH ARE MARKED &OR&.AFTER
THE EXACT LOCATION OF A UTILITY HAS BEEN DETERMINED,THE GRADE AND
At GNMENT OF THE CONNECTOR PIPE WILL BE STAKED 50 AS TO CLEAR THE UTILITY.
WHERE CONNECTOR PIPE HAS A DEFLECTION EXCEEDING 5'USE CONCRETE COLLAR PER
DWG. 2-11393.
8. CONSTRU ,TION WITHIN THE RAILWAY YARD UNDER THE TRACKS SHALL BE PER-
FORMED ACCORDING TO THE ZONING. EACH ZONE MUST BE COMPLETED BEFORE
PROCEEDING TO NEXT ZONE.
SCALE•' AS 5HOwN
OA7E•��
OES/BNEA' S. ADEL
PRAWN.• S. ADEL
QVEGYEQ' �
AIRDVEa
f/!�/O/Ti•
EN6lNEOF VERNON
ERlNe OEPARTII�NT
STORM DRAIN
EXCHANGE AVE.
..AMA VISTA TO L.A. RIVER
ET I Ai' 3
CIVIL EAWNEER
[ E, No, 13492
DATE
D 2 0 2 9
A5 BUILT OCTOBER 1982 ,d. 1A
YL . -- — ----- -.. _..
R.
R
S aCOB nA
-_ PROFILE SCALE;-
N. JIe2'
:AH 71 20 ___
L - 141 :
-N. I'-
r
TRIM LINE
GON$YRUGT f4 H. 02
3r40---- -- -
---
� f
9 SG SC—SI
169
167
162
160
i
154
T Sr7o ❑ 36'4 - _ - -- 45Z -
SI .C.P.
_ -1 JAGKIN6 L/N/T - 26 2-51 - -
- - 5
.- RL.F 12000
AR St TZB d
CK A7 ti� •� Sr77
fW 57ROCTURAL
DETAIL SEE SNT.3
4': L.A. RIVER
I
4I
n
3.. I
,q
LA. Rw&R S1A 0,I SW+15.6.
SCALE• AS SNow.v
APAW fiW
X
elry Of vfftmow
ENGINEERING DEPARTAWAT
I
STORM DRAIN
p
p� 5s-eOE2
c�1. -xs. AL
LWAPV SL ADEL
01`£P.KFQ,_
E X C H A N G E AV E.
LOMA VISTA TO L.A. F VER
T 2 a- 3
CfM FA4WMTR
CATS• 7_!_B2
D 202 9
CL
EAR
LEAR
ROUGHENED CONS'T. JOINT
a 7>
I
s' D. ,D,171 _
10*
i * 5'S
► 5' S
2h CAE AR
l
1
A
•
1
1
'a �•CLi A4
2 GEAR
—*50I87 O.C.
•r
�a
# 4 Q /$• O C.
- 9 4'S
0 5 e 8.O.c. 4
10•D.[
n CLEAR D
p N A q
S E C T 1 0 N B- B
NOT TO SCALE
I
t
1w40IS O.L
D
S E C T 1 0 N
NOT TO SCALE
6RO=FD ROCK iAVIN4 `
9 LAYER CRUSHED r ��
r # 4'S
^#4e 12 O.C.
,• C'-, G .
TRIM LINE
F
Ll
/I
S T 1 O N A- A��
NOT TO SCALE .
P L A N
NO SCALE
TRIM LINE
NOTES FOR GONSTRQ�TION WITHIN CARPS
OF ENGINEERS RIGHT—OF—WAY
I. LARRY GRAY, CHIEF OF OPERATIONS BRANCH, CORPS OF ENGINEERS, 5HALL
BE JOTIFIED BY TELEPHONE AT Z85-2151 , AREA CODE 213, FIVE DAY S
PRIOR TO START OF OPERATIONS.
Z. DETAILS OF THE EXISTING LOS ANGELES RIVER CHANNEL IMPROVEMENTS
SHOWN HEREON ARE BASED ON THE RECORDS OF THE CORPS OF
ENGINEERS AND THE CONTRACTOR SHALL CHECK PERTINENT
DIMENSIONS IN THE FIELD.
5. FOR DETAILS OF THE LOS ANGELES RIVER CHANNEL IMPROVEMENT,
SEE U.S.E.O. DRAWINGS FILE NO. LA 40-6 E LA 411161.1 .
4. A BALL AND CRANE SHALL NOT BE USED FOR BREAKING OI)T ANY
EXISTING C )NCRETE .
S. THE OUTLET STRUCTURE IS TO BE CON5TRUCTED FLUSH WITH
EXISTING CHANNEL BANK. DIMENSIONS AND STATIONS SHOWN
SHALL BE VERIFIED IN THE FIELD.
6. THE EX15TING CHANNEL SLOPE PROTECTION SHALL BE REMOVED
2 FEET OUTSIDE OF ANY ACTUAL EXCAVATION.
7 DIMENSIONS FROM FACE OF CONCRETE TO STEEL ARE CLEAR
DISTANCE UNLESS OTHERWISE SHOWN. BAR SPACINGS ARE
CENTER TO CENTER OF BARS.
B. CONCRETE DIMENSIONS SHALL BE MEASURED HORIZONTALLY OR
VERTICALLY AND PARALLEL TO OR AT RIGHT ANGLES (OR RADIALLY 1
TO CENTERLINE OF CONDUIT UNLESS OTHERw15E SHOWN,
9. ALL BAR BENDS SHALL CONFORM TO THE AMERICAN CONCRETE
INSTITUDE ' MANUAL OF STANDARD PRACTICE'
10. TRANSVERSE CONSTRUCTION JOINT$ IN WALLS AND SLABS St-IAI
BE IN THE SAME PLANE. NO STAGGERING OF JOINTS WILL
BE PERMITTED.
II. THE TRANSVERSE REINFORCING STEEL SHALL TERMINATE 2
INCHES FROM CONCRETE SURFACES UNLESS OTHERWISE
5Ho IA/ N.
12. ALL EXPOSED EDGES OF CONCRETE SHALL HAVE 3/4 CHAM%ER.
15. LONE TUDINAL STEEL $HEEL BE SAPPED 2I DIAMETERS AT
SPLICES. TRANSVERSE STEEL SHALL BE LAPPED 30 DIAMETERS
AT SPLICES.
14. CONCRETE USED IN STRUCTURES SHALL BE 5000 P.S.I.
I5. CONTRACTOR SHALL NOTIFY CORPS OF ENGINEERS INSPECTOR
24 HOURS IN ADVANCE OF SCHEDULED BACKFILL OPERATIONS.
BACKF'LL OPERATIONS SHALL BE CONDUCTED IN THE PRESENCE
OF THE INSPECTOR.
16. BACKFILI_ SHALL BE FROM THE MATERIAL EXCAVATED OR
SIMILAR MATERIAL AND SHALL BE FREE FROM ORGANIC MATERIAL,
SILT, CLAY, BROKEN CONCRETE OR PAVEMENT, LARGE BOULDER'
OR OTHER OBJECTIONABLE MATERIAL. 5ACKFILL SHALL BE
COMPACTE) TO A RELATIVE DENSITY OF AT LEAST 90 PERCENT.
DENSIFICATION OF BACKFILL BY FLOODING OR JETTING WILL
NOT BE PERMITTED.
17. PARTICULAR ATTLNTION SHALLBE GIVEN TO RESTORATION OF
EXISTIN6 IMPROVEMENTS . Th::S AREA SHALL BE CLEARED OF
DEBR75 AND EXISTING CHANNEL SLOPE PROTECTION ADJACENT
TO EXCAVATION SHALL BE C:EANED OF VEGaTAI MATTr-R
AND SILT PRIOR TO GROUTING TO INSURE PROPER BOND.
GROUTED STONE PROTECTION REMOVED OR DAMAGED DURING
CONSTRUCTION SHALL BE REPLACED TO EQUAL OR BETTER
THAN THE EM57ING CONDITION .
SCALE'
APPROVED I
DATE•' S-26-82
DES/6NE0' S. ADEL
CIVIL ENG/NEER
L.E. N0. 134i2
DRAWN.• S. aDEL
LY/ECA'E
DATE
TRIM. LINE
- —-i - - -
176
-4 - - - -
�� -� Poapo re r
174 - - - _ — !0"fi�a/ins.Elev /68.5- _ - — =la.o°-° 174
-F`�-•:-. --.- �s.- ..
G'Gos. Ell v %7/, % T uJ • E/e% 770 7 _._ 173
- - - - - _
l72
__ _/6'Sewer,
monhs/a sa/i✓=' _ z 5to.8�OR5 _ _ - - - _ - '_
17! - - - - = u orf _ _ _f - _ l7l
- 4 - - --' - - Elsl 3 - Y - - -
�- - -:
170 _ _.. _ .. ... _ _- .. _ - - =_3 =�\d �t SEWER TNYERT.'7- /7
�„� er�leY. t745 3
164 - - _ - }�
- _-_
I � 4
168 - -
/S" :Tn/e t (S) in /at- " -- Sa if/t
_ z- - - - -- - - s- 167
+72 843/ I
040
AG.�
T.
e b
. '
!overt 10�00
i-- "-'•� :;ram' {3 • r',=. _:_._ ._ - :. - �" - 7 S" •• - - - ._ -_-.. . _ -_ __ __- _ _ __ ._.._ ._ : -__ . -
6+00
C
7.00
6.00
1.00
PROF/LE
one 6rate
V:Z'-D"
£ 5
Scale {/ore.
= V- 20' E 7S' N. at
C District Blvd.
& f
li
Scat Yart.
!"• 2' / 63' ^/5" ? C.
F. Z000 D
in 0 I-e
~
NUQ
�i
3
CS
EPv�V
QtoN
M!
api y 4
•'
ry
.�
°
-C
C 0
P
N
vi
1V
_An
o•W `
At,/1
nimll AW
Vofh°
O.
LL1!
-rz
_ _
LI
C�-
I
—
_
6
6
+o
.s
r
r
:r� �'..a
_k
B
k
6 7
N BZ' 47' Iff' W
a
O
f
4
D/ S TR/CT
BL
VO
7/\prtR±i
at
—'y1
o
a
q
aa0 1 q Q Z
o
ylo e1
0
t
°n
•�
Ohi
•�
V
e
N
L �' h t0.i N
W V Ni \
N 1:
Ln
�,
� V
on
V
•�
O �
v
M v
3,°
c O -r �► N
�3� n3uNi nl
�
N
� /0 / S' /'S
r+
� /0 � � �' L` � o �
—�- .o tiv o N
Vi
N
Jo ti
` u
$
'o
�
25
Q
25'• � � �
�
N Cd
PLAN
w
I
SCALE /' • 20
/0.00
GENERAL NOTES:
I. Construction shall be /n accordance with Contract Np 367,
Z. E/eYat/Onb are /rrfeet above the Crty of Vernons Datum P/oce B.M.M. N! 24 , El. 177.437. Weq,, EJ/62.084
3- 5faiions Shown on drowinys ore olony ¢ of condvit or on a fine normal to 19 of condvit.
4. All pipe M open trench shall be bedded occordiny to Standor•e/Orvy. 2-0177. Cose u .
5. The openinys and top slobs of a// side reset eotch bos/i/s shall be modified to meet the regirirem,nts
shown on Stondord Prowiny Z -D 232 .
{. Existing utilities shown SAO/1 be mointoined /n place by the corrtroctor,imleSs otherwise noted.
/ntetferrny utilities to be relocated by Owner.
7 "cot/or/5 shown on the plops for existing sanifory Sewer house connections ore approximate oa/y.
B. Reference /s mode to the fa//airing Standard Pans
P ^ 046 Stondord Oiop Step 2 •D/77 Pipe bedding in trenches
1 - D102 Manhole N" 1 Z-D/B4 Manhole N- 2
Z -D/07 Manhole Shaft 2-OZZ4 Pipe connection to Cote/) Bosin
Z - D11Z Junction 5tructure N° 2 Z-O23Z Catch Bosin opening
1 - D167 Manhole ecirrforcemsnt for G.B. Z-,0ZS/ Protection for sewers
Z - O/60 Catch Basin HE 1 2-D3V Concrete collars
2 - D/62 Catch Bosin N"2 Z-0415 4acalOepression N°4
2 D/63 Catch Basin Ne 3 Z-0156 G.B. Frame j Corer !Modified)
Catch Bosin reinforcement Z-O/B/ Manha/e Frame Cover
1 - Deli "O"Load Table for design of R.C.P.
2- 0 173 Pipe Supports Across Trenches
Catch Basin Existing Erode
AS 14 ',to on drowinys
H 0 utility
utility 0 Storm ordih
a
As red toted an diary, figs
-YP/CAL CONNECTOR PIPE PROFILE
I NO SeALE )
NO TES
I The change in lade a/ the connector p/pe moy occur either over or under on existiny utility. The
'(V paelic.lor uti/r fy of which the ehonge r�, grade occurs rs noted on the project drow1hys. At focolions
where utility cross/r/ys are morked0 the eennector pipe grade wi// brewk under the utility.
U 2. On those connector pipes where chonge in grade is not indicated it is assumed that the connector -pipe
con be laid on a straryht grade feel" the catch basin to the storm dioin without interference
with utilities.
U J. The COntrOCter sholl make explorofory exco votions to determine the exact location ofe, vtdity,ae
4v well as its depth, which are marked e0 or iL. After the exact location of o utility has been dstermined,
_..�'l•L• — -. the grade and oll9nme4t of the connector pipe will be staked So os to clear the utdity.
`O 4 Where eennector pipe has o dellect/bn exceeding 5' use concrete collar per 5td. Owg, Z-0393,
evri Lie,
too'
W 8.5 ZIS, /O
- O
t o, ri r.r; a a'ws I
�� : rt. ne�ro t r/. rre.re ri s•"`" -u, nc. oe
(ea<�ee�i4 n r>o x
MO SCALE
CROSS - S£CT/ON
SCALE AS SHOWN
APPROVED 7,"7L
CITY OF VERNON
PUBLIC WORKS 0£PARTMENT
STORM DRAIN
DEsISNED�/.f,(�;�
�, ;k-�4
D / S TR/ C T BL !/®
er / 0p/3
PRAWN, J.J... —
Ky
CIV/L EhWNEER
REC0NSTRUCT/0H
D-/170/
at£CKED�
No -1 432_ -
DOWNEY ke' TO ATLANTIC 84vD
AS CONSTRUCTED C AANGES MADE 20 NOV. 7-6 G.W.B.
s
�=-3`
r
.°'
"
I73
- -- _
r�
-
� "��-"-- ; --' - � -
per. 4•
- -
_
Posed.�:.._-
- - - - ;�
- -- - -
-- - � •►N.! "
l72
- - ___ Etif ti���T-e+--- o����oG�:._.3= -
`�kr.- 71.IiRiO'+�� _-ice
17i
4'"VcP.ivlvrr.tf/.
_ .
/aR50 � .�_
-�
-
-: �. : _: _-_ -__- � = L _�
- _
_ -
_ r- _
a _ - .-.� _�• �
-g. -'z^=L= ~�- ._:4�� .- l`
•i', i 't
--. _ _
I7/
fQ2.D -
ARE-11-1
SUPPART ENCASE _ �
^�_
- � -/68.SS
y -' .•
6UPPAR i-' � -
'-
�_-- - _. 5 Hrrl/neT
a
__
_ - . ,_ _
--
/70
1bB
_ _
S.tnhf s 1) :
�ELE_�i/lQ�.E -
�a,s2-EEev,a,.isSte.[r!79
,-,-YS"N.ln/rt
-� �
SiAIe�-�—
- - -
• dM.:/J•39-.=-
C�rMf� f/iE 0
•��
-
_ �
=.L�ew•er=invsrf' 'Sr 7s
_ SU.P PC) t � ,�:
_ �SCl/i/,E/.RIAl _ y�35+57. 2_'CvISC°OANDCN
rS.tr.o
- is Sains.s�azn�
/6B
.' ...
--_-
- -
-1/+2/.67 �' _ -
�^ - -
. �,
- - - PPa[ i -
_
- _ bAyr
e' �•r �66.69
_
65. 03
'`_ : _ - � ' _ ..._
—
� :: -.-�i '_ _ .-:-�_ •_ - -_ _
-_
_
_
f2•iACTER IN51DE IB'CA41NE
166
56
nAaDM sasw�
�REMOVED�
laa
_ffi•BO:_��-.
'• :; _x •'3 _S�t.
v '�--i
__ -
__=.. _ �- L N. INLET
/6.!
-
O 0- _. _ _
1►r.# -_
"O.
'
•�
OOCO
A
_-
•
-.-_�_.160:
- j
�30`R.
P�/5UU --
-,
--- - - - - - -- ----
7.30"IPII /3 •�•i2•�'Sf.Cr
1500A
do
171 LE. CADL
iA
10.00 11.00 ►t-a0 /3 •Do r�a0o 15000 9400
PROFILE �' b►'
SCA i-E /•tir r !' • 2 ' I bo,
rrALE HGJrr !' • re' rB ?B' s
xA ro sa so ro y . ` /* A/C, Cock
b Z C �d ti ,� �+ � of ► � m � �* 10" Oreln ABend°nsd
N+
W
+ � ;� � � p� 1': m r �. � CROSS - 5lGTION r q • �! � eJ � j 1. / -
�y �� V .i BrA. 11.00 �/ 111 $ wa i' y 1p Z f l
I ar N I ��Z_ y __
--- - ---- - - ---- - - ----- - - - - - W :3 +4.
� •y�� � �- l � o, - / f`l %''� �ry.� - � - f`,1 � 131 t` 1 � 3'GoE 26.s'Nef¢, To
�RCDnrtrycDT
fcd f'H.I.C-)
-Si�
::wH°vf. A• i SEVER `T 4 AMtndeti L'.A. `C, •�} a GAS Ies' re. or 4.
Ev 0 1'VL>! lr�waao 4 u•rvn" sC`Q' eu. CauF. c,as a:ca.
! y_ _ _ _ _ - -. ___ - fi4. w JO,� ►r:IA+arr LVG, e•.,Fep tt - uf.Eo tnaa..00..Ev 'E n�dF+o c�xeo IN vLACE
rAl • n0.1 ! !2 1"1 Th • i<�.i /'J rA•. 0.00.00 rEdETr A ►e a�.w,+Ev- - Is O N C
IS" IY iw.Is•!p{.re C3
w J.If�S M D/ 5 T R/ C T B L V D. :rArrr r �5 e.;c�•�o- e)
M rlr!•V.77 •pv 9"JcR� i
W W e'Vcr .cr. •C
s s rt 'Q
----� rro•nve ^�. _--_TI — .-...— �-- f1-e3dil' �- D--�--r-------- - - -O- _ \
h•LW-1 Q I I L'rC.P I Imo- • ■/rKfl �y[r , i I , L- 1 I Y
t T
- ----
/� y�
� - - - � �� r I ramore C.B. feel /n/cf J R
tl ,�x'� 4yi i .tp �'� 3 Q I ! ° �11 T N �i Ik k� ✓ Oui/et epem� rvi/9r B" .k V
3v = d� n d n �= Mij " Ir h a ly o ap q• 11► i i t x �I ✓ LBiiakwerk -- J Azin
m
o •ri= ,� �„x v�. s „ N 1.. J y+ �; 3 •�,. oc '^r/ M 'r! Z r, `I�'
ti W I
��h ti 4� irk 4 PLAN ti M+�a jr I� `13 �. vl r IIvi '� nr
SCALE I"r rD' �'� ^N Oc Ej� V a ? ! r r� ♦ I i t ►. • O e 1 pp
$r+Y tt r @ �� Z � vi l �'ot �t� 5 20• to j5 �tl, y� �e �� ly 41� A! �I iL
it'4
l W. /� S , E• lif
fG1LE AS S/IOIYN
/
APPApVED T'J-7L
C / T Y OF VERNON
PUBL/C WORKS DEPARTMENT
STORM ORA/N
oexslraEc 1.1_r_r
�c; �,f'��
D � JY' %%Z � C % BLVD.
Er Z 01�3
MAN7Y:
pVli EMpkFER
� G E^v0•
D — /90 /
Oteatr��• B=
N: Iraez
DOWN Rd., T0AC7LANT
vmurr wrramv rr� -- ----- TRIM LINE ---- - -
j .- - -- TRIM LINE -- - - , - - -- ---
I
;r�scs•is�``i�ai'sTsi�a
is—
�cE=�QE
— S. 1C
�9
a U K a A 9
WIN
ff vi9''_-=K,
Cal
WWR A WN U
smms.
T E m;
ENEgum
_
—
rO poi- 4 'tirade.-
/70
-
/6q
—168
'surr�e -
8'S/r�ort�K40 -
--
-
-
-/67
rppotLi �..
SEWElt4bko
7us
BSQNfr•-E/. /iS.�O
= G q. SO, �
- i7 t 040-
•• -
- - - _
..
6
_
I6S
E.
-164
_
t
-E4 4
- a. oaso
Ve0.18
- /61
rer
' 21 S0
-160
1:11 T— = iss "ao —�o'i� c.R I-Poa `•b - - - - - - - - .
/d«00
R+00
p.00
lq�w
20-00
ZI-00
2/•50
PROFILE
V
Sco% Mors. 1"s20'
See/e Vert. 1'c 2•
V
q
a
n•
•v
M Q
v
`� Z
`
h.
M O
on
2
N
�
N/
2
•O
0
Z�
Cf0
0
x
y M`D
o
*Nc
4iN
O
a I
tiY
'yh
0
1 0
N►h
1�
v
o
y
uV
ao;
a Ov
.tee
N
Q
is �
•�f
pQ
e��
a III
u�
l:c•
M
`
•ham
` oh
yl 1.I
6
C o
e-
�a
:d
�n�
�,
N m
tu
T/'
U/1
/_�1L
►°
hf+
�n 1� �ii
>�
L�L�1
LL
L
i
,. •..•,
C1,.n�-c ,� .. ti
Mr>r
a
_
TT
i%F
I
L•
i
g I••
Id
�' 6 � �
fl
Y/S• f6x2
}>r
W 4
�
� GAS _ —
_
A6ANDUNED
f1a• f6fe - -1r -
�• efa
f✓1
S
E' z•'ws(�.�rouc°)
4••y C.�
f At8Z"
47 •• IS
4 W
i�.
71.wwl
D/
S
T R/ C T
6 L
1/D.
v
Thf•K;t
.cases
w
w
r
I
i I
T
T+
---- — --
—
----- --
---
r
---
-
- ----
---
-
-
-
__ -
-
--
---�r
Al
o
It1n
v
/I
J `
I
V
O
Re/state Ts/s•Orots
r.
•t
'W`I •
rJ
; p`_'
f✓
n
-A
✓
cn %ft
`W
.0
o 1/
'� y 0
Peeifie roe.. es. (N/C)
N
v
aiCK
��
414!
I: I I
`
♦
O
j
N ���
V
nV~
Y
-Ova
1:
y�tl s
r
x
3
;
h
�~O
,iVl•
1A
V�
�00:
•Orly
,O�YY`
n
I:■
VtA�
,E°
ti y 1 PLAN
,
SCALE ro,zo
10 40
Iq ro'
y5�n i
G 055r SECT/ON
STA. l q •00
NO SCAG E
SCALE AS SHOWN
APP,woYEd' 7-3•7Z
PUBLIC WORKS DEPARTMENT
STORM DRAIN
QES/6NEA'J•J.k.Y
DWAWN�- k.
WECKEu 6•B•
�� _-gin
r'/Y/L ENGINEER
a
N ��.2
DISTRICT BLVD.
RECONSTRUCTION
OOWNfY Rd TO ATLANTIC BLYD
ET 3 of/3
D_/90/
TRIM LINE --
■
TRIM LINE
3 b 'nk I"1
3' 13.5 b PA
" 9 r, a b • 4s Z Nn V
p
Z ?r N v N v ,F `p! T {' M M .N V a v M� c� A � V m b A xs.]x nT'T
�� i e E� 00? N A P .a • N W
h ti 3 N w m I t` •'e 7 b• N 3 h • es.]i 1 H 4.1
ATE- N ? r •1� CAI
TV L
' ® ! a'Ar-f 6 I 1�0 di T.I.
I 29• •laces L.1
% _
+' DI 5T I GT BL I/D4P
4a RFAIOYEo D.bAHDL�ry F.o
ir
SO ii she' b 3 •EPEE❑ id
2!•
c
eL•a
wEo
S
�xip
PJS J69.7
2a•+-•+
.r bl+K]I P�
+
Ski. i3+55.74
Di f�LYd
f
on i7'
IS W
S
AY+lO
C i7RIC�.
f
`p S
p"va
K
Y
M
Pl l(£d
!
—T
r
s
O
1
V 7!Emckvgn
Y -� \
f
1 r
1 f
'—
r-
7TT77Tj
7 i 7—
---
—
_
--
K
r__ --
I7
---
— �
��
ATE—il�
�
N C
JJ
PL A
IN
li
cfy
fy
W
*
- V,.ti
a �•g
1n h V
'�I V,
\ •
C
�,
.F �y
I i
A`
t ON
v i•
%
,I/ -bj
bV
•m
SCALE /"ZO'
•ti
9
vi
1 a
e�
I
Q p
a'�Yf
/I I
I I
f C
`WIN
�OIV
b
�.
OV
b
O
'^`•
N%
a*:p
NF°Q
M V
9m
hr N�� 8
�6 24� 2
M
v`
LO
RIM LINE
S-h_
CROSS - SECT/ON
STA. Z6+50
NO SCALE
SCALE AS SHOWN
APPROVEa 7--/17-7?
-1211 a�7'
C/TY OF VERNON
'O la4" WORKS DEPARTMENT
STORM aRA/N
DESfMCCt*JJ.K.Y.
DRAWN, J.
DI5 TRI CT 29L VD.
DOWNEY Rd. TR AT ANT/c BLVD.
ET 4 oF13
C/V!L ENWNEER
D - 1n O /
4
s3. -' - - -• - os•.cd '6 ro ds :.---s- -�Y66.28.•. - -
-
Ibb s P<� MZZ
+st/ 6 a de 'Drer =mar• _ _ d/ - : y- ._ -
-_`-
164 �Gzi
Ni EL 7 370;_=_ /64
EL.162.20 ._ . _.. - - _ -
3 7 - - _ } ya = _ _ t •2 _ - - 1Y•-� • UStPpRi
_:_ 1--•1se•vi:FLlf9.i0 _ - ��-?
rr
sewer_ z"4 S/n.d!•L9 2 -—,�/0"Fiia/lne.!E//SBOS -
lS7.bB -� _ - - -
29 +00 -- _
-158
-� 3_ LS'N./n!
-157
lopre��
- -- - - - _ - _ - - ----_ - a._ a. -i-a -. � -- - - __ _ 3!•[1.Oj InYarf� -=/54.25_=
' --- _� -� _.� - _ 3 13�R• C. P ,7YOD _s3 _ _-f-�= =z --A
- ---� = - - _ -
- - - - - - -- - S _ .. 1 1.
27•/0 29.00 - 29.00 30.60 - 31+00 - PAZ
'-_+�_- ` - � - - -
PROF/LE 1 -- eo
!IORI. SCALE /"=20' a' fO' Ii.6' 1�5
y VERT. SCALE P•2' 3/•50 32.00 33..00
t� O u e " �! : N V 6"` 0 2
;.SS , O 4� ? MQ ii M' 0�"" i ,d 2 ; a�;i N •p
z.:• d C v � w 'vim 7t O o vet V C i H
CROSS -SECT/ON t,{ a``�a`: 4 o
NI d l 3/+00 „ �y� •v 8a'L �3 I 'm W
'Yo sc ALE
s
L J s
5 f S S
ALC
OEMO�C
N sr" s7' /S• w -- - - - ---
D• r!s-nsa rs � to f !I ris•/co.Q u s !7 � ,�
PLWED
s D/ S TR/CT SL VD.
J
.i
------- ------ -� B r- -� r---i y� u W L,ne .$
V CA
/ h .1 t V$ onsd4
/I ♦~ O: •^off V It
sj ti bNb v V v : ° H N; "o vas m I N� PL A N = = m m., ���
n �• h
N 3 SCALE /"• 20•
SCALE AS SHOWN
7J 7L
Arv�eovEa -
�`�' `!/' �`',�
L/TY OF VERNON
PUBLIC WORKS DEPARTMENT
STORM ORA/N
aEsrr�vEa• J'�'k',_.
DISTRICT BL VD.
ET s or/3A9AWN.•
J. �
GV/L ENGINEER
'RECONSTRUCT/ON
D_�qQ�
p/EGYEQ• 6.B.
N=
OOWNEY.RC. TO ATLANTIC BLVD.
TRIM LINE
MrM
F5 �--Mff
FE H a a
MIMEM rNE
TRI
ff
9 MERV=ESMAEft L5
M-ffl-lMwwf= F
tam-
ggil
-FMI
EN, immEw-mg
OWN 4 U a -
-T-R TM -L-1 -N
-,'L T
-47
160
51t /54.0
-157
-155
MTN
-154
-153
152
Al-
.
:F4;SAA -190 a YS
aq
let = 4!rlf.,
Tom#
=Ism
a_
mow...
TRIM Li NE
mum
In
ME
arlEaEf
ME
�= N
IBMKEMP _ ��
I_
ICI EFFE —mg F '� � �� � �
--- Emor cut
EMU ON W N m
.,
€I� .
ammE mill illllll— —
.law Yo-vV N!W Y1W � rJfrYV D7Vfr
fe PL A N
►aaRr sc�cF �'=ra'
YERt SCAL£ I"• 1'
C
tl �} in'.
+� bra 4a�7 I iiA
IQ i� u M (NO SCALE)
h 1�3�1 CROSS-SECTION Sto.48*00
AF At
s s 4 r il
D/ 5 T R /+G T B L V 0 — z
is si er dr• sr. As ABM a r<s•rsr.a s1
FlVrrrrsaf iL.sl.
f N s¢' 26 ' 36 - w IL YL.
r16 40 rsia
5 �— - —.-- ---- — -- -� — -- — �•A — —T-1------------ -- —
l
Vtll�ll'lql'lll.'
aA•.• [-a. d �
tt
61 do C ❑
!* Nti8 P L A N
^TR M I NE
SCALE AS WOWN
7-3-TL
A�TCYFQ
� Of YERNON
PUBLIC WORKS DEPARTMENT
STORM DRAIN
OFSI6HFR" Il�!Y
- '
O / 5 TRI C T BLVD.
swcirr a arI3
Z.A.I J�
qVR EAWNE£R
RE C O N S T R U C T/ ON
^ I q 0I
C7AEtR'EOr- B.d.
Af! _f' 4j.L_
DOWNEY Rd. M ATLANTIC &VD.
1--T
Isis -
/54
152 -
/5/
149-
140-
147-
4_4
'46 -
IM44 09
Ids]144
J
7:
A
_776 —Af. H. -0 -z 4
17f00.0
al ill _F 4
Fi
i77,
7
17Mior V 912
-152 ISemr. L -T- 1 7 7 27,
161.
53-24
iT.-It -
-m
upp"A-_
sewer bv ver f 7T
SSUPPORT
-150
-T
I
/5 (low
-N7
$3.
A
J-23
_727 _7
143.$q
_
7 - lay., 144
A
7
SZ-00 -143
too'
SO' 1 3!7:! 8,7.q
:-I P1AffjVSj0,YjjVO T T SC41c I
I -to'. lo 30, -to'. jo, to47/ -
F 49- R.C.P 1/00 D -XjROj4p__S-- 84 -48,;C.C.P. a -Soo D L�IdS_R.C-P IMD_
511-00 54.00 55.00 56-00 - A.C.A. , 2500 10 SY-06
PROFILE '%
Z 00 311Z 4
SCALE
SME AS SHOWN
A~VEV:
ciry OF VERNON
PUBLIC WORKS PEPARMENT
STORM MAN
015TRICT 8L VD.
DRAWN:
C/M. ENMEER
RECONSTRUCT/ON
D- 1401
"C"la C.B.
Na _jAflz___
00WHIV Rd. N. ATLANTIC ALMD.
� tRass-sEcrro 6L ��� � ; W
44 STA. 62+00
/ f no scacri `� a �a h A
i
3 4} ��
i 5
x
r
57 .so.r bo S 6/
9 26 - 3b" N nb•lA9.5 8-
rrs. rse.r D/ S T R/ C T B L
asr.�w bfcw.
s
S+ ,
~4 yQh411 mti a n
PLAN
e it w aIn VI a
TRIM LINE
4-WA.e.a roan n�
i3-Do
1114
y{ ❑
Al
s N At
1
{ �
!L• Fri
x
Remove C.B. { /B' ,O ain Iw Oer;ol
6ULE AS SPOWN
,6ppkpyEp ��"��
Y OF
PUBL% /T WORKS DEPARRTMENT
STORM DRAIN
cr6ecA£a• 6.R.
DISTRICT BL VD.
RECONSTRUCT/ON
DOWMEY Rd. To ATLANTIC BLVD.
err IO a
OVAL rowavlaw
H■ LL412
D - / 9 0
'PraPorad 'bride - - -- --�� - -�-= -
1 5a - - .: 5. EA-rr#rn '-:�irsCe - ✓erin-.-'�"----- - - - - --ems•----- �.'"--+1._ -- •- _: f = -
-t�r-a"weftr 'g_=� - - L . A R / V E R
—
--F
-- -- - - - —
W
.. _ - SUPPORT � - � - - `._ - - — - - -- :
Uz
-
�- li
!Sfo. 63•#9.0 a .- -- ^� =' -_ -_ �_�� _ _ — e - _ _'_ r =__ Its::_Stt ShNff/Z !� t
Ids
o _
� a Sfrutfurt �
-.
-1— - - - - _ �-— - -- - raj
146c—... _ .�- - .___ - --_ - - _ - = O
IS slnhf "W.In/af' _ �
;-
-145
142.4
Am
Faa - l3.00 — "Iarsrf- =tn �A}dfZ8.5
-tee edt{r ra.sLn vert _ �� --_E_ [ey./397 �L /3L69 IqL
I ---
141
dr-
-ti
-140
00 --
1 -ice Gane. Pvm! fd C
. Iej
lee T /aB . . - !i1"R.C.P - /OdOD - -- "- - - I60: 5!""R.C•P. - /000 O 1- /44 5!"R.t.P.,25f)n0 i f-31"RCP. /4000 i* _ 68+37.0_ :_ - �A 138
:PROFILE-�
-
E _ - - - Tns s M -� • _ 1!6
--7 W6RZ. SCALE '/"-Z6 _
• 1 1
VERT'SCME 1'•2, ._.. - --� - ... i - =- �684-45.0 - -_
C64+00 f.5+00 66+no 47+oc) 68+00 69+00
. � 1
• Cc Ly +
Lp
FL -�--
1
6 �
a
D I STRICT BL VD
I �
1 ` L.i� ram• 3 'PI`'
W/d'.V•5" L•b. r
Ii"N.f P. b 1 •rBbO Q
¢ C4VRVE DATA
0"'• QQ"
R
L5. COO F.T.
L
1 v. aa16 r_r
� tf�N.� 8-srrrr
with ■" kwwrA
6JCvsrd in
Af iIa`th At
P L A IV
SCALE !"-ZO,
SCALE AS SMONN
APAIVKW. 7t'J•7L
P118LICYWORIGS PEPARa MENr
STORM GRAIN
DC—AALL- KAL
C#AW#-L-j.r.y.
!!fE[aMM s-S-
D/5TR/CT BLVD.
RECONSTRUCT/ON
QOWNEY Rd. TO ATLANTIC 8LV0.
mwr / i ora
aK% DOWN
AArd'./,�sar
D- lt%01
O
RCXW41ENED CONVT
SC C T 1 0 N * -*16
S C L L- : 1' 2 - (.
aI cue�w UwR ♦Ewce h
3f Z'
Lk
1 J
I u
r
TO ME JACKED IN PLACE
p' 5'S
4'S
Q 12•�O. G.
SC C T 1 0LN "C=C[�
S C A L E: I- = 2• - (5,
(153.59) DENOTES ELEVATION ON LACFC DATUM PLANE,
II
L
3N" WIlI1
SC CTI CAN
1"(^S C A L E : 1, = Z, - 6,
S C C T I Q N E-C
S C A L E 1" 2' - a'
1�
NOTES FOR CONSTRUCTION WI i I-IIN
CORPS OF ENGINEERS RIGHT-OF-WAY
I KEN RAWLINSON "IFF OF OPERATIONS MRANCH , CORPS OF
ENGINEERS , SHALL ME NOTIFIED MY TELEPHONE AT 259-27S7,
AREA CODE 213 , FIVE DA`!L PRIOR TO START OF OPERATIONS,
Z. ALL WORK SHALL 6E AU.OMPLISI.IED DURING THE PERIOD APRIL IS TO OCT. IS.
Z. Dr -TAILS OF THE EXIST)NG, LOS ANGELES RIVER CW414NEL IMPROVEMENTS
SWOWN HEREON ARE MASED ON THE RECORDS OF TGIE CORPS OF
ENCINEEQS AND THE CONTRACTOR SMALL CHECK PERTINENT
DIMENSIONS IN TWE FIELD,
4. FOR DETAILS OF THE LOS ANCF-LES RIVER C1t4NNEL IMPROVEMENT,
SEE U.S.E.D. DRWC.S. FILE NO. LA 41-1/T I. LA 41T/61.1,
S. A MALL AND CRANE SMALL NOT Sr. USED FOR MREAKING. OUT AN`/
EXISTING CONCRETFz
G. THE OUTLET ST RUCTU RG IS TO PrE CONSTRUCTED FLtISF\ WITH
C-%ISTINC. CHANNEL HANK. DIMENSIONS AND STATIONS SHOWN SMALL
ME VERIFIED IN THE FIELD.
7. THE EXIST INCn CHANNEL SLOPE PROTECTION SFIALL ME REMOVED
Z FEET C )TS1DE OF AN`! ACTUAL EXCAVATIOn .
S. DIMENSIONS FROM FACE OF CONCRETE TO STEEL ARE CLEAR DISTANCE
UNLESS OTHERWISE S41 0W14 . MAR SPACINGS ARE CENTER TO CENTER
OF MARS .
9. CONCRETE DIMENSIONS SMALL ME MEASURaD "OR:ZON-CALL`C OR
VERTICALLY AND PARALLEL TO OR W. 2\GMT ANGLES ( OR
RADIALLY ) TO GENTEQLINE OF CONOU\T .
111, ILL MAR MEN OS SHALL CONFORM TO THE AMMUCAN CONCRETE
INSTIT UDE 'MANUAL OF STANDARD PRACTICE.
11. TR41,15VER5E CONSTRUCTION JOINTS IN WALLS AND SLAMS SMALL
MC IN TFIS SAME PLANE . NO STAG CERING OF JOINTS WILL
ME. PERMIT : G.D.
12. TFIE TRANSVERSE REINFORCING STEL-L S41ALL TERM)NA F- 2
INCMES FROM THE CONCRETE SURFACES UNLESS OTHCRWISE
SHOWN .
13. ALL E%9OSED EDGES OF CONCRETE SHAH HAVE 314' CHAMFER.
14. LONG+ITUDINAL STEEL SH ALL ME LAn9ED 20 p1/�MET CV
AT SPL/CGS . TRANSVERSG STEEL SMALL CSE LIPPED 8O
DIAMETERS AT SS,L\CES.
I5. CONCRETE USED IN STQUCTI)RES SHALL ME •SOOO 9.SA.
16. CONTRACTOR SHALL NO:1f-`! CORPS OF ENGINEERS INS9 ECTOQ Z4
HOURS IN AD' ONCE OF SCFIEDULL-C� MACKFILL O9ERAT ION b,
BAC KFILL OPERATIONS SFIALL ME CONDUCTED IN THE PRESENCE
OF 7FIL IN Sn ECTOR .
17. MACKFILL SMALL ME FROM 'CWC MATEP %L. EXCAVATED OR SIMILAR
M4TCR\AL AND SHALL ME FREE FROM ORG4NIC MATERIAL SILT,
., CLA`/ MKOKEN CONCRETE OR PAVEMENT LARGE MOULDERS OR
OTWER OMJECTIONAgLE MATERIAL . ISACKFILL SHALL ME
CCIM9ACT E.D TO A RELATIVE DENSIT `( OF AT LE SST 9O
PI `CENT DENSIFICATION OF P.&CKFILL MY FLOODING OR
JETTING WILL >CCA7 ME PERMIT7ED .
18. PARTICULAR ATTENTION SMALL ME GIVEN TO RESTORATION OF
E%1ST ING 1M 9ROV EMENTS T41C AREA SHALL ME CLEARED OF
D EMICIS AND EXISTING CFIANNEL SLOPE PROT E.. (ION ADJACEN'.
TO EXCAVATION SMALL ME CLEANED OF VEGETAL MATTER
AND SILT PRIOR TO GROUTING T(> INSURE PROPER ISON J.
C ROUTE17 STONE PROTECTION 2EMOV CR OR DA MA4IGD
DURING CONSTRUCTIC)N SMALL P!E Q.EPLACED TO EQUAL
OR P-ETTER THAN EXISTING CONp1T1ON
RIV E R
TOa9LO9 STORM DRAIN
. tbl. L. AT RIVER 0
1
J.
SCCTI QN
S.O. SL4� G:RIICZIIaG —
S C A L E 1" = A - C) RIVER R.tl'1 �— t)i
ll 1'
IA 4
\ _ _ DIS-1 RIG- MLV D.
�\ SI T C PLAN
"H;
P
L A
N
S
C' A
L E : I*•
L(i
4A
SCALE: ASINCYTTEDAPPROVED=
CITYOF VERNON
S'TQRM
DE516NELL V. V.
P118LIG WORKS DEPARTMENT
Dfi&1tJ
2IC I BLVD.SHEET12
Di13
C,V/L ENGINEERpIS1
ORgWN� BND.
/ �390UTLC
T STRUC i URCCHECKEDpgTC
T
1901
T/ss/sz
3N > -w a' - ----- ----- ----- -- ----n..d -.a..l ,s 4.5A �L,.., G..f U[.r...--
w1
LOG OF BORING NO. 11
LINE _ STATION + fo
DATE DRILLED_ I/zi/69
SURFACE ELEVATION
ro
DESCRIPTION
SAND, Bne, silty
ISM)
SAND, fine to med. (clean)
(._..i... I Pea agra vet)
i
(SP)
SAND,fine to coarse (clean)
(occasional pea Brava]) (SP)
SAND, fine to med. (clean) (SP
Vol! of Boring @ L477 '
Boring Location:
35' N (L District
YC
500' W rL Maywood
LOG OF BORING NO. t
LINE _ STATION +
DATE DRILLED 4/ Z16
SURFACE ELEVATION
v�
�y DESCRIPTION
^stncrete
SAND, fine. silty
ISM)
SAND, Bne (clean)
(SP)
(SP)
SAND, fine to coarse clean
SAND, medium (clean)
(SP)
SAND f
SAND, medium (clean)
ISM
End of Boring @ 14'
Boring Location:
I S. N (L District
65' W CL Maywood
LOG OF BORING NO. I3
LINE _ STATION +
DATE DRILLED 4 22/69
SURFACE ELEVATION
��e
o DESCRIPTION
SAND, fine. silty
ISM)
O
SILT lens. (M L)
End of Boring @ 14.
Boring Location:
30' N 4, District
75' W (L E—rett
O
LOG OF BORING NO. 14
LINE _STATION19+86,
DATE DRILLED 4/21/69
SURFACE ELEVATION
�y
DESCRIPTION
SAND, fine. silty
(SM)
rJ
SAND. fine to med. (clean)
10
(SP)
End of Boring @ 14'
Boring Location:
14' N Cr. District
_
70' W (L Loma Vista
INDICATES INVEZT ELEVATION
LOG OF BORING NO. Is
LINE —STATION +
DATE DRILLED 4122169
ELEVATION
HURFACE
�y
,v
DESCRIPTION
SAND, tine, silty ISM)
SAND, fine to med. (clean)
(SP)
SILT lens. ML)
SAND, fine, (.lean)
ISM)
SAND, fine to med. 1.1... )(SP)
SAND, med. to coarse
(.tattered gravel maa. V-1
0
(SP)
SAND, fine (clean)
(SP)
End of Boring It IS'
Boring Location:
30' N CLDi.trict
—
65' W (L Corona
LOG OF BORING NO. 16
LINE , STATION--%9+97
DATE DRILLED 4/22169
SURFACE ELEVATION
v't
�F DESCRIPTION
SAND. fine, silty
ISM)
aSIL7,
sandy (ML)
SAND, fine to med. (clean)
(SP)
some gravel, ma,. 3"
SAND, fine (clean)
(SP)
SAND, fine to coarse
(SP)
SAND, fine, ail ISM)
End of Boring @ IS'
Boring Location:
40' S CL District
0
410' W rL Gifford
LOG OF BORING NO. 2z
LINE__ STATION56+22
DATE DRILLED 4/24169
SU RFACE ELEVATION
i�
-
�q
E DESCRIPTION
y
1 LV' A.C., 6A/2" Bas
SAND, fine to med. (clean)
fSP)
_
SAND, fine (clean)(SP)
SAND, fine to med. (clean)
ISM
O
Sand, fine, silty.
ISM)
End of Boring @ 16'
1
.2
Boring LocationW:
220' N 6 400' of intersection
of CI, SON 6 District
10.5' 1'Z'
ee a e 6 ape
e
s n o �� 4"AL. a a
e
Cart. 9"Loot.
10' 16' 10' &5'
10" Drain IS" Sewar R 1 1
30"S+ortlt
LOG OF BORING NO. 24
LINE —STATION _S 9+4
DATE DRILLED 4/24/6
SURFACE ELEVATION
h DESCRIPTION
FILL SAND, I—
Isome large concrete
Bumm.)._.
SAND, fine, silty ISM)
5•
SAND, fine to med. (clean)
(SP)
SAND, fine, silty ISM)
End of Boring C 14'
Boring I.ocali.
30' N 6 20' E of inter.ec1 n
of fL 50th and District
NR
1
M.H.'
` TYPICAL REMOVAL CROSS SECTION
J.S.t2 NO SCALE STA. I0t00.
O.D.+(.' Pay Limit For Asphalt and Concrete
eI
SCALE+ AS Nf)TED
APPROVED:
C/TY OF VERNON
PUBLIC WORKS OEPARTMEWr
STp iZ M
ID R ,I1 N
CIVIL ENGINEER
I S I R 1 C ' 13 L� V D,
SNEET 15 Of 13
DRAWN: D. A. A.
CNECKED: G.W. B.
NO: 13432
VAT, jf-3-7-Z
L O C, S OF BORINGS
D 1 9 q
ATTACHMENT D
Page 53 of 212
PROPOSAL CERTIFICATION
The undersigned submits this Proposal in response to the Request for Proposals issued by the City to construct the
Work of the following Project in accordance with the Contract Documents:
PROJECT: Los Angeles River Closure Devices, Specification No. (XXXX)
A. Enclosed herewith and by this reference incorporated herein and made a part of this Proposal are the
following completed forms:
1. Proposal Certification
2. Schedule of Prices
3. Incumbency Certificate
4. Proposer's Statement of Qualifications
5. Proposer's Experience Form
6. Contractor's Safety Questionnaire
7. Designation of Subcontractors
8. Questionnaire Regarding Subcontractors
9. Design -Build Entity's Affidavit of Non -collusion
10. Insurance Requirements Certification
11. Living Wage Compliance Certification
12. Certificate of Equal Opportunity Practices
13. Project Workforce Utilization Form
14. Current Permanent Workforce Utilization Form
B. Acknowledgment of Addenda. The Proposer shall acknowledge the receipt of all Addenda by attaching a
signed copy of all Addenda, and by listing all Addenda received and attached in the space below.
If an Addendum or Addenda have been issued by the City and not attached and noted above as being
received by the Proposer, the Proposal may be rejected.
C. Inspection of the Work and Contract Documents. Proposer certifies that it has carefully examined and is
fully familiar with all of the provisions of the Request for Proposals Documents and said Request for
Proposals Documents contain sufficient detail regarding the Work to be performed; that it has notified City of
any errors or omissions in the Request for Proposals Documents and/or any unusual site conditions: and
that it has carefully checked all words, prices, and statements in this Request for Proposals Document.
Proposer hereby certifies that he/she and his/her Subcontractors have examined the local conditions,
Page 54 of 212
inspected the site and related Request for Proposal Documents, and fully acquainted themselves with all
conditions and matters which may in any way affect the Work, time of completion, or the costs thereof.
Proposer also certifies he/she has observed the designated Contractor Work areas and access routes, if
disclosed or shown, as part of the Work in this Contract. Proposer agrees that if it is awarded the Contract, it
will make no claim against the City based upor ignorance of local conditions or misunderstanding of any of
the provisions of the Contract. Should the conditions turr out otherwise than the Proposer anticipated, the
Proposer agrees to assume all risks incident thereto.
PRE -PROPOSAL SITE INSPECTION — CERTIFICATION:
Person(s) who inspected site of the proposed Work for your firm:
Name:
Title:
Name:
Title:
Date of Inspection
Date of Inspection
D. Proposer agrees that all costs of Work show n in the Request for Proposals Documents, including work
reasonably inferable therefrom and necessary thereto, are included in his/her Proposal. All Work shown in the
Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Proposer's
Total Base Bid Price.
E. Design -Build Entity shall be reimbursed for the actual direct cost of all Permit Fees, if any, as defined in
Paragraph 1.0' and addressed in Paragraph 1.03 of the General Conditions. Proposer shall exclude the cost of
Permit Fees from Proposer's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of
Governmental Approvals and Utility Fees. Proposer agrees that City will not be responsible for any errors or
omissions on the part of the undersigned in making this Proposal.
F. Period of Irrevocability. Proposer agrees that this Proposal shall remain open and shall not be withdrawn for
a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City,
whichever period is shorter.
G. Dispute Indemnification. In the event of a dispute based upon the Proposer's submission of this Proposal
and the City acceptance of same, the Proposer shall indemnify, defend (with counsel acceptable to City), and hold
harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and
costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with
federal, state, and local laws.
The Proposer declares that neither he/she nor any member of his/her firm or corporation is an officer or employee of
the City of Vernon.
hereby certify under penalty of perjury under the laws of the State of California that the representations made herein
are true and correct.
Executed this day of at
City State
Page 55 of 212
Proposal
Respectfully Submitted
NAME OF PROPOSER
COMPANY
NAME:
ADDRESS:
CONTACT PERSON:
TELEPHONE NUMBER:
E-MAIL:
CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER:
EXPIRATION DATE:
TAX IDENTIFICATION NO,:
SURETY COMPANY:
FAX NUMBER:
All Proposal forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of
the Proposer. By signing the Proposal, the person signing is deemed to represent that he or she has authority to bind
the Proposer. Failure to sign the Proposal may invalidate the Proposal.
Page 56 of 212
PROPOSAL - SIGNATURE(S):
Form of Entity of Proposer:
Please check the appropriate signature block below and fill in all related information.
Sole Proprietorship:
By:
Title:
Printed name of person signing
Signature
List all d/b/a's:
Partnership: ❑ General Partner ❑ Limited Partner
By:
Title:
Printed name of person signing
Signature
Corporation:
By: Corporate Officer Title:
Printed name of person signing
Signature
Joint Venture: ❑Corporation ❑Partnership
❑ Individual ❑ Other
By:
Title:
Printed name of person signing
Signature
Name of all Joint Venturers:
Corporate Seal
[If the Proposer is a corporation or a limited liability company, enter state or county of incorporation in addition to the
business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein
listing each officer with signing authority and his/her corresponding office. If the Proposer is a partnership or joint
venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and
all of the duties and obligations of the Proposer under the Proposal and under any contract arising therefrom. Attach
evidence to the Proposal Form that the individual signing has authority to do so.]
Page 57 of 212
ATTACHMENT E
SCHEDULE OF PRICES
Page 58 of 212
SCHEDULE OF PRICES
PROJECT: Los Angeles River Closure Devices
PROPOSER'S NAME:
BASE BID
Pursuant to and in compliance with your Request for Proposals and Contract Documents relating to the Project
including all Addenda (attach signed copies), Proposer, having become thoroughly familiar with the terms and
conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work
at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time
stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools,
expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in
a workmanlike manner) for the total Base Bid sum of:
Dollars ($
Item No.
Description
Quantity
Unit of Measurement
Unit Cost
Amount
1.
Design of two closure devices
1
LS
and any other design work
related as a result
2.
Obtaininq all permits required to
1
LS
construct two closure devices
complete and in place
3.
Construction
of closure devices
2
EA
BID TOTAL
WRITTEN AMOUNT
$
All other work items, labor, materials, tools and incidentals which are not specifically listed in the above bid items. but
are necessary to complete the project per specifications, and all other applicable standards and codes are
considered to be included in the above bid items.
If there is a discrepancy between (1) the "Grand Total' shown immediately above, (2) any of the "total costs" shown
in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and
the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any
cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be
divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
Proposer shall exclude the cost of Permit Fees from Proposer's Base Bid sum; Base Bid sum shall include the cost of
administration and coordination of Governmental Approvals and Utility Fees.
Respectfully submitted:
Signature
Address
Page 59 of 212
Title
License Number
kSEAL - if Bid s by a corporation)
Attest
Date
Date of Expiration
Page 60 of 212
ATTACHMENT F
INCUMBENCY CERTIFICATE
Page 61 of 212
INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are authorized to sign the
Proposal Forms:
PRESIDENT'S & OFFICERS' NAME: TITLE;
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of
(the "Company"), and that, as such, he/she is authorized to execute
this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the
duly elected, qualified and acting officers of the Company, holding or the date hereof, the titles and positions set forth
opposite their names and are authorized to sign the Proposal Forms,
IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this day of
20
Secretary's Name -Printed
Secretary's Signature
Page 62 of 212
ATTACHMENT G
PROPOSER'S STATEMENT OF QUALIFICATIONS
Page 63 of 212
PROPOSER'S STATEMENT OF QUALIFICATIONS
1. ORGANIZATION
How many years has your organization beer in business as air Engineer? As a Contractor?
2 How many years has your organization been in business under its present name?
1.2.1 Under what other names has your organization operated?
".3
44
1.5
if your organization is a corporation, answer the following:
1.3.1 Date of incorporation/organization:
1.3.2
State of incorporation/organization:
1.3.3
Corporate ID number:
1.3.4
Name of President:
1.3.5 Agent for Service of Process:
if your organizatior is a partnership, answe, the following:
1.4.1 Date of organization/formation:
1.4.2 Type of partnership (if applicable):
1.4.3 Name(s) of general partner(s):
1.4.4 List all states in which you are registved and state ID numbers for each:
If your organization is individually owned, answer the following:
1.5.1 Date of organization:
1.5.2 Name of owner:
1.6 If the form of your organization is other than those listed above, describe it and name the
principals:
Page 64 of 212
2. LICENSING
2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration
or license numbers, and category of license, if applicable.
2.2 List jurisdictions in which your organization's partnership or trade name is filed.
2.3 List any licensing suspensions and/or violations assessed against your organization within the past
five years.
3. EXPERIENCE
3.1 List the categories of Work that your organization normally performs with its own
personnel,
3.2 On the Experience Form, list the project information that establishes that Proposer meets
the essential requirements for qualification set forth .n the Mandatory Qualifications
paragraph of the Request for Proposals for this Project.
3.3 On a separate sheet, list projects to which your firm or business has been awarded a
government contract since your firm or business has been in existence (giving the name
and address of the project, the government agency, contact name and phone number, the
contract amount, and contract's starting date and ending date).
3.4 On a separate sheet, list the experience and present commitments of the key individuals
of your organization.
4. CLAIMS; LAWSUITS; CRIMINAL ACTS
For the following questions, the term "owner" does not include owners of stock in your firm if your
firm is a publicly -traded corporation.
4.1 In the past five (5) years, have, you, your firm or any of its owners; partners, officers, or
employees been a defendant in court, or participated in an arbitration or mediation, on a
matter related to:
4.1.1 The performance, non-performance, default, violation, or breach of a contract or
agreement?
❑ YES ❑ NO
Page 65 of -'I'—
4.1.2 A vehicle collision or accident involving your firm's employees?
❑ YES ❑ NO
41.3 Damage to real property arising out of your services or operations?
❑ YES ❑ NO
4.1.4 Employment -related litigation brought by an employee of your firm?
❑ YES ❑ NO
4.1.5 Payment to a subcontractor or supplier?
❑ YES ❑ NO
4.1.6 Defective, deficient, or substandard work?
❑ YES ❑ NO
if the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or
entity that sued (Le., '"the plaintiff') or was involved in the mediation or arbitration; list the
date, court, court address, and case number; describe the facts and circumstances giving
rise to the iawsuit, mediation, or arbitration; and set forth the outcome or disposition.
Attach additional sheets as necessary.
4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration
or mediation, against a government entity or a Client?
❑ YES ❑ NO
If YES, identify the government entity or client: list the date, court and case number;
describe the facts and circumstances about the claim for damages, or the lawsuit, or both;
and set forth the outcome or disposition. Attach additional sheets as necessary.
4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of
its owners, partners, officers, or employees?
❑ YES ❑ NO
If YES, identify the name of the person or entity entitled to payment; list the date court and
case number; describe the facts and circumstances giving rise to the judgment or lien;
and set forth the amount of the judgment or lien. Attach additional sheets if necessary.
4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited,
disciplined, or assessed any penalties against you, your firm, or any of its owners,
partners, officers, or employees, or (b) determined or concluded that your firm or any of its
owners, partners, officers, or employees violated any laws, rules, or regulations?
Page 66 of 212
❑ YES ❑ NO
If YES, identify the government entity; list the date, and describe the facts and
circumstances about each instance. Attach additional sheets as necessary.
4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or
employees been convicted of a crime related to the bidding of a government contract, the
awarding of a government contract, or the performance of a government contract?
("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo
contendere, or a forfeiture of bail.)
❑ YES ❑ NO
If YES, identify the government entity; list the date, court and case number; describe the
facts and circumstances about each instance; and set forth the penalty or punishment
imposed. Attach additional sheets as necessary.
4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or
employees been convicted of a crime involving embezzlement, theft, fraud, forgery,
bribery; deceptive or unlawful business practices, perjury, falsifying or destroying records
or evidence, or receiving stolen property, or making or submitting a false claim?
❑ YES ❑ NO
J YES, identify the crime or offense; list the date, court and case number; describe the
facts and circumstances about each instance; and set forth the penalty or punishment
imposed. Attach additional sheets as necessary.
4.7 Have you or, if Proposer is a corporation, any principal of the corporation ever been
convicted of a felony?
❑ YES ❑ NO
If YES, please explain the details of that conviction and, if so, whether you or said officer
have served his or her sentence.
4.8 In the past five (5) years, has a government entity determined or concluded that you, your
firm, or any of its owners, partners, officers or employees made or submitted a false claim
(including a false claim for payment), or made a material misrepresentation?
❑ YES ❑ NO
If YES, identify the government entity, and describe the facts and circumstances about
each instance. Attach additional sheets as necessary.
4.9 Have you or your company ever been charged by any governmental agency for failure to
follow safety procedures? If YES, please explain.
❑ YES ❑ NO
Page 67 of 212
4.10 Has any governmental agency ever submitted a complaint against you or your firm to the
California State Labor Commission for failure to submit certified payrolls? If your answer
is "Yes", please provide the details of such complaint.
❑ YES ❑ NO
5, FIRM'S OPERATIONAL STATUS
5. In the past sever, (7) years, has your firm, or anyone else acting on behalf of your firm,
filed for bankruptcy, insolvency, receivership, or reorganization?
❑ YES ❑ NO
If YES, list the filing date, identify the court and case number; describe the facts and
circumstances giving rise to each instance; and set forth the disposition or current status.
Attach additional sheets as necessary.
5.2. In the past five (5) years, has your firm had a consolidations, mergers, acquisitions,
closings, layoffs or staff reductions?
❑ YES ❑ NO
If YES, list the filing date, and describe the facts and circumstances about each instance.
Attach additional sheets as necessary.
5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging,
selling, or closing its business, or (b) laying off employees or reducing staff?
❑ YES ❑ NO
If YES; describe the transaction; list the anticipated date for completing the transaction,
laying off employees, or reducing staff; and describe the facts, circumstances, and reason
for taking the action. Attach additional sheets as necessary.
6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE
6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise
prevented you or your firm from bidding on, contracting, or completing a construction
project?
❑ YES ❑ NO
If YES, identify the name of the government entity, list the date, and describe the facts
and circumstances about each instance, and state the reason for the government entity's
action against your firm. Attach additional sheets as necessary.
Page 68 of 212
6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you
or your firm is a "non -responsible" Proposer or proposer?
❑ YES ❑ NO
If YES, identify the name of the government entity, list the date, describe the facts and
circumstances about each instance, and state the reason or basis for the government
entity's determining that your firm was a 'non -responsible" Proposer. Attach additional
sheets as necessary.
6.3. Have you or your firm ever failed to fulfill or perform — either partially or completely — a
contract or an agreement with a government entity or a client?
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of
another firm which failed to perform a contract or agreement?
❑ YES ❑ NO
If YES, list the date, and describe the facts and circumstances about each instance.
Attach additional sheets as necessary.
6.5. Has your firm ever advised a government entity or a client, while your firm was under
contract with the government entity or client, that your firm could not (or would not) fulfill or
perform — either partially or completely — the contract or the agreement based on the
prices that your firm had originally submitted in a Bid or a Proposal?
❑ YES ❑ NO
If YES, list the date, identify the name of the government entity or client, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.6. Has your firm ever requested a government entity or a client, while your firm was under
contract with the government entity or client; to renegotiate one or more terms of the
existing contract or agreement?
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.7. Has your firm ever requested a government entity or a client, while your firm was under
contract with the government entity or client, to: (a) cancel the contract or agreement, or
(b) release or discharge your firm form the contract or agreement?
Page 69 of ?12
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary,
6.8. Has a government entity or a client ever terminated, suspended, or non -renewed your
firm's contract or agreement before its completion?
❑ YES ❑ NO
If YES, identify the name of the government entity, list the date. and describe the facts
and circumstances about each instance. Attach additional sheets as necessary.
6,9. Has a government entity or a client ever notified or advised your firm that your firm's
performance under a contract or agreement was poor, sub -standard, deficient, or non-
compliant?
❑ YES ❑ NO
If YES, identify the name of the government entity or client, list the date, and describe the
facts and circumstances about each instance. Attach additional sheets as necessary.
6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated
damages on a contract or agreement?
❑ YES ❑ NO
if YES, identify all such contracts/projects by owner, owner's address, the date of
completion of the project, amount of liquidated damages assessed, and all other
information necessary to fully explain the assessment or payment of liquidated damages.
Attach additional sheets as necessary.
7. INSURANCE AND BONDS
7.1. In the past ten years, has an insurance company or a surety company:
7.1.1. Refused to insure your firm for liability coverage?
❑ YES ❑ NO
7.1.2. Canceled or non -renewed your firm's insurance coverage?
❑ YES ❑ NO
7.1.3. Refused to issue your firm a bond?
❑ YES ❑ NO
7.1.4. Canceled or revoked a bond obtained by your firm?
❑ YES ❑ NO
Page 70 of 212
If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance
company or surety company, list the date, and describe the facts and circumstances
about each instance. Attach addition sheets as necessary,
7.2 In the past ten (10) years, has an insurance company or surety company made any
payments on your firm's behalf as a result of a default, to satisfy any claims against a
performance bond, payment bond, or maintenance bond issued on your firm's behalf?
❑ YES ❑ N0
If YES, identify each contract completed or amount of each claim, the name and
telephone number of the claimant, the date, grounds and current status of the claim, and if
resolved, the method, nature, and amount of the resolution. Attach addition sheets as
necessary.
SURETY
8.1 If a performance and/or payment bond is required by this bid, identify the bonding
company if arrangements for the bond have been made; if not, identify the bonding
company for the Design -Build Entity's most recent project:
8.2 Name and address of agent:
All of the above statements as to experience, financial qualifications, and available plant and equipment are
submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is
guaranteed by the Proposer.
I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein
are true and correct.
Signature of Proposer.
Page 71 of 212
ATTACHMENT H
PROPOSER'S EXPERIENCE FORM
Page 72 of 212
PROPOSER'S EXPERIENCE FORM
PROJECT NAME: Los Angeles River Closure Devices SPECIFICATION NO. (insert Spec Number)
COMPANY NAME:
***Please use additional sheets if necessary
List below the project information that establishes that Proposer meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the
Request for Proposals for this Project.
CONTRACT CONTRACT CONTRACT PROJECT NAME AND CONTACT PHONE
2
3
START DATE END DATE $ AMOUNT AGENCY ADDRESS CONTACT NAME NUMBER
All of the above statements as to experience are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information
is guaranteed by the Proposer. I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and
correct.
Signature of Proposer
Print name:
State of California Contractor's License No. Contractor's License expiration date
Page '3 of 212
ATTACHMENT I
CONTRACTOR SAFETY QUESTIONNAIRE
Page 74 of 212
Company Name:
Primary Type of Work:
Person Completing Form:
Title:
Date:
CONTRACTOR SAFETY QUESTIONNAIRE
Phone Number:
SAFETY PERFORMANCE
1, List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years.
2.
3.
20
20�
20
List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years.
20__ 20 20
a. Fatalities
b. OSHA recordable incidents
c. Lost work day incidents
d. Total lost work days
e. Total hours worked
Upon request from the City, the contractor(s) shall provide copies of the following items (a-g); and Items (d-
g) for each listed Subcontractor
a). OSHA 300 logs for the most recent three years
and current year-to-date
b). Verification of ERM from your insurance carrier
c). Injury/Illness Report
d). Complete written Safety Program
4. Company Safety Contact:
a. Name
b. Phone
e). Training Plans
f), Training Certificates for Employees
g). Emergency Response Training
ERM = applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type
and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium.
Page 75 of 212
2.
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
SAFETY PROGRAM DOCUMENTATION
a. Do you have a written safety program manual?
1) Last revision date
Circle One
Yes No
b. Do you have a written safety field manual? Yes No
c, Are all workers given a booklet that contains work rules;
responsibilities, and other appropriate information? Yes No
POLICY AND MANAGEMENT SUPPORT
a. Do you have a safety policy statement from an officer of Yes No
the company?
b. Do you have a disciplinary process for enforcement Yes No
of your safety program?
c. Does management set corporate safety goals? Yes No
d. Does executive management review:
❑ Accident reports? Yes No
❑ Safety statistics? Yes No
❑ Inspection reports? Yes No
e. Do you safety pre -qualify subcontractors? Yes No
f. Do you have a written policy on accident reporting Yes No
and investigation?
g. Do you have a light -duty; return -to -work policy? Yes No
h. Is safety part of your supervisor's performance evaluation? Yes No
i. Do you have a personal protective equipment (PPE) policy? Yes No
j. Do you have a written substance abuse program? Yes No
If yes, does it include (check all applicable boxes):
❑ Pre -employment testing ❑ Return -to -duty testing
❑ Random testing ❑ Disciplinary process
❑ Reasonable cause testing ❑ Alcohol testing
❑ Post accident testing ❑ National Institute on Drug Abuse
❑ Panel Screen
k. Does each level of management have assigned safety Yes No
duties and responsibilities?
Page 76 of 212
3
4
TRAINING AND ORIENTATION
a. Do you conduct safety orientation training for each
employee? Yes No
b. Do you conduct site safety orientation for every Yes No
person new to the job site?
c. Does your safety program require safety training meetings? Yes No
for each supervisor (foreman and above)?
How often?
[]Weekly EJ Monthly ❑ Quarterly []Annually ❑ Other
d. Do you hold tool box/tailgate safety meetings
focused on your specific work operatiors/exposures? Yes No
How often?
❑ Weekly ❑ Daily ❑ Other
e. Do you require equipment operation/certification training? Yes No
ADMINISTRATION AND PROCEDURES
a. Does your written safety program address
administrative procedures? Yes No
if yes, check which apply:
Pre project/task planning
— Record keeping
Safety committees
HAZCOM
Substance abuse prevention
Return -to -work
b. Do you have project safety committees?
Emergency procedures
Audits/inspections
Accident investigations/reporting
Training documentation
Hazardous work permits
Subcontractor prequalification
Yes No
c. Do you conduct job site safety inspections? Yes No
How often?
❑ Daily ❑ Weekly ❑ Monthly ❑ Other
Do these inspections includes a routine safety
inspection of equipment (e.g., scaffold, ladders, fire
extinguishers, etc.)? Yes No
d. Do you investigate accidents? Yes No
How are they reported?
❑ Total company ❑ By superintendent
❑ By project ❑ By project manager
❑ By foreman ❑ In accordance with OSHA
e. Do you discuss safety at all preconstruction and progress meetings? Yes No
Page 77 of 212
Do you perform rigging and lifting checks prior to lifting? Yes No
❑ For personnel ❑ For equipment ❑ Heavy lifts (more than 10,000 lbs.)
WORK RULES
a. Do you periodically update work rules? Yes No
When was the last update?
What work practices are addressed by your work rules?
❑ CPR/first aid
❑ Access—entrances/stairs
❑ Barricades, signs,
❑ Respiratory protection
and signals
❑ Blasting
❑ Material handling/storage
❑ Communications
❑ Temporary heat
❑ Compressed air and gases
❑ Vehicle safety
❑ Concrete work
❑ Traffic control
❑ Confined -space entry
❑ Site visitor escorting
❑ Cranes/rigging and hoisting
❑ Public protection
❑ Electrical grounding
❑ Equipment guards and grounding
❑ Environmental controls and
❑ Monitoring equipment
Occupational health
❑ Emergency procedures
❑ Flammable material handling/storage
❑ Fire protection and prevention
❑ Site sanitation
❑ Floor and wall openings
❑ Trenching and excavating
❑ Fall protection
❑ Lockout/ragout
❑ Housekeeping
❑ Energized/pressurized equipment
❑ Ladders and scaffolds
❑ Mechanical equipment/
❑ Personal protective equipment
maintenance/pre-op checks/
❑ Tools, power and hand
operation
❑ Electrical power lines
❑ Welding and cutting (hot work)
❑ Other
OSHA INSPECTIONS
a. Have you been inspected by OSHA in the last three years? Yes No
b. Were these inspections in response to complaints? Yes No
c. Have you been cited as a result of these inspections? Yes No
If yes, describe the citations (add additional sheets if necessary):
Page 78 of 212
ATTACHMENT J
DESIGNATION OF SUBCONTRACTORS
Page 79 of 212
DESIGNATION OF SUBCONTRACTORS
NAME OF PROPOSER:
Each Proposer must list, on the form provided on the next page, each Subcontractor who will perform work or labor
or render service to the Design -Build Entity in or about the construction of the Work or improvement, or a
Subcontractor licensed in the State of California who, under subcontract to the Design -Build Entity, specially
fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the
Drawings and Specifications, in an amount in excess of one-half of one percent of the Proposer's Base Bid Amount,
Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed.
Proposer must provide the following information for EACH Subcontractor.
1. The name of the Subcontractor;
2, The trade and type of work that the Subcontractor will perform,
3. Location (address) of Subcontractor's place of business;
4. Subcontractor's license number: and any specialty licenses; and
5. Dollar value of the Work that the Subcontractor will perform.
Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Proposer's Base
Bid to which no Subcontractor was designated in the original Proposal shall only be permitted in cases of public
emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the
facts constituting the emergency or necessity.
If the Design -Build Entity violates any of the above provisions the Design -Build Entity may be in breach of this
Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the
Design -Build Entity a penalty in an amount not more than ten percent (10%) of the amount of the subcontract
involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded.
If the Design -Build Entity fails to specify a Subcontractor, or if the Design -Build Entity specifies more than one
Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one
percent of the Design -Build Entity's Base Bid Amount, then the Design -Build Entity agrees that he/she is fully
qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. If after award
of Contract. the Design -Build Entity subcontracts any such Work, the Design -Build Entity will be subject to the
statutory penalties.
DESIGNATION OF SUBCONTRACTORS FORM
IS ON THE FOLLOWING PAGE
Page 80 of 212
Please type or legibly print (attach additional sheets as necessary).
Name of Subcontractor
Email Contact
Information
Trade and Type
of Work to be
Performed
Business Location
Public Works
License Contractor
Number Registration Dollar ($) Value
Number
if a licable
Page 81 of 212
The Design -Build Entity shall not:
A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Proposal, except
that the City may consent to the substitution of another person as Subcontractor in any of the following
situations:
1. When the Subcontractor listed in the Proposal, after having had a reasonable opportunity to do so, fails
or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at
the price specified in the Subcontractor's bid; when that written contract, based upon the general terms,
conditions, Drawings and Specifications for the Project or the terms of Design -Build Entity's written
Proposal, is presented to the Subcontractor by the Design -Build Entity:
2. When the listed Subcontractor becomes insolvent or the subject of an order for relief ip bankruptcy;
3. When the listed Subcontractor fails or refuses to perform his/her subcontract;
4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Design -Build Entity
as set forth in Public Contract Code Section 4108;
5. When the Design -Build Entity demonstrates to the City that the name of the Subcontractor was listed as
the result of an inadvertent clerical error:
6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law;
When the City determines that the Work performed by the listed Subcontractor is substantially
unsatisfactory and not in substantial accordance with the Drawings and Specifications; or that the
Subcontractor is substantially delaying or disrupting the progress of the Work;
8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1
or 1777.7 of the Labor Code; or
9. When the City determines that the listed Subcontractor is not a responsible contractor.
B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other
than the original Subcontractor listed in the original Proposal, without the consent of the City.
C. Other than in the performance of "change orders" causing changes or deviations from the original Contract,
sublet or subcontract any portion of the Work in excess of one-half of one percent of the Design -Build
Entity's Base Bid Amount as to which his/her original Proposal did not designate a Subcontractor.
Prior to approval of the Design -Build Entity's request for a Subcontractor substitution, the City shall give notice in writing to
the listed Subcontractor of the Design -Build Entity's request to substitute and of the reason for the request. The notice will
be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has
been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution.
Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution. If written
objections are filed; the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a
hearing by the City on the Design -Build Entity's request for substitution,
The Design -Build Entity, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor,
shall within two (2) Working Days after the time of the Proposal Deadline, give written notice to the City and copies of such
notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the
Design -build Entity prior to the Proposal Deadline.
Page 82 of 212
ATTACHMENT K
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Page 83 of 212
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Proposer shall answer the following questions and submit with his/her Contract proposal.
Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute
your bid? Yes ❑ No ❑
2. If the answer to No, 1 is "Yes", please forward a copy of the rules of each bid depository you used with this
questionnaire.
3. Did you have any source of subcontractors' bids other than bid depositories?
4. Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to
attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes ❑ No ❑
5. If the answer to No. 4 ;s "Yes", please explain the following details:
(a)
Date:
(b)
Name of person or group:
(c)
Job involved (if applicable):
(d)
Nature of the threats:
(e)
Additional comments:
(Use additional paper if necessary)
6. Was a conscious effort made to recruit or provide equal opportLnity for bids by minority or project area
subcontractors? Yes ❑ No ❑
7. Was a conscious effort made to recruit and hire project area lower -income residents?
Yes ❑ No ❑
Please submit statement.
8. We declare under penalty of perjury that the foregoing is true and correct.
Dated this day of , 20
All of the above statements as to experience, financial qualifications, and available plant and equipment are
submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is
guaranteed by the Proposer.
Name of Company
Title:
Page 84 of 212
ATTACHMENT L
DESIGN -BUILD ENTITY'S AFFIDAVIT OF NON -COLLUSION
Page 85 of 212
DESIGN -BUILD ENTITY'S AFFIDAVIT OF NON -COLLUSION
STATE OF CALIFORNIA
COUNTY OF
That he/she is the
or other proper title) of
Build Entity") who has submitted
Angeles River Closure Devices;
being first duly sworn, deposes and says:
(Title of office if a corporation, "sole owner." "Partner,"
, (hereinafter called "Design -
to the City of Vernon a Proposal for the construction of the Los
2. That said Proposal is genuine; that the same is not sham; that all statements of fact therein are true;
3. That said Proposal is not made in the interest or behalf of any person, partnership, company,
association, organization or corporation not named or disclosed;
4. That Design -Build Entity did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive
with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise
or fix the Proposal price of Design -Build Entity or of anyone else, or to raise or fix any overhead profit,
or cost element of Design -Build Entity's price or the price of anyone else; and did not attempt to induce
action prejudicial to the interests of the City of Vernon, or of any other Proposer, or anyone else
interested in the proposed Contract;
5. That the Design -Build Entity has not in any manner sought by collusion to secure for himself an
advantage over any other Proposers or induce action prejudicial to the interests of the City of Vernon or
of any other Proposer, or anyone else interested in the proposed Contract;
6. That the Design -Build Entity has not accepted any bid from any Subcontractor or material supplier
through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Design -
Build Entity from considering any bid from any Subcontractor or material supplier, which is not
processed through said bid depository, or which prevent any Subcontractor or material supplier from
bidding to any Design -Build Entityr who does not use the facilities of or accept bids from or through
such bid depository;
That the Design -Build Entity did not, directly or indirectly, submit the Design -Build Entity's Proposal
price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto,
to any corporation, partnership, company, association, organization, bid depository, or to any member
or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any
person or persons who have partnership or other financial interest with said Design -Build Entity in
his/her business.
Page 86 of 212
I declare under penalty of perjury under the yaws of the State of California that the foregoing is true and correct.
Dated this day of at
Design -Build Entity kPlease Print)
Design -Build Entity's Signature
Title
MonthNear City State
DESIGN -BUILD ENTITY'S SIGNATURE MUST BE NOTARIZED
Page 87 of 212
mr-AT la►yjIakqI■►yil
INSURANCE REQUIRMENT CERTIFICATION
Page 88 of 212
INUSRANCE REQUIREMENT CERTIFICATION
THE PROPOSER'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE PROPOSER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS.
I, the undersigned (Please check one box) 1 underwriter 1.. agent, certify that I and the Design -Build Entity listed
below have jointly reviewed the "Insurance Requirements" in these Request for Proposals Documents and the
Contract Documents. If the City of Vernon ('City") awards the Design -Build Entity the Contract for this project, I will
be able —within fourteen (14) calendar days after the Design -Build Entity is notified of the Contract's award —to
furnish the City with valid insurance forms (including one or more insurance certificates and additional insured
endorsements) that fully meet all of the Insurance Requirements.
Name of Insurance Company
Insurance Agent's Name (Printed)
(signature)
Address
City
Date
Insurance Agent's Name
State Zip Code
Telephone Number FAX Number Email Address
Design -Build Entity's Name City Specification Number
Below State the Name of Insurance Company Providing Coverage:
DO NOT write "Will Provide," "To Be Determined." "When Required," or similar phrases.
Commercial General Liability
Workers Compensation Liability
City Will Purchase Policy, if required
Builders Risk
Automobile Liability
Pollution Liability
[NOTE TO DESIGN -BUILD ENTITY: See "Insurance Requirements" EXHIBIT 4 of the Contract for the requirement
of obtaining Pollution Liability Insurance.]
NOTE TO THE UNDERWRITER / AGENT: If the insurance forms that the Design -Build Entity submits to the City do
not fully comply with the Insurance Requirements, and/or if the Design -Build Entity fails to submit the forms within the
14-day time limit, the City may: (1) declare the Design -Build Entity's Proposal non -responsive, and (2) award the
Contract to the next highest rated Proposer.
Page 89 of 212
ATTACHMENT N
LIVING WAGE COMPLIANCE CERTIFICATION
Page 90 of 212
LIVING WAGE COMPLIANCE CERTIFICATION
This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code Chapter 2, Article
XVIII ("Ordinance"). The Ordinance requires that service contractors providing labor or services to the City by
contract in excess of $25,000:
♦ Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or eleven dollars and fifty-
five cents ($11.55) per hour without medical benefits to all employees, as defined in the Ordinance who, at any
time, provide labor or delivery services to the City of Vernon. Additionally; on July 1st of each year thereafter the
Living Wage rate shall be adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price
Index, for the Los Angeles area, for the most recently available 12 month period. Accordingly. current City
contractors will be required to adjust wage rates no later than July 1 st, to remain it compliance.
♦ Notify employees who spend any of their time providing labor or delivering services to the City of Vernon who
make less than twelve dollars ($12) per hour of their possible right to the federal Earned Income Tax Credit
(EITC) under § 32 of the Internal Revenue Code of 1954, 26 U.S.C. § 32, and making available to such
employees forms required to secure advance EITC payments.
♦ If there is a difference between the Vernon Living Wage rates and the California Prevailing wage rates for the
same classification of labor, the Contractor and subcontractor shall not pay less than the highest wage rate for
that classification.
The selected contractor will be required to show compliance with the Living Wage Ordinance by submitting payroll
records as requested by the City. Each record shall include the full name of each employee performing labor or
providing services under the contract; job classification; rate of pay and benefit rate.
Provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining agreement, but only J
the waiver is explicitly set forth in clear and unambiguous terms. If this provision applies, you must provide a copy of
the collective bargaining agreement to the City.
I do hereby certify and declare under penalty of perjury that if awarded the contract for which this bid/proposal is
made. will comply with the requirements of the Vernon Living Wage
(Name of Company)
Ordinance, Vernon Municipal Code Chapter 2 Article XVIII and the rules and regulations promulgated thereunder. I
understand that failure to comply with the provisions of the Vernon Living Wage Ordinance may result in termination
of the contract as well as other penaities as stated in Vernon Municipal Code Chapter 2 Article XVIII.
(Name)
(Title)
(Signature) (Date)
Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be directed to
the Department of Finance T Purchasing Division 323.583.8811.
Page 91 of 212
ATTACHMENT O
CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
Page 92 of 212
CERTIFICATE OF EQUAL OPPORTUNITY PRACTICES
City of Vernon
4305 Sarta I:e Ave^ue
Vernop CA 9005¢
(323) 583-8811 Fax (323) 826-1435
Internet: www.cityofvernon.org
Article I. Affidavit of Equal Opportunity Employment &
Non -segregation (Form AA-')
Article II. Vendor List Questionnaire (Forms AA-2 &3)
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following
information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury
under the .aws of the State of California and the laws of the United States that the information is true and correct.
Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that
applicants and employees are not discriminated against because of their race, religion, color, national origin,
ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments and that it does not and will not permit its employees to perform
their services at any luatlon, under its control, where segregated facilities are maintained.
Name of Company _
Business—elephcnE.
Address:
City:
Contact Person
Fax Number:
State: Zip
Tax ,J Numbe, (or Social Sec�.rity !.umber;
Remi` Address (if different)
E-mail Address
(optional)
(optional)
Please state r.learly ar i concisely the type(s) of goods and services your compary provides:
The following sectie- is OPTICNAL and s for statistical reporting p4rposes only. Ownership kplease checn all that
apply):
African -American Asian_ _ Armerian Hispani, Native Arnericar_
Disabled Female
Page 93 of 212
ATTACHMENT P
PROJECT WORKFORCE UTILIZATION FORM
Page 94 of 212
Project Workforce Utilization (Form AA-2)
This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more.
Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the
number of employees in each job classification as well as the number of new hires, if any, as a result of this contract.
Name of Company: Project:
Job Titles/Classification Estimated number of existing staff to be employed in this I Estimated number of new hires to be employed in this
classification if awarded the contract classification if awarded the contract
Are any current employees or potential
new hires Vernon residents? If so, how
many?
Page 95 of 212
ATTACHMENT Q
CURRENT PERMANENT WORKFORCE UTILIZATION FORM
Page 96 of 212
Current Permanent Workforce Utilization (Form AA-3)
OPTIONAL
Name of Company:
Project:
Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract.
Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups.
White
(not of Hispanic origin)
African -American
(not of Hispanic origin)
Hispanic
Asian/Pacific
Islander
Native
American
Armenian
Male
Female
CLASSIFICATION
Officials/
Managers
Professionals
Technicians
Office/Clerical
Skilled Craft Workers
Operators
(semi -skilled)
Laborers
Service Workers
TOTAL
Page 97 of 212
STANDARD FORM OF CONTRACT
Page 98 of 212
STANDARD FORM OF
DESIGN -BUILD AGREEMENT BETWEEN
CITY AND DESIGN -BUILD ENTITY
This Agreement is made and entered into at Vernon, California this _ day of 20 by
and between the CITY OF VERNON, a chartered municipal corporation (hereinafter "City") and , a
[Insert State of Incorporation] corporation (hereinafter "Design -Build Entity"), for construction of Los Angeles River
Closure Devices.
THE PARTIES HERETO AGREE AS FOLLOWS:
1, CONTRACT DOCUMENTS
The "Contract Documents" except for modifications issued after execution of this Agreement, shall consist of the
following documents which are either attached hereto as exhibits or are incorporated into this Agreement by this
reference, with the same force and effect as if set forth at length herein:
A. Governmental Approvals including, but not limited to, permits required for the Work
B. This Agreement
C. Exhibit A — General Conditions
D. Exhibit 1 —Performance Bond
E. Exhibit 2 — Payment Bond
F, Exhibit 3 — Maintenance Bond
G. Exhibit 4 — Insurance Requirements
H. Exhibit 5 — Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
I. Exhibit B — Living Wage Provisions
J. Exhibit C — Equal Employment Opportunity Practices Provisions
K. Request for Proposals;
L. Design -Build Entity's Proposal; and
M. Addenda Nos.
3, SCOPE OF WORK
Within the Contract Time and for the stated Contract Sum, subject to adjustments thereto, and pursuant to the
Page 99 of 212
Contract Documents, the Design -Build Entity shall perform and provide all necessary: labor; services; supervision;
materials; tools; equipment; apparatus; facilities; supplies; tools; permits, inspections, plan checks, and similar
Governmental Approvals; temporary utilities: utility connections; and transportation necessary to complete the Work
in strict conformity with the Contract Documents for:
Los Angeles River Closure Devices
4. TIME FOR PERFORMANCE
Contract Time. Design -Build Entity shall achieve Substantial Completion of the Work within 540 calendar
days from the Date of Commencement established in City's written Notice to Proceed ("Contract Time"), subject to
adjustment in accordance with the Contract Documents, Design -Build Entity shall achieve Final Completion of the
Work, within the time established by the Certificate of Substantial Completion issued by the City. The Contract Time
may only be adjusted as permitted by this Design -Build Agreement and the General Conditions.
Time is of the essence of this Agreement. Except when the Contract Documents state otherwise, time is of
the essence in the performance of the Work. Design -Build Entity acknowledges that the time limits and deadlines set
forth in the Contract Documents are reasonable for Design -Build Entity to perform and complete the Work.
Liquidated Damages. If Design -Build Entity fails to achieve Substantial Completion of the entire Work within
the Contract Time for Substantial Completion, Design -Build Entity shall pay City as liquidated damages the amount of
($ ) per day for each calendar day occurring after the expiration of the Contract
Time for Substantial Completion until Design -Build Entity achieves Substantial Completion of the entire Work, as
required by Article 3 of the General Conditions of Contract.
Design -Build Entity Initial here:
5. CONTRACT SUM
In consideration of the Design -Build Entity's full, complete, timely, and faithful performance of the Work required by
the Contract Documents, City shall pay Design -Build Entity the sum of
dollars/no cents
($ ), payable as set forth in the General Conditions ("Contract Sum"). The Contract Sum shall
include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto
rental, subsistence, and all related costs and expenses. The actual direct cost of all Permit Fees is excluded from
Page 100 of 212
the Contract Sum, however Design -Build Entity's cost of administration and coordination of all Governmental
Approvals and Utility Fees is included in the Contract Sum.
6. PERMIT FEE REIMBURSEMENT
In accordance with Paragraph 1.03 of the General Conditions, the City shall reimburse Design -Build
Entity for the documented actual direct cost of Permit Fees, without Allowable Mark-up, in addition to payment of the
Contract Sum.
IN WITNESS WHEREOF, the parties have caused this Contract to be execited the date and year first
above written.
Executed at . California.
[Design -Build Entity's Corporate
Seal]
CITY OF VERNON:
By:
Name:
-itle:
Date:
ATTEST:
By:
Name:
Title:
[Design -Build Entity]:
By:
An Authorized Signatory
Printed Name:
Title:
Date:
APPROVED AS TO FORM:
By: _
Name:
Title:
DESIGN -BUILD ENTITY'S SIGNATURE MUST BE NOTARIZED
Page 101 of 212
EXHIBIT A
GENERAL CONDITIONS
ARTICLE 1 - PRELIMINARY PROVISIONS
1.01 DEFINJIONS
The following words shall have the following meanings:
A. Allowance. A line item cost estimate established by the City to be carried in the Base Bid sum,
Contract Sum, and Schedule of Values for Payment for a particular item of Work, which cannot be
sufficiently defined so as to allow the Design -Build Entity to adequately determine fair value before
the Proposal Deadline. Allowances include estimated amounts established by the City for certain
construction elements that have not yet been fully designed or authorized for inclusion in the Work or
to permit deferred approval or selection of actual materials and equipment to a later date when
additional information is available for evaluation.
B. As-Builts. The documents prepared by Design -Build Entity showing the condition of the Work as
actually built, including, without limitation; all changes and the exact locations of all mechanical,
electrical, plumbing, HVAC or other portions of the Work that are shown diagrammatically in the
Contract Documents.
C. Base Bid. The total sum stated in the Schedule of Prices for which the Proposer offers to perform
Work described in the Contract Documents as the base Contract Work (e.g. not designated as part
of a Bid Alternate).
D. Proposal. A complete and properly executed offer by the Proposer on City -prescribed forms to
perform the Work for the prices stated in response to the Request for Proposals.
E. Bid Alternate. An item of Work described in the Contract Documents as an Alternate Bid that will
be added to or deducted from the Base Bid and the Design -Build Entity's responsibility only if the
City accepts the Bid Alternate.
Proposal Forms: The City -prescribed forms which the Proposer shall complete and use to submit
a Proposal. The Bid Forms include: (1) Proposal; (2) Schedule of Prices; (3) Incumbency
Certificate; (4) Proposer's Statement of Qualifications; (5) Proposer's Experience Form; (6)
Contractor Safety Questionnaire; (7) Designation of Subcontractors; (8) Design -Build Entity's
Affidavit of Non -Collusion; (9) Insurance Requirements Affidavit; (10) Living Wage Compliance
Certification; (11) Certificate of Equal Opportunity Practices; (12) Project Workforce Utilization
Form; (13) Current Permanent Workforce Utilization Form; and (14) forms included in the
Specification required by the type of project funding (e.g. federal, ARRA, HUD, etc.).
G. Proposer. The individual, partnership, firm, corporation, joint venture or other legal entity submitting a
bid on these Contract Documents or any part thereof.
H. Request for Proposals Documents, Request for Proposals Documents include the Proposal
Requirements and the proposed Contract Documents. The Proposal Requirements consist of: (1)
Request for Proposals; (2) Instructions to Proposers; and (3) Proposal Forms. The proposed
Contract Documents consist of: (1) the Request for Proposal Requirements; (2) the Design -Build
Agreement Between City and Design -Build Entity; (3) the Conditions of the Contract (General,
Supplementary, and Special, if applicable); (4) all Exhibits to the Contract; (5) the Drawings; (6) the
Page 102 of 21?
Specifications; (7) all Addenda issued prior to the execution of the Design -Build Agreement; (8) all
Modifications issued after the execution of the Design -Build Agreement; and (9) Governmental
Approvals, if any, including but not limited to, permits.
Change Order. A Change Order is a written document prepared by the City reflecting the
agreement between the City and Design -Build Entity for: a change in the terms or conditions of the
Agreement, if any; a specific Scope Change in the Work; the amount of the adjustment, if any, in
the Contract Sum; and the extent of the adjustment, if any, in the Contract Time,
Change Order Request (COR). A Change Order Request is a written document originated by the
Design -Build Entity, which describes an instruction issued by the City after the effective date of the
Agreement, which Design -Build Entity believes to be a scope change that may result in changes to
the Contract Sum or Contract Time or, which describes the need for or desirability of a change in
the Work proposed by Design -Build Entity.
K. City or Owner. The City of Vernon, California, acting through its City Council or other City officials
authorized to act for the City, acting in its proprietary rather than regulatory capacity in connection
with the Project.
L. Construction Change Directive. A written order prepared and signed by the City directing a change in
Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both.
M. Contract Documents, The Contract Documents are enumerated in the Design -Build Agreement
between City and Design -Build Entity and consist of: (1) the Proposal Requirements; (2) the Design -
Build Agreement; (3) the Conditions of the Contract (General, Supplementary, and Special, if
applicable); (4) all Exhibits to the Contract: (5) the Drawings, (6) the Specifications; (7) all Addenda
issued prior to the execution of the Contract; (8) all Modifications issued after the execution of the
Contract; and (9) Governmental Approvals, including, but not limited to, permits. The intent of the
Contract Documents is to include all items necessary for the proper execution and completion of
the Work by the Design -Build Entity. The Contract Documents are complementary, and what is
required by one shall be as binding as if required by all; performance by the Design -Build Entity
shall be required to the extent consistent with the Contract Documents and reasonably inferable
from them as being necessary to produce the indicated results.
K Contract, The Contract Documents form the Contract for Design and Construction. The Contract
Represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations, or agreements, either written or oral. The Contract may be amended
or modified by a Modification. The Contract Documents shall not be construed to create a
contractual relationship of any kind between any persons or entities other than the Owner and the
Design -Build Entity, There shall be no third party beneficiaries of the Contract Documents.
0. Contract Sum. The total amount of compensation stated in the Design -Build Agreement that is
payable to Design -Build Entity for the complete performance of the Work In accordance with the
Contract Documents,
P, Contract Time. The total number of days set forth in the Design and Construction Contact within
which Substantial Completion of the Work must be achieved beginning with the Date of
Commencement established in the Notice to Proceed, subject to adjustments in accordance with
the terms of the Contract Documents, The Contract Time for Design -Build Entity's performance of
the Work is measured in calendar days (not work days).
Page 103 of 212
Q. Design -Build Entity. The individual, partnership, firm, corporation, joint venture or other legal entity
with whom the Contract is made by City, or the agent or legal representative who may be appointed
to represent such individual, partnership, firm, corporation, joint venture or other legal entity in the
execution of the Contract as Design -Build Entity for design and construction of the Work.
R. Correction Period. Correction Period is synonymous with the terms of the correction guarantee
period used in the Contract Documents.
S. Date of Commencement. The date for commencement of the Work fixed by City in a Notice to
Proceed to Design -Build Entity.
T. Day. The terms "day" or "days' mean calendar days unless otherwise specifically designated in the
Contract Documents. The term "Work Day" or "Working Day" shall mean any calendar day except
Saturdays, Sundays and City -recognized legal holidays. City Holidays are as follows:
1. January 1 st - New Year's Day
2. The 3rd Monday in January — Martin Luther King, Jr, Day
3. The 3rd Monday in February — Presidents Day
4. March 31 st — Cesar Chavez Day
5. The last Monday in May — Memorial Day
6. July 4th — Independence Day
7. The first Monday in September — Labor Day
8. The second Monday in October — Columbus Day
9. November 11th — Veterans Day
10. The 4th Thursday in November — Thanksgiving Day
11. December 24th — Christmas Eve
12. December 25th — Christmas Day
13. December 31 st — New Year's Eve
Director. The Director of the Public Works Department of the City of Vernon or his/her duly appointed
representative.
V. Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing
the design, location, and dimensions of the Work, generally including plans, elevations, sections,
details, schedules, and diagrams.
W. Extra Work. New or unforeseen work will be classified as Extra Work when determined by the City
that the work is not described in, or reasonably inferable from, the Contract Documents, the work is
not covered by any Bid line item or Allowance, and the work causes Design -Build Entity to incur
additional and unforeseen costs.
X. Field Directive. See, "Work Directive.'
Y. Final Completion. Final Completion is the stage of performance of the Work when (1) all Work
required by the Contract Documents has been fully completed in compliance with the Contract
Documents and all applicable laws including, but not limited to, correction or completion of all
punch list items noted by City upon Substantial Completion; (2) Design -Build Entity has delivered
to City an Application for Final Payment and all closeout documentation required by the Contract
Documents; and (3) documentation of all final Governmental Approvals has been submitted to City
including, but not limited to a final Certificate of Occupancy or equivalent Building Department sign -
off has been issued covering the entire Project site without exception or conditions.
Page 104 of 212
Force Majeure. "Force Majeure" includes but is not limited to declared or undeclared war; sabotage,
insurrection, riot, or other acts of civil disobedience, labor disputes, fires, explosions, floods,
earthquakes or other acts of God.
AA. Fragnet. The sequence of new activities that are proposed to be added to an existing schedule.
BB. Governmental Approval. Any approval, authorization, inspection, certification, consent, exemption,
filing, permit, registration, plan check, ruling or similar authorization required by any federal, state or
local law, regulation or procedures in order for Design -Build Entity to perform the Work.
CC. Guarantee. Assurance to City by Design -Build Entity or product manufacturer or other specified
party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default
by the warrantor.
DD. Modification. A Modification is: (1) a written amendment to Contract signed by both parties; (2) a
Change Order- or (3) a Construction Change Directive.
EE. Notice to Proceed. The Notice to Proceed is a document issued by the City fixing the date for
Commencement for the Work.
FF. Parties. The City and Design -Build Entity may be referred to in the Contract Documents from time
to time as the Parties.
GG, Permit Fees. The actual direct costs paid by Design -Build Entity for Governmental Approvals and
Utility Fees
HH. Permit Fees Reimbursement. A payment made to the Design -Build Entity by the City in addition to
the Contract Sum to compensate Design -Build Entity for the actual direct cost of a!' Permit Fees.
Project, The Project is the total construction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by the City or by
separate contractors.
JJ. Project Manual/Contract Package. The volumes of Contract Documents and reference documents
assembled for the Work made available to Proposers.
KK. Record Documents. The Drawings, Specifications, addenda, requests for information, bulletins,
Change Orders and other modifications to the Contract Documents, approved shop drawings,
product data, samples, mock-ups, permits, inspection reports, test results, daily logs, schedules,
subcontracts, and purchase orders. Records Documents shall include a set of "As -Built" Drawings
and Specifications, which shall be continuously updated during the prosecution of the Work,
ILL. Site. The physical area designated in the Contract Documents for Design -Build Entity's
performance of the Work.
MM. Specifications. The Specifications are the volume(s) assembled for the Work that includes, without
limitation, the Request for Proposals Documents, the Design -Build Agreement and Exhibits, the
General Conditions, Supplementary and/or Special Conditions, if any, the "GREENBOOK"
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2018 Edition), the
Standard Plans for Public Works Construction (2012 Edition), State of California, Department of
Transportation Standard Plans and Standard Specifications (2018 Edition), and the City of Vernon
Standard Plans.
Page 105 of ^'12
NN. Specifications. The Specifications are that portion of the Contract Documents consisting of the
written requirements for materials, equipment, systems, standards, and workmanship for the Work
and performance of related services, including, but not limited to, the Project Technical
Specifications, Standard Specifications, if any, and any applicable Trade Association
Specifications.
00, Substantial Completion, Substantial Completion is defined to mean the stage in the progress of the
Work when the Work is sufficiently complete in accordance with the Contract Documents as
determined by the City so that the City can occupy and utilize the Work for its intended use and as
further defined in the Contract Documents.
PP. Unilateral Change Order. See "Work Directive."
QQ. Utility Fees. The fees charged by any public, private, cooperative, municipal and/or government line,
facility or system used for the carriage, transmission and/or distribution of cable television, electric
power, telephone, water, gas, oil, petroleum, steam, chemicals, sewage, storm water or similar
commodity including, but not limited to fees for temporary utilities and refuse hauling.
RR. Warranty. Assurance to City by engineer, contractor, installer, supplier, manufacturer or other party
responsible as warrantor, for the quantity, quality, performance and other representations of a
product, system service of the Work.
SS. Work. The term "Work" means the construction and other services required by, and reasonably
inferable from the Contract Documents, whether completed or partially completed, and includes all
other labor, materials, equipment, and services provided or to be provided by the Design -Build
Entity to fulfill the Design -Build Entity's obligations. The Work may constitute the whole or a part of
the Project.
TT. Work Directive. A Work Directive is a unilateral written order issued by the City directing Design -
Build Entity to continue performance of the Work or to perform a disputed change in the Work prior
to agreement or adjustment, if any, in the Contract Sum, Contract Time, or both.
1.02 REPRESENTATIVES
A. The Director shall be the representative of the City and, except as otherwise expressly provided
herein, shall make all decisions and interpretations to be made by the City under the provisions of the
Contract Documents.
B. The Design -Build Entity shall at all times be represented on the Work in person or by a duly
designated agent. Instructions and information given by the Director to the Design -Build Entity's
agent on the Work shall be considered as having been given to the Design -Build Entity.
1.03 PERMITS _INSPECTIONS, PLAN CHECKS: AND SIMILAR GOVERNMENTAL APPROVALS AND
UTILITIES
A. Except as otherwise provided in the Request for Proposals, the Design -Build Entity shall apply for,
obtain, and pay for all permits including, but not limited to, building or structure permits, plumbing
system permits, mechanical system permits, electrical system permits, structural system permits,
demolition permits, excavation permits, street use permits, driveway permits, sidewalk, curb, sewer,
gutter, crosswalk, paving or other street work grading permits, street/utility use permits, OSHA
permits, fire sprinkler permits, fence permits, blasting permits, landscaping/irrigation permits, and
permits to demolish, remove, or make major alterations to any designated historic resource;
Page 106 of 212
inspections: and plan checks obtained after the Date of Commencement of the Work. The Request
for Proposals contains a list of permits and other Governmental Approvals and Utility Fees obtained
and paid for by the City prior to the Date of Commencement; Design -Build Entity is responsible for
obtaining all Governmental Approvals and Utility Fees not listed in the Request for Proposals.
B. The City will reimburse Design -Build Entity monthly for the documented actual direct cost paid to
governmental agencies or utilities for all Permit Fees according to the payment provisions of the
Contract Documents after submission to the City of the Design -Build Entity's and/or Subcontractors'
original receipts from the governmental entities or utilities ('Permit Fee Reimbursement"). Design -
Build Entity shall deliver the original receipt to the City's Project Manager with each permit. All Permit
Fees shall be separately itemized in each Application for Payment and copies of the receipt(s) and
permit(s) must be attached. The Base Bid sum / Contract Sum shall include the cost of
administration and coordination for all Governmental Approvals and Utility Fees.
C. All documents evidencing Design -Build Entity's satisfaction with all Governmental Approvals and
Utility Fees must be submitted to the City prior to submission of the Application for Final Payment.
D. Where requirements of the Governmental Approvals differ from those of the Drawings and
Specifications, the more stringent requirements shall apply.
E. Unless otherwise specified in the Contract Documents, Design -Build Entity shall be responsible for
payments of all Utility Fees from the Date of Commencement until City's Final Acceptance of the
Work.
1.04 LICENSES
The Design -Build Entity shall apply for, obtain, and pay for all licenses required by governing authorities for the
Work. Design -Build Entity shall apply and pay for a City of Vernon business license.
1.05 ALLOWANCES
A. Design -Build Entity shall include in the Contract Sum and Schedule of Values for Payment, the City's
estimated cost established for each Work item covered by an Allowance stated in the Contract
Documents. See Paragraph 1.01 for definition of Allowance.
The line item cost estimate established by the City for Work covered by an Allowance includes the
cost to Design -Build Entity of: all materials and equipment, preparation of submittals; labor;
transportation; delivery; handling; installation; supervision; overhead; profit; licenses; bonds;
insurance; all sales, use and other taxes legally chargeable; and all other costs and expenses
incidental to such Work.
C. Work items covered by Allowances shall be supplied with such materials and equipment and for such
prices approved in advance by City. Design -Build Entity shall notify and request City's approval of
material equipment, and pricing information for Work covered by an Allowance before ordering the
material or equipment and in sufficient time to avoid delay to the Work. City shall provide approval of
materials, equipment, and prices with reasonable promptness. The material, equipment, and pricing
information submitted by the Design -Build Entity to the City's Project Manager shall, at a minimum,
include product data and detailed costs of material, equipment, and labor to complete such Work,
itemized by costs incurred by Design -Build Entity and each subcontractor associated with the
performance of such Work. Design -Build Entity shall not order materials or equipment or proceed
with Work covered by an Allowance until the material, equipment, and pricing information for such
Work items have been submitted to the City's Project Representative for review and the Design -Build
Page 107 of 212
Entity has received City's approval to proceed with a Work item covered by an Allowance.
D. All expenditures for Allowance Work shall be separately itemized in each Application for Payment.
E. To the extent that the cost of Work items covered by an Allowance is less than the Allowance cost
estimate established by the City, the Contact Sum shall be reduced by Change Order or Construction
Change Directive to reflect the actual cost of the Allowance item. Similarly, to the extent the cost of
Work items covered by an Allowance is greater than the Allowance cost estimate, the Contract Sum
shall be increased by Change Order or Construction Change Directive to reflect the actual cost of the
Allowance item. If Work items covered by an Allowance are not performed or the City deletes such
items from the Scope of Work, the Contract Sum shall be reduced by Change Order or Construction
Change Directive to deduct the Cost of the unused Allowance item.
'.06 WAIVER
A waiver by City of any breach of any term, covenant, or condition contained in the Contract Documents shall
not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained therein, whether of the same or a different character. The delay or failure of either party at any time
to require performance or compliance by the other of any of its obligations or agreements shall in no way be
deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this
Agreement shall be effective unless in writing and signed by a duly authorized representative of the party
against whom enforcement of a waiver is sought.
1.07 DATA TO BE FURNISHED BY THE DESIGN -BUILD ENTITY
The Design -Build Entity shall furnish the Director with such information as the Director may desire respecting
the character of the materials and the progress and manner of the Work, including all information necessary to
determine the Design -Build Entity's costs, such as the number of persons employed, their pay, the time during
which they worked on the various classes of construction, and other pertinent data.
1.08 CONTRACT DRAWINGS
The City will accept no responsibility for errors resulting from misinterpretation or scaling of the Drawings.
1.09 SPECIFICATIONS AND DRAWINGS
A. The Design -Build Entity shall keep on the Work Site a copy of all Specifications, Drawings, and
Change Orders pertaining to the Work and shall at all times give the Director access thereto.
Anything mentioned in the Specifications and not shown on the Drawings or shown on the
Drawings and not mentioned in the Specifications shall be of like effect as though shown
or mentioned in both.
B. In general, the Drawings will show dimensions, positions, and kind of construction; and the
Specifications will define materials, quality, and standards. Any Work not particularly detailed,
marked or specified, shal! be the same as similar parts that are detailed, marked or specified.
C. The Drawings shall not be scaled to determine dimensions, and in a" cases shall be calculated from
figures shown on the Drawings. Any discrepancies between scale and figured dimensions, not
marked "not to scale,' must be brought to the Directors attention before proceeding with the Work
affected by the discrepancy.
Page 108 of 212
D. Omissions from the Drawings and/or Specifications shall not relieve the Design -Build Entity from the
responsibility of furnishing, making, or installing all items required by law or code, or usually
furnished, made or installed in a project of the scope and general character indicated by the Drawings
and Specifications.
E. For convenience, the Drawings and Specifications may be arranged in various trade subparagraphs,
but such segregation shall not be considered as limiting the Work of any subcontract or trade. The
Design -Build Entity shall be solely responsible for all subcontract arrangements of the Work
regardless of the location or provision in the Drawings and Specifications,
F. The City will furnish free of charge to the Design -Build Entity, a maximum of six (6) sets of Contract
Drawings and Specifications, The Design -Build Entity shall pay for the costs of any additional sets or
portions thereof. The Design -Build Entity shall be responsible to see that all sets are the same as the
up-to-date approved set.
1.10 PRECEDENCE OF CONTRACT DOCUMENTS
A, In the event of conflict between any of the Contract Documents, the provisions placing a more
stringent requirement on the Design -Build Entity shall prevail. The Design -Build Entity shall
provide the better quality or greater quantity of Work and/or materials unless otherwise directed by
City in writing. In the event none of the Contract Documents place a more stringent requirement or
greater burden on the Design -Build Entity, the controlling provision shall be that which is found
in the document with higher precedence in accordance with the following order of precedence:
1, Governmental Approvals including, but not limited to, permits required for the Work
2. Modifications issued after execution of the Contract (including modifications to Drawings
and Specifications)
3, The Contract, including all exhibits, attachments, appendices and Addenda, with later
Addenda having precedence over earlier Addenda
4. Special Conditions, if any
5. General Conditions
6. Specifications
7. Drawings
8. Proposal Requirements
B. With reference to the Drawings, the order of precedence is as follows:
1. Change Order Drawings
2. Addenda Drawings
3. Contract Drawings
4. Project Drawings
Page 109 of 21-2
5. Standard Drawings
6. Detail Drawings
7. General Drawings
8. Figures
9. Scaleu uimensions
C. Within the Specifications, the order of precedence is as fohows:
Change Orders
Spec'al Conditions
3. Project Technical Specifications
Standard Specifications, if any
5. Applicable Trade Association Specificat;Jrs
1.11 NOTICE OF CONFLICTS
If the Design -Build Entity, i- the course of the Work, becomes aware of any claimed conflicts, errors or
omissions !r, the Contract Documents or in the City's fieldwork or work of City's separate contractors, the
Design -Build Entity shall immediately notify the Director in writing. The Director shau promptly review the
matter, and if the Director finds a conflict, error or omission, the Director sha!: determine the corrective
actions and advise the Design -Build Entity accordingly. If the correction associated with a conflict, error or
omission increases or decreases the amount of Work called for in the Contract, the City shali issue an
appropriate Change Order in accordance with the Contract Documents. After discovery of an error or
omission by the Design -Build Entity, any related additional work performed by the Design -Build Entity shall
be done at the Design -Build Entity's risk unless authorized by the Director.
1.12 REPOR—S
A. Daily Construction Reports: The Design -Build Entity shall prepare a daily construction report
•ecording the following information concerning events at Project site:
1 List of Subcontractors at Project site.
2. List of other contractors at Project site.
3. Approximate count of personnel at project site.
4. Equipment at Project site.
5. Material deliveries.
6. High and low temperatures and general weather conditions, including presence of rain or
snow.
7. Acciderts.
8. Meetings and significant decisio-s.
9. Jnusual events.
10. Stoppages, delays, shortages, and losses.
11. Meter readings and similar recordings.
12. Emergency procedures.
13. Orders and requests of authorities having jurisdiction.
14. Change Orders received and implemented.
Page 110 of 212
15. Construction Change Directives received and implemented.
16. Services connected and disconnected.
17. Equipment or system tests and startups.
18. Partial completions and occupancies.
19. Substantial Completions authorized.
20. List of visitors to Project Site.
21. List of personnel at Project Site including names and job classifications.
22. Description of Work for the day including locations, quantities and related bid items.
Immediately upon discovery of a difference between field conditions and the Contract Documents, Design -Build
Entity sha" prepare and submit a detailed report through a Request for Information (RFI). Include a detailed
descriptior of the differing conditions, together with recommendations for a remedy.
The Daily Construction Report must be: signed by Design -Build Entity's Superintendent, submitted within 24
hours (next Working Day) to the Director, and shall be made available to others as directed by City.
1.13 LINES, GRADES, AND MEASUREMENTS
A. All lines and grades will be established by the Design -Build Entity. The Design -Build Entity shall
carefully preserve all survey stakes and reference points as far as possible, Should any stakes or
points be removed or destroyed unnecessarily by any act of the Design -Build Entity or his/her
employees, they must be reset to the satisfaction of the Director, at the Design -Build Entity's
expense.
B. The Design -Build Entity shall inform the Director 48 hours (two Work Days) in advance of the times
and places at which he/she intends to Work in order that inspection may be provided, and that
necessary measurements for records and payments may be made with minimum inconvenience.
C. No direct payment will be made for the cost to the Design -Build Entity of any of the Work or delay
occasioned by giving lines and grades; by making other necessary measurements, or by inspection.
i�i[lI7[eP.�r�]��G11
A. The site for the installation of equipment or the right of way for the Work to be constructed under this
Contract will be provided by the City.
The City will provide the appropriate rights of way and property for pipelines and structures. Upon
approval by the Director, the Design -Build Entity may, without cost, use portions of any of the City's
rights of way or property which may be suitable for working space and for storage of equipment
and materials. The Design -Build Entity will be held responsible for any damage to structures,
streets, and roads, trees and landscaping, and for any damage that may result from his/her use of
City property.
C. In case areas additional to those available on the City's rights of way or property are required by the
Design -Build Entity for his/her operations, he/she shall make arrangements with the property owners
for the use of such additional areas at his/her own expense.
1.15 DESIGN -BUILD ENTITY'S OPERATIONS/STORAGE YARD
In the event the Design -Build Entity's requires space for the storage and/or staging of construction materials,
supplies, equipment, stockpiling of debris, or any other needs required for construction operations, he/she shall
acquire at his/her own expense such areas as he/she may desire. For properties within the City of Vernon, the
Page 111 of 212
staging area must be enclosed at Design -Build Entity's expense with construction fencing covered with a mesh
screen to limit visibility to the site. Private property used for storage of construction material or debris shall be
restored to a legal condition with regard to appearance and maintenance upon conclusion of the project.
Property should be graded and free of weeds and debris when project is completed.
[END OF ARTICLE]
Page 112 of 212
ARTICLE 2 - PERFORMANCE OF THE WORK
2,01 PERFORMANCE OF WORK — GENERAL
Design -Build Entity shall, at its own cost and expense, employ all personnel required to perform the Work
and shall furnish all necessary materials, labor, transportation, and equipment for doing and performing said
Work and the materials used shall comply with the requirements of the Contract Documents. All Work shall
be performed and completed as required in the Contract Documents, and subject to the approval of the
Director, or his/her designated assistant.
Design -Build Entity agrees to work closely with City staff in the performance of Work and shall be available
to City's staff, consultants, and other staff at all reasonable times.
2.02 NO ASSIGNMENT OR DELEGATION
Design -Build Entity shall not assign or delegate the duties or obligations under this Contract or his/her interest
therein in whole or in part without the prior written consent of the City which may be withheld at the City's sole
discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material
breach by the Contractor of its obligations under this Contract. No assignment shall release the original parties
from their obligations or otherwise constitute a novation.
2.03 STANDARD OF PERFORMANCE
Design -Build Entity agrees that all services performed hereunder shall be provided in a manner
commensurate with the highest professional standards and shall be performed by qualified and experienced
personnel; that any Work performed by Design -Build Entity under the Contract will be performed in the best
manner; that any material furnished shall be subject to the approval of the Director; and that both Work and
materials will meet fully the requirements of the Contract Documents. Any work deemed unacceptable by the
Director, whether a cause is determined or not shall be repaired or replaced by Design -Build Entity at Design -
Build Entity's expense.
The Design -Build Entity shall be responsible for the final product and shall make any quality control,
adjustments and corrections necessary to obtain the final product accepted by the Director. The Design -
Build Entity shall perform process and quality control sampling and testing and exercise management
control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting,
recycling, spreading, compaction, and finishing processes conform to these Specifications. The proficiency
of testing laboratories and sampling and testing personnel shall be reviewed and approved by the Director
prior to providing services to the project. The Director shall have unrestricted access to the laboratory,
sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality
Control testing results shall be submitted to the Director on a da;ly basis.
2.04 DEFECTIVE WORK
Within the time periods that the City specifies, the Design -Build Entity shall correct all deficient, improperly
executed, or unsatisfactory Work determined by the City.
The Design -Build Entity shall remove and shall repair or replace, at his/her own expense any part of the Work
that is deficient, improperly executed, or unsatisfactorily executed, even though it has been included in the
monthly estimates. If he/she refuses or neglects to remove; repair, or replace such defective Work, prior to the
City's acceptance of the Work, it may be replaced by the City at the expense of the Design -Build Entity, plus
15% for overhead expenses, and his/her sureties shall be liable therefor. (See Paragraph 2.15 for curing
Page 113 of 212
defects after acceptance of the Work.)
2.05 CITY'S RIGHT TO CARRY OUT THE WORK
A. Notwithstanding other remedies available to the City, if the Design -Build Entity defaults, fails to
perform Work required by the Contract Documents, or otherwise neglects to carry out the Work in
accordance with the Contract Documents and fails within a 48 hour period after receipt of writter
notice from the City to commence and correct such default, failure to perform, or neglect with
diligence and promptness, the City, at its sole discretion and without obligation, may, with its own or
outside forces, perform the Work Design -Build Entity has failed to perform and/or replace or correct
deficiencies in the Work. In such case, a Change Order or Construction Change Directive sham be
issued deducting from payments then or thereafter due to the Design -Build Entity the cost of
completion, replacement or correction of such deficiencies, including compensation for additional
services by the City's project management staff, the Architect, and their respective consultants made
necessary by such default, failure to perform, or neglect; plus 15% for City's overhead expenses. If
payments then or thereafter due the Design -Build Entity are not sufficient to cover such amounts, the
Design -Build Entity shall pay the difference to the City immediately. This remedy is cumulative.
The City also has the right, but not the obligation, to self -perform or have outside forces perform
portions of the Work previously assigned to Design -Build Entity. In such case a Change Order or
Construction Change Directive shall be issued, reducing the Contract Sum by the Unit Price(s)
applicable to such deleted Work or, in the absence of Unit Prices, an amount that reflects the
reasonable cost of performing such deleted Work and the Allowable Mark -Up applicable to such
deleted Work.
2.06 COMMUNICATIONS AND NOTICES REGARDING THE WORK
A. Notices under the Contract Documents shall be in writing and (a) delivered personally, (b) sent by
certified mail, return receipt requested, (c) sent by a recognized overnight mail or courier service,
with delivery receipt requested, or (d) sent by facsimile communication followed by a hard copy and
with receipt confirmed by telephone, to the following addresses (or to such other address as may
from time to time be specified in writing by such Person):
All correspondence with Design -Build Entity shall be sent to the following address:
Attention:
Phone:
Facsimile:
All communications shall be copied to City and shall be delivered to City's Director at the address
set forth below, with copies to such additional persons as may be directed by City's Director.
City of Vernon
Public Works Department
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel Wall
Page 114 of 212
Phone: 323-583-8811, Ext. 305
Facsimile: 323-826-1435
E-mail: dwalKDci.vernon.ca.us
B. Notices shall be deemed received when actually received in the office of the addressee (or by the
addressee if personally delivered) or when delivery is refused, as shown on the receipt of the U. S.
Postal Service, private carrier or other Person making the delivery. Notwithstanding the foregoing,
notices sent by facsimile after 4:00 p.m. Pacific Standard or Daylight Time (as applicable) and all
other notices received after 5:00 p.m. shall be deemed received on the first business day following
delivery (that is, in order for a fax to be deemed received on the same day, at least the first page of
the fax must have been received before 4:00 p.m.). Any technical or other communications
pertaining to the Work shall be conducted by Design -Build Entity's Project Manager and technical
representatives designated by City. Design -Build Entity's representatives shall be available at all
reasonable times for consultation, and shall be authorized to act on behalf of Design -Build Entity in
matters concerning the Work.
C. Design -Build Entity shall copy City on all written correspondence pertaining to the Contract
between Design -Build Entity and any Person other than Design -Build Entity's Subcontractors,
consultants and attorneys.
D. Notification of Affected Residents/Businesses — The Design -Build Entity shall be responsible for
distribution of the general information letter of the project to all affected residents and businesses. A
project general information letter and sufficient copies thereof will be prepared by City staff for
Design -Build Entity's distribution to all residents, business establishments, and institutions fronting
on or directly affected by the project.
The Design -Build Entity shall be responsible for distribution of said letter in handout form to all the
appropriate residences and buildings in the subject area. Distribution shall be accomplished in a
manner acceptable to the Director and shall be five (5) working days prior to the beginning of
construction operations in the immediate vicinity. In addition to the above, the Design -Build Entity
shall be fully responsible for such other notifications as may be required related to necessary
closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions, These
notifications shall apply where the closures and access or parking restrictions required in the
performance of any work under this contract preclude any resident, tenant, or property owner from
utilizing the premises or conducting business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and
distributed by the Design -Build Entity for roadway and driveway closures five (5) working days in
advance of any construction work. No removal or excavation work is allowed until the additional
notification has been distributed to the affected residents and businesses.
If a Design -Build Entity is unable to adhere to his schedule as indicated on his written notification,
then all the affected residents and places of business shall be re -notified of the revised schedule, in
writing, as indicated above.
Design -Build Entity's costs for all of the above notifications shall be considered as included in the
appropriate items of the Bid Proposal.
E, Notification of Utilities - The provisions of Section 5 entitled "Utilities" of the "Greenbook" Standard
Specifications shall apply. The Design -Build Entity shall contact the Underground Service Alert of
Southern California (U.S.A.) at least two working days in advance of the construction work
Page 115 of 212
2.07 INDEPENDENT CONTRACTOR
The Design -Build Entity in the performance of the Work hereunder will be acting in an independent capacity
and not as an agent, employee; partner, or joint venture of the City.
2.08 EMERGENCY WORK
A. During Working Hours:
In case of an emergency which threatens loss or injury of property, and/or safety of life during working
hours, the Design -Build Entity shall act, without previous instructions from the City, as the situation
may warrant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Design -Build Entity, together with substantiating
documents in regard to expense, shall be submitted to the Director within 15 calendar days after the
emergency. Compensation, if allowed, will be paid for as Extra Work.
B. Outside of Working Hours:
Whenever, in the opinion of the City, there shall arise outside of the regular Working hours on the
Contract Work of an emergency nature which threatens loss or injury of property, or danger to public
safety. the Design -Build Entity shall act, without previous instructions from the City as the situation
may warrant. He/she shall notify the Director of the emergency and the action taken immediately
thereafter. Any compensation claimed by the Design -Build Entity, together with substantiating
documents in regard to expense, shall be submitted to the Director within 15 calendar days after the
emergency. Compensation, if allowed, will be paid for as Extra Work. In the event the Design -Build
Entity is not able to respond to an emergency outside of regular working hours, the City's
forces will handle such emergency Work. If such emergency arises out of or is the result of
operations by the Design -Build Entity, the cost of the corrective measures will be billed to the Design -
Build Entity and deducted from his/her payment as provided in the Contract Documents. The
performance of emergency Work by City forces will not relieve the Design -Build Entity of any of
his/her responsibilities, obligations, or liabilities under the Contract.
2.09 SUBCONTRACTORS
A. Each subcontract shall contain a reference to the Contract between the City and the principal Design -
Build Entity, and the terms of the Contract and all parts thereof shall be made part of each
subcontract insofar as applicable to the Work covered thereby. If, in the Director's opinion, the
Subcontractor fails to comply with the requirements of the principal Contract insofar as the same may
be applicable to the Subcontractor's Work, the Director may disqualify the Subcontractor.
B. Nothing contained in these Contract Documents shall be construed as creating any contractual
relationship between any Subcontractor and the City.
C. The Design -Build Entity shall be considered the employer of the Subcontractors and shall be fully
responsible to the City for the acts and omissions of Subcontractors and of persons employed by
them as the Design -Build Entity is for the acts and omissions of persons directly employed by
him/her.
D. The Design -Build Entity shall be responsible for the coordination of the designers, trades,
Subcontractors, and material suppliers engaged upon the Work. It shall be the Design -Build Entity's
duty to see that all of his/her Subcontractors commence their Work at the proper time and carry it on
with due diligence so that they do not delay or injure either the Work or materials; and that all damage
Page L16 of 212
caused by them or their workers is made good at his/her expense.
E. The City will not undertake to settle differences between the Design -Build Entity and his/her
Subcontractors or between subcontractors.
The Design -Build Entity shall utilize the services of specialty Subcontractors, without additional
expense to the City, on those parts of the Work which are specified to be performed by specialty
contractors.
2.10 USE OF FACILITIES PRIOR TO COMPLETION OF CONTRACT
A. Whenever in the opinion of the Director any Work under the Contract, or any portion(s) thereof, is in a
condition suitable for use by the City, the City may, after written notice and designation from the
Director to the Design -Build Entity, use (which includes, but is not limited to, taking over or placing
into service) any portion(s) designated by the Director,
The use of any portion(s) by the City shall not be construed as, and will not constitute acceptance in
any sense, of any portion(s) of the Work of the Design -Build Entity nor will such use trigger the
running of any warranty and/or guarantee periods.
C. All necessary repairs, renewals, changes, or modifications in the Work or any portion thereof so used,
not due to ordinary wear and tear, but due to defective materials or workmanship, the operations of
the Design -Build Entity, or any other cause, shall be made at the expense of the Design -Build Entity.
D. The use of any portion(s) by the City shall not relieve the Design -Build Entity of any of his/her
responsibilities or liabilities under the Contract nor constitute a waiver by the City of any of the
conditions thereof. Said use shall not cancel liquidated damages as of the first date of use, or
any continuance thereof, nor impair, reduce, or change the amount of liquidated damages.
2.11 COOPERATION WITH OTHER WORK FORCES
A. The City reserves the right to perform other Work at or near the site at any time by the use of its own
forces or other contractors.
B, Other contractors, other utilities and public agencies or their contractors, other City contractors, and
City personnel may be working in the vicinity during the project construction period. There may be
some interference between these activities and the Work under the Contract Documents. The
Design -Build Entity shall cooperate and coordinate his/her Work with that of other Work forces to
assure timely Contract completion.
2.12 AGREEMENTS WITH PROPERTY OWNERS
Agreements with property owners for storing excavated material, storing any other materials, or for any
other purpose related to the Work shall be made in writing and a copy submitted to the Director for his/her
information, All storage charges shall be at the Design -Build Entity's sole expense,
2.13 PROTECTION OF PROPERTY
All public and private property, pavement or improvement, shall be safely guarded from damage or loss in
connection with this Contract by the Design -Build Entity at all times. Should any facility, structure, or property
be damaged during operations of the Design -Build Entity, he/she shall immediately notify the property owners
or authorities. All damages and losses incurred shall be paid by the Design -Build Entity.
Page 117 of 212
2.14 DESIGN -BUILD ENTITY'S RESPONSIBILITIES FOR LOSSES OR LIABILITIES
A. Risk of Loss
Except as otherwise provided in the Contract Documents and except as to the cost of repair or
restoration of damage to the Work caused by force majeure, the Design -Build Entity shall bear all
losses resulting to him/her on account of the amount or character of the Work, or from any
unforeseen obstructions or difficulties which may be encountered, or from any encumbrances on the
line of the Work, or because the nature of the ground in or on which the Work is done is different from
what is assumed. The Design -Build Entity shall bear the risk for any City equipment, material, or
supplies with which he/she has been entrusted.
B. Materials and Facilities
The Design -Build Entity shall be responsible for materials and facilities as hereinafter provided and in
the event of his/her failure to carry out said responsibilities, the same may be carried out by the City at
the expense of the Design -Build Entity;
The Design -Build Entity shall be responsible for any materials so furnished and for the
care of all Work until its completion and final acceptance, and he/she shall at his/her own
expense replace damaged or lost materials and repair damaged parts of the Work.
2. The Design -Build Entity shall protect City facilities from damage resulting from his/her Work.
City facilities damaged by, or as a result of, the Design -Build Entity's Work under this
Contract shall be repaired or replaced, as directed by the Director, at the Design -Build
Entity's expense.
3. The Design -Build Entity shall remove from the vicinity of the completed Work all buildings,
rubbish, unused material, concrete forms, and other materials belonging or used under
his/her direction during construction. If Design -Build Entity fails to completely remove such
items within a reasonable time the City may do so at the Design -Build Entity's expense.
C. Laws and Regulations
The Design -Build Entity shall obey all laws, ordinances, and regulations in any manner
affecting those engaged or employed on the Work, or the materials used in the Work, or in any
way affecting the conduct of the Work, and of all court orders and decrees having any
jurisdiction or authority over the same. If any discrepancy or inconsistency should be
discovered in this Contract; or in the Drawings or Specifications herein referred to, in relation
to any such law, ordinance, regulation, order, or decree, he/she shall immediately report the
same in writing to the Director.
2. Design -Build Entity shall, at all times, cause all his/her agents and employees to observe and
comply with all such applicable laws, ordinances, regulations, orders, and decrees in effect or
which may become effective before Final Completion of this Contract.
3. Nothing in the Contract Documents shall be construed to permit Work not conforming to such
laws, ordinances, and regulations. If the Design -Build Entity ascertains at any time that any
requirement of this Contract is at variance with such applicable law requirement, he/she shall
immediately notify the Director.
Page 118 of 212
4. If such applicable law requirement was not in effect on the date of submission of bids, any
necessary adjustment of the Contract price shall be made as provided in Article 6 herein. If such
applicable law requirement was in effect on said date of bid submission, no adjustment of
Contract price will be considered.
5. The Design -Build Entity at his/her own expense, shall pay all taxes properly assessed against
his/her equipment, materials, or property used or required in connection with the Work.
2.15 WARRANTY AND CORRECTIONS
A. Warranty
1. Warranty. The Design -Build Entity warrants to the City that: (i) materials and equipment
furnished under the Contract will be of good quality and new unless otherwise required or
permitted by the Contract Documents; (ii) the Work will be of good quality and free from
defects; (iii) the Work will conform to the requirements of the Contract Documents; and (iv)
Design -Build Entity will deliver the Project free of stop notice claims. Work not conforming to
these requirements, including substitutions not accepted by the City, will be deemed
defective. The Design -Build Entity's warranty excludes improper or insufficient
maintenance, improper operation; or normal wear and tear and normal usage. If required by
the City, the Design -Build Entity shall furnish satisfactory evidence as to the kind and quality
of materials and equipment. This warranty is not limited by the correction obligation of
Paragraph 2.04 herein.
2. Overlap. Where any warranties provided under the Contract Documents overlap, conflict, or
are duplicative, Design -Build Entity will be bound by the more stringent requirements.
3. Procurement and Assignment of Warranties: Design -Build Entity shall obtai- in the name of
City, or transfer or assign to City or City's designee prior to the time of Final Completion of
the Work, any and all warranties or guarantees which Design -Build Entity is required to
obtain pursuant to the contract Documents and which Design -Build Entity obtained from any
other person or entity other than Design -Build Entity including, but not limited to,
Subcontractors and manufacturers, and further agrees to perform the Work in such a
manner so as to preserve any and all such warranties. Design -Build Entity shall secure
written warranties from all Subcontractors. Design -Build Entity and its Subcontractors shall
offer any warranty upgrades or extensions that are offered by manufacturers of any
equipment or system installed it the Work to the City. Design -Build Entity shall deliver to
City all warranty and guarantee documents and policies.
Survival of Warranties: The provisions of this paragraph 2.15 will survive Design -Build
Entity's completion of the Work or termination of Design -Build Entity's performance of the
Work.
B. Correction of Work
Before or After Final Completion. The Design -Build Entity shall promptly correct Work
rejected by the City or City's designee, as failing to conform to the requirements of the
Contract Documents, whether discovered before or after Final Completion and whether or
not fabricated, installed; or completed. Costs of correcting such rejected Work, including
additional testing, inspections, and compensation for the City's services and expenses
made necessary thereby, will be at the Design -Build Entity's expense within the Contract
Price.
Page 119 of 212
2. After Final Completion.
(a) In additior to the Design -Build Entity's warranty obligations under Paragraph
2.15-A, if, within one (1) year after the date of Final Completion of the Work or
within the time period established by any applicable special warranty required by
the Contract Documents, any of the Work is found to be not in accordance with
the requirements of the Contract Documents, the Design -Build Entity shall
commence correction or replacement of such Work within forty-eight (48) hours
after receipt of written notice from the City to do so. The Design -Build Entity shall
perform such corrective work without charge or cost to the City after Final
Completion of the Work. The City shall give such notice promptly after discovery
of the condition.
(b) If the Design -Build Entity fails to commence correction or replacement of non-
conforming Work within forty-eight (48) hours after receipt of written notice; the
City All proceed to have defects repaired or replaced at the expense of the
Design -Build Entity and its Performance Bond surety, plus fifteen percent (15%)
for the City's overhead and administrative expense. The City may charge such
costs against any payment due Design -Build Entity. If, in the opinion of the City,
defective work creates a dangerous or hazardous condition or requires
immediate correction or attention to prevent further loss to the City or to prevent
interruption of operations of the City, the City may take immediate action, give
notice, make such correction, or provide such attention and the cost of such
correction or attention will be charged against the Design -Build Entity. Such
action by the City will not relieve the Design -Build Entity of the warranties
provided in this Article or elsewhere in the Contract Documents.
Replacement or Removal of Defective or Unauthorized Work. The Design -Build Entity
shall remove from the Site and replace those portions of the Work which are not in
accordance with the requirements of the Contract Documents in a manner acceptable to
and as ordered by the Director. No compensation shall be allowed for such removal or
replacement. Director shall have authority to cause defective work to be remedied,
removed or replaced and to deduct the costs from monies due or to become due to the
Design -Build Entity.
Destruction or Damage. In the event the Design -Build Entity destroys or damages any
construction of the City or another contractor while correcting or removing Work which is
not in accordance with the requirements of these Contract Documents, the Design -Build
Entity shall bear the cost of repairing or reconstructing that other construction as well.
5. No Limitation. Nothing contained in Paragraph 2.15-B will be construed to establish a
period of limitation with respect to other obligations which the Design -Build Entity might
have under the Contract Documents, Establishment of the one-year period for correction
of Work as described in Paragraph 2.15-B relates only to the specific obligation of the
Design -Build Entity to correct the Work, and has no relationship to the limitations periods
established by statute for any construction defect or other causes of action.
C. Responsibility for Errors
Design -Build Entity shall be responsible for its work and results under this Agreement. Design -
Build Entity, when requested, shall furnish clarification and/or explanation as may be required by
the City, regarding any services rendered under this Agreement at no additional cost to City. In the
Page 120 of 212
event that an error or omission attributable to Design -Build Entity occurs, then Design -Build Entity
shall, at no cost to City provide all necessary design drawings, estimates and other Design -Build
Entity professional services necessary to rectify and correct the matter to the sole satisfaction of
City and to participate it any meeting required with regard to the correction.
2.16 CLEANING AND ENVIRONMENTAL CONTROLS BOOKMARK
The Design -Build Entity, Subcontractors and employees shall comply with all litter and pol-ution laws and it
shall be the responsib'11ty of the Design-Builu Entity to ensure compliance. The Design -Build Entity shall do all
of the following:
A. Mair`ai- the Site free of waste materials, debris, and rubbish ar J in a clear and orderly condition;
and Remove waste materiasdebris and rubbish `rom site and dispose off -site legally.
The Design -Build Entity shall maintain at his/her disposal any and all equipment necessary to prevent
and remediate any sanitary sewer overflow arising out of the Work. The Design -Build Entity shall
furnish and operate a self -loading motor sweeper with spray nozzles, as directed by the Director, to
maintain the affected areas in a condition of cleanliness acceptable to the City at all locations affected
by the Design -Build Entity's operations. For purposes of this Paragraph, the affected areas include
the project Site as well as all haul routes to and from the project Site and all areas of construction and
restoration which have not been completed.
C. The Design -Build Entity shall take appropriate action to ensure that no dust origi-ates °,om the
project Site.
D. Any equipment or vehicles driver and/or operated within or adjacent 'to a street gutter, storm drain,
runoff conveyance or ocean shall be checked and maintained daily to prevent peaks of materials that
if introduced to water could be deleteric,,.s to aquatic life.
E. No debris, soil, silt, sand, bark, trash, sawdust, rubbish, cement or concrete or washings thereof, oil or
petroleum products or other organic or earthen material from any corstruction or associated activity
or whatever nature shall be allowed to enter into or placed where same may be washed by rainfall or
rur�0'' into waters of the State. When operations are completed, any excess materials or debris shall
be removed from the Work area.
217 WATER POLLJTION CONTROL
A. The Design -Build Entity shall meet all applicable City of Vernon, state ano federal clean water
laws, rules and regulations including but not limited to all conditions set forth it the Vernon
Municipal Code Chapter 21 Article 5 regarding stormwater and urban runoff controls as ii relates
to public agency activities including, but not limited to storm and/or sanitary sewer system
inspection and repair street sweeping, trash pick-up and disposal, and street and right-of-way
construction and repair are required to implement and maintain the activity specific Best
Management Practices (BMPs) listed in Table 2-1 below in compliance with the National Pollutant
Discharge Elimination System (NPDES) requirements. Design -Build Entity sha. not discharge any
water containing trash, debris, pollutants, fuels, oils. soaps or other non -allowable constituents
from its sweeping vehicles upon any city street, to any storm drain or any non -permitted outlet. As
part of its submission, contractor shall describe its methods for preventing NPDES violations during
sweeping operations within the City. In addition, Design -Build Entity stall comply with all NPDES
requirements at its maintenance facilities, storage yards and company facilities. Failure to comply
with this section may result in terr-ination for cause by the City of any contract resulting from this
solicitation.
Page 121 of 212
Table 2-1. BMPs for Public Agency Facilities and Activities
General and Activity Specific BMPs
General BMPs
Scheduling and Planning
Spill Prevention and Control
Sanitary/Septic Waste Management
Material Use
Safer Alternative Products
Vehicle/Equipment Cleaning, Fueling and Maintenance
Illicit Connection Detection: Reporting and Removal
INegal Spill Discharge Control
Maintenance Facility Housekeeping Practices
Flexible Pavement
Asphalt Cement Crack and Joint Grinding/ Sealing
Asphalt Paving
Structural Pavement Failure (Digouts) Pavement Grinding and Paving
Emergency Pothole Repairs
Sealing Operations
Rigid Pavement
Portland Cement Crack and Joint Sealing
Mudjacking and Drilling
Concrete Slab and Spall Repair
Slope/DrainsNegetation
Shoulder Grading
Nonlandscaped Chemical Vegetation Control
Nonlandscaped Mechanical Vegetation Control/Mowing
Nonlandscaped Tree and Shrub Pruning, Brush Chipping. Tree and Shrub
Removal
Fence Repair
Drainage Ditch and Channel Maintenance
Drain and Culvert Maintenance
Curb and Sidewalk Repair
Litterl Debris/ Graffiti
Sweeping Operations
Litter and Debris Removal
Emergency Response and Cleanup Practices
Graffiti Removal
Landscaping
Chemical Vegetation Control
Manual Vegetation Control
Landscaped Mechanical Vegetation Control/ Mowing
Landscaped Tree and Shrub Pruning, Brush Chipping; Tree and Shrub Removal
Irrigation Line Repairs
Irrigation (Watering), Potable and Nonpotable
Environmental
Storm Drain Stenciling
Roadside Slope Inspection
Roadside Stabilization
Stormwater Treatment Devices
Page 122 of 212
Traction Sand Trap Devices
Bridges
Welding and Grinding
Sandblasting, Wet Blast with Sand Injection and Hydroblasting
Painting
Bridge Repairs
Other Structures
Pump Station Cleaning
Tube and Tunnel Maintenance and Repair
Tow Truck Operations
Toll Booth Lane Scrubbing Operations
Electrical
Sawcutting for Loop Installation
Traffic Guidance
Thermoplastic Striping and Marking
Paint Striping and Marking
Raised/ Recessed Pavement Marker Application and Removal
Sign Repair and Maintenance
Median Barrier and Guard Rail Repair
Emergency Vehicle Energy Attenuation Repair
Storm Maintenance
Minor Slides and Slipouts Cleanup/ Repair
Management and Support
Building and Grounds Maintenance
Storage of Hazardous Materials (Working Stock)
Material Storage Control (Hazardous Waste)
Outdoor Storage of Raw Materials
Vehicle and Equipment Fueling
Vehicle and Equipment Cleaning
Vehicle and Equipment Maintenance and Repair
Aboveground and Underground Tank Leak and Spill Control
Water Quality Protection Requirements for Construction Projects with Less than One (1) Acre of
Disturbed Soil,
All construction projects, regardless of size, will be required to implement best management
practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to
meet the minimum water quality protection requirements and implement all applicable set of BMPs
as defined in Table 2-2.
Table 2-2
Minimum Water Quality Protection Requirements and Applicable Set of BMPs for All Construction Projects
Category
Minimum Requirements
BMPs
1. Sediment Control
Sediments generated on the project site shal! be retained
Sediment Control
using adequate Treatment Control or Structural BMPs.
2, Non-Stormwater
Construction -related materials, wastes, spills or residues
Stormwater
Management, Waste
shall be retained at the project site to avoid discharge to
Management; Waste
Management and
streets, drainage facilities, receiving waters, or adjacent
Management
Materials Pollution
properties by wind or runoff.
Control
Non -storm water runoff from equipment and vehicle washing
Page 123 of 212
and any other activity shall be contained at the project sites.
3. Erosion Control
Erosion from slopes and channels shall be controlled by
Erosion Control
implementing an effective combination of BMPs; such as the
limiting of grading scheduled during the wet season;
inspecting graded areas during rain events; planting and
maintenance of vegetation on slopes; and covering erosion
susceptible slopes.
Please refer to the California Stormwater Quality Association's Construction Handbook (available on their website:
www.cabmphandbooks.com) for further information regarding the BMPs listed in Table 2-2.
All construction projects with Less than One (1) Acre of Disturbed Soil shall submit to the City a
signed Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
(Exhibit 5).
The Design -Build Entity may self -certify that the following training was completed on an annual basis
providing they certify they have received all applicable training:
The Design -Build Entity shall train all of their employees in targeted positions
(whose interactions, jobs, and activities affect stormwater quality) on the
requirements of the overall stormwater management program.
• When the Work includes the use or have the potential to use pesticides or
fertilizers, the Design -Build Entity shall train all of their employees (whether or not
they normally apply pesticides or fertilizers as part of their work), Training
programs shall address:
1) The potential for pesticide -related surface water toxicity
2) Proper use, handling, and disposal of pesticides
3) Least toxic methods of pest prevention and control, including Integrated Pest
Management
4) Reduction of pesticide use
C. Water Quality Protection Requirements for Construction Projects with One (1) Acre (or greater) of
Disturbed Soil. In addition to the minimum BMPs required in Paragraphs A and B, all construction
projects where at least one (1) acre of soil will be disturbed, construction activity that results in land
surface disturbances of less than one acre if the activity is part of a larger common plan of
development, or the sale of one or more acres of disturbed land surface requires a Construction
Activities Storm Water General Permit (2009-0009-DWQ Permit).
Prior to commencement of construction activities, the Permit Registration Documents (PRDs) must
be submitted electronically in the Storm Water Multi -Application Report racking System (SMARTS)
(http://smarts.waterboards.ca.go_v_/smarts/faces/SwSmartsLogin.isp). PRDs consist of the
Notice of Intent, Risk Assessment, Post -Construction Calculations, a Site Map, the Storm Water
Pollution Prevention Plan (SWPPP), a signed certification statement by the Legally Responsible
Person (LRP), and the first annual fee.
See: http://www.swrcb.ca.gov/water issues/programs/stormwater/construction.shtml for more
Page 124 of 212
information. A Waste Discharger Identification (WDID) will be emailed to the LRP after the PRDs
have been submitted and are deemed complete. Construction activities cannot begin until a WDID is
issued by the State Water Resources Control Board. Design -Build Entity shall bear the costs of any
delays to the Project caused by a delay in obtaining its WDID.
The SWPPP shall include:
1. The name, location; period of construction, and a brief description of the project;
2. Contact information for the owner and contractor:
3. The building permit number for the project;
4. The grading permit number for the project (where applicable);
5. A list of major construction materials, wastes, and activities at the project site;
6. A list of best management practices to be used to control pollutant discharges from major
construction materials, wastes, and activities;
7. A site plan (construction plans may be used) indicating the selectior of BMPs and their
location where appropriate;
8. Non -storm water discharges, their locations, and the BMPs necessary to prevent the
discharge;
9. A maintenance and self -inspection schedule of the BMPs to determine the effectiveness
and necessary repairs of the BMPs; and
10. A certification statement that all required and selected BMPs will be effectively
implemented.
Within seven (7) days after the City awards the Contract, the Design -Build Entity shall submit one 1
copy of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt
of the plan. If revisions are required, the Design -Build Entity shal' revise and re -submit the document
within seven (7) days of its receipt of the City's comments. The City shall then have seven (7) days to
consider the revisions made by the Design -Build Entity and approve the SWPPP.
The Design -Build Entity shall maintain a minimum of two (2) readily accessible copies of the
SWPPP at the Project site. The SWPPP shall be made available upon request of a representative
of the Los Angeles Regional Water Quality Control Board (LARWQCB) or the U.S. Environmental
Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed
to the City.
D. Best Management Practices
The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect
the quality of storm water discharge associated with construction activities. The plan will describe
and ensure the implementation of Best Management Practices (BMPs) which will be used to
reduce pollutants in the storm water discharges from the construction site. A Best Management
Practice is defined as any program, technology, process, operating method,
measure, or device that controls, prevents, removes, or reduces pollution. The Design -Build Entity
shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal,
Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in
conjunction with all activities and construction operations. Copies of the California Stormwater BMP
Handbooks may be obtained from:
California Stormwater Quality Association
P.O. Box 2313
Livermore, CA 94551
www.cabmphandbooks.com
Page 125 of 212
Implementation
The Design -Build Entity will be responsible throughout the duration of the Project for the installation,
monitoring; inspection and maintenance of the BMPs included in the SWPPP and for removing and
disposing of temporary BMPs. The Design -Build Entity may be required to implement additional
BMPs as a result of changes in actual field conditions, contractor's activities, or construction
operations.
The Design -Build Entity shall demonstrate the ability and preparedness to fully deploy these
SWPPP control measures to protect soil -disturbed areas of the project site before the onset of precipitation
and shall maintair, a detailed plan for the mobilization of sufficient labor and equipment to fully
deploy these control measures.
Throughout the winter season, active soil -disturbed areas of the project site shall be fully protected
at the end of each day with these control measures unless fair weather is predicted through the
following day. The Design -Build Entity shall monitor daily weather forecasts. If precipitation is
predicted prior to the end of the following workday, construction scheduling shall be modified, as
required, and the Design -Build Entity shall deploy functioning control measures prior to the onset of
the precipitation.
The City may order the suspension of construction operations which are creating water pollution if
the Design -Build Entity fails to conform to the requirements of this Paragraph 2.17. Unless
otherwise directed by the City, the Design -Build Entity responsibility for SWPPP implementation
shall continue throughout any temporary suspension of the Work.
Sewage Spill Prevention. The Design -Build Entity's attention is directed to the sewer bypass
operation required during any sewer construction pursuant to the 2018 edition of the "Greenbook"
Standard Specifications for Public Works Construction, Section 500.1.2.4 or as that section is
subsequently amended.
The Design -Build Entity shall exercise extraordinary care to prevent the cause of events that may
lead to a sewage spill. In the event of a sewage spill, the Design -Build Entity shall make
arrangements for an emergency response unit comprised of emergency response equipment and
trained personnel to be immediately dispatched to the project site.
The Design -Build Entity shall be fully responsible for preventing and containing sewage spills as
well as recovering and properly disposing of raw sewage. In addition, the Design -Build Entity is
responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill.
Any utility that is damaged by the contractor shall be immediately repaired at the Design -Build
Entity's expense. The Design -Build Entity shall take all measures necessary to prevent further
damage or service interruption and to contain and clean up the sewage spills.
G. Sewage Spill Telephone Notification
Should a sewage spill occur, the Design -Build Entity shall immediately report the incident to both of
these two City Departments:
Sewer Maintenance Services .....................................................
Fire Department Dispatch Center................................................................................. 911
Page 126 of 212
The Design -Build Entity is encouraged to obtain telephone numbers, pager numbers and cellular
telephone numbers of City representatives such as Project Managers and Inspectors. However, if
these City representatives are not available, then the Design -Build Entity shall immediately call:
H. Sewage Spill Written Notification
The Design -Build Entity shall prepare and submit a written report to the Director within three (3)
Working Days from the occurrence of a spill to the City. This report shall describe all of the
following:
The exact location on the Thomas Guide map
The nature and volume
The date, time and duratior.
The cause
The type of remedial and/or cleanup measures taken and date and time
implemented
6. The corrective and preventive action taken, and
The water body impacted and results of necessary monitoring
Enforcement
The City is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and
private citizens. The Design -Build Entity shall indemnify, defend and hold City, its officers, agents
and employees harmless from Design -Build Entity's failure to comply and/or fulfill the requirements
set forth in this Paragraph 2.17, Design -Build Entity shall be responsible for all costs and liabilities
imposed by law as result of Design -Build Entity's failure to comply and/or fulfill the requirements set
forth in this Paragraph 2.17. The costs and liabilities include, but are not limited to fines, penalties
and damages whether assessed against the City or the Design -Build Entity .
In addition to any remedy authorized by law, any money due to the Design -Build Entity under this
contract shall be retained by the City until all costs and liabilities imposed by law against the City or
Design -Build Entity have been satisfied.
Maintenance
The Design -Build Entity shall ensure the proper implementation and functioning of BMP control
measures and shall regularly inspect and maintain the construction site for the BMPs identified in
the SWPPP. The Design -Build Entity shall identify corrective actions and time frames in order to
properly address any damaged measure or reinitiate any BMPs that have been discontinued.
If the City identifies a deficiency in the deployment or functioning of identified control measures, the
deficiency shall be corrected by the Design -Build Entity immediately or by a later date and time if
Page 127 of 212
agreed to by Director and if requested in writing, but -ot later than the onset of the subsequent
precipitation events. The correction of deficiencies sha" be at no additional cost to the City.
K. Payment
All costs involved in the implementation of the SWPPP, including furnishing all labor, materials.
tools, equipment and all incidentals; and for d&g all the work involved In installing, constructing,
maintaining, removing, and disposing of control measures, except those that were installed as a
part of another structure, stall be included in the unit prices bid for the various related items of
worK and no additional compensation will be made therefor.
218 SOLID WASTE DISPOSAL AND DIVERSION
The Design -Build Entity shall submit to the Director the following summary of solid waste generated by the
Work, disposed in Class III landfilis, or diverted from disposal through recycling. Report disposal in inert f I
separately. This form must be accompanied by legible copies of weight tickets, receipts, or invoices that
specifically identify the project generating the material. Said documents must be from recyciers and/or
Disposal site operators that are acceptable to the Director. Further, the documents must be submitted to the
Director with each application for progress payment. Failure to submit the form and its suppor`ing
.locumentation will render the application for progress payment incomplete and delay progress payments,
Project Title: _
SUMMARY OF SOLID WASTE DISPOSAL AND DIVERSION
Specification No.
—ype o` Materid,
ta)
J;sposed in Class III Landfills
(b)
Diverted from Class W
Landfills by Recycling
(c)
[Leave " s Column Blank]
,d)
Disposeo'n nert c �s
TonsICY
Tons1CY
-ns..:Y
1 ons"N
Asphalt
Concrete
Metal
Other Segregated Materials
(Describe):
Miscel aneous Construction
W +ste
Total
Form to be sAmitted to the City
SIGNATURE:
1 TLE:
DATE:
rage 128 of 2_2
2.19 RECYCLED, REL SABLE AND RECYCLABLE PRODUCTS
The Design -Budd Entity is encouraged to propose recycled, reusable and recyclable products for use by the
City Those items should be clearly identified. The City may require further information or documentation to
ascertain the suitability/appropriateness of a proposed product.
[END OF ARTICLEII
Page 129 of 212
ARTICLE 3 - TIME OF COMMENCEMENT AND COMPLETION
3.01 COMMENCEMENT PROSECUTION AND COMPLETION OF WORK
A. Notice to Proceed
The Design -Build Entity is not authorized to perform any Work the Contract Documents until he/she
has received from the City an official notification to commence Work. The date on which the
notification is received by the Design -Build Entity is herein referred to as the Notice to Proceed. The
Design -Build Entity shall commence Work on the Date of Commencement established in the Notice
to Proceed is issued. The Notice to Proceed shall be issued after the Contract is properly executed,
bonds are furnished and approved, and insurance has been submitted and approved.
B. Prosecution of the Work
Work shall be continued at all times with such force and equipment as will be sufficient to complete it
within the specified time. The Design -Build Entity expressly proposes that he/she has taken into
consideration and made allowances for all ordinary delays and hindrances to the Work to be
performed and that he/she will complete the Work within the specified time.
C. Required Contract Completion
Time is of the essence in the completion of this Contract. The Work shall be completed in its entirety
and made ready for service within five hundred forty (540) calendar days following the Date of
Commencement established in the Notice to Proceed ("Contract Time"). By executing the Contract,
Design -Build Entity confirms that the Contract Time is a reasonable period for performing the Work.
3.02 CITY'S DISCRETION TO EXTEND CONTRACT TIME
In the event the Work required hereunder is not satisfactorily completed in all parts and in compliance with the
Contract Documents, City shall have the right, in its sole discretion, to increase the number of Working Days or
not, as may seem best to serve the interest of City. A change order extending the Contract Time only will be
issued by the City should the City decide to increase the number of Working Days,
3.03 SUBSTANTIAL COMPLETION
A. Design -Build Entity Request for Inspection and Punch List
When the Design -Build Entity considers that it has achieved Substantial Completion of the Work, or
designated portion thereof, Design -Build Entity shall prepare and submit to the Director a request
for inspection and a comprehensive punch list of items to be completed or corrected prior to Final
Payment. Failure to include an item on such punch list does not alter the responsibility of the
Design -Build Entity to complete all Work in accordance with the Contract Documents.
B. City Inspection
Upon receipt of the Design -Build Entity 's punch list, the Director will make an inspection to
determine whether the Work or designated portion thereof is Substantially Complete, If the
inspection discloses any item, whether or not included on the Design -Build Entity 's punch list,
which is not sufficiently complete in accordance with the Contract Documents so that the City can
occupy or utilize the Work or designated portion thereof for its intended use, the Design -Build Entity
shall, before City's issuance of the Certificate of Substantial Completion, complete or correct such
Page 130 of 212
item upon notification by City. The Design -Build Entity shall then submit a request for another
inspection by City to determine Substantial Completion.
C. Certificate of Substantial Completion
When the Work or designated portion thereof is substantially complete; the Director will prepare a
Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall
establish responsibilities of the City and Design -Build Entity for security, maintenance, utilities,
damage to the Work, and insurance, and shall fix the time within which the Design -Build Entity
shall finish all items on the Design -Build Entity's punch list accompanying the Certificate.
Warranties required by the Contract Documents shall commence on the date of Substantial
Completion of the Work. Design -Build Entity shall delive- to City ali warranty and guarantee
documents and policies.
3.04 DELAYS AND EXTENSIONS OF TIME FOR DESIGN -BUILD ENTITY
A. The Design -Build Entity shall take reasonable precautions to foresee and prevent delays to the
Work. 'n the event of any delay to the Work, the Design -Build Entity shall revise his/her sequence
of operations, to the extent possible under the terms of the Contract, to offset the delay.
B. If any delay to the Work is caused by circumstances within the Design -Build Entity's control, it is not
excusable and not compensable, and the Design -Build Entity will not be entitled to any extension of
time or to any other compensation for damages resulting directly or indirectly therefrom.
C. If any delay having a direct effect on the Work is caused by circumstances beyond the control of
the Design -Build Entity except for causes of delay specified in Paragraph 3.04-D., such delay may
be excusable and may entitle the Design -Build Entity to an equivalent extension of time, but not to
any other compensation. Excusable but not compensable causes include but are not limited to
labor disputes, weather conditions unfavorable for prosecution of the Work, and force majeure.
D. If any delay having a direct effect on the Work is caused by failure of the City to provide information
as specified; or necessary instructions for carrying on the Work, or to provide the necessary right of
way or site for installation, or failure of a utility to remove or relocate an existing facility such delay
may be compensable and may entitle the Design -Build Entity to an equivalent extension of time,
and to compensation for damages resulting directly from any of the causes of delay specified in
this paragraph.
E. The Design -Build Entity shall notify the Director in writing of any delay having a direct effect on the
Work and the causes thereof within 15 days from the beginning of such delay.
Any claim for an extension of time or for compensation for damages resulting from delay shall be
made it writing to the Director not more than 30 days after the ending of such delay. The Design -
Build Entity shall provide a written report evaluating the impact of the delay which shall include, at a
minimum, all of the following:
1. a narrative description of the delay and its impact on the critical path to Substantial Completion of
the Work or a portion of the Work designated by City;
2. a detailed breakdown of the Allowable Costs, if any, sought by Design -Build Entity due to the
delay;
Page 131 of 212
3. the number of days of extension sought by Design -Build Entity as an adjustment to the Contract
time;
a statement that Design -Build Entity has complied with the requirements of the General
Conditions for written notice of delays, along with the dates and copies of such notices;
5, the measures taken by Design -Build Entity and Subcontractors to prevent or minimize the delay;
and
6. the Design -Build Entity's recommendations for reordering or re -sequencing the Work to avoid or
minimize further delay.
No extension of time or compensation for damages resulting from delay will be granted unless the
delay affects the timely completion of the overall Work under the Contract or the timely completion
of a portion of the Work for which a time of completion is specified.
G. The Director will investigate the facts and ascertain the extent of the delay, and his/her findings
thereon shall be final and conclusive.
H. Failure of the Design -Build Entity to give written notice of a delay, or to submit or document a claim
for an extension of time or for damages resulting from delay in the manner and within the times
stated above shall constitute a waiver of all claims thereto.
When a Design -Build Entity experiences two concurrent delays, one compensable and the other
excusable, no compensation other than an extension of time will be allowed.
An extension of time must be approved by the Director to be effective, but an extension. of time
whether with or without consent of the sureties, shall not release the sureties from their obligations,
which shall remain in full force until the discharge of the Contract.
3.05 CLIMATIC CONDITIONS
A. The Director may suspend the Work whenever weather conditions or conditions resulting from
inclement weather are unfavorable for the prosecution of the Work. The delay caused by such
suspension may entitle the Design -Build Entity to an extension of time but not to any other
compensation.
B. If the Design -Build Entity believes that Work should be suspended under this Paragraph 3.05,
he/she may request such suspension. The delay caused by such suspension may entitle the
Design -Build Entity to an extension of time but not to any other compensation.
C. No extension of time will be granted for suspension of Work unless the suspension affects the
timely completion of all Work under the Contract or the timely completion of a portion of the Work
for which a time of completion is specified. Determination that the suspension for inclement
weather conditions or conditions resulting from inclement weather affects timely completion and
entitles the Design -Build Entity to an extension of time shall be made and agreed to in writing by the
Director and the Design -Build Entity on each day that Work is suspended. In the event of failure to
agree, the Design -Build Entity may protest under the provisions of Paragraph 7.07.
D. If Work is suspended and an extension of time is granted under this Paragraph 3.05 the Design -
Build Entity will be entitled to a one day extension of time for each day that he/she is unable to
Work at least one-half of his/her current normal Work day; and if the Work is suspended at the
regular starting time on any Work day and the Design -Build Entity's Workforce is dismissed as a
Page 132 of 212
result thereof, then he/she will be entitled to a one day extension of time whether or not conditions
change thereafter and the major portion of the day is suitable for Work.
3.06 COMPLETION AND ACCEPTANCE
A. Upon request by the Design -Build Entity, the Director shall conduct a final inspection of the Work. If,
ir. the Director's opinion, Final Completion has been achieved, the Director will accept the Work by
issuing a "Notice of Completion" of the Work to the Design -Build Entity. Upon the issuance of the
Notice of Completion the Design -Build Entity will be relieved from responsibility to protect the Work.
B. Within 15 calendar days after issuing the Notice of Completion, the Director will record the Notice of
Completion with the County Recorder.
3.07 LIQUIDATED DAMAGES
A. Design -Build Entity and City agree to liquidate damages in the amount of dollars ($ )
per day, with respect to Design -Build Entity's failure to achieve Substantial Completion of the Work
within the Contract Time. The Parties intend for the liquidated damages set forth herein to apply to
this Contract as set forth in Government Code Section 53069.85. The Design -Build Entity
acknowledges and agrees that the liquidated damages are intended to compensate City solely for the
Design -Build Entity's failure to meet the deadline for Substantial Completion and shall not excuse
Design -Build Entity from liability from any other breach, including any failure of the Work to conform to
the requirements of the Contract Documents,
B. In the event that Design -Build Entity fails to achieve Substantial Completion of the Work within, the
Contract Time, Design -Build Entity agrees to pay City the amount specified in the Contract form for
each calendar day that Substantial Completion is delayed.
C. Design -Build Entity and City acknowledge and agree that the foregoing liquidated damages have
been set based on an evaluation of damages that the City will incur in the event of late completion of
the Work. Design -Build Entity and City acknowledge and agree that the amount of such damages are
impossible to ascertain as of the effective date hereof and have agreed to such liquidated damages to
fix City's damages and to avoid later disputes. It is understood and agreed by Design -Build Entity
that liquidated damages payable pursuant to this Agreement are not a penalty and that such amount
are not manifestly unreasonable under the circumstances existing as of the effective date of this
Agreement.
D. It is further mutually agreed that City shall have the right to deduct liquidated damages against
progress payments or retainage and that the City will issue a Construction Change Directive and
reduce the Contract Sum accordingly. In the event the remaining unpaid Contract Sum is insufficient
to cover the full amount of liquidated damages. Design -Build Entity shall pay the difference to City.
[END OF ARTICLE]
Page 133 of 212
ARTICLE 4 --PROJECT SHHEEDULES
4.01 BASELINE PROJECT SCHEDULE
The Design -Build Entity shall submit his/her work Baseline Project Schedule, in electronic as well as hard -copy
format, to the Director at the kick-off meeting showing in detail how the Design -Build Entity plans to execute
and coordinate the Work. The project schedule shall show the sequence of work, critical path and estimated
time for completion of each segment of work. This schedule must be reviewed and accepted by the Director
before the Design -Build Entity will be permitted to begin work. In addition, the Design -Build Entity shall submit
a detailed schedule forecasting two (2) weeks of work describing each day's work. This schedule shal' be
updated and submitted to the City every other Monday during the project period. The Design -Build Entity shall
give 48 hours notice to the Director prior to the start of the work.
A. Format
At a minimum, the Baseline Project Schedule activities shall be coded on a work discipline basis
and by geographic area or location on the Project. The Baseline Project Schedule shall include a
detailed description of each activity code. The Baseline Project Schedule shall be based on and
incorporate contract milestone and completion dates specified in the Contract Documents. It
shall depict events, jobs and their interrelationships and shall recognize the progress that must
be made on one task before subsequent tasks can begin. The schedule shall be comprehensive
and shall include all logical interdependencies and interactions required to perform the Work of
the Project.
2. Overall time of completion and time of completion for each milestone shown on the Schedule
sha'I adhere to the specified Contract Time, unless an earlier (advanced) time of completion is
requested by Design -Build Entity, agreed to by the City and formalized by Change Order.
3. Design -Build Entity shall use the latest version of Microsoft Project or equivalent software
agreed to by the parties.
The City will review the submitted Baseline Project Schedule for conformance with these
scheduling requirements. Within fourteen (14) calendar days after receipt, the City will accept
the proposed Baseline Project Schedule or will return it with comments. If the proposed Baseline
Project Schedule is accepted by the City, it shall be deemed part of the Contract Documents. If
the Baseline Project Schedule is not accepted by City, Design -Build Entity shall revise the
Baseline Project Schedule, in accordance with the recommendations of the City and re -submit
same for acceptance, no later than seven (7) calendar days after receipt of said
recommendation.
5. Acceptance of Baseline Project Schedule by City, failure to include an element of work, or
inaccuracy in Baseline Project Schedule shall not relieve Design -Build Entity from the
responsibility for accomplishing the Work in accordance with the Contract Documents.
Float
1. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the
scheduled completion of the milestones and/or time of completion. All other Work activities are
defined as non -critical Work activities and are considered to have float. Float is defined as the
time that a non -critical Work activity can be delayed or extended without delaying the scheduled
completion of the milestones and/or time of completion. Float is considered a Project resource
Paqe 134 of 21'�
available to either party or both parties as needed. Once identified, Design -Build Entity shall
monitor, account for, and maintain float in accordance with Critical Path Methodology.
2. Delays of any non -critical Work shall not be the basis for an extension of Contract Time until the
delays consume all float associated with that non -critical Work activity and cause the Work
activity to become critical.
3. It is acknowledged that City -caused time savings (i.e., critical path submittal reviews returned in
less time than allowed by the Contract Documents, approval of substitution requests which result
in a savings of time for Design -Build Entity, etc.) create shared float. Accordingly, City -caused
delays may be offset by City -caused time savings.
C. Weather (This section applies only to projects of one (1) year duration or longer)
The completion time contemplated by this Contract anticipates ten (10) lost days (Work Days) due to
normal weather conditions annually and prorated for any duration less than twelve months. Only
unusual or extreme weather conditions, as determined by the National Oceanic and Atmospheric
Administration, for the time of year will be considered as justification for an extension of time to
complete the Project, and only after the ten (10) weather days have been utilized. Annual weather
days are not cumulative, and unused days shall become "float" for the benefit of the project, and the
schedule adjusted accordingly. The use of weather days by the Design -Build Entity shall be subject
to all the conditions of claim for an extension of time. The Design -Build Entity shall notify the City in
writing within ten (10) days of the commencement of each rain event.
D. Early Completion
While the Design -Build Entity may schedule completion of the Project earlier than the date
established by the Contract Documents, no additional compensation shall become due the Design -
Build Entity for the use of float time between the Design -Build Entity's projected early completion date
and the date for Substantial Completion established by the Contract Documents, unless an earlier
(advanced) time of completion is requested by Design -Build Entity, agreed to by the City, and
formalized by Change Order.
4.02 SCHEDULE UPDATES
A. With each Application for Payment submitted by Design -Build Entity (other than the final Application
for Payment), the Design -Build Entity shall submit to the City an updated Project Schedule revised to
indicate the Work completed, status of Work in progress, all progress slippages, corrective actions
taken, or slippage carry-over, for all anticipated delays or difficulties, and all other information required
to accurately present the actual status of the progress of the Work as of the date of the Application for
Payment. If the Design -Build Entity does not submit an updated Project Schedule with an
Application for Payment, City may withhold payment; in whole or in part, until the updated Project
Schedule is submitted. In the event that an update to the Project Schedule indicates a delay to the
Contract Time the Design -Build Entity shall propose an affirmative plan to correct each such delay,
including overtime and/or additional labor, if necessary. Ir no event shall any Project Schedule
update constitute an adjustment in the Contract Time, any deadline, or the Contract Sum unless any
such adjustment is agreed to by the City and authorized pursuant to Change Order or Work Directive.
At no time shall historical data contained within the updated Project Schedule (i.e. completed
activities) be removed and/or altered in any way. This historical data is to be preserved within each of
the updated Project Schedules and submitted with the final schedule update to reflect the actual start
and finish dates for each activity within the Schedule.
Page 135 of 212
C. Any work stoppages within individual work activities that exceed seven (7) calendar days in duration
shall be clearly indicated within the updated Project Schedule. In cases where unplanned activity
work stoppages exceed seven (7) calendar days activities shall be added to the Project Schedule to
clearly indicate the work stoppage period and identify forecasted resumption and completion of the
activity where work has stopped. Design -Build Entity shall clearly note all schedule revisions when
Project Schedule updates are submitted, as required in this Paragraph 4.02 above.
4.03 NONCOMPENSABLE EXTRAORDINARY MEASURES
A. Should the City determine, in its sole judgment, that the performance of the Work has not progressed
to the level of completion required by the Contract Documents, City shall have the right to order the
Design -Build Entity to take corrective measures to expedite the progress of design and/or
construction, at no additional cost to the City, including, without limitation, the following:
1. Working additional shifts of overtime.
2. Supplying additional manpower, equipment, and/or facilities.
3. Reschedule activities to maximize practical concurrence of accomplishment of activities.
4. Submitting a Recovery Schedule discussed above, for resequencing performance of the Work or
other similar measures.
5. Any other actions that may be necessary to mitigate delays.
Such Extraordinary Measures shall continue until the progress of the Work is no longer behind
schedule and/or reaches the stage of completion required by the Contract Documents. Design -Build
Entity shall not be entitled to an adjustment in the Contract Sum in connection with the performance
of any such Extraordinary Measures required by the City under this Paragraph. The City may
exercise the rights furnished the City pursuant to this Paragraph as frequently as the City deems
necessary to ensure that the Design -Build Entity's performance of the Work will comply with the
Contract Time or interim completion dates set forth in the Contract Documents. If Design -Build Entity
or its Subcontractors fail to implement or commence Extraordinary Measures within ten (10) calendar
days of City's written demand, City may, without prejudice to other remedies, take corrective action at
the expense of the Design -Build Entity which shall reduce the Contract Sum accordingly.
4.04 CONDITION OF PAYMENT
Compliance by Design -Build Entity with the requirements of the Contract Documents pertaining to preparation,
submission, revising and updating of the Schedule is a condition precedent to City's obligation to make
payment to Design -Build Entity of any or all sums that might otherwise be due to Design -Build Entity in the
absence of such noncompliance. Payment by City under circumstances in which City, for any reason, fails or
elects not to assert its right to withhold payment for noncompliance with this Paragraph shall not be construed
as a waiver of the right to withhold future payments on account of such noncompliance or any other
noncompliance.
[END OF ARTICLE]
Page 136 of 212
ARTICLE 5 - SUSPENSION OR TERMINATION OF CONTRACT
5.01 TERMINATION BY THE DESIGN -BUILD ENTITY
A. Design -Build Entity shall have the right to terminate its performance of the Contract only upon the
occurrence of one of the following:
1. The Work is stopped for a period of ninety (90) consecutive days through no act or fault of the
Design -Build Entity. any Subcontractor, Sub -subcontractor, their agents or employees, or any
other persons or entities performing portions of the Work under direct or indirect contract with the
Design -Build Entity, due to:
the issuance of an order of a court or other public authority having jurisdiction; or
an act of government, such as a declaration of national emergency making
material unavailable;
and Design -Build Entity has given City written notice within ten (10) days of the occurrence of
such ground for termination, then the Design -Build Entity may, upon thirty (30) additional
calendar days written notice to City, unless the reason has theretofore been cured, terminate its
performance of the Work.
The Work is stopped for a period of 120 consecutive days through no act or fault of Design -Build
Entity, any Subcontractor; Sub -subcontractor, their agents or employees, or any other persons or
entities performing portions of the Work under direct or indirect contract with the Design -Build
Entity; because the City has persistently failed to perform any material obligation under the
Contract Documents and fails to cure such default within ninety (90) days after the receipt of
notice from Design -Build Entity stating the nature of such default.
If Design -Build Entity terminates its performance of the Contract in accordance with this Paragraph
5.01, the City shall pay Design -Build Entity for the Work executed through the date of termination as
set forth in Paragraph 5,04-C below.
5.02 TERMINATION BY THE CITY FOR CAUSE
A. Grounds
The City shall have the right to terminate the Design -Build Entity's performance of the Contract, in
whole or in part, without liability to City if:
Design -Build Entity fails promptly to begin the Work under the Contract Documents: or
Design -Build Entity refuses or fails to supply enough properly skilled workers or proper materials;
or
Design -Build Entity fails to perform the Work in accordance with the Contract Documents,
including conforming to applicable standards set forth therein in constructing the Project, or
refuses to remove and replace rejected materials or unacceptable Work; or
4. Design -Build Entity discontinues the prosecution of the Work (exclusive of work stoppage: (a)
due to termination by City; or (b) due to and during the continuance of a Force Majeure event or
suspension by City); or
Page 137 of 212
5. Design -Build Entity fails to resume performance of Work which has been suspended or stopped,
within a reasonable time after receipt of notice from City to do so or (if applicable) after cessation
of the event preventing performance; or
6. Any representation or warranty made by Design -Build Entity in the Contract Documents or any
certificate, schedule, instrument, or other document delivered by Design -Build Entity pursuant to
the Contract Documents shall have been false or materially misleading when made; or
7. Design -Build Entity fails to make payment to Subcontractors or Material Suppliers for materials or
labor in accordance with the respective Contract Documents and apf licable law; or
8. Design -Build Entity disregards laws, ordinances, or rules, regulations, or orders of a public
authority having jurisdiction; or
9. Design -Build Entity is guilty of breach of a provision of the Contract Documents; or
10, Design -Build Entity becomes insolvent, is adjudicated bankrupt, or makes a general assignment
for the benefit of creditors and fails to provide City with adequate assurances of Design -Build
Entity's ability to satisfy its contractual obligations.
A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to the
Contract. Upon that person's appointment, City has, at its option and sole discretion, the right to
immediately cancel the Contract and declare it null and void.
B. City's Rights,
When any of the reasons specified in Paragraph 5.02-A exist, the City may, in addition to and without
prejudice to any other rights or remedies of the City, and after giving the Design -Build Entity five (5)
calendar days written notice, terminate Design -Build Entity's performance of the Work, in whole or in
part, and may
Take possession of the site and all materials, equipment, tools; construction equipment, and
machinery thereon owned by the Design -Build Entity;
2. Withhold from Design -Build Entity amounts unpaid hereunder and to offset such amounts against
damages or losses incurred by City;
3. Accept assignment of subcontracts from Design -Build Entity, at the sole discretion of City, and
4. Finish the Work by whatever reasonable method the City may deem expedient.
Upon request of the Design -Build Entity, the City shall furnish to the Design -Build Entity a detailed
accounting of the costs incurred by the City in finishing the Work,
C. Costs
If City's costs to complete and damages incurred due to Design -Build Entity 's default exceed the
unpaid Contract balance, the Design -Build Entity shall pay the difference to the City,
D. Wrongful Terminatior
If it has been adjudicated or otherwise determined that City has wrongfully terminated the Design -
Build Entity for cause, then said termination shall be deemed converted to a termination for
Page 138 of 212
convenience as set forth in Paragraph 5.04 and Design -Build Entity's remedy for wrongful termination
in such event shall be limited to the recovery of the payments permitted for termination for
convenience as set forth in Paragraph 5.04.
5.03 PARTIAL DELETION OR SUSPENSION OF WORK BY THE CITY
A. Design -Build Entity agrees that the City may determine whether any or all of the Work described in
the Contract Documents shall be deleted or performance suspended without electing to terminate the
Design -Build Entity's performance under the Contract and without any penalty being incurred by the
City.
B. Any such partial deletion or suspension of the Work shall in no way void or invalidate the Contract
nor shall it provide Design -Build Entity with any basis for seeking payment from City for Work deleted
or suspended except to the extent such Work has already been performed and is otherwise
compensable under the Contract.
C. The City shall have the right to later have any such suspended or deleted Work performed by Design -
Build Entity or others without any penalty to the City.
D. In the event of any partial or complete deletion or suspension of Work, the City shall furnish Design -
Build Entity with prompt written notice thereof, and the City shall be entitled to take possession of and
have as its property all Record Documents, Accounting Records, and other data prepared by Design -
Build Entity or its Subcontractors.
E. Suspension for Convenience.
1. The City may at any time and from time to time, without cause, order the Design -Build Entity, in
writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time as the
City may determine. Such order shall be specifically identified as a "Work Suspension Directive"
under this Section.
2. Upon receipt of a Work Suspension Directive, Design -Build Entity shall, at the City's expense,
comply with its terms and take all reasonable steps to minimize costs allocable to the Work
covered by the Work Suspension Directive during the period of Work stoppage.
3. Within the period of suspension, or such extension to that period as is agreed upon by Design -
Build Entity and the City, the City shall either cancel the Work Suspension Directive or delete the
Work covered by such Work Suspension Directive by issuing a Change Order or Construction
Change Directive.
4. If a Work Suspension Directive is cancelled or expires, Design -Build Entity shall continue the
Work, A Change Order or Construction Change Directive will be Issued to cover any
adjustments of the Contract Sum and Contract Time necessarily caused by such suspension. No
adjustment shall be made to the extent:
(a) That performance is, was, or would have been so suspended, delayed, or interrupted by
another cause for which the Design -Build Entity's responsible; or
(b) That an equitable adjustment is made or denied under another provision of the Contract.
Suspensions for Cause
City has the authority by written order to suspend the Work, in whole or in part, without liability to City
Page 139 of 212
for Design -Build Entity's failure to:
1. Correct conditions unsafe for the Project personnel or general public, or
2. Carry out the Contract; or
3. Carry out orders of City.
G. Responsibilities of Design -Build Entity During Suspension Periods
During periods that Work is suspended, Design -Build Entity shall continue to be responsible for the
Work and shall prevent damage or injury to the Project, provide for drainage, and shall erect
necessary temporary structures, signs or other facilities required to maintain the Project and continue
to perform according to the Contract Documents.
5.04 TERMINATION BY THE CITY FOR CONVENIENCE
A. Grounds
Without limiting any rights which City may have by reason of any default by Design -Build Entity
hereunder, City may terminate Design -Build Entity's performance of the Contract, in whole or in part,
at any time, for convenience upon fifteen (15) calendar days written notice to Design -Build Entity.
B. Design -Build Entity Actions
Upon receipt of such notice, Design -Build Entity shall perform the duties required by Paragraph
5.05 below. At the election of and as directed by the City, any or all of the subcontracts and
purchase orders entered in to by Design -Build Entity prior to the effective date of termination shall
be terminated or shall be assigned to City.
C. Compensation
1. If the Parties are unable to agree on the amount of a termination settlement, the City shall pay
the Design -Build Entity the following amounts:
a. For Work performed before the effective date of termination, the total (without duplication of
any items) of:
The cost of the Work: and
ii. A sum, as overhead and profit on the cost of the Work, determined by the City to
be fair and reasonable. In no event shall Design -Build Entity be entitled to recover
overhead or profit on Work not performed.
b. The reasonable costs of settlement of the Work terminated, including:
Accounting, clerical, and other expenses reasonably necessary for the preparation
of termination settlement proposals and supporting data, if any; and
ii. Storage, transportation, and other costs reasonably necessary for the preservation,
protection, or disposition of inventory.
Page 140 of 212
2. Such payment shall be Design -Build Entity's exclusive remedy for termination for convenience
and will be due and payable on the same conditions as set forth for final payment to the extent
applicable. Upon receipt of such payment, the Design -Build Entity and City shall have no further
obligations to each other except for Design -Build Entity's obligations with respect to warranties,
representations, indemnity, maintenance of insurance, and other obligations that survive
termination or Final Completion as provided for herein.
3. It is understood and agreed that no fee, anticipated profit, compensation for lost opportunity
costs, or other compensation or payment of any kind or character shall be due or payable for
unperformed Work regardless of the basis of termination and the inclusion of this provision within
this subparagraph shall in no way limit its application to terminatior under this Paragraph.
4. Design -Build Entity agrees that each of its subcontracts will reserve for the Design -Build Entity
the same right of termination for convenience provided by this Paragraph 5.04.
D. No Consequential Damages
Under no circumstances shall Design -Build Entity be entitled to anticipatory or unearned profits or
consequential or other damages as a result of a termination or partial termination under this Article 5.
The payment to Design -Build Entity determined in accordance with this Article constitutes Design -
Build Entity's exclusive remedy for a termination hereunder.
5.05 DESIGN -BUILD ENTITY'S DUTIES UPON TERMINATION FOR CAUSE OR CONVENIENCE
If the City terminates Design -Build Entity's performance of Work under the Contract, for cause or convenience
or if Design -Build Entity terminates a Subcontractor with the City's approval, Design -Build Entity shall:
(1) cease performance of the Work to the extent specified in the notice;
(2) take actions necessary or that the City may direct, for the protection and preservation of the Work;
(3) settle outstanding liabilities, as directed by City;
(4) transfer title and deliver to City Work in progress, specialized equipment necessary to perform the Work:
(5) submit all Record Documents, Accounting Records and other data prepared pursuant to the Contract by
Design -Build Entity and/or its Subcontractors, as applicable, to the City with fifteen (15) calendar days after the
City's notice of termination in an organized, usable form, in both hard copy and electronic/digital form, with all
items properly labeled to the degree of detail specified by the City; and,
(6) except for Work directed by City to be performed prior to the effective date of termination stated in the
notice, incur no further costs or expenses and enter into no further subcontracts and purchase orders.
No compensation shall be due Design -Build Entity, if any, until Design -Build Entity complies with the
requirements of this Paragraph.
[END OF ARTICLE]
Page 141 of 212
ARTICLE 6 — CHAN E
6.01 CITY'S RIGHT TO ORDER CHANGES
The City, without invalidating the Contract, may authorize changes in the Work consisting of additions,
deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly, if
necessary. All such changes in the Work shall be authorized by Change Order or Construction Change
Directive and Design -Build Entity shall perform such changes in the Work according to the applicable
requirements of the Contract Documents.
6.02 APPLICABLE PROVISIONS
Changes in the Work shall be performed under applicable provisions of the Contract Documents. The
Design -Build Entity shall proceed promptly and diligently with the change, unless otherwise provided in the
Change Order or Construction Change Directive. It is of the essence to this Contract that all scope
changes in the Work that form the basis of an adjustment of the Contract Sum or Contract Time must be
authorized in advance in writing through either a Change Order or Construction Change Directive. A
change in the Contract Sum or the Contract Time shall be accomplished only by Change Order or
Construction Change Directive. Accordingly, no verbal directions, course of conduct or dealings between
the Parties, express or implied acceptance of alterations or additions to the Work, or claim that the Contract
has beer abandoned or the City has been. unjustly enriched by any alteration or addition to the Work shall
be the basis of any claim for an increase in any amounts due under the Contract Documents or a change in
any time period provided in the Contract Documents.
6.03 NOTICE OF SCOPE CHANGE
Design -Build Entity sha" submit written notice of any change in scope to the Director if, in the Design -Build
Entity's opinion, any instruction, request, Drawings, Specifications, action, condition, omission, default, or
other situation occurs that the Design -Build Entity believes constitutes a scope change or other matter
resulting in Extra Work, for which Design -Build Entity believes it is entitled to an adjustment of the Contract
Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such
occurrence and within seven (7) calendar days after the discovery date of the circumstances of such scope
change or other matters. The written notice shall state the date, circumstances, extent of adjustment to the
Contact Sum or the Contract Time, if any, requested. The mere presentation of such notice shall not
establish the existence of any right by Design -Build Entity to adjustment of the Contract Sum or Contract
Time. Failure to provide such timely written notice described herein shall constitute a waiver by Design -
Build Entity of the right to any adjustment to the Contract Sum or Contract Time on account thereof.
6.04 CHANGE ORDERS
A. Computation
Methods used in determining adjustments to the Contract Sum by Change Order may include
those listed in Paragraph 6.06 below.
Accord and Satisfaction
Agreement on any Change Order shall be a full compromise and settlement of all adjustments to
Contract Time and Contract Sum, and compensation for any and all delay, extended or additional
field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment
productivity, differing Site conditions, construction interferences and other extraordinary or
consequential damages (hereinafter called "Impacts"), including any ripple or cumulative effects of
Page 142 of 212
said Impacts on the overa!' Work under the Contract arising directly or indirectly from the
performance of Work described in the Change Order. By executior of any Change Order, Design -
Build Entity agrees that the Change Order constitutes a complete accord and satisfaction with
respect to all claims for schedule extension, Impacts, or any costs of whatever nature, character or
kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure
or course of dealing by the City shall act to waive, modify, change, or alter the requirement that (i)
Change Order's must be in writing, signed by the City and Design -Build Entity and: (ii) that such
written Change Orders are the exclusive method for effectuating any change to the Contract Sum
and/or Contract Time.
6.05 CONSTRUCTION CHANGE DIRECTIVE (FIELD DIRECTIVE)
A. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order. The City may by Construction Change Directive, without invalidating the Contract,
order changes in the Work within the general scope of the Contract consisting of additions,
deletion, or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
B. If the Corstruction Change Directive provides for an adjustment to the Contract Sum, the
adjustment shall be calculated in accordance with Paragraph 6.06 herein (Pricing Changes in the
Work).
C. Upon receipt of the Construction Change Directive, the Design -Build Entity shall promptly proceed
with the change in the Work involved and advise the City of the Design -Build Entity's agreement or
disagreement with the method, if any, provided in the Construction Change Directive, for
determining the proposed adjustment in the Contract Sum or Contract Time.
D. If Design -Build Entity believes a Construction Change Directive constitutes a basis for adjustment
to the Contract Sum or Contract Time, then Design -Build Entity shall give a Notice of Scope
Change provided in Paragraph 6.03, followed by a submisslon of a Change Order Request as
required by Paragraph 6.08. Design -Build Entity shall, if requested by City in such Construction
Change Directive or in a subsequent Construction Change Directive, proceed with the performance
of the Work as described in the Construction Change Directive. Failure of Design -Build Entity to
proceed with the performance of Work, as described in the Construction Change Directive shall
give the City the right to carry out the Work, as set forth in Paragraph 2.05.
A Construction Change Directive signed by the Design -Build Entity indicates the Design -Build
Entity's agreement therewith, including adjustment in Contract Sum and Contract Time or the
method for determining them. Such agreement shall be effective immediately and shall be
recorded as a Change Order,
F. If the Design -Build Entity does not respond promptly or disagrees with the method for adjustment it
the Contract Sum, the method and the adjustment shall be determined by the City on the basis of
reasonable expenditures and savings of those performing the Work attributable to the change,
including, in the case of an increase in the Contract Sum, Allowable Mark -Ups in accordance with
Paragraph 6.06(E) herein.
6.06 PRICING CHANGES IN THE WORK
A. Alternative Methods of Pricing
The amount of any adjustment by Change Order or Construction Change Directive increasing or
decreasing the Contract Sum shall be determined by the Director using one or a combination of the
Page 143 of 212
following methods:
1. Lump Sum. By mutual acceptance of a lump sum proposal from Design -Build Entity properly
itemized and supported by sufficient substantiating data to permit evaluation. Such
proposal shall be based solely on Allowable Costs, as defined in Subparagraph 6,06-C, and
Allowable Mark -Ups, as defined in Subparagraph 6.06-E, and shall not include any costs or
expense that is not permitted by the terms of any provision of the Contract Documents.
2. Unit Prices. By unit prices contained in Design -Build Entity's original Bid and incorporated in
the Contract Documents or fixed by subsequent agreement between City and Design -Build
Entity, Unless otherwise stated in the Request for Proposals Documents, unit prices stated in
the Contract Documents or agreed upon by the County and Design -Build Entity shall be
deemed to include and encompass all Allowable Markups.
3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for
Allowable Mark -Ups on such Allowable Costs.
Deletion of Work. By Unit Prices contained in Design -Build Entity's original Bid and
incorporated in the Contract Documents, or by using the Schedule of Values to determine the
value of the decrease of the Contract Sum, less the value of any Work performed, plus a
reasonable percentage of the decrease for the Design -Build Entity's saved overhead unless
the Schedule of Values allocates general conditions costs to individual line items, in which
case no percentage of the decrease shall be added. When a change consists of both addition
and deletion of Work, the added costs and deleted costs shall be calculated separately, and
then added together, resulting in the net cost for the change. The Allowable Mark -Up shall be
applied to this net cost.
B. Design -Build Entity Maintenance of Daily Records for Changes
1. In the event that Design -Build Entity is directed to perform any Extra Work, or should Design -
Build Entity encounter conditions which the Design -Build Entity believes would obligate the
City to adjust the Contract Sum and/or the Contract Time, Design -Build Entity shall maintain
detailed records of the cost of such changes on a daily basis summarized in a daily report
supplemented by back-up records. Such records shall include without limitation:
a. Labor. At the close of each day on which such Extra Work is performed, Design -
Build Entity shall submit an Extra Work labor report, on forms provided by Director, to
Director that sets forth a list of the actual hours spent in performing the Extra Work,
that clearly differentiates between the labor expended on the Extra Work and other
Work, and the Allowable Costs for such Extra Work performed that day showing the
names of workers, their classifications, hours worked and hourly rates.
b. Materials. Equipment. A list of Allowable Costs of materials and equipment
consumed in the performance of the Extra Work on the day on which such Extra
Work is performed, together with copies of applicable delivery tickets and unit prices
for all materials and for all equipment used the type of equipment, identification
number, hours of operation (including loading and transportation) and hourly/daily
rates involved for that day.
Other Services or Expenditures. A list of other services and expenditures constituting
Allowable Costs incurred in performance of the Extra Work on the day on which such
Page 144 c f _2
Extra Work is performed, along with documentation verifying the amounts thereof in
such detail as Director may require.
In the event that more than one change to the Work is performed by the Design -Build Entity in
a calendar day, Design -Build Entity shall maintain separate records of labor, construction
equipment, materials, and equipment for each such change. In the event that any
Subcontractor of any tier shall provide or perform any portion of any change to the Work,
Design -Build Entity shall require that each such Subcontractor maintain records in accordance
with this Section.
Each daily record maintained hereunder shall be signed by Design -Build Entity; such signature
shall be deemed Design -Build Entity's representation and warranty that all information
contained therein is true, accurate, complete, and relates only to the change referenced
therein. All records maintained by Subcontractors of any tier, relating to the costs of a change
in the Work shall be signed by such Subcontractor's authorized project manager or
superintendent.
All such records shall be forwarded to the Director on the day the Work is performed (same
day) for independent verification. The Director shall attempt to review and reconcile costs for
changes on a daily basis. Records not available on the day on which the Extra Work is
performed, such as, but not limited to, material invoices, shall be submitted as soon as they
are available but not later than five (5) calendar days after the earlier of the day of delivery or
incorporation of the particular item of Extra Work at the Site.
The Director may additionally require authentication of all time and material tickets and
invoices by persons designated by the Director for such purpose. In the event that Design -
Build Entity shall fail or refuse, for any ~eason, to maintain or make available for inspection,
review, and/or reproduction such records, adjustments to the Contract Sum or Contract Time,
if any, on account of any change to the Work may be deemed waived for that day. Design -
Build Entity's obligation to maintain back-up records hereunder is in addition to, and not in lieu
of, any other Design -Build Entity obligation under the Contract Documents with respect to
changes to the Work.
Waiver by Design -Build Entity. Failure to submit such records as are required by this
Paragraph daily shall waive any rights for recovery of Allowable Costs incurred for Extra Work
performed that day. The failure of the Design -Build Entity to secure any required
authentication shall, if the City elects in its sole discretion to treat it as such, constitute a
waiver by the Design -Build Entity of any right to adjustment of the Contract Sum for the
Allowable Cost of all or that portion of the Extra Work covered by such non -authenticated
ticket or invoice.
C. Allowable Costs
The term "Allowable Costs" shall mean in the case of Extra Work actual costs incurred by Design -
Build Entity and/or any Subcontractor, regardless of tier, and necessarily involved in direct
performance of the Extra Work, or in the case of deleted work the actual costs that would have
bee- incurred in performing deleted work by Design -Build Entity and/or any Subcontractor,
regardless of tier, and shall be limited to the following costs:
1. Labor. Straight -time wages or salaries, and overtime wages and salaries specifically
authorized by City in writing, for employees employed at the site, or at fabrication sites off the
site, in the direct performance of the Extra Work or that would have been incurred in the direct
Page 145 of 212
performance of the deleted work, based on the actual cost for wages prevailing locally for each
craft or type of workers at the time the Extra Work is done or the deleted work is ordered
eliminated. Labor costs for equipment operators and helpers shall be reported only when such
costs are not included in the invoice for equipment rental. The use of labor classification which
would increase the Allowable Cost for Extra Work will not be permitted unless Design -Build
Entity establishes the necessity for such additional costs.
Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship
funds and benefits required by lawful collective bargaining agreements for employees on
straight -time wages or salaries, and on overtime wages and salaries specifically authorized by
City in writing, for employees employed at the site, or at fabrication sites off the site, in the
direct performance of the Extra Work or that would have been incurred in the direct
performance of the deleted work.
Materials, Consumables. Costs of materials and consumable items which are furnished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case of deleted work shall be at the lowest price available to Design -Build Entity
but in no event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If
City determines, in its discretion, that the cost of materials is excessive, or if Design -Build
Entity fails to furnish satisfactory evidence of the cost from the actual supplier thereof, then in
either case the cost of the materials shall be deemed to be the lowest wholesale price at which
similar materials are available in the quantities required at the time they were needed. The
City reserves the right to furnish such materials as it deems advisable, and Design -Build Entity
shall have no claim for costs or profits on materials so furnished. Material invoices must be
included with the extra work report to obtain payment.
4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph
5.04-C.3 above.
Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the
performance of the Extra Work or that would have been used ir• the direct performance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate
derived from the most recently published "Rental Rate Blue Book for Construction Equipment"
or the "Rental Rate Blue Book for Older Construction Equipment,' as published by K-111, San
Jose, California, which is in effect at the time of commencement of the changed work. The
Design -Build Entity shall attach a copy of the rate schedule to the daily reports required by
Paragraph 6.06-B, above. The charges for any machinery and equipment shall cease when
the use thereof is no longer necessary for the Extra Work or deleted work. No charge shall be
allowed for use of equipment or tools which have a replacement value of $500 or less, The
allowable rental rates shall include the cost of fuel, power oil, lubrication, supplies, small tools,
necessary attachments, loading, transportation, repairs and maintenance of any kind,
depreciation, storage, insurance, and all incidentals. Notwithstanding the provisions of
Paragraph 6.06-E below, no mark-up shall be allowed for overhead, profit or bond premiums
for use of equipment if the equipment is supplied by an equipment rental firm. If equipment is
used intermittently and, when not in use, could be returned to its rental source at less expense
to City than holding it at the Site, it shall be returned, unless Design -Build Entity elects to keep
it at the Site at no expense to City. Costs incurred while equipment is inoperative due to
breakdowns, regular maintenance, or for non -Working Days shall not be allowed. The rental
time shall include the time required to move the equipment to the Work from the nearest
available source for rental of such equipment and to return it to the source. If such equipment
Page 146 of 212
is not moved by its own power then loading and transportation will be allowed. Neither
moving time nor loading and transportation costs will be paid if the equipment is for use on the
Project unrelated to the Extra Work. All equipment shall be acceptable to City, in good
working condition, and suitable for the purpose for which it is to be used,
6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or
deleted work.
7. Insurance, Bonds, Additional or saved costs of insurance and bonds, provided, however, that
for Extra Work such costs shall not exceed one percent (1 %) of Items 1 through 6 above.
D. Costs Not Allowed
Allowable Costs shall not include any of the following:
1. Wages, salaries, fringe benefits and payroll taxes of Design -Build Entity's and all
Subcontractor's non -craft labor (above a Foreman level);
2. Overhead (including home office overhead), administrative or general expenses of any kind
including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection
with Extra Work:
3. Vehicles not dedicated solely for the performance of the extra of deleted work;
4. Small tools (replacement value not exceeding $500);
5. Office expenses, including secretarial and administrative staff, materials and suppiies;
6. On -site and off -site trailer and storage rental and expenses;
7. Site fencing;
8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;
9. Computer and data processing personnel, equipment and software;
10. Federal, state of local business income and franchise taxes;
11. Losses of efficiency or productivity; and
12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph
6.06-C.
E. Allowable Mark -Up
1. Extra Work by Design -Build Entity (Markup): The following percentages sha!1 be added to the
Design -Build Entity's costs and shall constitute the markup for all overhead and profits:
Labor 33%
Materials 15%
Equipment Rental 15%
Other Items and Expenditures 15%
Page 147 of 212
2. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Design -Build Entity in 6.06.E.1 shall apply to the
Subcontractor's actual costs. A markup of 5% on the subcontracted portion of each extra work
may be added for the Design -Build Entity.
Net Allowable Costs
if anyone scope change involves both Extra Work and deleted work in the same portion of the
Work and the additive allowable costs exceed the deductive allowable costs, the Allowable
Markups on the Extra Work will be only the difference between the two amounts.
6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL RE
City may issue a Construction Change Directive or other written request to Design -Build Entity describing a
proposed change to the Work and requesting the Design -Build Entity submit an itemized change order
proposal in a format acceptable to City within ten (10) calendar days after City issues the request. The
Design -Build Entity's change order proposal shall include an analysis of impacts to cost and time, if any, to
perform additional work, change Work or delete Work, as applicable, including the effects and impacts, if
any, on unchanged Work, estimates of costs (broken down by the cost categories listed in this Paragraph),
and Design -Build Entity's proposed methods to minimize costs, delay, and disruption to the performance of
the Work. If Design -Build Entity fails to submit a written change order proposal within such period of time, it
shall be presumed that the change described in the City's original proposal request will not result in an
increase to the Contract Sum or Contract Time and the change shall be performed by Design -Build Entity
without additional compensation to Design -Build Entity. City's request for itemized change order proposal
request does not authorize the Design -Build Entity to commence performance of the change. If City desires
that the proposed change be performed, the Work shall be authorized according to the Change Order or
Construction Change Directive procedures set forth herein.
6.08 DESIGN -BUILD ENTITY ORIGINATED CHANGE ORDER REQUEST
If the Design -Build Entity believes that instructions issued by the City after the effective date of the Contract
will result in changes to the Contract Sum or Contract Time or if the Design -Build Entity otherwise becomes
aware of the need for or desirability of a change in the Work, Design -Build Entity may submit a written
Change Order Request ("COR") to the City in writing, in a format acceptable to City and in accordance with
the notice provisions and other requirements of Article 7 below for Claims. The COR must specify the
reasons for the proposed change, cost impacts and relevant circumstances and impacts on the Project
Schedule. The document shall be complete in its description of the Work, its material and labor quantities
and detail, and must support and justify the costs and credits claimed by the Design -Build Entity. A Critical
Path Method schedule Fragnet is required to support and justify any additional time of performance
requested by the Design -Build Entity. The City will not review any COR which is incomplete. The Design -
Build Entity may request additional compensation and/or time through a COR but not for instances that
occurred more than ten (10) calendar days prior to the notice date. Design -Build Entity's failure to initiate a
COR within this ten-day period or to provide detailed back-up documentation to substantiate the COR
within thirty (30) calendar days of the initial written notice shall be deemed a waiver of the right to
adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is approved by
the City shall be incorporated in a Change Order or Construction Change Directive. If the COR is denied
but the Design -Build Entity believes that it does have merit, the Design -Build Entity shall proceed with the
disputed Work and may submit a Claim in accordance with the procedures set forth herein.
6.09 CITY -ORIGINATED UNILATERLA WORK DIRECTIVE (UNILATERAL).
In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Design -Build Entity shall continue performance of disputed Work pending resolution
Page 148 of 212
and shall mai stain and subr-it to City all amounting and cost data necessary to substantiate Design-Bui16
Entity's cost of such disputed Work.
[END Oc ARTICLE;
ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS
7.01 GENERAL
A. Payment will be made at the price for each item listed on the bidding form or as Extra Work as
provided in the General Conditions.
Initial progress payment will not be made prior to approval by the Director of the Schedule of Values;
the Project Progress Schedule, and the Schedule of Submittals.
C. No subsequent progress payment will be made prior to receipt by the Director of the monthly revision
of the Project Progress Schedule.
7,02 SCHEDULE OF VALUES FOR PAYME
A. Submission
Upon City's request, the three (3) highest -rated Proposers shall complete and submit a Preliminary
Schedule of Values, within seven (7) calendar days.
In addition, Design -Build Entity shall complete and furnish within seven (7) calendar days after
receiving the Notice of Award of the Design -Build Agreement a Final Schedule of Values giving a
complete breakdown of the Contract Sum for each component of the Work.
B. Content
The Schedule of Values shall be it sufficient detail as the Director may, in its discretion, deem
necessary to evaluate progress at any point in the performance of the Work. bnless otherwise
specified in the Contract Documents, the Schedule of Values shall include, without limitation, a
breakdown of the general categories of Subcontractor work, direct overhead. profit and
contingency, and a further breakdown of the general categories of Subcontractor work into
separate trade line items of costs for Subcontractor services, labor and material, which is based on
actual Subcontractor contract, subcontract, purchase order or vendor prices. If requested by
Director, Design -Build Entity shall revise the Schedule of Values to allocate sums for Design -Build
Entity overhead, profit and/or contingency among the individual line items for trade portions of the
Work. No amounts shall be reflected in the Schedule of Values or Application for Payment for Extra
Work or Deleted Work for which a Change Order has not been executed by Design -Build Entity
and City or for which a Construction Change Directive has not been issued by City. Amounts that
have been mutually agreed to by Change Order or unilaterally determined by City pursuant to a
Construction Change Directive shall be segregated from the cost of the base Contract Work and
separately listed by line item in the Schedule of Values. The Schedule of Values must be prepared
in sufficient detail and supported by sufficient data to substantiate its accuracy as the Director may
require.
C. Applications for Payment
The Schedule of Values; when approved by the Director, shall be used as a basis for Design -Build
Entity's Applications for Payment and may be considered as fixing a basis for adjustments to the
Contract Sum.
Page 150 of 212
D. Revisions
If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a
manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred
by Design -Build Entity, it shall be revised and resubmitted for the Director's approval.
7.03 APPLICATIONS FOR PAYMENT
A. Marked Schedule of Values
Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress
payment meeting, Design -Build Entity shall submit to Director a copy of the proposed Schedule of
Values, marked to show the percentage of completion certified by Design -Build Entity for each line
item in the Schedule of Values, including any stored materials approved for payment by City
pursuant to Paragraph 7.03-D, below and any withholdings from Design -Build Entity proposed by
Director.
B. Monthly Review
For the purpose of expediting the progress payment procedure, Design -Build Entity shall meet with
the Director on or before the twentieth (20th) day of each month to review the Design -Build Entity's
marked Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director
shall revise as appropriate and sign the marked Schedule of Values to verify such review. If any
item in the marked Schedule of Values submitted for payment is disputed during this review,
Design -Build Entity agrees to use its best efforts to resolve the disputed items with the Director
before submitting its Application for Payment. If the Director and Design -Build Entity cannot agree,
then the percentage completion shall be established at such percentage as the Director, in good
faith, determines is appropriate to the actual progress of the Work. No inaccuracy or error in the
Director's good faith estimate shall operate to release Design -Build Entity or Surety from any
responsibility or liability arising from or related to performance of the Work. The Director shall have
the right subsequently to correct any error and dispute any item submitted in Design -Build Entity's
Application for Payment, regardless of whether an item was identified as disputed in the review
process provided for herein.
C. Certification
Each Application for Payment shall be signed and certified by Design -Build Entity under penalty of
perjury to City that:
1. the data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;
2. to the best of Design -Build Entity's knowledge, information and belief, the Work is in
accordance with the Contract Documents;
3, Design -Build Entity is entitled to payment in the amount certified; and
all sums previously applied for by Design -Build Entity on account of Work performed by
Subcontractors and that have been paid by City have been paid to the Subcontractors
performing such Work, without any retention, withholding or backcharge by Design -Build
Entity.
Page 15_. of 212
D. Stored Materials
Payments may be made by City, at its discretion, on account of materials or equipment not
incorporated into the Work but delivered on the ground at the Site and suitably stored by Design -
Build Entity or stored off -Site under the control of City. Such payments shall only be considered
upon submission by Design -Build Entity of satisfactory evidence that it has acquired title to same,
that the material or equipment will be utilized in the Work and that the material s satisfactorily
stored, protected and insured, and that such other procedures are in place satisfactory to City to
protect City's interests, To be considered for payment, materials or equipment stored off -Site shall.
in addition to the above requirements and unless otherwise specifically approved by City in writing,
be stored in a bonded warehouse, fully insured, and available to City for inspection. City shall have
sole discretion to determine the amount of material and equipment that may be stored on the Site
at any given time.
7.04 PROGRESS PAYMENTS
A. Conditions to Progress Payments
Design -Build Entity shall submit its Application for Payment to the Director, using such forms as
required by City, once a month on or before the first (1st) Day of the month following the month in
which the Work that is the subject of such Application for Payment was performed. Without
limitation to any other provisions of the Contract Documents, the following shall be conditions
precedent to a proper submission and to the Director approval of each Application for Payment:
1, submission of a Schedule of Values that reflects the percentages of completion either agreed
to or determined by Director in accordance with Paragraph 7.03-B, above;
2, submission of the Design -Build Entity's certification required by Paragraph 7.03-C, above;
submission of conditional releases of stop notice, if any, and bond rights upon progress
payment, complying with California Civil Code Section 8132, for all Work performed during the
time period covered by the current Application for Payment; signed by Design -Build Entity, its
Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with California Civil
Code Section 8134 for all Work performed during the time period covered by the previous
Application for Payment, signed by Design -Build Entity, its Subcontractors of every tier and all
material suppliers to each;
4. compliance by Design -Build Entity with its obligation for maintenance of As -Built$ as required
by the Contract Documents;
5, compliance by Design -Build Entity with its obligation for submission of monthly and daily
reports as required by the Contract Documents;
6. compliance by Design -Build Entity with its obligations for submission of scheduling information
and updating of the Project Schedule as required by Article 4, above and other provisions of
the Contract Documents pertaining to preparation or updating of schedule information;
7. submission of certified payroll records as required by the Contract Documents;
8. submission of certifications by Design -Build Entity and each Subcontractor as required by
applicable collective bargaining agreements certifying that all employee benefit contributions
Pdgc 152 of 212
due and owing pursuant to any applicable collective bargaining agreement have been paid in
full; and
9. compliance by Design -Build Entity with all of its other obligations for submission of
documentation or performance of conditions which, by the terms of the Contract Documents,
constitute conditions to Design -Build Entity's right to receive payment for Work performed.
B. Payments by City
Pursuant to California Public Contract Code Section 20104,50, City shall make progress payment
of undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and
properly submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of
value determined pursuant to Paragraph 7,03-13 above of the following:
1. the portion of the Work permanently installed and in place;
2. plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D, above,
3. less, the aggregate of previous payments, and
4. less, any other withholdings authorized by the Contract Documents.
C. Rejection by City
Any Application for Payment determined not to be undisputed, proper and suitable for payment
shall be returned to Design -Build Entity as soor, as practicable, but not later than seven (7) Days,
after receipt by City accompanied by a written explanation of the reasons why the payment request
was rejected. Failure by City or Director to either timely reject an Application for Payment or specify
any grounds for rejection shall not constitute a waiver of any rights by City, Applications for
Payment that are rejected shall be corrected and resubmitted within seven (7) Days after receipt by
Design -Build Entity.
D. Interest
If City fails to make a progress payment to Design -Build Entity as required by Paragraph 7.04-B,
above, City shall pay interest to Design -Build Entity equivalent to the legal rate set forth in
subdivision (a) of California Code of Civil Procedure Section 685.010. The number of Days
available to City to make payment pursuant to Paragraph 7.04-B, above without incurring interest
pursuant to this Paragraph shall be reduced by the number of Days by which City exceeds the
seven (7) Day return requirement applicable to City as set forth in Paragraph 7.04-C, above.
7.05 FINAL PAYMENT
A. Retention
In additior to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums otherwise due to Design -Build Entity as progress payments shall be withheld by city
pursuant to Paragraph 7.04-B from each progress payment ("Retention") and retained until such
time as it is due as described herein. A higher Retention amount may be approved by the City
Council where project is deemed "substantially complex" by City Council.
Paqe 153 of 212
B. Conditions to Final Payment
Design -Build Entity shall submit its Application for Final Payment, using such forms as required by
Director, prior to requesting a final inspection of the Work in accordance with Paragraph 3.06
above. Such Application for Final Payment shall be accompanied by all the following:
1. an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's property or funds might be liable have been paid or
otherwise satisfied;
2. Design -Build Entity's certification as required by Paragraph 7.03-C, above:
3. consent of surety, if any, to Final Payment;
4. a certificate evidencing that the insurance required by the Contract Documents is in force;
5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil
Code Section 8136 executed by Design -Build Entity, all Subcontractors of every tier and by all
material suppliers of each, covering the final payment period;
6. Unconditional Waiver and Release Upon Progress Payment in the form required by California
Civil Code Section 8136 executed by Design -Build Entity, all Subcontractors of every tier and
by all material suppliers of each, covering the previous payment period;
7. all Record Documents (including, without limitation, complete and accurate As -Built drawings
which shall be kept up to date during the performance of the Work);
8. documentation that Design -Build Entity has inspected, tested, and adjusted performance if
every system or facility of the Work to ensure that overall performance is in compliance with
the terms of the Contract Documents;
9. four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance
manuals, instructions and related agreements, and equipment certifications and similar
documents;
10. certifications by Design -Build Entity and each Subcontractor as required by applicable
collective bargaining agreements that all employee benefit contributions due and owing
pursuant to any applicable collective bargaining agreement have been paid in full;
11. releases of rights and claims relating to patents and trademarks, as required by the Contract
Documents; and
12. any other documents or information required by the Contract Documents as a condition of
Final Payment or Final Completion.
C. Final Payment
Pursuant to the Public Contract Code Section 7107, withir, sixty (60) Days after City issues the
Notice of Completion to Design -Build Entity, the Final Payment, including Retention, shall be
released to Design -Build Entity, subject to the City's right to withhold 150% of any disputed
amounts.
Page 154 of 212
D. Disputed Amounts
Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts,
including, without limitation, amounts to protect City against any loss caused or threatened as a
result of Design -Build Entity's failing to fully perform all of those obligations that are required to be
fulfilled by Design -Build Entity as a condition to Final Completion and Final Payment. Alternatively,
City may elect, in. its sole discretion, to accept the Work without correction or completion and adjust
the Contract Sum pursuant to the Contract Documents.
E. Acceptance of Final Payment
Acceptance of Final Payment by Design -Build Entity shall constitute a waiver of all rights by
Design -Build Entity against City for recovery of any loss, excepting only those Claims that have
been submitted by Design -Build Entity in the manner required by the Contract Documents prior to
or at the time of the Final Payment.
7.06 MISCELLANEOUS
A. Joint Payment
City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made
payable to Design -Build Entity and any Subcontractor(s) of any Tier. The joint check payees shall
be solely responsible for the allocation and disbursement of funds included as part of any such joint
payment. Endorsement on such check by a payee shall be conclusively presumed to constitute
receipt of payment by such payee. In no event shall any joint check payment be construed to
create any contract between City and a Subcontractor of any Tier, any obligation from City to such
Subcontractor or any third party rights against City or Director.
B. Withholding/Duty to Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to Design -Build Entity shall not operate in any way to relieve Design -Build Entity from its
obligations under the Contract Documents, Design -Build Entity shall continue diligently to
prosecute the Work without reference to the payment, withholding or retention of any payment. The
partial payment, withholding or retention by City in good .faith of any disputed portion of a payment,
whether ultimately determined to be correctly or incorrectly asserted, shall not constitute a breach
by City of the Design -Build Agreement and shall not be grounds for an adjustment of the Contract
Sum or Contract Time.
C. No Acceptance
No payment by City or partial or entire use of the Work by City shall be construed as approval or
acceptance of the Work, or any portion thereof.
D. Design -Build Entity Payment Warranty
Submission of an Application for Payment shall constitute a representation and warranty by
Design -Build Entity that:
1. Title to Work covered by an Application for Payment will pass to City either by incorporation
into the construction or upon receipt of payment by Design -Build Entity, whichever occurs first;
and
Page 155 of 212
2. Work covered by previous Applications for Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the Design -Build Entity or any other
person.
Corrections
No inaccuracy or error in any Application for Payment provided by Design -Build Entity shall operate
to release Design -Build Entity from the error, or from losses arising from the Work, or from any
obligation imposed by the Contract Documents. City retains the right to subsequently correct any
error made in any previously approved Application for Payment, or progress payment issued, by
adjustments to subsequent payments.
7.07 PAYMENTS BY DESIGN -BUILD ENTITY
Design -Build Entity shall not include in its Applications for Payment sums on account of any Subcontractor's
portion of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City,
Design -Build Entity shall pay the Subcontractor performing Work on the Project, out of the amount paid to
Design -Build Entity on account of such Subcontractor's portion of the Work, the amount to which said
Subcontractor is entitled in accordance with the terms of its contract with Design -Build Entity and applicable
laws, including, without limitation, California Public Contract Code Section 7107. Design -Build Entity shall
remain responsible notwithstanding a withholding by City pursuant to the terms of these Contract
Documents, to promptly satisfy from its own funds sums due to all Subcontractors who have performed
Work that is included in Design -Build Entity's Application for Payment. Design -Build Entity shall, by
appropriate agreement, require each Subcontractor to make payments to its subcontractors and material
suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for payment to
a Subcontractor of any tier or material supplier.
7.08 PAYMENTS WITHHELD
A. Withholding by City
In addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sufficient amount of any payment otherwise due to Design -Build
Entity as City, in its sole discretion, may deem necessary to cover actual or threatened loss due to
any of the following:
1. Third Party Claims. Third -party claims or stop notices filed or reasonable evidence indicating
probable filing of such claims or stop notices. City shall promptly inform Design -Build Entity of
any third party claims related to this Contract;
2. Defective Work. Defective Work not remedied;
3 Nonpayment. Failure of Design -Build Entity to make proper payments to its Subcontractors for
services, labor, materials or equipment;
4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid
balance of the Contract Sum or within the Contract Time;
5. Violation of Applicable Laws. Failure of Design -Build Entity or its Subcontractors to comply
with applicable laws or lawful orders of governmental authorities;
Page 156 of 212
6. Penalty. Any claim or penalty asserted against City by virtue of Design -Build Entity's failure to
comply with applicable laws or lawful orders of governmental authorities (including, without
limitation labor laws);
7. Failure to Meet Contract Time. Any damages which may accrue as a result of Design -Build
Entity failing to meet the Project Schedule or failing to perform within the Contract Time;
8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a
withholding offset or set off or that would legally entitle City to a set-off or recoupment;
9. Consultant Services. Additional professional, consultant or inspection services required due to
Design -Build Entity's failure to comply with the Contract Documents;
10. Liquidated Damages. Liquidated damages assessed against Design -Build Entity;
11. Materials. Materials ordered by City pursuant to the Contract Documents;
12. Damages. Loss caused by Design -Build Entity or Subcontractor to City, Separate Design -
Build Entitys or any other person or entity under contract to City;
13. Clean Up. Clean up performed by City and chargeable to Design -Build Entity pursuant to the
Contract Documents;
14. Employee Benefits. Failure of Design -Build Entity to pay contributions due and owing to
employee benefits funds pursuant to any applicable collective bargaining agreement or trust
agreement;
15. Required Documents. Failure of Design -Build Entity to submit on a timely basis, proper and
sufficient documentation required by the Contract Documents, including, without limitation,
Project Schedule updates, 'look ahead' schedules, Submittals, Schedules of Values,
information on Subcontractors, Change Orders, certifications and other required reports or
documentation; and
16. Other Breach. A breach of any obligation or provision of the Contract Documents,
B. Release of Withholding
If and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied,
then payment shall be made for amounts withheld because of them.
C. Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or
threatened loss as City determines, in its sole discretion, to be appropriate, Such payments may
be made without a prior judicial determinatior of City's actual rights with respect to such loss.
Design -Build Entity agrees and �ereby designates City as its agent for such purposes, and agrees
that such payments shall be considered as payments made under Design -Build Agreement by City
to Design -Build Entity. City shall not be liable to Design -Build Entity for such payments made in
good faith. City shall submit to Design -Build Entity an accounting of such funds disbursed on
behalf of Design -Build Entity. As an alternative to such payment, city may, in its sole discretion,
elect to exercise its right to adjust the Contract Sum as provided in the Contract Documents.
Page 157 of 212
D. Continuous Performance
Provided City pays the undisputed portion, if any, of funds withheld in good faith, Design -Build Entity
shall maintain continuous and uninterrupted performance of the Work during the pendency of any
disputes or disagreements with City.
7.09 SUBSTITUTION OF SECURITIES
A. Public Contract Code
Pursuant to the requirements of California Public Contract Code Section 22300, upon Design -Build
Entity's request, City will make payment to Design -Build Entity of any funds withheld from payments
to ensure performance under the Contract Documents if Design -Build Entity deposits with City, or in
escrow with a California or federally chartered bank in California acceptable to City ("Escrow Agent"),
securities eligible for the investment of State Funds under Government Code Section 16430, or bank
or savings and ban certificates of deposit, interest -bearing demand deposit accounts, standby letters
of credit, or any other security mutually agreed to by the Design -Build Entity and the City, upon the
following conditions:
Design -Build Entity shall be the beneficial owner or any securities substituted for monies
withheld for the purpose of receiving any interest thereon.
2. All expenses relating to the substitution of securities under Public Contract Code Section
22300 and under this Paragraph 7.04, including, but not limited to City's overhead and
administrative expenses, and expenses of Escrow Agent shall be the responsibility of Design -
Build Entity.
3. Securities or certificates of deposit substituted for monies withheld shall be of a value of at
least equivalent to the amounts of retention to be paid to Design -Build Entity pursuant to the
Contract Documents.
4. If Design -Build Entity chooses to deposit securities in lieu of monies withheld with an Escrow
Agent, Design -Build Entity, City and Escrow Agent shall, as a prerequisite to such deposit;
enter into an escrow agreement, using the City's form, "Escrow Agreement for Deposit of
Securities in Lieu of Retention."
5. Contactor shall obtain the written consent of Surety to such agreement,
6. Securities, if any, shall be returned to Design -Build Entity only upon satisfactory Final
Completion of the Work.
B. Substitute Security
To minimize the expense caused by such substitution of securities, Design -Build Entity shall, prior to
or at the time Design -Build Entity requests to substitute security, deposit sufficient security to cover
the entire amount to be withheld. Should the current market value of such substituted security fal'
below the amount for which it was substituted, or any other amounts which the City withholds
pursuant to the Contract Documents, Design -Build Entity shall immediately and at Design -Build
Entity's expense and at no cost to City deposit additional security qualifying under Public Contract
Code Section 22300 until the current market value of the total security deposited is no less than the
amount subject to withholding under the Contract Documents. Securities shall be valued as often as
conditions of the securities market warrant, but in no case less frequently than once per month,
Page 158 of 212
C. Deposit of Retentions
Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of
Design -Build Entity, City shall make payment of retentions directly to Escrow Agent at the expense
of Design -Build Entity, provided that Design -Build Entity, City and Escrow Agent shall, as a
prerequisite such payment, enter into an escrow agreement in the same form as prescribed in Part
4 of Paragraph A, above. At the expense of Design -Build Entity and at no cost to City, Design -
Build Entity may direct the investment of the payments into securities and interest bearing
accounts, and Design -Build Entity shall receive the interest earned on the investments. Escrow
Agent shall hold such direct payments by City under the same terms provided herein for securities
deposited by Design -Build Entity. Upon satisfactory Final Completion of the Work, Design -Build
Entity shall receive from Escrow Agent all securities, interest and payments received by Escrow
Agent from City, less escrow fees and charges of the Escrow Account, according to the terms of
Public Contract Code Section 22300 and the Contract Documents,
D. Time for Election of Substitution of Securities
Notwithstanding the provision of 7,04 A, B, and C above and California Public Contract Code Section
22300, the failure of Design -Build Entity to request the Substitution of eligible securities for monies to
be withheld by City within ten (10) days of the award of Contract to Design -Build Entity shall be
deemed to be a waiver of all such rights.
7.10 CLAIMS
A. Arising of Claim.
1. Scope Change, When Design -Build Entity has a claim for an increase in the Contract Sum or
Contract Time due to a scope change which has not yet become final, a "claim" will be
deemed to arise once the Director has issued a decision denying, in whole or in part, the
Design -Build Entity's Change Order Request.
Other Claims. In the case of a Claim by Design -Build Entity that does not involve an
adjustment to the Contract Sum or Contract Time due to a scope change and which has not
become final, the Claim may be asserted if, and only if, Design -Build Entity gives written notice
to City of intent to file the Claim within three (3) days of the date of discovery relative to such
circumstances (even if Design -Build Entity has not yet been damaged or delayed). Such
written notice of intent to file a Claim shall be valid if, and only if, it identifies the event or
condition giving rise to the Claim, states its probable effect, if any with respect to Design -Build
Entity's entitlement to an adjustment of the Contract Sum or Contract Time and complies with
the requirements of Paragraph 7.11-B, below. For purposes of this Paragraph 7.11, a Claim
for which such written notice is required and has been given by Design -Build Entity shall be
deemed to arise on the date that such written notice is received by City,
B. Content of Claim
A Claim by Design -Build Entity must include all of the following:
1. A statement that it is a Claim and a request for a decision on the Claim;
A detailed description of the act, error, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.
Page 159 of 212
3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of time in accordance
with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract
Time due to a change in scope, a statement demonstrating that a notice of intent to file the
Claim was timely submitted as required by Paragraph 7.10-A.2, above;
4. A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the form' required for submittal of Change Order Requests and
actual job cost records demonstrating that the costs have beer incurred;
5. If the Claim involves a request for adjustment of the Contract Time, written documentation
demonstrating that Design -Build Entity has complied with the requirements of the Contract
Documents and written substantiation (including, without limitation, a Time Impact Analysis)
demonstrating that Design -Build Entity is entitled to an extension of time under the Contract
Documents; and
6. A written certification signed by a managing officer of Design -Build Entity's organization, who
has the authority to sign contracts and purchase orders on behalf of Design -Build Entity and
who has personally investigated and confirmed the truth and accuracy of the matters set forth
in such certification, in the 'following form:
"I hereby certify under penalty of perjury that i am a managing officer of (Design -Build Entity's
name) and that I have reviewed the Claim presented herewith on Design -Build Entity's behalf
and/or on behalf of (Subcontractor's name) and that, to the best of my knowledge after
conducting a diligent inquiry into the facts of the Claim, the following statements are true and
correct:
The facts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know of any facts or circumstances, not alleged in the Claim, that by
reason of their not being alleged render any fact or statement alleged in the
Claim materially misleading; and,
(b) I have, with respect to any request for money or damages alleged in or that
forms the basis for the Claim, reviewed the job cost records (including those
maintained by Design -Build Entity and by any Subcontractor, of any tier, that is
asserting all or any portion of the Claim) and confirmed with reasonable certainty
that the losses or damages suffered by Design -Build Entity and/or such
Subcontractor were in fact suffered in the amounts and for the reasons alleged in
the Claim; and,
(c) I have, with respect to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Design -Build
Entity and the Subcontractor, of any tier, that is asserting all or any portion of the
Claim) and confirmed on an event -by -event basis that the delays or disruption
suffered by Design -Build Entity and/or such Subcontractor were in fact
experienced for the durations, in the manner, and with the consequent effects on
the time and/or sequence of performance of the Work, as alleged in the Claim;
Page 160 of 212
and,
(d) I have not received payment from City for, nor has Design -Build Entity previously
released City from, any portion of the Claim."
Signature:
Name:
Title:
Company
C. Noncompliance
Date:
Failure to submit any of the information, documentation or certifications required by Paragraph
7.10-8, above, shall result in the Claim being returned to Design -Build Entity without any decision.
D. Submission of Claims
1. Director. Claims shall be first submitted to the City for decision by the Director.
2. Continuous Work. Notwithstanding the making of any Claim or the existence of any dispute
regarding any Claim, unless otherwise directed by City, Design -Build Entity shall not delay,
slow or stop performance of the Work, but shall diligently proceed with performance in
accordance with the Contract Documents and City will continue, to make undisputed payments
as by the Contract Documents.
3. Time for Filing. All Claims and supporting documentation and certifications must be filed
within thirty (30) days after the Claim arises. No Claims shall be filed after Final Payment.
4. Conditions Precedent. No Claim may be asserted unless Design -Build Entity has strictly
complied with the requirements of this Paragraph 7.10-D, which shall be considered conditions
precedent to Design -Build Entity's right to assert the Claim and to initiate the Dispute
Resolution Process with respect to such Claim.
E. Response to Claims, Meet and Confer
Claims less than $50,000. Claims less than $50,000 shall be responded to by City in writing
within forty-five (45) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within fifteen (15) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Design -Build Entity in
producing the additional information or documentation, whichever is greater.
2. Claims $50,000 or more, Claims $50,000 or more shall be responded to by City in writing
within (60) days of receipt of the Claim, unless City requests additional information or
documentation of the Claim within thirty (30) days of receipt of the Claim, in which case City
shall respond to the Claim within thirty (30) days after receipt of the further information or
documentation or within a period of time no greater than that taken by Design -Build Entity in
producing the additional information or documentation, whichever is greater.
Paqe 161 of 212
3. Meet and Confer. If Design -Build Entity disputes City's response, or if City fails to respond
within the prescribed time set forth .n Paragraph 7.10-E.1 and 7.10-E.2, above, Design -Build
Entity may so -otify City, .r writing, withir fifteen (15) days of City's response, or within fifteen
(15) days of City's response due date in the event of a failure to respond, and demand an
informal conference to meet and confer for settlement of the issues in dispute. Upon such
demand, City shall schedule a meet and confer conference within thirty (30) days of such
demand; `or discussion c` settlement of the dispute.
Finality of Decision
If Design -Build Entity disputes the Director's decision under tHs Article, it shall commence the
Dispute Resolution Process as set forth in Article 15 of these General Conditions by filir,g a
Statement of C'spute within sever (7) days after receipt of the Director's response.
G Co^.tinuing Contract Performance/Duty to proceed with Disputed Work
Design -Build Entity shall not delay or postpone any Work pending resolution of any claims, disputes
or disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with
performance of the Contract and the City shall continue to make payments for undisputed Work in
accordance with the Contract Documents. In the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Design -Build Entity shall continue performance pending
resolution of the dispute and shall maintain the accounting and cost data to sibstantiate the cost of
such disputed work.
[END OF ARTICLE]
Page 162 of 212
ARTICLE 8 - MATERIALS AND EQUIPMENT
8.01 GENERAL
A. The Design -Build Entity shall furnish all materials and equipment needed to complete the Work and
installations required under the terms of this Contract, except those materials and equipment
specified to be furnished by the City.
B. The Design -Build Entity shall submit satisfactory evidence that the materials and equipment to be
furnished and used in the work are in compliance with the Specifications. Materials and equipment
incorporated in the Work and not specifically covered in the Specifications shall be the best of their
kind. Unless otherwise specified, all materials and equipment incorporated in the Work under the
Contract shah be new.
8.02 QUALITY AND WORKMANSHIP
All material and equipment furnished by the Design -Build Entity shall be new, high grade, and free from defects
and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be of the specified quality and equal to approved
samples, if samples have been required. All Work shall be done and completed in a thorough, workmanlike
manner, notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the
Design -Build Entity to call attention to apparent errors or omissions and request instructions before proceeding
with the Work. The Director may, by appropriate instructions, correct errors and supply omissions, which
instructions shall be binding upon the Design -Build Entity as though contained in the original Specifications or
Drawings. All Work performed under the Specifications will be inspected by the Director as provided in
Paragraph 8.04. All materials and equipment furnished and all Work done must be satisfactory to the Director.
Work, material, or equipment not in accordance with the Specifications, in the opinion of the Director shall be
made to conform thereto. Unsatisfactory materials and equipment will be rejected, and if so ordered by the
Director, shall, at the Design -Build Entity's expense, be immediately removed from the vicinity of the Work.
8.03 TRADE NAMES AND "OR APPROVED EQUAL" PROVISION
Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended
to indicate a measure of quality and utility or a standard, Except in those instances where the product is
designated to match others in use on a particular improvement either completed or in the course of completion,
the Design -Build Entity may substitute any other brand or manufacture of equal appearance, quality, and utility
on approval of the Director, provided the use of such brand or manufacture involves no additional cost to the
City.
8.04 APPROVAL OF MATERIALS
A. The Design -Build Entity shall furnish without additional cost to the City such quantities of construction
materials as may be required by the Director for test purposes. He/she shall place at the Director's
disposal all available facilities for and cooperate with him in the sampling and testing of all materials
and workmanship. The Design -Build Entity sha!' prepay all shipping charges on samples. No samples
are to be submitted witl- the bids unless otherwise specified.
B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples
shall be mailed to the Director by the Design -Build Entity. Both the label on the sample and the letter
of transmittal shall indicate the material represented, its place of origin, the names of the producer
and the Design -Build Entity, the Specifications number and title, and a reference to the applicable
Drawings and Specifications paragraphs.
Page 163 of 212
C. Materials or equipment of which samples are required shall not be used on the Work until approval
has been given by the Director in writing. Approval of any sample shall be only for the characteristics
of the uses named in such approval and no other. No approval of a sample shall be taken in itself to
change or modify any Contract requirement.
D. Failure of any material to pass the specified tests, including life cycle maintenance data may be
sufficient cause for refusal to consider under this Contract, any further sample of the same brand or
make of that material.
8.05 ORDERING MATERIALS AND EQUIPMENT
One copy of each of the Design -Build Entity's purchase orders for materials and equipment forming a portion
of the Work must be furnished to the Director, if requested. Each such purchase order shall contain a
statement that the materials and equipment included in the order are subject to inspection by the City.
Materials and equipment purchased locally will, at the City's discretion, be inspected at the point of
manufacture or supply, and materials and equipment supplied from points outside the Los Angeles area will be
inspected upon arrival at the job, except when other inspection requirements are provided for specific materials
in other sections of the Contract Documents.
8.06 AUTHORITY OF THE DIRECTOR
A. On all questions concerning the acceptability of materials or machinery, the classification of materials,
the execution of the Work, and conflicting interests of Design -Build Entity's performing related work,
the decision of the Director shall be final and binding.
B. The Director will make periodic observations of materials and completed work to observe their
compliance with Drawings, Specifications, and de: ign and planning concepts, but he/she is not
responsible for the superintendence of construction processes, site conditions, operations,
equipment, personnel, or the maintenance of a safe place to work or any safety in, on, or about the
site of work.
8.07 INSPECTION
All materials furnished and work done under this Contract will be subject to rigid inspection. The Design -Build
Entity shall furnish, without extra charge, the necessary test pieces and samples, including facilities and labor
for obtaining them, as requested by the Director. The Director, or hislher authorized agent or agents, at all
times shall have access to all parts of the shop and the works where such materials under hislher inspection is
being manufactured or the work performed. Work or material that does not conform to the Specifications,
although accepted through oversight, may be rejected at any stage of the Work. Whenever the Design -Build
Entity is permitted or directed to do night work or to vary the period during which work is carried on each day,
he/she shall give the Director due notice; so that inspection may be provided. Such work shall be done under
regulations to be furnished in writing by the Director.
8.08 INFRINGEMENT OF PATENTS
The Design -Build Entity shall hold and save the City, its officers, agents, servants, and employees harmless
from and against all and every demand or demands, of any nature or kind, for or on account of the use of any
patented invention, process, equipment, article, or appliance employed in the execution of the Work or
included in the materials or supplies agreed to be furnished under this Contract, and should the Design -Build
Entity, his/her agents, servants, or employees, or any of them, be enjoined from furnishing or using any
invention, process, equipment, article, materials, supplies or appliance supplied or required to be supplied or
used under this Contract, the Design -Build Entity shall promptly substitute other inventions, processes,
Page 164 of 212
equipment, articles, materials, supplies, or appliances in lieu thereof, of equal efficiency, quality, finish,
suitabiiity, and market value, and satisfactory in a" respects to the Director. Or in the event that the Director
elects, in lieu of such substitution, to have, supplied, arid to retain and use any such invention, process,
equipment, article, materials, supplies, or appliances. as may by this Contract be required to be supplied and
used, in that event the Design -Budd Entity shah at his/her expense pay such royalties and secure such valid
licenses as may be requisite and necessary to enable the City, its officers, agents, servants, and er-ployees,
or any of them, to use such invention, process, equipment, article, materials, supplies, or appliances without
being disturbed or in way interfered with by any proceeding in law or equity or, accourt thereof. Should the
Design -Build Entity neglect or refuse promptly to make the substitution hereinbefore required, or to pay such
royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid, then in that
event the Director shall have the right to make such substitution, or the City may pay such royalties and secure
such licenses and charge the cost thereof against any money due the Design -Build Entity from the City, or
recover the amount thereof from hi -'her and his/her surety, notwithstanding final payment under this Contract
may have been made.
[END OF ARTICLE]
Page 165 of 212
ARTICLE 9 — SUBMITTALS
9.0" GENERAL
A. The Design -Build Entity shall submit samples, drawings, and data for the Director's approval which
demonstrate fully that the design of the closure devices meets the requirements of the Request For
Proposal documents and that construction, and the materials and equipment to be furnished will
comply with the provisions and intent of the Design -Build E-tity-provided Drawings and
Specifications.
B. Specific items to be covered by the submittals sha include, as a minimum, the following:
1. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.
2. For conduits, submit a detailed layout of the conduit with details of bends and fabricated
specials and furnish any other details necessary Show location of shop and field welds.
3. For equipment which requires electrical service, submit detailed informa}'or to show
power supply requirements, wiring diagrams, control and protection schematics, shop test
data, operation and maintenance procedures, outline drawings, and ranufacturer's
recommendation of the interface/interlock among the equipment.
4. For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manufacturer's recommended nsta,.ation
procedure, detailed installation drawings, test data and curves, maintenance manuals,
and other details necessary.
5. Samples
6. Colors
7. Suostitutions
8. Manuals
9. As -built drawings
1 C. Safety plans required by Article 10
9.02 PRODUCT HANDLING
A. Submittals shall be accompanied by a letter of transmittal and shall be n strict accc-dance with the
provisions of this Article.
B. Submit priority of processing when appropriate.
9.03 SCHEDULE OF SUBMIT —ASS
A. The Design -Build Entity shall prepare and submit a schedule of submittals. The schedule of
submittals shall be in the form of a submittal log. Refer to Paragraph 9.12.
Payer: 166 of 2"_2
9.04 SHOP DRAWINGS
A. All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the
item and its method of connection to the Work.
B. All shop drawing prints shall be made in blue or black line on white background. Reproductions of
City/Contract Drawings are not acceptable.
C. The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's
standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of
each drawing and shall be clear of all line Work, dimensions, details, and notes.
Sheet Sizes
Heiqht X Width
11 " X 81 /2"
1"'X17"
24" X 36"
30" X 42"
9.05 COLORS
Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts
to the Director for his/her review and selection whenever a choice of color or pattern is available in a specified
product. Label each chart naming the source, the proposed location of use on the project, and the project.
9.06 MANUFACTURERS' LITERATURE
Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly
show which portions of the contents are being submitted for review.
9,07 SUBSTITUTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract
Documents. Any Design -Build Entity proposed substitutions are subject to the Director's approval.
The Director will consider proposals for substitution of materials, equipment, and methods only when
such proposals are accompanied by full and complete technical data, and all other information,
including life cycle maintenance data, required by the Director to evaluate the proposed substitution.
B. Any requests for substitutions by the Design -Build Entity must be made within forty-five (45) calendar
days from the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be
considered.
C. Trade names and "or approved equal" provision as set forth in Paragraph 8.03.
9.08 MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit
such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals
shall be submitted in electronic format. Manuals shall contain at least the following:
Identification on, or readable through, the front cover stating general nature of the manual.
Page 167 of 212
2. Neatly typewritten index near the front of the manual, furnishing immediate information as to
location in the manual of all emergency data regarding the installation.
3. Complete instructions regarding operation and maintenance of all equipment involved.
4. Complete nomenclature of all replaceable parts, their part numbers, current cost, and name
and address of nearest vendor of parts.
5. Copy of all guarantees and warranties issued.
6. Copy of drawings with all data concerning changes made during construction.
B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items
included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which
this installation is not concerned.
9.09 AS -BUILT DRAWINGS
A. When required to be submitted covering items included in this Work, the Design -Build Entity shall
deliver to the City one complete set of final As -Built hard copy drawings together with a set of
AutoCAD drawing files in electronic format showing completed building, "as -built" for City records
before the Contract will be accepted by the City.
B. The drawings shall be duplicates and at the same size and dimensional scale as the originals. They
shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch
(.08mm).
C. The legibility and contrast of each drawing submitted to the City shall be such that every line, number,
letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the
drawing.
9.10 SUBMITTALS QUANTITIES
A. Submit seven (7) copies of all data and drawings unless specified otherwise.
B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be
retained by the Director.
9.11 IDENTIFICATION OF SUBMITTALS
Completely identify each submittal and re -submittal by showing at least the following information:
A. Name and address of submitter: plus name and telephone number of the individual who may be
contacted for further information.
B. Name of project as it appears in the Contract Documents and Specification No.
C. Drawing number and Specifications section number other than this section to which the submittal
applies.
D. Whether this is an original submittal or re -submittal.
E. For samples, indicate the source of the sample.
Page 168 of 212
9.12 SCHEDULE OF SUBMITTALS
A. Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to
Proceed.
Submit revised schedule of submittals within five (5) Working Days after date of request from the
Director.
C. The Director will review schedule of submittals and will notify Design -Build Entity that schedule is
acceptable or not acceptable within five (5) Working Days after receipt.
9.13 COORDINATION OF SUBMITTALS
A, Prior to submittal for the Director's review, use all means necessary to fully coordinate all material,
including the following procedures:
1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar
data.
2. Coordinate as required with all trades and with all public agencies involved.
3. Secure all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.
4. Clearly indicate all deviations from the Specifications.
B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing a!'
associated items; the Director may reject partial submittals as not complying with the provisions of the
Specifications.
9.14 TIMING FOR SUBMITTALS
A. Make all submittals far enough in advance of scheduled dates of installation to provide all required
time for reviews, for securing necessary approvals, for possible revision and re -submittal, and for
placing orders and securing delivery.
B. In scheduling, allow at least 15 Working Days for the Director's review, plus the transit time to and
from the City office.
C. Manuals shall be submitted prior to performing functional tests.
9.15 APPROVAL BY CITY
A. Up to three (3) copies of each submittal, except manuals, schedule of costs for progress payments,
and as -built drawings will be returned to the Design -Build Entity marked "No Exceptions Taken,"
"Make Corrections Noted - Do Not Resubmit," or "Make Corrections Noted - Resubmit." Manuals,
schedule of costs, and as -built drawings will be returned for re -submittal if incomplete or
unacceptable.
B. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.
C. If submittal is returned for correction, it will be marked to indicate what is unsatisfactory.
Page 169 of 212
D. Resubmit revised drawings or data as indicated, in five (5) copies.
E. Approval of each submittal by the Director will be general only and shall not be construed as:
1. Permitting any departures from the Specifications requirements.
2, Relieving the Design -Build Entity of the responsibility for any errors and omissions in details,
dimensions, or of other nature that may exist.
3. Approving departures from additional details or instructions previously furnished by the Director.
9.16 CHANGES TO APPROVED SUBMITTALS
A. A re -submittal is required for any proposed change to an approved submittal. Changes which require
re -submittal include, but are not necessarily limited to, drawing revisions, changes in materials and
equipment, installation procedures and test data. All re -submittals shall include ap explanation of the
necessity for the change.
B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy".
[END OF ARTICLE]
Page 170 of 212
ARTICLE 10 - SAFETY
10.01 PROTECTION OF PERSONS AND PROPERTY
A. Design -Build Entity's Responsibility; Notwithstanding any other provision of the Contract Documents,
the Design -Build Entity shall be solely and completely responsible for conditions of the job site,
including safety of all persons and property, during performance of the Work. This requirement will
apply continuously and will not be limited to normal working hours. Safety and sanitary provisions
shall conform to all applicable Federal, State, County, and local laws, regulations, ordinances,
standards, and codes. Where any of these are in conflict, the more stringent requirement shall be
followed.
B. Sanitary Facilities, The Design -Build Entity shall furnish and maintain sanitary facilities by the
worksites for the entire construction period.
C. Protection of the Public. The Design -Build Entity shall take such steps and precautions as his/her
operations warrant to protect the public from danger, loss of life, loss of property or interruption of
public services. Unforeseen conditions may arise which will require that immediate provisions be
made to protect the public from danger or loss, or damage to life and property, due directly or
indirectly to prosecution of work under this contract. Whenever, in the opinion of the Director, a
condition exists which the Design -Build Entity has not taken sufficient precaution of public safety,
protection of utilities and/or protection of adjacent structures or property, the Director will order the
Design -Build Entity to provide a remedy for the condition. If the Design -Build Entity fails to act on the
situation within a reasonable time period as determined by the Director, or in the event of an
emergency situation, the Director may provide suitable protection by causing such work to be done
and material to be furnished as, in the opinion of the Director, may seem reasonable and necessary.
The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall
be borne by the Design -Build Entity. All expenses incurred by the City for emergency repairs will be
deducted from the final payment due to the Design -Build Entity.
10,02 PROTECTION FROM HAZARDS
A. Trench Excavation
Excavation for any trench four (4) feet or more in depth shall not begin until the Design -Build Entity
has received approval from the Director of the Design -Build Entity's detailed plan for worker protection
from the hazards of caving ground during the excavation of such trench. Such plan shall show the
details of the design of shoring, bracing, sloping or other provisions to be made for worker protection
during such excavation. No such plan shall allow the use of shoring, sloping or protective system less
effective than that required by the Construction Safety Orders of the Division of Occupational Safety
and Health, and if such plan varies from the shoring system standards established by the
Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered
as a Civil or Structural Director in the State of California.
B. Confined Spaces
Design -Build Entity shall comply with all of the provisions of General Industry Safety Orders of the
California Code of Regulations. Entry of a confined space shall not be allowed until the Design -Build
Entity has received approval from the Director of the Design -Build Entity's program for confined space
entry. Confined space means a space that (1) Is large enough and so configured that an employee
can bodily enter and perform assigned Work; and (2) Has limited or restricted means for entry or exit
Page 171 of 212
(for example, tanks, vessels, silos, storage bins, hoppers, vaults, and pits are spaces that may have
limited means of entry); and (3) Is not designed for continuous employee occupancy. Failure to
submit a confined space entry program may result in actions as provided in Article 5: "Suspension or
Termination of Contract."
C. Material Safety Data Sheet
Design -Build Entity shall comply with all of the provisions of General Industry Safety Orders of the
California Administrative Code. The Design -Build Entity shall submit to the Director a Material Safety
Data Sheet (MSDS) for each hazardous substance proposed to be used, ten (10) days prior to the
delivery of such materials to the job site or use of such materials at a manufacturing plant where the
Director is to perform an inspection. For materials which are to be tested in City laboratories, the
MSDS shall be submitted with the sample(s). Hazardous substance is defined as any substance
included in the list (Director's List) of hazardous substances prepared by the Director, California
Department of Industrial Relations, pursuant to Labor Code Section 6382. Failure to submit an
MSDS for any hazardous substance may result in actions as provided in Article 5, "Suspension or
Termination of Contract".
10.03 DIFFERING SITE CONDITIONS
A. Differing Site Conditions Defined. The Design -Build Entity shall promptly, and before such conditions
are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions
are those conditions, located at the project site or in existing improvements and not otherwise
ascertainable by Design -Build Entity through the exercise of due diligence in the performance of its
inspection obligations in the Contract Documents, encountered by Design -Build Entity in digging
trenches or other excavations(s) that extend deeper than four feet below the surface of the ground
that constitute:
1. Material that the Design -Build Entity believes may be material that is hazardous waste as defined
in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I,
Class Il, or Class III disposal site in accordance with provisions of existing law.
2. Subsurface or latent physical conditions at the site differing materially from those indicated in
these Contract Documents.
3. Unknown physical conditions at the site, of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in Work of the character provided
for in these Contract Documents.
B. Notice by Design -Build Entity. If the Design -Build Entity encounters conditions it believes constitute
Differing Site Conditions, then notice of such conditions shall, before such conditions are disturbed,
be promptly reported to the Director followed within twenty-four (24) hours by a further written notice
stating a detailed description of the conditions encountered.
C. The Director will promptly investigate the conditions and If he/she finds that such conditions do
materially differ, or do involve hazardous waste, and do cause an increase or decrease in the Design -
Build Entity's cost of, or time required for, performance of any part of the Work under this Contract, an
equitable adjustment will be made, as determined by the Director.
D. Change Order Request. If Design -Build Entity intends to seek an adjustment to the Contract Sum or
Contract Time based upon Differing Site Conditions, it must, within ten (10) Days after the Discovery
Date relative to such conditions, submit a Change Order Request setting forth a detailed cost
Page 172 of 212
breakdowr and T'me Impact Analysis, ,n the form required by Article 6 of these General Conditions,
of the additions Allowabie Costs and Excusabie Delay rest iting from such Mering Site Conditions.
E Fa ure to Comply. Failure by Design -Build Ent,Ly to strictly comply with the requirements of this
Paragraph 10,03 concerning the timing and content of any notice of Differing Site Conditions or
request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be
deemed waiver of any right by the Design -Build Entity for an adjustment :- the Cc -tract Sum or
Contract Time by reason of such conditions.
F. Final Completion. No claim by the Design -Build Entity for additional compensation for Differing Site
Conditions sra" be allowed if asserted after Final Payment.
G. Ir the event of disagreement between the Design -Build Entity and the Director whether the conditions
do materiaiiy differ or whether a hazardous waste is .nvolved cr whefher the conditions cause an
increase or decrease in the Design -Build Entity's cost of, or time required for, performance of any part
of the Work the Design -Build Entity shall not be excused from any completion date required by the
Contract, but shall procetd with all Work to be performed under the Contract Documents.
H. The Design -Build Entity shall retain all rights provided by, and shall be subject to all requirements of,
this Contract which pertain to the resolution of disputes and protests.
Desiqn-Build Entity Responsibility. Except as otherwise provided in this Paragrap" 10.03 for Di"eying
Site Conditions, Design -Build Entity agrees to solely bear the risk of additional cost and Delay due to
concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements,
without adjustment to the Contract Sum or Contract " me.
1C.04 TRAFFIC REGULATION
A. During the performance of the Work the Design -Build Entity shall erect and maintain necessary
temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as sha be
appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she
shall take other precautions as necessary for put'ic safety ,nouding, but not limited to traffic control.
Traffic control shall be conducted in acco•dance with the latest editor of the Work Area Traffic
Control ("WATCH") handbook, published by BNi Books, and as directed and approved by the City
Traffic and Transportation Administrator.
B. Design -Build E-tity sha submit at least ten (10) Working Days prior to Work a detailed traffic cortrol
plan, that is approved by all agencies having jurisdiction and that conforms to a regUrements of the
Specifications.
C. No changes or aeviations from the approved detailed traffic control plan shall be made except
temporary changes in emergency situations, without prior approval of the City Traffic and
—ransportation Administrator and all agencies havir.g jurisdictio~
Design -Build Entity shall immediately notify the Director, the City '7affic and Transportation
Administrator and the agencies having jurisdicf )� of occurrer.ces trat necessitate modification of the
approved traffic control plan.
D. Design -Build Entity's failure to comply with this provision may �esult in actions as provided it Article 5:
'Suspension or Termination of Contract' of these General Conditions.
Page 173 of 212
10.05 TRAFFIC CONTROL DEVICES
A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall
conform to the requirements of the WATCH handbook or the manual of traffic control, whichever is
more stringent, and as approved by the City Traffic and Transportation Administrator,
1. Portable signals shall not be used unless permission is given in writing by the agency having
jurisdiction.
2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized
signs" shall have a reflectorized background and shall conform to the current State of California
Department of Transportation specification for reflective sheeting on highway signs.
B. If the Design -Build Entity fails to provide and install any of the signs or traffic control devices required
herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by
others, charge the costs therefore against the Design -Build Entity, and deduct the same from the next
progress payment.
10.06 EXECUTION
A. The Design -Build Entity shall provide written notification to the Police Department, Traffic Bureau
(323) , at least two (2) weeks prior to the beginning of construction at any
particular location. Notification will include the specific location, project dates, what lanes of the
roadway will be closed and when. Also the construction project manager's name and business phone
number and the construction inspectors name and business phone number.
B. The Design -Build Entity shall notify by telephone, the Police Department, (323)
at the completion of any posting of temporary no parking signs. Notification will include the times,
dates and locations of the posting. When vehicles must be towed for violation of temporary no
parking signs, the person who actually posted the signs, or on -view supervisor of that posting, will be
present to answer pertinent questions that may be asked by the parking enforcement officer or police
officer towing the vehicles.
C. The Design -Build Entity shall notify the Vernon Fire Department, on a daily basis during the entire
period that construction is in progress whenever roadways are reduced in width or blocked,
Notification shall be made to the Fire Dispatch (323) and the Design -Build
Entity shall provide the information required to identify which roadways would have accessibility
problems due to his/her operations. The Design -Build Entity shall submit to Fire Department
schedule of Work for their use and files.
D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the
fences subject to interference shall be kept up by the Design -Build Entity until the Work is finished.
Except where public roads have been approved for closure, traffic shall be permitted to pass through
designated traffic lanes with as little inconvenience and delay as possible.
E. Where alternating one-way traffic has beer authorized, the maximum time that traffic will be delayed
shalt be posted at each end of the one-way traffic section. The maximum delay time shall be
approved by the agency having jurisdiction,
Design -Build Entity shall install temporary traffic markings where required to direct the flow of traffic
and shall maintain the traffic markings for the duration of need. Design -Build Entity shall remove the
markings by abrasive blasting when no longer required.
Page 174 of 212
G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and
kept in good condition.
H. When leaving a Work area and entering a roadway carrying public traffic, the Design -Build Entity's
equipment, whether empty or loaded, shall in all cases yield to public traffic,
10.07 FLAGGING
A. Design -Build Entity shall provide flaggers to control traffic where required by the approved traffic
control plan.
1. Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the current "Instructions to Flaggers" of the California Department of
Transportation.
Z Flaggers shall be employed full time on traffic control and shall have no other duties.
10.08 PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Refer to City of Vernon for requirements for building or access road safety improvements that the Design -Build
Entity shall construct during construction period. These devices or improvements, as the City deems
necessary or prudent, shall be at the expense of the Design -Build Entity.
[END OF ARTICLE]
Page 175 of 212
ARTICLE 11— INDEMNITY
V.0" INDEMN.-Y
To the maximum extent permitted by law, the Design -Build Entity shall fu' y indemnify, ho,d harmless, protect,
and defend the City, its officers, elected officials, employees. agents, representatives and their successors and
assigns ("Indemnitees") from and against any and all demands, liability, loss, suit, claim, action, cause of
action, damage, cost, judgment, settlement, decree, arbitration award, stop notice penalty loss of revenue,
obligation, errors, omissions or liabilities (herein claims or liabilities"), including but not limited to professional
negligence, and expense (including any fees of accountants, attorneys, experts or other professionals, and
costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature
whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the
Work performed by Design -Build Entity, or any of its officers, agents, employees, Subcontractors, Sub -
Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of
whether such claim, suit or demand is caused, or alleged to oe caused, in part, by an Indem^itee, including but
not limited to:
A. Bodily injury, emotional injury, sickness or disease, or death to any persons:
Infringement of any patent rights, licenses copyrights or intellectual property which may be brought
against the Design -Build Entity or City arising out of Design -Build E~lity's Work, for which the Design -
Build Entity is responsible;
C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work,
including all incidental or consequentia, damages resulting to City from such stop notices and claims,
D. Failure of Design-Buiid Entity or'ts Subcontractors to comply with the provisions for °nsurance-
E. Failure to comply wit` any Govemmental Approval or similar authorizatior or order;
F. Misrepresentation, n-isstatement, or omission with respect to any statement made in or c -y document
furr�shed by the Design -Build Entity in connection therewit`-
G. Breach of any duty, obligation, or requirement ur,der the Contract Documents;
H. Fa'Iure to provide notice to any Party as required under the Contract Documents;
Fa ire to p�otect the property of any uNity provider or adjacent property owner; or
J. Failure to make payment of all employee benefits.
This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by Indemnitees, except that, to the limited extent mandated oy California Ci, Code Section 2782,
the Design -Build Entity shall not be responsible for liabilities which arise from the sole neg Bence or willful
misconduct of Indemnitees or arise from the active negligence of City.
14,02 ENFORCEMENT
Design-Bu''d Entity s obligations under this Article extend to claims occurring after termination of the Design -Build
Entity's performance of the Contract or Final Payment to Design -Build Entity. The obligations apply regardiess of any
actual or alleged negligent act or omission of Indemnitees. Design -Build Entity, however, shall not be obligated under
this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misco^duct of the
Page ";F of 212
Indemnitee or independent contractors who are directly responsible to Indemnitees. Design -Build Entity's obligations
under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under
the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its
sole discretion reserve, retain or apply any monies due to the Design -Build Entity under the Contract for the purpose of
resolving such claims; provided, however, that the City may release such funds if the Design -Build Entity provides the
City with reasonable assurance of protection of the City's interests. The City sha' in its sole discretion determine
whether such assurances are reasonable.
11.03 NO LIMITATIONS
Design -Build Entity's indemnification and defense obligations set forth in this Article are separate and independent from
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations
set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the
Design -Build Entity, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they
may be liable, the Design -Build Entity's indemnification and defense obligations shall not be limited by a limitation on
amount or type of damages, compensation, or benefits payable by or for the Design -Build Entity or a Subcontractor
under workers' compensation acts, disability benefits acts, or other employee benefits acts.
[END OF ARTICLE]
Page 177 of 272
ARTICLE 12 — INSURANCE
12.01 COND TION TO COMMENCEMENT
Design -Build Entity shall not commence Work under this Contract until Design -Build Entity has obtained all
insurance required hereunder from a company or companies acceptable to City, nor shall the Design -Build
Entity allow any Subcontractor to commence Work on a subcontract until all insurance required of said
Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set
forth in Exhibit 4 must be submitted by the Design -Build Entity prior to the City's execution of the Contract.
12.02 MINIMUM COVERAGE AND LIMITS
Design -Build Entity shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the
Contract.
'2.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS
City and Design -Build Entity agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the policies involved, available or applicable, Nothing contained in the Contract Documents
or any other agreement relating to City or its operations limits the application of such insurance
coverage.
B. None of the policies required by this Contract shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to City and approved in writing by
the City Attorney or City's Risk Manager.
12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION
"his Agreement's insurance provisions:
A. Are separate and independent from the indemnification and defense provisions in Article 12 of the
Agreement: and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
[END OF ARTICLE]
Page 118 of 212
ARTICLE 13 — BONDS
13.01 REQUIRED BONDS
A. Design -Build Entity shall furnish the following bonds:
1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract
price in the form shown in Exhibit 1" attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the
total Contract price in the form shown in Exhibit "2" attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the
form shown in Exhibit "3" attached hereto.
13.02 POWER OF ATTORNEY
All bonds shall be accompanied by a power of attorney from the surety company authorizing the person
executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California,
all copies of the bonds must be countersigned by a California representative of the surety. The signature of
the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature
of the person designated in the power of attorney.
13.03 APPROVED SURETY
All bonds must be issued by a California admitted surety insurer with the minimum A.M. Best Company
Financial strength rating of "A: VI I", or better. Bonds issued by a California admitted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a
power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the
company. If the bonds are executed outside the State of California, all copies of the bonds must be
countersigned by a California representative of the surety. The signature of the person executing the bond on
behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the
power of attorney.
13.04 REQUIRED PROVISIONS
Every bond must display the surety's bond number and incorporate the Contract for construction of the Work
by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time,
alteration, or modification of the Contract Documents or the Work to be performed thereunder sha!' in any way
affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of
the Contract Documents.
13.05 NEW OR ADDITIONAL SURETIES
If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become non -
responsible or otherwise unacceptable to City, City may require other new or additional sureties, which the
Design -Build Entity shall furnish to the satisfaction of City within ten (10) days after notice, and in default
thereof the Contract may be suspended and the materials may be purchased or the Work completed as
provided in Article 5 herein.
Page 179 of 2'2
13.06 WAIVER OF MODIFICATiONS AND ALTERATIONS
No modifications or alterations made in the Work to be performed under the Contract or the time of
performance shall operate to release any surety from liability or any bond or bonds requirea to be given
herein. Notice of such events shall be waived by the surety.
13.07 APPROVAL OF BONDS
The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been
received and approved by City. City's decision as to the acceptability of all sureties and bonds 's final. No
substitutior of the form of the documents will be permitted without the prior written consent of City.
[END OF ARTICLE]
Page 180 of 2:i2
ARTICLE 14 - LABOR PROVISIONS
14.01 WORKING HOURS
A. Construction Work or construction activity of any kind shall be limited to the hours from 7:00 a.m. to
7:00 p,m. No construction noise shall be permitted between the hours of 7:00 p.m, and 7:00 a.m. of
the next day.
B. Construction Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays
requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection.
C. Night, Sunday and Holiday Work. No Construction Work shall be performed at night, Sunday, or the
ten (10) legal holidays to wit: New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday following
Thanksgiving Day, and Christmas Day, except Construction Work pertaining to the public safety or
with the permission of the Director, and accordance with such regulations as he/she shall furnish in
writing. Before performing any Construction Work at said times, except Construction Work pertaining
to the public safety, the Design -Build Entity shall give written notice to the Director so that proper
inspection may be provided. "Night" as used in this paragraph shall be deemed to include the hours
from 7:00 P.M. to 7:00 A.M. of the next succeeding day.
14,02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS
A. Overtime construction Work performed at the option of, or for the convenience of, the Design -Build
Entity will be inspected by the City at the expense of the Design -Build Entity. For any such overtime
beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges
will be determined by the City, and submitted to the Design -Build Entity for payment.
B. Equipment, materials, or services provided by the City, in connection with Design -Build Entity -initiated
overtime construction Work described in Paragraph 14.02(A), will also be at the expense of the
Design -Build Entity. The charges will be determined by the City, and submitted to the Design -Build
Entity for payment.
C. There will be no charges to the Design -Build Entity for the inspection of overtime Construction Work
ordered by the Director or required by the Contract Documents.
14.03 COMPLIANCE WITH STATE LABOR CODE
A. Design -Build Entity shall comply with the provisions of the Labor Code of the State of California and
any amendments thereof.
The time of service of any worker employed upon the Construction Work shall be limited and
restricted to eight (8) hours during any one -calendar day, and 40 hours during any one -
calendar week.
Construction Work performed by employees of the Design -Build Entity in excess of eight (8)
hours per day, and 40 hours during any one calendar week, shall be permitted upon
compensation for all hours worked in excess of eight (8) hours per day at not less than one
and one-half times the basic rate of pay.
The Design -Build Entity and every Subcontractor shall keep an accurate record showing the
name of and the actual hours worked each calendar day and each calendar week by each
Page 181 of 212
worker employed by him/her in connection with the Construction Work; the record shall be
kept open at all reasonable hours to the inspection of the City and to the Division of Labor
Standards Enforcement of the State of California.
In the event City deems Design -Build Entity is in violation of this Paragraph 14.03, the
Design -Build Entity shall as a penalty, forfeit Fifty Dollars ($50.00) for each worker
employed in the execution of the Contract by the Design -Build Entity or by any
Subcontractor for each calendar day for which the employee was underpaid in addition to an
amount sufficient to recover underpaid wages, For each subsequent violation, a (one
hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period
for which the employee was underpaid in addition to an amount sufficient to cover underpaid
wages. This subparagraph is effective to the extent it does not directly conflict with the
overtime penalty provision of California Labor Code Section 558. In the event of such
conflict; the California Labor Code governs over this Paragraph 14.03(A)(4).
14,04 WAGE RATES
A. Prevailing Wages
Design -Build Entity shall comply with the general prevailing rates of per diem wages and the
general prevailing rates for holiday and overtime Construction Work in the locality in which the
Construction Work is to be performed, for each craft, classification, or type of worker needed to
execute the Contract. The Director of the Department of Industrial Relations of the State of
California (pursuant to California Labor Code) and the United States Secretary of Labor
(pursuant to the Davis -Bacon Act) have determined the general prevailing rates of wages in the
locality in which the Construction Work is to be performed. The rates are available online at
www.dlr.ca.gov/DLSR/PWD/. To the extent that there are any differences in the federal and
state prevailing wage rates for similar classifications of labor, the Design -Build Entity and its
Subcontractors shall pay the highest wage rate.
2. The Design -Build Entity shall post a copy of the general prevailing rate of per diem wages at the
job site.
3. The Design -Build Entity and any Subcontractor under him/her shall pay not less than the
specified prevailing rate of wages to all workers employed in the execution of the Contract.
4. The holidays upon which such rates shall be paid shall be all holidays recognized in the
collective bargaining Contract applicable to the particular craft, classification, or type of worker
employed on the project.
5. The Design -Build Entity shall, as a penalty to the State or the City, forfeit not more than Fifty
Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates for the Construction Work or craft in which the worker is employed under the
Contract by the Design -Build Entity or by any Subcontractor under him. The difference between
the prevailing wage rates and the amount paid to each worker for each calendar day or portion
thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid
to such worker by the Design -Build Entity.
6. The specified wage rates are minimum rates only and the City will not consider and shall not be
liable for any claims for additional compensation made by the Design -Build Entity because of
payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in
Page 182 of 212
regard to the payment of wages in excess of those specified herein shall be adjusted by the
Design -Build Entity at his/her own expense.
B. Payroll Records
Pursuant to California Labor Code Section 1776, the Design -Build Entity and each Subcontractor
shall keep an accurate payroll record, showing the name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker or other employee employed in
connection with the Construction Work. The payroll records shall be certified and shall be
available for inspection.
2, The Design -Build Entity shall inform the City of the location of the payroll records, inciuding the
street address, city and county, and shall, within five (5) Working Days, provide a notice of
change in location and address.
3. Upon request by the Director, the Design -Build Entity shall provide a copy of the certified payroll
records along with a statement of compliance.
14,05 APPRENTICESHIP STANDARDS
A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and
subcontractors to:
Prior to commencing work on a public works contract, submit Contract Award information to the
applicable joint apprenticeship committee, including an estimate of the journeyman hours to be
performed under the Contract, the number of apprentices to be employed, and the approximate
dates the apprentices will be employed. Use Form DAS-140 from the State Department of
Industrial Relations. The City reserves the right to require Design -Build Entity and Subcontractors
to submit a copy of said forms to the City.
2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work
for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices,
use Form DAS-142 from the State Department of Industrial Relations. The City reserves the
right to require Design -Build Entity and Subcontractors to submit a copy of said forms to the City.
3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as
defined in Labor Code Section 3077,
4, Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for
journeyman and apprentices. Design -Build Entities who choose not to contribute to the local
training trust fund must make their contributions to the California Apprenticeship Council, P.Q.
Box 420603, San Francisco, CA 94142.
B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of
the right to bid or perform work on all public works projects for a period of one to three years and the
imposition of a civil penalty of One Hundred Dollars ($100,00) for each calendar day of
noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day
of noncompliance for a second or subsequent violation. Design -Build Entity should make a separate
copy of this material for each of his/her Subcontractors.
Page 183 of 212
C. Payroll Records. The Design -Build Entity and each Subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages paid to each journeyman
apprentice; worker or other employee employed in connection with the work. The payroll records
shall be certified and shall be submitted to the Project Manager every two weeks.
D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract
or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the
State Department of Industrial Relations) shall be completed for each Design -Build Entity and
Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare
benefits, vacation funds or makes pension contributions. The form must contain, for each worker
classification, the fund, plan or trust name, address, administrator, the amount per hour contributed
and the frequency of contributions. Training fund contributions shall also be reported in this form. City
reserves the right to require Design -Build Entity and Subcontractors to submit a copy of said forms to
the City.
14.06 EMPLOYMENT OF APPRENTICES
A. In the performance of this Contract, the Design -Build Entity and any Subcontractor shall comply with
the provisions concerning the employment of apprentices in the Labor Code of the State of California
and any amendments thereof.
In the event the Design -Build Entity or any Subcontractor willfully fails to comply with the aforesaid
provisions of the Labor Code, such Design -Build Entity or Subcontractor shall be subject to the
penalties for noncompliance in the Labor Code of the State of California and any amendments
thereof.
14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS
In the performance of this Contract, Design -Build Entity and/or any Subcontractor must be currently registered
and qualified (including payment of any required fee) with the State Department of Industrial Relations
pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by
the State Department of Industrial Relations.
14.08 CHARACTER OF WORKERS
The Design -Build Entity shall not allow his/her agents or employees, Subcontractors, or any agent or employee
thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled foremen and workers shall be
employed on Work requiring special qualifications, and whe- required by the Director, the Design -Build Entity
shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly,
dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated
or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such
discharge shall not be the basis of any claim for compensation of damages against the City or any of its
officers, agents, and employees,
14.09 NO SMOKING - STATE LABOR CODE SECTION 6404.5
The Design -Build Entity and its agents, employees, Subcontractors, representatives, and any person under
Design -Build Entity's control, are prohibited from smoking in— or within a 20-foot distance from— the Site,
which is a "place of employment" under California L-abor Code § 6404.5.
[END OF ARTICLE]
Page 184 of 212
ARTICLE 15 - DISPUTE RESOLUTION
15.01 SUBMISSION OF CLAIMS
A. By Design -Build Entity
Design -Build Entity's right to commence the Claims Dispute Resolution Process shall arise upon the
Director's written response denying all or part of a Claim. Design -Build Entity shall submit a written
Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of
Design -Build Entity's Claim. Design -Build Entity's Statement of Dispute shall be signed under penalty
of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the
dates of their occurrence and the effect, if any, on the compensation due or performance obligations
of Design -Build Entity under the Design -Build Agreement. Such Statement of Dispute shall include
adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim
relating to the adjustment of the Design -Build Entity's obligations relative to time of performance shall
include a detailed, event -by -event description of the impact of each delay on Design -Build Entity's
time for performance. Adequate supporting data to a Statement of Dispute submitted by Design -Build
Entity involving Design -Build Entity's compensation shall include a detailed cost breakdown and
supporting cost data in such form and including such detailed information and other supporting data
as required to demonstrate the grounds for, and precise amount of, the Claim.
B. By City
City's right to commence the Claims Dispute Resolution Process shall arise at any time following the
City's actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall
preclude City from asserting Claims in response to a Claim asserted by Design -Build Entity. A
Statement of Dispute submitted by City shall state the events or circumstances giving rise to the
Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of
such events.
C. Claims Defined
The term "claims" as used herein shall be as defined in California Public Contract Code §
20104(b)(2).
15.02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence
they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute
Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed
to the next step in the Claims Dispute Resolution Process,
A. Direct Negotiations
Designated representatives of City and Design -Build Entity shall meet as soon as possible (but not
later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a
resolution to the Claim. Each party shall be represented in such negotiations by an authorized
representative with full knowledge of the details of the Claim or defenses being asserted by such
party, and with full authority to resolve such Claim then and there, subject only to City's right and
obligation to obtain City Council (or other City official] approval of any agreed settlement or resolution.
In the Claim involves the assertion of a right or claim by a Subcontractor against Design -Build Entity
that is in turn being asserted by Design -Build Entity against City, then such Subcontractor shall also
Page 185 of 212
have a representative attend such negotiations, with the same authority and knowledge as just
described. Upon completion of the meeting, if the Claim is not resolved, the parties may either
continue the negotiations or either party may declare negotiations ended. All discussions that occur
during such negotiations and all documents prepared solely for the purpose of such negotiations shall
be confidential and privileged pursuant to California Evidence Code Sections 1 1 19 and 1152.
B. Deferral of Claims
Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims,
except those that do not involve parties other than the Design -Build Entity and City, shall be deferred
pending Final Completion of the Work, subject to City s right, in its sole and absolute discretion, to
require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event
that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final
Completion of the Work, all Claims that have been deferred until such Final Completion shall be
consolidated within a reasonable time after such Final Completion and thereafter pursued to
resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15
shall be interpreted as limiting the parties' rights to continue informal negotiations of Claims that have
been deferred until such Final Completion; provided, however, that such informal negotiations shall
not be interpreted as altering the provisions of this Article 15 deferring final determination and
resolution of unresolved Claims until after Final Completion of the Work.
C. Legal Proceedings
If the Claim is not resolved by direct negotiations, then the party wishing to further pursue resolution
or determination of the Claim shall submit the Claim for determination by commencing legal
proceedings in a court of competent jurisdiction,
15.03 NO WAIVER
Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of
any defense of either party, including, without limitation, any defense based on the assertion that the rights of
Design -Build Entity that are the basis of a Claim were previously waived by Design -Build Entity due to failure to
comply with the Contract Documents, including, without limitation, Design -Build Entity's failure to comply with
any time periods for providing notices or for submission or supporting documentation of Claims.
[END OF ARTICLE]
Page 186 of 212
ARTICLE 16 - ACCOUNTING RECORDS
16.01 MAINTENANCE OF RECORDS
Design -Build Entity shall keep, and shall include it its contracts with its Subcontractors, provisions requiring its
Subcontractors to keep full and Jetailed books and records in accordance with the requirements of the
Contract Dccumerts, including the following: all information, r.,aterials and data of every kind and character
(hard copy, as well as computer readabie data if it exists), that have any bearing on or perta`- to any matters,
rights, duties or obligations relating to the project or the performance of the Work, incluuing, without limitation,
agreements, purchase orders, leases, cortracts, commitments, arrangements, notes, charge orders, change
order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples. exemplars,
Drawings, Specifications, invoices. delivery tickets, receipts, vouchers, cancetled checks, memoranda;
accounting records; job cost reports; job cost files (including complete documentation covering negotiated
settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance
rebates and dividends, and other documents relating n way to Claims or Change Orders, Constructio-
Change Directives, Work Directives, or other c.aims for payment related to the Project asserted by Design -
Build Entity or any Subcontracte, ("Accounting Records"), Design -Build Entity shall exercise such controls as
may be necessary `or proper;inanciai management of the Work. Such accounting and control systems shall
comply with prevailing custom and practic6 for similar projects, be satisfactory to City and shall Include
preservation of such •ecords for a period of five k5) years after approval of the Notice of Completion and
Acceptance by City, or for sucl longer period as may be required by applicable laws.
' 6.02 ACCESS TO RECORDS
Design -Build Entity sha allow, and sha include it its contracts witl- its Subcontractors provisions requiring its
Subcortractors to allow, City and its autho,izeo representative(s), auditors, attorneys and accountants, upon
twenty-four (24) hours notice to Design -Buie Entity, full access to inspect and copy all books and records
relating to the Project that Design-Bu,,d Entity is required to maintair pursuant to Paragraph 4 6.01, above.
16.03 DESIGN -BUILD ENTITY NONCOMPLIANCE, V, - HHOLDING
Design -Build Entity's compliance with Paragraphs 16.01 and "6.02, above shall bE a condition precedent to
maintenance of any legal action or arbitration by Design -Build Entity against City. n addition to and without
limitation upon City's other rights and remedies for breach, including any other provisions for withholding set
forth in the Contract Documents, City shall have the right, exercised in its soie discre`ion, to withhold from any
payment to Design -Build Entity due under a current Application for Payment an additional sum of up to ten
percent 10%) of the total amount set forth in such Application for Payment, urtil Design -Build Entity and its
Subcontractors have complied with any outstanding and unsatisfied request by City under this Article ' 6.
Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03
shall be released to Design -Build Entity.
6.04 SPECIFIC ENFORCEMENT BY CITY
Design -Build Entity agrees that any failure by Design -Build Entity or any Subcontractor to provide access to its
books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary
and/or permanent mardatory 'njunction by a court of competent jurisdiction based on affidavits submitted to
such court and without the necessity of oral testimony to compel Design -Build Entity to permit access,
inspection, auuits and/or reproduction of such books and records or to require delivery of such books and
records to City for inspection, audit and/or reproduction.
[END OF ARTICLE]
Page 187 of 212
ARTICLE 17-MISCELLANEOUS PROVISIONS
17.01 COMPLIANCE WITH APPLICABLE LAWS
A. Notices, Compliance
Design -Build Entity shall give all notices required by governmental authorities and comply with all
applicable laws and iawful orders of governmental authorities, including but not limited to the
provisions of the California Code of Regulations applicable to contractors performing engineering and
construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing
wage and equal employment opportunities.
Design -Build Entity shall comply with all Federal, State, County, and City laws, ordinances, rules, and
regulations which are, as amended from time to time, incorporated herein and applicable to the
performance hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of
any law material to performance of this Contract shall entitle the City to terminate the Contract and
otherwise pursue its remedies. Further, if the Design -Build Entity performs any work knowing it to be
contrary to such laws, rules, and regulations Design -Build Entity shall be solely responsible for all
costs arising therefrom.
B. Taxes, Employee Benefits
Design -Build Entity shall pay at its own expense, at no cost to the City and without adjustment to the
Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer,
business license. use and similar taxes on materials, labor or other items furnished for the Work or
portions thereof provided by Design -Build Entity or Subcontractors, all taxes arising out of its
operations under the Contract Documents and all benefits, insurance, taxes and contributions for
social security and unemployment insurance which are measured by wages, salaries or other
remuneration paid to Design -Build Entity's employees. If under federal excise tax law any transaction
hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from
such excise tax because it is a sale to meat for its exclusive use, then City, upon request, will execute
documents necessary to show that is a political subdivision of the State for the purposes of such
exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such
materials shall be included in the Bid or Contract Sum.
C. Notice of Violations
Design -Build Entity shall immediately notify the City and Director in writing of any instruction received
from the City, Director, Architect or other person or entity that, if implemented, would cause a violation
of any applicable law or lawful order of a governmental authority. If Design -Build Entity fails to provide
such notice, then Director shall be entitled to assume that such instruction is in compliance with
applicable laws and lawful orders of governmental authorities. If Design -Build Entity observes that any
portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful
orders of governmental authorities, or should Design -Build Entity become aware of conditions not
covered by the Contract Documents which will result in Work being at variance therewith, Design -
Build Entity shall promptly notify Director in writing. If, without such notice to Director, Design -Build
Entity or any Subcontractor performs any Work which it knew, or through the exercise of reasonable
care should have known, was contrary to lawful orders of governmental authorities or applicable laws,
then Design -Build Entity shall bear all resulting losses at its own expense, at no cost to City and
without adjustment to the Contract Sum,
Page 188 of 212
17.02 OWNERSHIP OF DESIGN DOCUMENTS
A. Property of City
All De;,ign Documents (including all reports drawings, plans, specifications, comp-iter tapes, floppy
disks and printouts, studies, memoranda, computation sheets, and other documents prepared by
Design -Build Entity in furtherance of the work), Contract Documents and Submittals (including,
without limitation, all copies thereof) and all designs and building designs depicted therein are and
shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold
all copyrights thereto. Without derogation the City's rights under this Paragraph, the Design -Build
Entity and Subcontractors are granted a limited, non-exclusive license, revocable at will of City, to use
and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and
for use in the execution of the Work and for no other purpose.
B. Documents on Site
Design -Build Entity shall keep on the Project site, at all times and for use by City, Director, Inspectors
of Record and City's Consultants, a complete set of the Contract Documents that have been
approved by applicable Governmental Authorities,
C. Delivery to City
All Design Documents, Contract Documents and Submittals in the possession of Design -Build Entity
or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of
the Design -Build Agreement; provided, however, that Design -Build Entity and each Subcontractor
shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent
records
D. Subcontractors
Design -Build Entity shall take all necessary steps to assure that a provision is included in all
subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing;
protecting and preserving the, City's rights set forth in this Paragraph.
17.03 AMENDMENTS
The Contract Documents may be amended only by a written instrument duly executed by the parties or their
respective successors or assigns. Any oral representations or modifications concerning this Contract shall be
of no force or effect.
17.04 WAIVER
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other
provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter
to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of
dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any
interpretation of the Contract Documents without documenting such interpretation by an instrument in writing
signed by both parties, such interpretation and implementation thereof will not be binding in the event of any
future disputes.
17.05 INDEPENDENT CONTRACTOR
Page 189 of 212
Design -Build Entity is an independent contractor, and nothing contained in the Contract Documents shall be
construed as constituting any relationship with City other than that of Project owner and independent
contractor. In no event shall the relationship between City and Design -Build Entity be construed as creating
any relationship whatsoever between City and Design -Build Entity's employees. Neither Design -Build Entity
nor any of its emF ioyees is or shall be deemed to be an employee of City. Except as otherwise specified in the
Contract Documents; Design -Build Entity has sole authority and responsibility to employ, discharge and
otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all
Subcontractors and for all other Persons that Design -Build Entity or any Subcontractor hires to perform or
assist in performing the Work.
It is understood that in the performance of the services herein provided for, Design -Build Entity shall be, and
is, an independent contractor, and is not an agent; officer or employee of City and shall furnish such
services in its own manner and method except as required by this Contract, or any applicable statute, rule;
or regulation. City assumes no liability for Design -Build Entity's actions and performance, nor assumes
responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Design -Build
Entity. Design -Build Entity shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its employees, subcontractors and independent
contractors, including compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exactions, and regulations of any nature whatsoever.
Design -Build Entity acknowledges that Design -Build Entity and any subcontractors, agents or employees
employed by Design -Build Entity shall not, under any circumstances, be considered employees of the City,
and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but
not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers' compensatior insurance benefits.
Except as the City may authorize in writing, Design -Build Entity and its subcontractors shall have no
authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or
otherwise.
17.06 SUCCESSORS AND ASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and Design -Build Entity and
their permitted successors, assigns, and legal representatives.
A. City may assign all or part of its right, title and interest in and to any Contract Documents, including
rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as
permitted by governmental rules, provided that the successor or assignee has assumed all of City's
obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person
with the prior written approval of Design -Build Entity,
B. Design -Build Entity may collaterally assign its rights to receive payment under the Contract
Documents. Design -Build Entity may not delegate any of its duties hereunder, except to
Subcontractors as expressly otherwise permitted in the Contract Documents. Design -Build Entity's
assignment or delegation of any of its Work under the Contract Documents shall be ineffective to
relieve Design -Build Entity of its responsibility for the Work assigned or delegated, unless City, in its
sole discretion, has approved such relief from responsibility.
Any assignment of money shall be subject to all proper set -offs and withholdings in favor of City and
to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be
subject to being used by City for completion of the Work, should Design -Build Entity be in default.
Page 190 of 212
C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Design -Build Entity may
not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign,
convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract
Documents. No partner, joint venturer, member or shareholder of Design -Build Entity may assign,
convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Design -Build
Entity without the prior written consent of City, in City's sole discretion.
17.07 SURVIVAL
Design -Build Entity's representations and warranties, the dispute resolution provisions contained in Article 15,
and all other provisions which by their inherent character should survive termination of the Contract and/or
Final Acceptance, shall survive the terminatior of the Contract and the Final Acceptance Date,
17.08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary
hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage
pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty
and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The
duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third
parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual
relationship of any kind between City and a Subcontractor or any other Person except Design -Build Entity.
17.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City's authorized representatives are acting solely as agents and representatives of City when carrying out the
provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable
either personally or as employees of City for actions in their ordinary course of employment.
No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible
for any liability arising under the Contract.
17.10 NO ESTOPPEL
City shall not, nor shall any officer thereof, be precluded or estoppel by any measurement, estimate or
certificate made or given by the City representative or other officer, agent, or employee of City under any
provisions of the Contract from at any time (either before or after the final completion and acceptance of the
Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and
correct amount and character of the work done, and materials furnished by Design -Build Entity or any person
under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue
and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in
fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or
payment made in accordance therewith, City shall not be precluded or estopped from recovering from Design -
Build Entity and its Sureties such damages as City may sustain by reason of Design -Build Entity's failure to
comply or to have complied with the Contract Documents.
17.11 GOVERNING LAW
The laws of the State of California govern the construction and interpretation of the Contract Documents,
without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to
laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation.
If Design -Build Entity or City brings a lawsuit to enforce or interpret one or more provisions of the Contract
Page 191 of 212
Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise
appropriate, in the United States District Court, Central District of California. Design -Build Entity and City
acknowledge that the Contract Documents were negotiated, entered into, and executed —and the Work was
performed —in the City of Vernon, California.
17.12 FURTHER ASSURANCES
Design -Build Entity shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requested by City to further evidence the obligations of Design -Build Entity
hereunder, including assurances regarding assignments of Subcontractors contained herein.
17.13 SEVERABILITY
If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper
jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision,
section, paragraph or part; which shall, to the greatest extent legally permissible, effect the original intent of the
parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting
from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as
applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the
negotiations, The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall
not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as
if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part.
1714 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part of the
Contract or considered in construing the Contract.
17.15 ENTIRE AGREEMENT
The Contract Documents contain the entire understanding of the parties with respect to the subject matter
hereof and supersede all prior agreements, understandings, statements, representations and negotiations
between the parties with respect to its subject matter.
17.16 COUNTERPARTS
This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
'7.17 ATTORNEY'S FEES
If any action at law or in equity is brought to enforce or interpret the terms of this Contract: the prevailing party
shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other
relief to which such party may be entitled.
17.18 CONSTRUCTION
In the event an ambiguity or question of intent or interpretation arises with respect to this Contract, this
Contract shall be construed as if drafted jointly by ti ie parties and in accordance with its fair meaning. There
shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Contract.
Page 192 of 212
[END OF ARTICLE]
Page 193 of 212
EXHIBIT 1
Bond No.:
Prem im Amount; $_
Bond's Effective Date:
PERFORMANCE BOND
RECITALS -
The City of Vernon, California ("City"), has awarded to
(Name, address, and telephone of Design -Build Entity)
a Contract (the "Contract") for the Work described as follows:
Spec ication No.
("Principal"),
in Vernon, CA.
2. P ircipal is required under the terms of the Contract— and a contract documerts -eferenced in it ('Contract Documents") —
to furnish a bond guaranteeing Principal's faithful performance of the Work.
3. The Contract and Contract Documents, including all their amendments a,d supplements, are incorporated irto this Bo-d
and r ade a part of it by this reference.
OBLIGATION
THEREFORE, forvalie received, We, Principal and
(Name, address, and telephone of Surety)
_ ("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Dollars ($ ) ("the Bowed Sum'), this amount
comprising not less than the total Contract Sum, in lawful money of the Jnited States of America.
The California Licensed Resident Agent for Surety is:
(l,,ame, address ind telephone)
Registered Agent's California Department of Insurance License No.
THE CONDITION OF THIS BOND'S OBLIGAI ON ,S THAT, if Principal promptly and faithfully performs the undertak;rigs, terms,
covenants, conditions, and agreements in the Contract and Contract Pocuments (incl iding all their amendments and supplements), all
within the time and in the manner that those documents specify then this of„,gation becomes nu and ve' I. Otherwise, this Bond remains
in full force and effect, and the following terms and conditions apply to this Bond:
1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract
Documents, as they may be amended and supplemented— including, but not limited to, Principal's liability for liquidated damages,
Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Documents— except
that Surety's total obligation, as described here, will not exceed the Bonded Sum.
2 For those ol'igations of Principal that survive Final Completion of the Work described in the Contract and Contract Documents, the
guarantees in this Bond also survive Final Completion of the Work.
3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety sha promptly:
(a) remedy the default; (b) complete the Project ac;ording to the Contract Documents' terms and conuitions then in effect; or (c)
using a procurement methodology approved by City, select a contractor or contractors— acceptable to .:ty— to complete all of the
Work, and arrange for a contract between the contractor(s) and City. Surety s"all make available_ as the Work e-ogresses,
sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of
Principal under the Contract and Contract Documents— including other costs and damages for which Surety is iable under this
Paq� _94 of 212
Bond— except that Surety's total obligation, as described here will not exceed the Bonded Sum
4. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or
the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an extension of time for
performance— does not, in any way. affect Surety's obligations under this Bond. Surety waives any notice of alteration,
modification, change addition: deletion, omission, agreement, supplement, or extension of time.
5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing
Principal's faithful performance of the Work.
6. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay— in addition to the Bonded
Sum— City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
& Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or
withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and
signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL: SURETY:
(Company Name) (Company Name)
(Signature) (Signature)
By: By:
(Name) (Name)
Its: Its:
(Title) (Title)
Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:
CORPORATE SEAL
CORPORATE SEA,.
• THIS BOND MUST BE EXECUTED IN TRIPLICATE.
■ EVIDENCE MUST BEA TTA CHED OF THE AUTHORITY OF ANY PERSON SIGNING ASATTORNEY-IN-FACT
■ THE ATTORNEY -IN -FACTS SIGNATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY,, OR BOTH, ARE A
CORPORATION.
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
By
Director of Public Works
APPROVED AS TO FORM:
2
C ty Attorney
Page 195 of 212
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY -IN -FACT
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On this day of 20
before me, (name), a Notary Public for said County,
personally appeared (name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney
in fact of
name of
attorney in fact.
, and acknowledged to me that he/she subscribed the
thereto as principal, and his/he own name as
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph s true
and correct.
Notary Public
SEAL
Page 196 of 212
EXHIBIT 2
Bo-d No,:
Premium Amount: $—
Bond's Effective Date:
PAYMENT BOND
(LABOR AND 14ATERIALS)
RECITALS:
1. The City of Vernon, California ("City"), has awarded to
(Name, address, and telephone of Design -Builder)
a Contract (the "Contract") for the Work described as follows:
Specification No.
("Principal"),
it Vernon, CA.
2. Principal is required ender California Civ,. Code Sections 3247-3248 and the terms of the Contract— and all cc-itract
documents referenced in it ("Contract Documents")— to furnish a bond guaranteeing Principal's paying claims, demands,
'lens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are 'ncorporated into this Bond
and made a part of it by this reference.
OBLIGATION:
`HEREFORE for value received, We, Principal and
(Name, address, and telephone of Surety)
- -- ( Surety'),
a duly admitted surety insurer under California's laws agree as follows:
By this Bond, We jointly and severally obligate and bins ourselves, and our respective heirs, executors, administrators,
successors, and assigns to pay City the penal sum of
Do! ars ($ ) ("the Bonded Sum"), this amount
comprising not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's California Department of Insurance License No.
THE CONDITION OF THIS BOND'S OBLIGATION IS THA-, if Principal or a subcontractor fails to pay (a) any person named in
Canfornia Civil Code Section 3181, or any successor legislation; (b) any amount due under California's Unemployment Insurance
Code, or any successor legislation, for work or labor performed under the Contract nr Contract Documents; or (c) any amount
under Unemployment Insurance Code Section 13020, or any successor legislation, that Principal or a subcontractor must
deduct, withho,u, and pay over to the Employment Development Department from the wages of its employees, for work or labor
performed under the Contract or Contract Documents, then Surety sha' pay for the same in an amount not -to -exceed the Bonded
Sum. Otherwise, this ob'Igation becomes null ano void. While this Bond remains in full force and effect, the following terms and
conditions appiy to this Bond:
1. -his Bord inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation,
givirg those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil Ccde Section 3267,
or any successo, legislation, applies.
Page 197 of 212
2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract
Documents, or the nature of the Work performed under the Contract or Contract Documents— including, without limitation, an
extension of time for performance— does not, in any way, affect Suretys obligations under this Bond. Surety waives any
notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time.
3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying
claims, demands, liens, or suits for any work, labor services; materials, or equipment furnished or used in the Work.
4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay— in addition to the
Bonded Sum— City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate,
or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On the date set forth below; Principal and Surety duly executed this Bond, with the name of each party appearing below and
signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL: SURETY:
(Company Name) (Company Name)
(Signature) (Signature)
By: By:
(Name) (Name)
Its: Its:
(Title) (Title)
Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:
CORPORATE SEAL
CORPORATE SEAL
• THIS BOND MUST BE EXECUTED IN TRIPLICATE,
® EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OFANYPERSON SIGNING AS ATTORNEY -IN -FACT
■ THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL. MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A
CORPORATION.
APPROVED AS TO SURETY AND
AMOUNT OF BONDED SUM:
Director of Public Works
APPROVED AS TO FORM:
QJ
City Attorney
Page 198 of 2'.2
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY -IN -FACT
STATE OF CALIFORNIA
ss.
COUNTY OF
On this day of 1 20
before me, (name), a Notary Public for said County,
personally appeared
(name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney
in fact of , and acknowledged to me that he/she subscribed the
name of
attorney in fact.
thereto as principal, and his/he own name as
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
'Votary Public
SEAL
Page 1q9 of 212
EXHIBIT 3
Bond No.:
Premium Amount: $
Bond's Effective Date:
MAINTENANCE BOND
RE.;I-'ASS:
1. The City of Vernon, California ("City"), has awarded to
(Name, address, and telephone of Design-Bjild E^tity)
("Principal"),
a Contract (the "Contract") for the Work described as follows:
Specification No.
in Vernon, CA.
2. Principal is required under the terms of the Contract— and all contract documents referenced in it ("Contract Documents") —
after completion of the Work and before the filing and recordation of a Notice of Completion for the Work, to furnish a bond
to secure claims for "rlairtenance equal to ten percent (10%) of the total amount of the Contract Which shall hold good for a
period of one (1) year from the date the City's Notice of Completion and Acceptance of the Work is 'Filed with the County
Recorder, to protect the City against the result of faulty material or workmanship during that time.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond
and made a part of it by this reference.
OBLIGATION:
T'1EREFORE, for value received, We, Principal and
(Name, address, and telephone of Surety)
("Surety"),
a duly admitteu surety insurer under California's yaws, agree as follows:
By this Bond, Vve jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators
successors, and assigns to pay City the penal sum of
Dollars ($ 1("the Bonded Sum"), this amount
compri: ^g not less than the total Contract Sum, in lawful money of the United States of America.
The California Licensed Resident Agent for Surety is:
(Name, address, and telephone)
Registered Agent's California Department of Insurance License No.
THE CONDI T ION OF THIS BOND'S OBLIGATION IS THA- if the said Principal or any of his or he- or its subcontractors, o- the
heirs, executors, administrators, successors, or assigns or assigns of any, all or either of them, shai, `a to execute within a
reasonable amount of time, or far' to respond within seven (7) days with a written schedule acceptable to the City for same, repai• or
replacement of any and all Work, together with any other adjacent Work which may be displaced by so doing, that proves to be
defective in its workmanship or material for the period of one (1) year (except when otherwise required in the Contract to be for a
longer period) from the date the City's Notice of Completion and Acceptance, or equivalent, is filed with the Cou -ty Reccrder,
ordinary wear and tear and unusual abuse or neglect excepted with respect to such Work and labor, the Surety herein shall pay for
the same, in an amount not exceedipq the sum specifiea ip this Bond.
1. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall prompfiy
remedy the default using a procurement methodology approved by City, select a contractor or contractors— acceptable to City to
complete all of the Work, and arrange for a contract between the contractor(s) and City, Surety shall make ava able sufficient
funds to pay the cost of repair or replacement of any and all Work aPJ to pay and perform all ohligations of Principal under the
Contract and Contract Documents— including other costs and damages for which Surety is liable under this Bond except that
Surety's total obligation, as described here, will not exceed the Bonded Sum.
Page _'CO o° ���
2. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain
in full force and effect.
3. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of said
Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any manner affect its
obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
4. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing
Principal's faithful performance of the Work.
5. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
6. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay, in addition to the Bonded
Sum, City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
7. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or
withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
8. Death of the Principal shall not relieve Surety of its obligations hereunder.
On the date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and
signed by its representative(s) under the authority of its governing body.
Date:
PRINCIPAL: SURETY:
(Company Name) (Company Name)
(Signature) (Signature)
By: By:
(Name) (Name)
Its: Its:
(Title) (Title)
Address for Serving Notices or Other Documents: Address for Serving Notices or Other Documents:
CORPORATESEAL
CORPORATE SEAL
• THIS BOND MUST BE EXECUTED IN TRIPLICATE.
■ EVIDENCE MUST BE ATTACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY -IN -FACT
■ THE ATTORNEY -IN -FACTS SIGNATURE MUST BE NOTARIZED.
■ A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH AREA CORPORATION.
APPROVED AS TO SURETY & AMOUNT OF BONDED SUM: APPROVED AS TO FORM:
By
Director of Public Works
By
City Attorney
Page 201 of 212
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY -IN -FACT
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this day of , 20 ,
before me,
personally appeared
(name), a Notary Public for said County,
(name), who proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney
in fact of , and acknowledged to me that he/she subscribed the
name of
attorney in fact.
thereto as principal, and his/he own name as
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
Notary Public
SEAL
Page 202 of 212
EXHIBIT 4
{CONFIRM INSURANCE LIMITS WITH FINANCE PRIOR TO ADVERTISING, TYPICAL LIMITS BELOW COULD
CHANGE FOR SPECIFIC PROJECTS)
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Design -Build Entity shall obtain, pay for, and maintain — and shall require each of its
Subcontractors to obtain and maintain — for the duration of the Agreement, policies of insurance meeting the following
requirements:
A. Workers' Compensation/Employer's Liability Insurance shall provide workers' compensation statutory
benefits as required by law.
Employer's Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease;
(b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease;
and
(c) ONE MILLION DOLLARS ($1,000,000) policy limit.
B. Commercial General Liability ("CGL") (primary). City and its employees and agents shall be added as
additional insureds, not limiting coverage for the additional insured to "ongoing operations" or it any way excluding
coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other
insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors' limitation or other endorsement limiting the scope of coverage for liability arising from explosion,
collapse, or underground property damage,
CGL insurance must not be written for less than the limits of liability specified as follows:
(a) ONE MILLION DOLLARS ($1;000,000) per occurrence for bodily injury (including
accidental death) to any one person;
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and
advertising injury to any one person;
(c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and
(d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit.
2. CGS insurance must include all major divisions of coverage and must cove:
(a) Premises Operations (including Explosion, Collapse, and Underground ["X,C,U"]
coverages as applicable);
(b) Independent Contractor's Protective;
(c) Independent Contractors;
Page 203 of 21:'
(d) Products and Completed Operations (maintain same limits as above until five (5)
years after recordation of Notice of Completion)
(e) Personal and Advertising Injury (with Employer's Liability Exclusion deleted);
(f) Contractual Liability (including specified provision for Design -Build Entity's
obligation under Article 11 of the General Conditions); and
(g) Broad Form Property Damage.
3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad
as any underlying coverage. Coverage shall be provided on a "pay on behalf' basis, with
defense costs payable in addition to policy limits. There shall be no cross liability exclusion
and no contractor's limitation endorsement. The policy shall have starting and ending dates
concurrent with the underlying coverages. The Named Insured may determine the layering
of primary and excess liability insurance provided that if such layering differs from that
described here, the actual coverage program meets the minimum total required limits and
complies with all other requirements listed here,
C. Business Automobile Liability Insurance
Business Automobile Liability Insurance must cover all vehicles, whether rented, leased,
hired, scheduled, owned or non -owned. If Design -Build Entity does not own any vehicles,
this requirement may be satisfied by a non -owned vehicle endorsement to the general and
umbrella liability policies. Business Automobile _iability Insurance coverage amounts sha"
not be less than the following:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including
accidental death) to any one person; and
(b) ONE MILLION DOLLARS ($1;000,000) per occurrence for property damage; or
(c) ONE MILLION DOLLARS ($1,000,000) combined single limit.
D. Contractors Pollution Liability Insurance (CPL) REQUIRED / NOT REQUIRED FOR THIS PROJECT
(OPTIONAL AT DISCRETION OF CITY — CHECK WITH FINANCE — LEAVE IN ALL SPECS &
NOTE IF REQUIRED)
Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the
Contract Contractors Pollution Liability insurance that provides coverage for liability caused
by pollution conditions arising out of the operations of the Contractor. Coverage shall be
included on behalf of the insured for covered claims arising out of the actions of independent
contractors. If the insured is using Subcontractors, the policy must include work performed
"by or on behalf' of the insured,
2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per
claim and in the aggregate. Coverage shall apply to bodily injury; property damage,
including loss of use of damaged property or of property that has not been physically inured;
cleanup costs; and costs of defense, including costs and expenses incurred in the
investigation, defense, or settlement of claims.
Page 204 of 212
All activities contemplated in the Contract shall be specifically scheduled on the CPL policy
as "covered operations." In addition, the policy shall provide coverage for the hauling of
waste from the Project site to the final disposal location; including non -owned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its
officers, employees and agents shall be added to the policy as additional insureds by
endorsement.
E, Builder's Risk Insurance REQUIRED / NOT REQUIRED FOR THIS PROJECT (OPTIONAL AT
DISCRETION OF CITY — CHECK WITH FINANCE — LEAVE IN ALL SPECS & NOTE IF REQUIRED)
Builder's Risk Insurance covering all real and personal property for "all risks" of loss or
"comprehensive perils" coverage including but not limited to the perils of earth movement
including earthquake and flood for all buildings, structures, fixtures, materials, supplies,
machinery and equipment to be used in or incidental to the construction at the site, off site,
or in transit, for the full replacement value of such properties. Coverage shall be included for
property of others in the care, custody or control of the insured for which any insured may be
liable. The City will purchase a builder's risk policy for the Project instead of a contractor
purchased policy. Proposer should not include cost for this coverage in his/her bid,
F. Professional Errors and Omissions Insurance CHECK WITH FINANCE — LEAVE IN ALL SPECS &
NOTE IF REQUIRED)
Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such
risk is applicable. Applicable aggregates must be identified and claims history provided to
determine amounts remaining under the aggregate. Design -Build Entity shall maintain
such coverage for at least one (1) year after the termination of this Agreement.
2.0 GENERAL REQUIREMENTS —ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Design -Build Entity's insurance
company must meet all of the following requirements:
"Admitted" insurer by the State of California Department of Insurance or be listed on the
California Department of Insurance's "List of Surplus Line Insurers" ("LESLI"),
Domiciled within, and organized under the laws of, a State of the United States; and
Carry an A.M. Best & Company minimum rating of "A:VIl".
B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final
Payment, and if reasonably available, Design -Build Entity shall submit to City, with the final Application for Payment, all
certificates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self -Insured Retentions. All deductibles or self -insured retentions are subject to City's
review and approval; in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be written on an
"occurrence" basis and must add the City of Vernon and its officers, agents, employees and representatives as
additional insureds.
Page 205 of 212
E. Design-Bu'.d Entity's Insurance Primary. Other insurance (whether primary, excess, contingent or
self-insurance or any other basis) ava ,able to City, or its representatives, or both, is excess over Design -Build Entity's
insurance. City's insurance, or self-insurance, or bo►h, will not contrib ite with Design -Build Entity's insurance pc Jcy.
F. Waiver of Subrogation. Design -Build Entity and Design -Build Entity's insurance cornpany waive —
and sf all not exercise— any right of recovery or subrogation that Design-Bu d Entity or the insurer may `ave against
City, or its representatives, or both.
G. Separation; of Insureds. Design -Build Entity's insurance policy applies separately to eacl insured or
additional ensured who is seeking coverage, or against whom a claim is made or suit is brought, except that the nam.:ng
of multiple insureds wil' not increase an insurance company's limits of liability.
H. Claims by Other Insureds. Design -Build Entity's insurance policy applies to a claim or suit brought by
an additional insured against a Named nsured or other insured, arising out of bodily injury, personal injury, advertising
injury or p•operty damage.
Premiums. City is not liable for a premium payment or another expense under Design -Build Entity's
policy
J. At any time during the duration of this Contract, City may do arry one or more of the following:
1. Review this Agreement's insurance coverage requirements;
2 Require that Design -Build Entity obtain, pay for, and maintain more Insurance depending or
City's assessment of any one or more of the following factors:
(a) City's risk of liability x exposure aris;-ig out of, or in any way connected witl- the
services of Design -Build Entity under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of or in any way
connected with, the services of Design -Build Entity under this Agreement; C-
(c) The availability, or affordability, or both, of increased liability "nsurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for ar insurance coverage) from a
California corporate surety, guarantet:rig payment to City for liability, or costs, or both, }hat
City incurs during City's investigation, administration, or defense of a claim or a suit arising
out of th's Agreement; or
K. Design-Buiid Entity shai maintai- the insurance policy without interruption, from the Project's
commencement date to the Final Payment date, or until a date that City specifies For any coverage that Design-Bu J
Entity must maintain after the cinal Payment.
L. Design -Build Entity shall not allow any insurance to expire, cancel, terminate, lapse, or non -renew.
Design-Bu"d Entity's insurance company shall ma City written notice at least thirty (30) days in advance of the policy's
cancellation termination, non -renewal, or reduction in coverage and ten (10) days before its insurance policy's
expiration, cancellation, termination, or non -renewal, Design -Build Entity shall deliver to City evidence of the required
coverage as proof that Design -Build Entity's insurance policy has been renewed or replaced with another insurance
policy which, during the duration of this Agreement, meets all of this Agreement's insurance requirements.
M. At any time, upon C�ty's request, Design -Build Entity shall furnish satisfactory proof of each type of
insurance coverage required— `nc.ading a certifieu copy of the insurance policy or policies; certificates, endorsements,
Page 'Cb of 21,�
renewals, or replacements; and documents comprising Design -Build Entity's self-insurance program— all in a form and
content acceptable to the City Attorney or City's Risk Manager
N. If Design -Build Entity hires, employs, or uses one or more Subcontractor(s) co perform work, services,
operations, or activities on Design -Build Entity's behalf, Design -Build Entity shall ensure that the Subcontractor complies
with the following.
Meets, and fully complies with, this Agreement's insurar ce requirements; and
2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor's
insurance policy or policies for City's review, or approval, or botl'. Failure of City to request
copies of suc" documents shall not impose any liab,,ity on City or its employees.
0. Design -Build Entity's failure to comply with an insurance provision in this Agreement constitutes a
material breach upon which City may immediately terminate or suspend Design. -Build Entity's performance of this
Agreement, or invoke another remedy that this Agreement or the law allows. At 'ts discretion and without waiv;ng any
other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or
part of the F-emiums. Upon demand, Design -Build Entity sha repay City for all sums or monies that City paid to obtain,
renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may
owe Design -Build Entity.
3.3 DESiGN-BUILD ENTITY'S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS
A. Design -Build Entity shall have its insurance carrier(s) or self-insurance administrator(s) complete and
execute the following insurance documents and shall deliver said documents at the same time Design -Build Entity
de'vers this Agreement to City. City will neither sign this Agreement nor issue a Notice to Proceed" until the City
Attic mey or City's Risk Manager has reviewed and approved all insurance documents, City's decision as to the
acceptaLility of all insurance documents is final, Sample insurance documents in the City's approved format are set forth
in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and
Design -Build Entity's Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City
Attorney or City's Risk Marager, and signed by the insurance carrier or its autho-"zed representative — whic'- fu y meet
the requirements of, and conta;n provisions entirely consistent with, a of the insurance requirements set `orth herein.
"Certificate of Insurance"
"Additional Insured Erdorsement"
Subrogation Endorsement: "Waiver of Transfer to Rights of Recover Against Others"
Both Cert;states of Insurance and Additional Insured Endorsements must read as follows: "The City of Vernon,
and its officers. agents, emoloyees and representatives are included as additional insureds under the policy(s). This
insurance is p,imary to a other insurance of the City. The City's insurance and self-insurance will apply in excess of,
and will not contribute with tl•is insurance. This insurance applies separately to each insured or additional insured who
is seeking coverage, or against whom a claim is made or a suit is brought. ''he issuing company shall mail thirty (3C)
days advance notice to the City for any policy cancellation, termination, non -renewal, or reduction it coverage."
C. Required Submittals for Workers' Compensation Insurance. Design -Build Entity shall provide City
with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City's RISK
Manager, and signed by the insurance carrier or its authorized representative — which fully meet the requirements of,
and contain provisions entirely consistent with, this Contract's workers compensation insurance requirements. If
Design -Build Entity is self -insured for workers' compensation, a copy of the "Certificate of Consent to Self -insure" from
Page 207 of 211
the State of California is required; or if Design -Build Entity is lawfu' y exempt from workers' compensation laws, an
"A"irmaticri of Exemption from Labor Code §3700" form is required.
D. Required Evidence of Builder's Risk Coverage. City will provide a certificate of insurance and a
declarations page or a for— satisfactory to the City Attorney or City's RISK Manager, and signed by the insurance carrier
or its authorized representative. The policy terms must fully meet the requirements of and contain provisions entirely
consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the
nsu-ance policy for the fu" replacement value of al' buildings, structures, fixtures and materials to be constructed,
mairtained, repaired or supplied pursuant to this Contract.
E. Design -Build Entity agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Design -Build Entity agrees to obtain cer`ificates evidencing such
coverage.
F. Design -Build Entity agrees to provide immediate notice to City of ary claim or loss against Design -
Build Entity trat includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of any such claim or claims they are likely to involve
City.
G. No ;iaVity policy shall contain any provision or definition that would serve to eliminate so-called "third
party actio^ over" claims 'ncluding any exclusion for bodily injury to an employee of the insured or of any contractor or
subcor`ractor.
N Any se" -insured retentic," must be declared and approved by City. City reserves the right to require
the seif-°nsured retention to be e'im�7ated or replaced by a deductible. Self-fundi-ig, policy fronting or other mechanisms
to avoid risk `ransfer are not acceptable If Design -Build Entity has such a program Design -Build Entity must fully
disclose such program to City.
Pdge 208 of 212
EXHIBIT 5
Statement of Intent to Comely with Minimum Requirements of the Stormwater Permit
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Construction Stormwater Program
Permit Number:
Applicant:
Project Address:
Property Owner:
Design -Build Entity:
Design -Build Entity's Address:
Date:
Phone:
The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water
Act that applies to the protection of receiving waters. Under permits from the Los Angeles
Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB
enforcement. To meet the standards of the Waste Discharge Requirements for Municipal
Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles
County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001),
the City of Vernon has adopted minimum standards for stormwater runoff from development
construction activities.
These minimum standards require the implementation of an effective combination of erosion
and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss,
and the discharge of construction waste at each site. At a minimum, the construction activity
associated with the construction project identified above shall be conducted in such a manner
that:
y Prevents illicit construction -related discharges of pollutants into the MS4 and receiving
waters.
v Implements and maintains structural and non-structural BMPs to reduce pollutants in
stormwater runoff from construction sites.
Reduces construction site discharges of pollutants to the MS4 to the maximum extent
practicable.
r Prevents construction site discharges to the MS4 from causing or contributing to a
violation of water quality standards.
Note: The Stormwater BMP Construction Handbook sheets developed by the California
Stormwater Quality Association shall be used as guidance in determining and implementing
required BMPs. The BMP sheets may be reviewed at the Public Works counter during regular
business hours. A General Construction Permit shall be obtained and maintained for all
construction sites one (1) acre or greater. Additional conditions may be required for these
sites.
Pacfe ,',)�) o-F 2i2
I have read and understand the requirements listed above and certify that I wil' comply with
the minimum requirements above.
Signature:
Title:
Property Owner:
Print Name:
Page 210 of 212
EXI,IBIT B
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour with health benefits, or
$11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick leave, vacation, or
personal necessity, and an additional tern days a year of uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to the employes
compliance with the living wage ordinance. Employees may bring an action in Superior Court against an employer for
back pay, treble damages for willful violations, and attorneys fees, or to compel City officials to terminate the service
contract of violating employers.
Page 211 of 212
EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A, Design -Build Entity certifies and represents that, during the performance of this Agreement, the Design -Build
Entity and each subcontractor shall adhere to equal opportunity employment practices to assure that
applicants and employees are treated equally and are not discriminated against because of their race, religious
creed, color, national origin, ancestry, handicap, sex, or age. Design -Build Entity further certifies that it will not
maintain any segregated facilities.
Design -Build Entity agrees that it shall, in all solicitations or advertisements for applicants for employment
placed by or on behalf of Design -Build Entity state that it is an "Equal Opportunity Employer" or that all
qualified applicants will receive consideration for employment without regard to their race, religious creed:
color, national origin, ancestry, handicap, sex or age.
C. Design -Build Entity agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of their membership in
a protected class.
D. Design -Build Entity agrees to provide the City with access to, and, if requested to do so by City, through its
awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except
to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is
prohibited by law.
Page 212 of 212
STAFF REPORT
City Council Agenda Item Report
Agenda Item No. COV-173-2019
Submitted by: Brandon Araujo
Submitting Department: Public Works
Meeting Date: May 7, 2019
SUBJECT
A Resolution Authorizing the Use of the Design -Build Capital Project Delivery Method for the Los Angeles River
Closure Devices Project
Recommendation:
A. Find that approval ofthe Resolution is exempt from California Environmental Quality Act ("CEQXreview,
because approving the method by which a contractor will be selected is an administrative activity that will not result in
direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA
Guidelines Section 15378; and
B. Adopt a Resolution Authorizing the Use of the Design -Build Project Delivery Method for the Los Angeles River
Closure Devices Project.
Background:
On May 16, 2016, the City of Vernon received a letter from the United States Anny Corps Engineers (" CTSACE")
stating that the City's Section 15 and Section 16 storm drains do not have any closure devices that would prevent water
from the river side outlet from flowing back up the City's storm drains and onto City streets. Section 15 and Section 16
storm drains are located primarily underneath Exchange Avenue and District Boulevard, respectively.
For this project, the design of the closure devices can vary considerably and those design decisions can have a
significant impact on the project's cost, construction duration, and constructability. For these reasons, Public Works
recommends that City Council authorize a Design -Build project delivery method. City Council has previously adopted
a resolution authorizing a Design -Build project delivery method for the VPU Facility that was once planned at 2716
Leonis Boulevard (Resolution No. 2017-67) .
State law has recently allowed public agencies to procure construction services using a Design -Build project delivery
method instead of the more traditional Design -Bid -Build process. The Design -Build project delivery method combines
professional design services and constriction services into a single contract with one vendor or team of vendors. This
method has been popular lo the private sector for decades but is still relatively new in the public sector. This method is
also particularly well -suited for projects where constructability is significant factor on the design, the choice of design
can have a significant impact on the construction schedule, and the project would benefit from having a contractor
involved in the design from the onset of the project.
Other advantages to using the Design -Build project delivery method include:
• Greater flexibility in the contract award process.
• Having a single entity to hold accountable eliminates the finger -pointing that can often occur between a designer and a
contractor during a typical Design -Bid -Build process.
• Fewer change orders.
• Fewer claims.
• Faster project completion
• Lower project cost.
■ Greater cost certainty.
• More opportunity for innovation.
The Design -Build project delivery method is not explicitly sanctioned in Vernon's Competitive Bidding and Purchasing
Ordinance (VMC Chapter 2, Article IV) given the method's relative recent adoption by public agencies. However,
VMC Section 2.17.12 (A) (10) exempts contracts for professional services from competitive bidding. Since the
project involves professional services for the design ofthe closure devices, Public Works recommends procuring the
services of a design -build entity using a Request for Proposals (RFP). Furthermore, since the design will play a
significant role in the cost and duration of construction and costs can vary widely, the proposals received will then be
evaluated on a competitive, best -value basis.
Since the lowest bid is no longer a consideration in the evaluation of the proposals, the Resolution being considered
establishes the criteria to be used in awarding the Design -Build contract. The criteria as explicitly stated in the RFP for
this project are an evaluation of each proposal based on the following:
Experience (30%): Prior experience designing and constructing closure devices and outlet structures within USACE's
jurisdiction, delivering similar projects on schedule and on budget, and obtaining Section 408 permits from USACE.
Prior experience of key staff assigned to oversee services provided to the City.
Design and Schedule (25%): The quality and ingenuity of the USACE-approved design will be considered. Any design
features that lead to cost savings and/or a decrease in project duration will be valued highly. The Proposer's proposed
project schedule will also be heavily considered.
References (15%): past experience with previous clients and USACE will be considered.
Proposal (10%): quality and responsiveness of the Proposal
Costs and Fees (10%): Cost is not the sole determining factor but will be taken into consideration. Proposer must offer
services at a rate comparable to the rate Proposer offers to other governmental entities for similar work. Offering a
higher rate to the City than the comparable rate is grounds for disqualification of the Proposer. If rates differ for
different types of levels of service, the Proposer should so state.
In -person interview (10%): The three highest -rated proposers may, at the City's option, be invited to attend a
mandatory interview with the City's Evaluation Comrnittee and will be asked a series of questions in order to elicit the
Proposer's understanding of the scope of work and their ability to comm►aiicate this understanding effectively. At most,
the three highest rated Proposers will be invited to part4ate and only those Proposers will be considered for contract
award. All other Proposers will not be considered further in the evaluation process.
It is recommended that the City Council adopt the Resolution authorizing the use of the Design -Build project delivery
method for Los Angeles River Closure Devices project. The proposed Resolution and RFP have been approved as to
form by the City Attorney's office.
Fiscal Impact:
There is no fiscal impact to the City by adopting the proposed Resolution.
�:[ . ►�'�►ii lam► P
1. Resolution - Authorizing Use of Design -Build Method
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF
VERNON AUTHORIZING THE USE OF THE DESIGN -BUILD
PROJECT DELIVERY METHOD FOR THE LOS ANGELES RIVER
CLOSURE ❑EVICES PROJECT
WHEREAS, the City of Vernon (the "City"'), is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State ❑f
California; and
WHEREAS, California State law allows public agencies to
procure construction services using a Design -Build method, instead of
the more traditional Design -Bid -Build process; and
WHEREAS, Design -Build contracts combine professional design
services and construction services into a single contract with one
vendor or team of vendors; and
WHEREAS, this method has been popular in the private sector
for decades, but is still relatively new in the public sector and is
well suited for projects where constructability issues can have an
impact on the design, the choice of design can have a significant
impact on the construction schedule, and the project would benefit
from having a contractor involved in the design from the onset of the
project; and
WHEREAS, the Los Angeles River Closure Devices Project (the
"Project") requires the construction of tw❑ closure devices where the
City's Section 15 and 16 storm drains connect to the Los Angeles
River; and
WHEREAS, by memorandum dated May 7, 2019, the Director of
Public Works has recommended the authorization and use of a Design -
Build project delivery method for the Los Angeles River Closure
Devices Project (the "Design -Build Project ❑elivery Method"); and
WHEREAS, the Public Works Department recommends the use of
the Request for Proposals (attached hereto as Exhibit A and
incorporated herein by reference) ("RFP") for procurement of design -
build services for the Project; and
WHEREAS, under the Design -Build Project Delivery Method the
design will play a significant role in the cost and duration of
construction, the proposals received will be evaluated on a
competitive, best -value basis as delineated in the RFP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL ❑F THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because approving the method by which a contractor will be
selected is an administrative activity that will not result in direct
or indirect physical changes in the environment and therefore does not
constitute a "project" as defined by CEQA Guidelines Section 15378.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Director of Public Works to use the Design -Build
Project ❑elivery Method for the Los Angeles River Closure Devices
project.
1 1 1
1 1 1
1 1 1
1 1 1
1 I 1
- 2 -
SECTION 4: The City Clerk of the City of Vernon shall
certify t❑ 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 71h day of May, 2019.
UV06*1116
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Brian Byun,
Senior Deputy City Attorney
- 3 -
Name:
Title: Mayor I Mayor Pro-Tem
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES j
I, Maria E. Ayala, City Clerk of the City ❑f Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. ,
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
Tuesday, May 7, 2019, and thereafter was duly signed by the Mayor or
Mayor Pro-Tem of the City of Vernon.
Executed this day of May, 2019, at Vernon, California.
(SEAL)
-- 4 -
Maria E. Ayala, City Clerk