Section 00 11 00 –Notice Inviting Sealed Bids
Part 1 General
1.01 The City of El Segundo is accepting sealed Bids for its Residential Sound Insulation Program Group 49 (RSI 13-02) in theCity Clerk’soffice,350 Main Street,ElSegundo, California 90245, until 11:00 a.m. on Tuesday, February 26, 2013 at which time they will be publicly opened. Bids will not be accepted after that time.
Part 2 Products Part 3 Execution
3.01 Bidders are encouraged to attend the pre-bid meeting scheduled for Thursday, January 31, 2013, at 2:00 p.m. in City Council Chambers located at 350 Main Street, El Segundo, California 90245.
A. Bidders are strongly encouraged to arrive early as the meeting is expected to start promptly and anyone who arrives after the start of the meeting will not be considered in attendance.
B. Bidders are strongly encouraged to purchase Contract Documents and review them prior to the pre-bid meeting to afford themselves the opportunity to have requirements that may be unclear to them clarified by the City during the meeting 3.02 Bids will be received for Group 49 (“Project”) of the Residential Sound Insulation
Program, which consists of sound insulation improvements and related work at 23 (twenty-three) homes in the City of El Segundo, including installation of acoustically rated windows and doors, heating and ventilation modifications, associated electrical work, attic insulation and associated abatement of asbestos containing materials and lead based paint.
3.03 Work on the Project must be performed in strict conformity with the Contract Documents. A compact disk (CD) of the Contract Documents may be obtained from the City for a non-refundable fee of $10.00.
3.04 The terms and conditions for bidding on the Project are described in the Instructions to Bidders in the Contract Documents.
3.05 This Project requires payment of State prevailing rates of wages for Los Angeles County. The Contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located atwww.dir.ca.gov.
3.06 The Contractor to whom the Contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375.
3.07 Bidders must submit a Bid Security (or "bid guarantee") with their Bid, in an amount not less than ten percent (10%) of the Total Bid (Contract Sum), as a guarantee that Bidder will fulfill its obligation to enter into a Contract with the City in accordance with the Contract Documents.
3.08 Ten percent (10%) will be deducted from each progress payment and retained by the City. The remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to Public Contracts Code (“PCC”) § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified that, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodatetheContractor’srequest.
3.09 FEDERAL REQUIREMENTS:
A. The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, and, to the Equal Employment Opportunity (EEO) and Federal Labor Provisions.
B. All Labor on the project must be paid no less than the minimum wage rates established by the U.S. Secretary of Labor.
C. Bidders must supply all the information required by the Contract Documents. D. The EEO requirements, labor provisions and wage rates are included in the
Contract Documents and are available for inspection at the Residential Sound Insulation (RSI) offices, City Hall, 333 Main Street, Unit A, El Segundo, California 90245. Davis-Bacon prevailing wage information may be obtained directly from the Government Printing Office via the internet at www.access.gpo.gov/davisbacon or call toll-free at 1-888-293-6498 or fax your request to 1-202-512-1262.
E. Bidders must complete, sign and furnish, prior to Award of the Contract, the "Bidder's Statement on Previous Contracts Subject to EEO Clause," a "Certification, of Nonsegregated Facilities," and the "Assurance of Disadvantaged Business Enterprise Participation."
F. A Contractor having fifty (50) or more employees and his Subcontractors having fifty (50) or more employees and who may be awarded a contract of $50,000 or more will be required to maintain an affirmative action program, the standards for which are contained in the Contract Documents.
G. To be eligible for award, Bidders must comply with their affirmative action requirements which are contained in the Contract Documents.
H. Disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 23 must have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women must not diminish the standards of requirements for the employment of minorities.
I. All solicitations, contracts, and subcontracts resulting from projects funded under the AIP must contain the foreign trade restriction required by 49 CFR Part 30,
Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors.
J. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program.
K. Certification of Disadvantaged Business Enterprises (DBE) Contractors and Subcontractors by Caltrans must be submitted for each DBE and must be submitted within forty eight (48) hours after the opening of bids.
3.10 Dated this 24th day of January, 2013 A. City of El Segundo, California B. Tracy Weaver, City Clerk
Section 00 21 00 –Instructions to Bidders
Part 1 General
1.01 By submitting its Bid to the City, Bidder represents and certifies that:
A. Bidder has obtained a complete set of Contract Documents, including all issued Addenda, from the City of El Segundo
B. Bidder has read, taken all steps necessary to become familiar with, is familiar with, and understands all of the requirements of the Contract Documents and the conditions under which the Work will be performed, including but not limited to the City of El Segundo’scurrentMunicipalCode
1. To exemplify theBidder’sunderstanding of this requirement, Bidder is to place his or her signature (not initials) and date next to the page number of theBidder’sProposaland Statement
C. Bidder has carefully studied and compared the various documents comprising the Contract Documents and compared them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted
D. Bidder has asked for and received clarification on any and all issues that were potentially unclear to the Bidder prior to formulating the Bid submitted to the City E. Bidder has, and will maintain in good standing, a General Building Contractor
“B”licenseissued by the StateofCaliforniaContractor’sStateLicenseBoard F. Bidder has met all requirements for solicitation of Subcontractors and other
contracts applicable to the Work G. Bid is based upon performing all Work
H. The Bidding Documents have been executed and signed by an individual whom is duly authorized and empowered to execute such forms on Bidder’sbehalf
Part 2 Products
2.01 Bids must include the following:
A. Bidder’sProposaland Statement B. Bid Security
C. Non-Collusion Affidavit
D. Bidder’sStatementofPastContractDisqualifications
E. Bidder’sStatementon PreviousContractsSubjectto EEO Clause F. Certification of Non-Segregated Facilities
G. Trade Restriction Clauses to be included in all Solicitations, Contracts, and Subcontracts
H. Designation of Manufacturers and Suppliers
I. Buy American –Steel and manufactured products for Construction Contracts J. Bidder’s Assurance of Compliance with Title 49 CFR Part 26 Relating to
Disadvantage Business Enterprise Participation
K. Suspension and Debarment Requirements for All Contracts Over $25,000 (49 CFR Part 29)
1. Evidence of responsibility of Subcontractors
2. References for Subcontractors whose contact values are in excess of $10,000
M. References for Bidder
N. Acknowledgement of Receipt of Addenda
O. All Product Submittals required by the Contract Documents P. All Informational Submittals required by the Contract Documents Q. Schedule of Values
R. Copies of all of Bidder’s solicitations for contracts and subcontractors, with required restriction clauses highlighted
Part 3 Execution
3.01 Bidders may obtain complete sets of the Contract Documentsfrom theCity’sResidential Sound Insulation Program offices for the sum stated in the Notice Inviting Sealed Bids. Contract Documents are made available for the sole purpose of obtaining Bids and governing the Work and does not confer a license or grant permission for any other use of the Contract Documents
3.02 Project/Site Conditions
A. Bidders may request access to a Home to inspect its condition prior to Bid, but must make such request in writing to the City at least fourteen (14) days prior to Bid Deadline
B. Bidders must not visit any Home included in the Project, or visit any Home that has been previously treated by the City’s RSI Program, for the purpose of inspecting conditions that may impact its Bid, or Work previous accepted by the City. Bidders agree that contacting Property Owners, Tenants, and/or Occupants of such properties may be grounds for the rejection of Bids from such violators. 3.03 Pre-Bid Meeting(s)
A. The City will conduct at least one (1) Pre-Bid Meeting for the Project at which time and place a City representative will discuss the Contract Documents, answer questions, and accept comments
3.04 Interpretation or Correction of Contract Documents
A. Although it is believed that information necessary to understand and price the Work required of the Project has been included in the Contract Documents, the City has not determined the accuracy or completeness of such information and all such information is made available without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.
B. Bidders must carefully study and compare each of the Contract Documents and promptly report in writing to the City any errors, inconsistencies, ambiguities or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor.
C. Should errors, omissions or discrepancies exist which indicate conditions that vary from those encountered in construction, the Bidder (if awarded the Contract)
specifically agrees to complete Work for the use and in the manner which is intended. In the event of increasing Work, the costs of such changes must be agreed upon between the City and the Contractor prior to the performance of additional work. In the event of decreasing work, the costs of such changes will be determined by the Schedule of Values.
D. City will provide all clarifications, interpretations, corrections, and changes to the Contract Documents by Addenda only. Bidder must not base a Bid upon any information which is not part of the Contract Documents and/or Addenda.
3.05 Bidder must base its Bid upon full completion of all the Work in accordance with the requirements of the Contract Documents.
3.06 Bidder must submit its Bid on the Bidding Documents provided by the City for the Project.Bidsnotsubmitted on theCity’sBidding DocumentsfortheProjectwill be rejected.
3.07 Bidder’sProposaland Statement
A. Bidder must not make stipulations on the Bid Form nor qualify the Bid in any manner
B. All blanks on the Bidder’sProposaland Statementmustbe filled in legibly in ink or by typewriter.
C. Bidder must identify a price for each Owner Upgrade identified in the Contract Documents,orenter“No Cost”ortheequivalentto indicateno changein the Contract Sum is required to perform such Work. Failure to identify a price or the equivalent of “No Cost” will be grounds for the Bid to be considered non-responsive.
D. TheBidder’sProposaland Statementmustbesigned and dated by aperson or persons legally authorized to bind Bidder to a Contract.
3.08 Bid Security
A. Bidder must submit a Bid Security with its Bid, in an amount not less than ten percent (10%) of its Total Bid (Contract Sum), as a guarantee that Bidder will fulfill its obligation to enter into a Contract with the City in accordance with the Contract Documents.
B. Bid Security must be one of the following: 1. Bid Bond
a. The Surety issuing the Bid Bond must be listed in the latest published State of California, Department of Insurance list of, “InsurersAdmitted to TransactSurety Insurancein ThisState.” b. The standard printed bond form of any Surety, acceptable to the
City, may be used in lieu of the sample Bid Bond included in the Contract Documents provided the security stipulations protecting theCity arenotin any way reduced by useoftheSurety’sstandard printed bond form. (Check with the City before submitting)
c. If an attorney-in-fact executes the Bid Bond on behalf of the Surety, a notarized and current copy of the power of attorney is to
be affixed to the Bid Bond.
2. Certified check madepayableto “City ofElSegundo” 3. Cashier’scheck madepayableto “City ofElSegundo” 4. Other negotiable instrument, as approved by the City 3.09 Acknowledgement of Receipt of Addenda
A. Addenda will be issued only by the City and will be issued electronically (via email) to all who have purchased a complete set of Contract Documents from the City and who have provided an email address for receipt of Addenda
B. CopiesofAddendawillbemadeavailableforinspection attheCity’sResidential Sound Insulation Program offices
C. The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline
1. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline
D. Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid
3.10 References for a Bidder
A. Bidder must submit a list of references for Bidder and any Subcontractor performing more than ten percent (10%) of the Work
1. This information will be used by the City in assessing capabilities and qualifications for performing the Work.
B. Bids may be considered non-responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work
3.11 Designation of Manufacturers and Suppliers
A. Bidder must identify the manufacturers and suppliers of identified products to be installed on the Project
3.12 Designation of Subcontractors
A. Bidder must identify as Subcontractors all individuals or companies that are not employees of the Bidder that will perform ANY PORTION of the Work under the Contract.
B. Bidders must identify:
1. the Work activity to be performed 2. the percentage of Work to be performed
3. the name and address of the individual or company to perform such Work 4. the number of employees of the Subcontractor
5. the applicable license number as issued by the State of California
6. if the individual or company is certified as a Disadvantaged Business Enterprise by Caltrans
7. the contract value of the subcontract to be entered into if Bidder is awarded a Contract for the Project
C. Bidder must list only one (1) individual or company for each portion of Work to be performed. Bidder agrees that Bidder is fully qualified and will perform all Work for which Bidder has not identified a Subcontractor.
D. Except in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City awarding the Contract setting forth the facts constituting the emergency or necessity, or as allowed by California law, Bidders must not:
1. substitute any subcontractor,
2. permit any subcontract to be voluntarily assigned or transferred, or
3. allow it to be performed by anyone other than the original subcontractor listed in the original Bid
3.13 Evidence of responsibility of Subcontractors
A. Bidder is to submit references for any Subcontractor performing more than ten percent (10%) of the Work
B. This information will be used by the City in assessing capabilities and qualifications for performing the Work.
C. Bids may be considered non-responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work
3.14 References for Subcontractors whose contact values are in excess of $10,000
A. Bidder is to submit references for any Subcontractor performing more than ten percent (10%) of the Work
B. This information will be used by the City in assessing capabilities and qualifications for performing the Work.
C. Bids may be considered non-responsive if the information provided is untrue or is insufficient to allow the City to adequately assess the capabilities and qualifications to perform Work
3.15 Non-Collusion Affidavit
A. Bidder must complete, sign and furnish the "Non-Collusion Affidavit" with Bid 3.16 Bidder’sStatementon PreviousContractsSubjectto EEO Clause
A. Bidder must complete, sign and furnish the "Bidder's Statement on Previous Contracts Subject to EEO Clause" with the Bid.
3.17 Certification of Non-Segregated Facilities
A. Bidder must complete, sign and furnish the "Certification of Nonsegregated Facilities" with the Bid.
3.18 Bidder’sAssuranceofCompliancewith Title49 CFR Part26 Relating to Disadvantage Business Enterprise Participation
A. Bidder must complete, sign and furnish the "Assurance of Disadvantaged Business Enterprise Participation" with the Bid.
3.19 Suspension and Debarment Requirements for All Contracts Over $25,0000 (49 CFR Part 29)
3.20 Bidder’sStatementofPastContractDisqualifications
A. Biddermustfilloutthe“BiddersStatementofPastContractDisqualifications” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation.
B. Bidder must explain the circumstances of each disqualification. C. The City may reject the bid based on such information.
3.21 Trade Restriction Clauses to be included in all Solicitations, Contracts, and Subcontracts 3.22 Buy American –Steel and manufactured products for Construction Contracts
3.23 Delivery of Bids
A. Bidder must deliver its Bid, and is solely responsible for the timely delivery of its Bid, to the City Clerk’s officeprior to date and timeidentified in the Notice Inviting Sealed Bids for the Project. Bids received after that time will be returned to Bidder unopened
B. Bidder must submit its Bid in a sealed, opaque enveloped labeled with the following:
1. “SEALED BID ENCLOSED”
2. The Project identification number (e.g. RSI 09-07)
3. TheProjectName(e.g.“ResidentialSound Insulation Program –Group 7) 4. Bidder’snameand mailing address
C. Only written, sealed bids will be accepted.
D. Electronic, oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
E. If the Bid is sent by mail, Bidder must not utilize the mailing envelope as the sealed, opaque envelope described above. The sealed, opaque envelope described above must be contained within the mailing envelope in a manner to help prevent the accidental opening of the Bid prior to the Bid Opening.
3.24 Modification or Withdrawal of Bid
A. Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice ofsuch action willbegiven to theCity in writing and signed by theBidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.
B. A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.
C. Bid Security will be in an amount sufficient for the Bid as modified or resubmitted
D. Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Addenda
A. Bids submitted in the manner required by these instructions and are received on or before the bid deadline will be opened publicly.
3.26 Rejection of Bids
A. The City will have the right to reject all Bids
B. The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Contract Documents
C. The City will have the right to reject any Bid which is in any way materially incomplete or irregular
Part 4 Federal Requirements
4.01 This contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, the Federal Labor provisions and the Equal Employment Opportunity (EEO) provisions as contained in the contract, specifications and bid documents.
4.02 All mechanics and laborers on the project must be paid no less than the minimum wage rate established by the U.S. Secretary of Labor. A copy of the Department of Labor Wage Rate Determination applicable to this contract is included in the specifications.
4.03 Required Notices for All Contracts.
A. The Bidder must supply all the information required by the proposal forms and specifications.
B. The City, in accordance with Title VI of the Civil Rights Act of 1964, hereby notifies all Bidders that they must affirmatively ensure that in any contract entered into pursuant to this advertisement, the Contractor must comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21), as they may be amended from time to time.
C. The Contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds provided under this agreement. In this regard contractors must take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Contractors must not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts.
4.04 Required Notices for Contracts Over $10,000 (See Affirmative Action Plan Requirements). The regulations and orders of the Secretary of Labor, Office of Federal Contract Compliance Programs (OFCCP) require that the City and/or his contractor(s) include in Invitation For Bids (IFB) or negotiations for contracts over $10,000 the following notices:
A. Each bidder will be required to comply with the affirmative action plan for equal opportunity prescribed by OFCCP, United States Department of Labor (41 CFR 60), or by other designated trades used in the performance of the contract and
other nonfederally involved contracts in the area geographically defined in the plan.
B. The proposed contract is under and subject to Executive Order 11246, as amended, of September 24, 1965, and to the EEO clause.
C. The successful bidder will be required to submit a Certification of Non-segregated Facilities prior to award of the contract, and to notify prospective subcontractors of the requirement for such a certification where the subcontract exceeds $10,000. Samples of the certification and the notice to subcontractors appear in the specifications.
D. A bidder must indicate whether he has previously had a contract subject to the EEO clause, whether he has filed all report forms required in such contract, and if not, a compliance report (Standard Form SF 100) must be submitted prior to the award of the contract.
E. EEO and labor provisions, when applicable, are included in the Bidding Documents of specifications and are available for inspection at the City of El Segundo Public Works Department.
F. Contractors and subcontractors may satisfy requirements of the EEO clause by stating in all solicitations or advertisements for employees that:
1. "All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin".
2. Or by using a simple advertisement in which appears in clearly and distinguished type, the phrase: "an equal opportunity employer".
4.05 Required Notice for Contracts with 50 or More Employees and a Contract of $50,000 of More. (See Paragraph 10 of the Special Provisions in Volume II for Affirmative Action Plan Requirements)
A. The sponsor must give notice that a contractor having fifty (50) or more employees and first tier subcontractors having fifty (50) or more employees and who may be awarded a subcontract of $50,000 or more will be required to comply with the following:
1. If the contractor has not submitted a complete and accurate Compliance Report within 12 months preceding the date of award, he must file a Compliance Report (SF 100) within 30 days after award of this contract. 2. The contractor must require the subcontractor on any first tier subcontracts
to file a SF 100 prior to award of the subcontract if the above conditions apply. A SF 100 will be furnished upon request.
4.06 Required Notice for Contracts in Excess of $100,000. A. Advertisement for bids must include:
1. The requirement for a bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The bid guarantee for this contract is ten percent (10%). The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.
4.07 Bonding Clauses for Construction Contracts and Subcontracts in Excess of $100,000 A. The contractor agrees to furnish a performance bond for one hundred percent
(100%) of the contract price. This bond is one that is executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.
B. The contractor agrees to furnish a payment bond for one hundred percent (100%) of the contract price. This bond is one that is executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
C. Note: For contracts for $100,000 and less, local requirements should be met. 4.08 Notice to Prospective Contractors of Requirement for Certification of Nonsegregated
Facilities:
A. A certification of Nonsegregated Facilities must be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause.
B. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
C. NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATION OF NONSEGREGATED FACILITIES
1. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause.
2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
4.09 Clean Air and Water Pollution Control Requirements for All Construction Contracts and Subcontracts Exceeding $100,000.
A. Contractors and subcontractors agree:
1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act,
as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other
requirements secified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 3. That as a condition for award of a contract, the contractor or subcontractor
will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; and
4. To include or cause to be included in any construction contract or subcontract which exceeds $100,000 the aforementioned criteria and requirements.
4.10 Buy American-Steel and Manufactured Products for Construction Contracts.
A. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and manufactured products produced in the United States when funds are expended pursuant to a grant issued under the Airport Improvement Program. The following terms apply:
1. Steel and manufactured products. As used in this clause, steel and manufactured products include (1) steel produced in the United States or (2) a manufactured product produced in the United States, if the cost of its components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all of its components and final assembly has taken place in the United States. Components of foreign origin of the same class or kind as the products referred to in subparagraphs b.(1) or (2) must be treated as domestic.
2. Components. As used in this clause, components means those articles, materials, and supplies incorporated directly into steel and manufactured products.
3. Cost of Components. This means the costs for production of the components, exclusive of final assembly labor costs.
B. The successful bidder will be required to assure that only domestic steel nd manufactured products will be used by the Contractor, Subcontractors, materialmen, and suppliers in the performance of this contract, except those-1. that the U.S. Department of Transportation has determined, under the
Aviation Safety and Capacity Expansion Act of 1990, are not produced in the United States in suficient and reasonably available quantities and of a satisfactory quality;
2. that the U.S. Department of Transportation has determined, under the Aviation Safety and Capacity Expansion Act of 1990, that domestic preference would be inconsistent with the public interest; or
3. that inclusion of domestic material will increase the cost of the overall project by more than twenty-five percent (25%).
4.11 Buy American Certificate
A. By submitting a Bid under this solicitation, except for those items listed by the Contractor on a separate and clearly identified attachment to the Bid, the Contractor certifies that steel and each manufactured product is produced in the
United States (as defined in the clause Buy American - Steel and Manufactured Products For Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States.
Section 00 25 00 –Pre-Bid Meeting(s)
Part 1 General
1.01 Summary
A. City will conduct at least one (1) Pre-Bid Meeting for the Project during which City representatives will give a brief description of the project, answer questions, and accept comments
1.02 References
A. The date, time and place of the Pre-Bid Meeting(s) is/are identified in the Notice Inviting Sealed Bids for the Project (See Section 00 11 00), unless modified by Addendum
Part 2 Products Part 3 Execution
3.01 Bidders are strongly encouraged to arrive early for any Pre-Bid Meeting, as each is expected to start promptly and anyone who arrives after the start of the meeting will not be considered in attendance
3.02 The City reserves the right to conclude Bidders who leave the meeting early, even if they return, to have not attended the Pre-Bid Meeting
Section 00 31 00 –Preliminary Schedule
Part 1 General
1.01 Summary
A. Work covered by this Section includes, without limitation, furnishing all labor, materials, equipment and services to:
1. Compare the deadlines set forth in the Preliminary Schedule to the Work required by the Contract Documents
2. Determine the appropriate staffing needed to complete Work in accordance with the Preliminary Construction Schedule and all other requirements of the Contract Documents
B. Related Sections
1. Appendix A-02 Preliminary Construction Schedule 2. Section 01 32 00 Construction Progress Documentation
Part 2 Products
2.01 The Preliminary Construction Schedule establishes set dates and/or time for major milestones of the Project
Part 3 Execution
3.01 Contractor certifies that it has evaluated the Work described by the Contract Documents, and has verified with each manufacturer, supplier, and subcontractor that the dates set forth in such schedule can and will be met
3.02 Contractor must prepare and submit a detailed Construction Schedule to the City in accordance with Sections 01 32 00 (Construction Progress Documentation) and 01 33 00 (Submittal Procedures) which documents Contractors’ plans to meet the milestones established by the Preliminary Construction Schedule
Section 00 51 00 –Award and Execution of Contract
Part 1 General
1.01 The City may retain all Bids and related Bid Security for a period of ninety (90) days for examination and comparison, or until a Contract is executed, during which time the City will either:
A. Execute a Contract and issue a Notice to Proceed, or B. Reject all Bids
1.02 Bidder agrees that the City will have the right to waive non-material irregularities in any Bid, or delete any portion of the Work, and to accept the lowest responsive Bid as determined by the City.
1.03 The Award of Contract will be on the basis of lowest Bid as established by the Total Bid (Contract Sum) of Bids received, minus any portions that are deleted by the City before the Award of Contract.
Part 2 Award of Contract
2.01 After completing a review of Bids received, the City will consider the Award of Contract for the Project at one of its City Council meetings.
2.02 Within five (5) working days, the City will deliver the following to the successful Bidder: A. Notice of Award
B. An original Agreement for signature
2.03 The City will not award a contract to any Bidder whose Bid:
A. Is legally withdrawn in accordance with the Public Contracts Code B. Is determined by the City to be non-responsive
Part 3 Execution of Contract
3.01 Bidder must, within ten (10) calendar days of receipt of the Notice of Award, sign and return the Contract included with the Notice of Award along with each of the following: A. a properly executed Faithful Performance Bond
B. a properly executed Labor and Materials Bond C. properly executed Certificates of Insurance
D. Copies of City of El Segundo Business Licenses for Bidder and each listed Subcontractor
E. Copies of subcontracts, with required restriction clauses highlighted
3.02 Bidder agrees that that City is not required to execute a contract with any Bidder who is awarded a Contract if any of the following occurs:
A. Bidder fails or refuses to sign the Agreement within ten (10) calendar days of receiving theCity’sNoticeofAward
B. Bidder fails to properly submit any of the items as required by this Section, including without limitation, items as identified under item 3.01 of this Section C. City determines that the Bidder is not financially or otherwise qualified to perform
the Contract
3.03 In the event Bidder fails to execute a Contract in accordance with the requirements of the Contract Documents after being awarded the Contract,
A. City will either:
1. disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted, or
2. reject all bids
B. Bidder will be liable for and forfeit to the City the amount of the difference between the amount of the disqualified Bid and the larger amount for which the City procures the Work.
3.04 In the event Bidder fulfills all obligations stated above in accordance with the requirements of the Contract Documents, the City will finalize the Award of Contract by executing a Contract, which involves:
A. signing the Agreement
B. recording acopy ofthecontractattheCounty ofLosAngelesRecorder’soffice C. returning to the Bidder/Contractor the following:
1. a copy of the signed Agreement 2. Notice to Proceed
Section 00 61 00 –Bond Forms
Part 1 General
1.01 Summary
A. Work covered by this Section includes, without limitation, furnishing all labor, materials, equipment and services to:
1. Providing a properly executed Bid Bond as Bid Security with the Bid (unless a certified check is used as Bid Security)
2. Providing a properly executed Labor and Materials Bond 3. Providing a properly executed Faithful Performance Bond B. Related Sections
1. Section 00 21 00 Instructions to Bidders
2. Appendix C-04 Labor and Materials Bond (form) 3. Appendix C-05 Faithful Performance Bond (form) 1.02 References
A. U.S. Treasury Circular 570 - The most current list of Treasury authorized companies is available through the Internet atwww.fms.treas.gov/c570
B. Code of Civil Procedure 995.640 C. Code of Civil Procedure 995.660 (a)
Part 2 Products
2.01 Each Bond must meet the following requirements without limitation: A. Bond must incorporate the Contract by reference
B. Bond must be signed by both the Bidder and Surety
1. The signature of the authorized agent of the Surety must be notarized C. Bond must be issued by a Surety who:
1. is authorized to issue bonds in California
2. is listed in the latest version of U.S. Treasury Circular 570
3. has and maintains the bonding limitation shown in the latest version of U.S. Treasury Circular 570
4. has and maintains the bonding limitation sufficient to provide bonds in the amount required by the Contract
D. Bonds must remain in full effect regardless of any changes in the Work or extensions of time
E. Bond must incorporate a certificate issued by the county clerk for the county in which Surety’srepresentativeislocated conforming with CaliforniaCodeofCivil Procedure§995.640 and stating thatSurety’scertificateofauthority hasnotbeen surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted
2.02 Labor and Materials Bonds must comply with the following, without limitation:
A. Bond amount must not be less than one hundred percent (100%) of the Total Bid (Contract Sum)
B. Bond must be maintained by the Contractor and remain in full force and effect until each of the following conditions are met:
1. Work is accepted by the City Council, and 2. All claims for materials and labor are paid C. Bond must comply with the Civil Code
2.03 Faithful Performance Bonds must comply with the following, without limitation:
A. Bond amount must not be less than one hundred percent (100%) of the Total Bid (Contract Sum)
B. Bond must be maintained by the Contractor and remain in full force and effect for at least one (1) year after the acceptance of the job by the City Council
Part 3 Execution
3.01 Bidder must file a “Labor and Materials Bond”with the City before execution of the Contract to satisfy all claims of material suppliers and mechanics and laborers employed by it on the Work
3.02 Biddermustfilea“FaithfulPerformanceBond”with theCity beforeexecution ofthe Contract to guarantee faithful performance of all Work, within the time prescribed and in a manner satisfactory to the City, and the all materials and workmanship will be free from original or developed defects
3.03 All Bond premiums, costs, and incidentals must be paid for by the Bidder
3.04 Contractor must renew any Bond which becomes insufficient within ten (10) days of receiving notice from the City
A. No further payments must be deemed due or will be made under the Contract until a new Surety is provided which is acceptable to the City.
3.05 Contractor must replace any Bond in the event that the City notifies the Contractor that the Surety of such Bond has become unsatisfactory to the City
A. No further payments must be deemed due or will be made under the Contract until a new Bond is provided which is acceptable to the City.
Section 00 70 00 –Conditions of the Contract
Part 1 General
1.01 Summary
A. Work covered by this Section includes, without limitation: 1. Conditions of the Contract Documents
2. Precedence of Contract Documents 3. Conditions regarding products 4. Authority of Program Manager 5. Disputed Work
6. Extensions of Time 7. Liquidated Damages
8. Termination ofContractor’scontroloverWork 9. Termination of the Contract
B. Related Sections
1. Section 01 26 13 Requests for Interpretation/Information 2. Section 01 27 00 Disputes and Claims Procedures 3. Section 01 42 00 References
1.02 References
A. Business and Professions Code
Part 2 Conditions of the Contract Documents
2.01 The Contract Documents and all copies furnished to or provided by the Contractor are the City’sproperty and may notbeused on otherWork.
2.02 Titles and paragraphs of the Contract Documents are incorporated for convenience only and must not be taken as a correct or complete aggregation of units of Work.
2.03 Contractor must not hold the City responsible, attempt to hold the City responsible, or imply that the City may be responsible for omissions or duplications by the Contractor or Subcontractors due to real or alleged error in arrangement of the Contract Documents. 2.04 The Contract Documents are intended to be complimentary and cooperative and to
describe and provide for a complete project
A. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown on or mentioned in both
B. Contractor must promptly notify the Program Manager of any conflict between or among the Contract Documents, or with applicable regulations
Part 3 Precedence of Contract Documents
3.01 If there is a conflict between any of the Contract Documents, the document highest in precedence must control. The precedence of documents will be as follows:
1. Contract
2. Permits issued by the jurisdictional regulatory agencies
3. Change Orders and/or Supplemental Agreements; whichever occurs last 4. Supplemental Conditions 5. Addenda 6. Bid/Proposal 7. Plans 8. Detail drawings 9. Specifications
10. Notice Inviting Sealed Bids 11. Instructions to Bidders
12. Supplementary Instructions to Bidders 13. Notice to Proceed
14. All other documents identified in the Contract Documents which together form the contract between the City and the Contractor for Work.
Part 4 Execution
4.01 Contractor must be licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of Work to be performed under this Contract
4.02 The Contractor and all Subcontractors must be licensed in accordance with the Business and Professions Code
A. Contractor must provide the City with a copy of such licenses prior to commencing Work
4.03 The Contractor and all Subcontractors must at their own cost obtain a City of El Segundo business license prior to the execution of the Contract, and maintain such license for the duration of the Contract.
4.04 The Contractor must pay all business taxes or license fees that are required for the Work. 4.05 Payment for any item required by the Contract Documents for which there is no specific
bid item will be included in the various items of Work or in any item to which it is appurtenant.
4.06 The Contractor will apply for permits required by the City Building Safety Division. A. Thesepermitswillbeissued on a“no-fee”basis
B. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations.
4.07 The Contractor must pay all business taxes or license fees that are required for the Work 4.08 All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees
costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of Work, and no additional payment will be allowed.
4.09 Contractor will be solely responsible for inaccuracies built into the Work and correcting and the costs of correcting defective Work, including, without limitation, any resulting losses
A. This responsibility is not abrogated in any instance where the Contractor performs any Work which it knows, or should know, involves an error or omission in the Contract Documents
4.10 The Contractor must not take advantage of any error or omission in these Contract Documents, but should such error or omission be discovered, the Contractor must obtain instructions from the Program Manager and the Contractor must carry out such instructions as if originally specified.
A. The Contractor must verify all dimensions and quantities shown in the Contract Documents or thereafter given by the City, and must notify the City of all errors therein which may be discovered by examining and checking the drawings.
1. Dimensions shown in the Contract Documents are nominal and are intended for bidding purposes only.
4.11 The Contractor must complete all Work in accordance with the Construction Schedule and the following conditions:
A. Contractor must confine Work to Working Days between the hours of 7:30 a.m. and 4:30 p.m.
B. Contractor must not perform, nor permit to be performed, any Work between the hours of 4:30 p.m. and 7:30 a.m. of the following day unless specifically provided for in the Contract Documents or unless the Contractor receives prior written approval from the City
C. Contractor must not perform, nor permit to be performed, any Work on Saturdays, Sundays and/or Federal Holidays (see Section 01 42 00) unless specifically provided for in the Contract Documents or unless the Contractor receives prior written approval from the City
4.12 All requirements and provisions apply with equal force to the Contractor, subcontractors, suppliers, and manufacturers
4.13 The Contractor must, upon request, provide documentation satisfactory to the City that clearly demonstrates fulfillment of requirements of the Contract Documents
Part 5 Conditions regarding products and materials
5.01 All products and materials provided and installed must be new and free from defects 5.02 “Or Equal”Clause
A. Whenever a product, material, article, or piece of equipment is specified in the Contract Documents by reference to manufacturers or vendors' names, trade names, catalogue numbers, model numbers, etc., it is intended merely to establish
a standard; and any product, material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered upon written request in accordance with the Contract Documents.
B. For a product, material, article, or piece of equipment to be considered acceptable to the project when a specific material, article, or piece of equipment is identified in the Contract Documents by reference to manufacturers or vendors' names, trade names, catalog numbers, model numbers, etc., a submittal for said item must be submitted no later than ten (10) business days prior to Bid Opening date.
1. An addendum to the Contract Documents, issued by the City, must be issued three (3) business days prior to the Bid Opening date stating that said item has been formally approved for use and may be used in the formulation of a Bid.
2. All such items must not be used on the project without such addenda being issued.
Part 6 Authority of the Program Manager
6.01 Contractormustrecognizetheauthority oftheCity’sProgram Manager,ordesignee,with respect to the following:
A. All Work will be supervised by the Program Manager or designee
B. The Program Manager, or designee, has the authority to notify the Contractor when Work on the project is not in strict compliance with the Contract Documents C. The Program Manager, or designee, has the authority to stop the Work, if
necessary, to prevent its improper execution
D. The Program Manager, or designee, has the authority to reject any Work that does not conform to the requirements of the Contract Documents and the power to enforce provisions stated in these Contract Documents
E. All instructions, rulings, and decisions of the Program Manager, or designee, are final and binding unless formal protest is made under the provisions for "Claims and Protests" in these Contract Documents
F. The Program Manager has executive authority to enforce such decisions and orders that the Contractor must carry out promptly
G. Within contingencies authorized by City Council, the Federal Aviation Administration (FAA), and Los Angeles World Airports (LAWA), the Program Manager has the authority to issue change orders, and time extensions as deemed necessary to best serve the City's interests
6.02 Contractor must comply promptly with any written order of the Program Manager with respect to the authority described in Item 6.01 above
Part 7 Disputed Work
7.01 If the Contractor and the City do not reach agreement on disputed Work, the City may direct the Contractor to proceed with the Work
A. Any payment for the disputed Work will be determined pursuant to the claims procedures in these Contract Documents
B. Although not to be construed as proceeding under extra Work provisions, the Contractor must keep and furnish records of disputed Work as required by the Contract Documents
7.02 Contractor agrees to have disputes or controversy concerning the construction, interpretation, performance, or breach of these Contract Documents, including claims for breach of contract or issues of bad faith decided in accordance with Section 01 27 00. A. Both the City and the Contractor waive their right to a jury trial for these disputes
or issues.
7.03 City may suspend Work, in whole or in part, when City determines that such suspension in the interest of the City
A. Such suspension will be without liability to the Contractor on the part of the City
Part 8 Extensions of Time
8.01 Contractor may be entitled to an extension of time for delays which are caused by unforeseen eventsbeyond theContractor’scontrol,such as:
A. War
B. Earthquakes exceeding 3.5 on the Richter Scale C. Government Regulation
D. Labor disputes or strikes which are outside the contemplation of the parties
1. Labor disputes or strikes which involve trades not directly related to the Project or involve trades not affecting the Project as a whole will not warrant and extension of time
E. Fires F. Floods
G. Changes to the Work as directed by the City
8.02 Extensions of time must be approved by the City and be based upon the effect of delays to the critical path of the Work as determined by the currently accepted Construction Schedule
8.03 Contractor will not be eligible for an extension of time for delays which are within the Contractor’scontrol,such as:
A. Contractor’sinability to obtain materialsin atimely manner
B. Delays to minor portions of the Work that do not affect the critical path of the Work
Part 9 Liquidated Damages
9.01 It is agreed to by all parties to the Contract that:
A. Damage(s) will be incurred by the City, Property Owner(s), Tenant(s) and Occupant(s) (in terms of damage to theProgram’sreputation,inability to meet grant assurances, inconvenience, lost productivity, lost work, lost income,
additional administrative costs, and other costs –both tangible and intangible) whenever the Contractor fails to abide by the requirements of the Contract Documents, including but not limited to:
1. Contractor fails to start Work at a Home on the date identified in the Contract Documents
2. Contractor fails to complete Work before or upon the expiration of the time limits as set forth in the Contract Documents
3. Contractor fails to provide the City with all documentation as required by the Contract Documents and applicable regulations
4. Contractor fails to ensure that individuals employed on the Project do not use sanitation facilities (e.g. bathrooms, kitchen sinks, etc.) of any Home included in the Project
B. The value of actual damage(s) to the City, Property Owner(s), Tenant(s) and Occupant(s) is very difficult, if not impossible, and impracticable to account for C. Contractor will pay the City, not as a penalty, but as predetermined liquidated
damages, the following:
1. Twenty-five dollars ($25) for:
a. each and every calendar day beyond the time prescribed to submit each Request for Interpretation/Information (RFI) and Request for Change Order (RFCO)
b. each and every calendar days beyond the time prescribed to submit Certified Payroll and/or Requests for Payment
2. One hundred dollars ($100) for:
a. each hour of City review of Certified Payroll, beyond two hours for each pay period
3. Five hundred dollars ($500) for:
a. each and every calendar day beyond the time prescribed to start Work at each Home
b. each and every calendar day beyond the time prescribed to complete Work at each Home
4. One thousand dollars ($1,000) for:
a. each and every calendar day beyond the time prescribed to complete the Project
D. Contractor will deliver a goodwill gift, acceptable to the City and with a minimum value of twenty-five dollars ($25), to Tenant(s) or Property Owner(s) of any Home included in the Project for which Work is not completed by the completion date identified in the Construction Schedule
E. Contractor will reimburse the Property Owner for the costs of a professional cleaning service, of the Property Owner’s choosing, to clean the sanitation facilities for each day such facilities are determined to be used by individuals employed
F. City may deduct the amount of liquidated damages from any progress payment, money due or that may become due the Contractor under the Contract in cases where liquidated damages are not paid to the City
9.02 City may demand satisfactory compliance with the requirements of the Contract Documents by serving written notice upon the Contractor and the Surety of its Faithful Performance Bond should any of the following occur:
A. Contractor fails to deliver material and/or equipment within the time specified B. Contractor fails to commence the Work within the time specified
C. Contractor fails to execute the Work in the manner and at such locations as specified
D. Contractor fails to maintain the Work schedule (as determined by the current accepted Contract Schedule)
E. Contractor fails to carrying out the intent of the Contract
Part 10 Termination ofContractor’scontrolovertheWork
10.01 TheCity may terminateContractor’scontrolovertheWork withoutliability fordamages when,in theCity’sopinion,theContractor:
A. is not complying in good faith, or B. has become insolvent, or
C. hasassigned orsubcontracted any partoftheWork withouttheCity’sconsent 10.02 Should theCity terminateContractor’scontrolovertheWork,
A. Contractor will be paid the actual amount due based on: 1. Contract Unit Prices or lump sums bid
2. The quantity and quality of the Work completed and in place at the time of termination
3. Lessdamagescaused to theCity by theContractor’saction orinaction. B. City may do any one, or combination of, the following:
1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract;
2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor;
3. The City may replace the Contractor with a different contractor to complete the Work and deduct the cost thereof from any payment due to the Contractor.
C. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law.
10.03 In the event the City serves written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract:
A. Surety must assume control and perform the Work as successor to the Contractor within five (5) working days
B. Surety musttaketheContractor’splacein allrespectsto any partofWork for which Surety has assumed
C. City will pay Surety for all Work it performs under the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract.
10.04 If the Surety does not assume control and perform the Work within five (5) days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipmentand completetheWork by City’sforces,by letting theunfinished Work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within five (5) days of completion, all costs in excess of the sums due.
A. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law.
Part 11 Termination of the Contract
11.01 The City may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by law, or by official action of a public authority.
Section 00 73 16 –Insurance Requirements
Part 1 General
1.01 Summary
A. Work covered by this Section includes, without limitation:
1. Procuring and maintaining insurance coverage which meets or exceeds the requirements of the Contract Documents
2. Requiring each Subcontractor, who is not covered by the insurance of the Contractor, to procure and maintain insurance coverage which meets or exceed the requirements of the Contract Documents
3. Providing to the City all documentation necessary to clearly show that all insurance requirements for the Project have been met
B. Related Sections
1. Appendix C-02 Insurance Certificate Cancellation Clause (Sample) 2. Appendix C-03 Additional Insured – Owners, Lessees or
Contractors (Form B) 1.02 References
Part 2 Products Part 3 Execution
3.01 Contractor must procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the Work covered by this Agreement by the Contractor, its agents, representatives, employees or Subcontractors:
Coverage per Occurrence ISO Form Combined Single Limit
Comprehensive General Liability GL 00 02 01 85 or 88 $1,000,000
Business Auto CA 00 01 01 87 $1,000,000
Workers’Compensation Statutory
3.02 Contractor will provide endorsements or other proof of coverage for contractual liability. 3.03 Combined single limit per occurrence will include coverage for bodily injury, personal
injury, and property damage for each accident.
3.04 If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City.
3.05 Liability policies must contain, or be endorsed to contain the following provisions: A. General Liability and Automobile Liability
covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers.
2. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it.
3. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers.
4. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
B. Workers’Compensation
1. The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Work performed by the Contractor for the City.
C. All Coverages
1. Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to:
CITY CLERK City of El Segundo 350 Main Street
El Segundo, CA 90245
2. Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date.
3. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self-insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self-insured retentions as respects the City, its officials, employees, agents, and volunteers.
4. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City’sCity Attorney,duly authenticated,giving evidence of the insurance coverages required in this contract and other evidence of coverage or
copies of policies as may be reasonably required by City from time to time. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for Worker’scompensation insurance,allinsurancerequired herein willbe placed with insurers with a Best's Rating of not less than A:VII. Worker’s compensation insurance policies will meet the requirements of California law.
5. All Subcontractors employed on the Work referred to in this contract must meet the insurance requirements set forth for Contractor. Contractor must furnish certificates of insurance and endorsements for each Subcontractor at least five days before the Subcontractor entering the job site, or Contractor will furnish City an endorsement including all Subcontractors as insureds under its policies.
6. Except as otherwise provided, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing Work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any Subcontractor. The City will not be liable for any accident, loss or damage to the Work before its completion and acceptance.
7. The cost of such insurance will be included in the various items of Work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverages needed to meet these requirements will be allowed.
8. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to Work until alternate coverage is arranged.
Section 00 73 19 –Health and Safety Requirements
Part 1 General
1.01 Summary
A. Work covered by this Section includes, without limitation:
1. Ensuring all Work performed under this Contract will be done in strict compliance with all current Cal-OSHA Rules and Regulations
2. Contractor must conform to OSHA requirements for protection of personnel from asbestos-containing materials (ACM) and lead-based paint (LBP) for Work impacted by such materials
Part 2 Protection of the Public
2.01 It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed Work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of Work under this contract.
2.02 Whenever, in the opinion of the Program Manager, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’soperationsand when,in theopinion oftheProgram Manager, immediate action will be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Program Manager will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Program Manager may provide suitable protection to said interests by causing such Work to be done and material to be furnished as, in the opinion of the Program Manager, may seem reasonable and necessary.
2.03 The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety.
Section 00 73 26 –Assigned Contracts (Subcontracts)
Part 1 General
1.01 Summary
A. Work covered by this Section includes, without limitation:
1. Understanding all requirements governing assigned contracts, set forth in the Contract Documents and as required by State and Federal law
2. In addition to requirements set forth in other Contract Documents, Assigned Contracts (Subcontracts) are subject to the requirements of this Section
B. Related Sections
1. Instructions to Bidders 2. Bidding Documents 3. Conditions of the Contract
Part 2 Products
2.01 Subcontractor experience statements 2.02 Copies of Subcontracts
Part 3 Execution
3.01 The Contractor must submit experience statements for each Subcontractor who will perform Work that amounts to more than ten percent (10%) of the Work.
3.02 Contractor is, and must remain, solely responsible for all persons engaged in the Work, including Subcontractors and their employees, and must consider each person engaged in the Work as employees of the Contractor.
3.03 Contractor must be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work
3.04 The City will deal directly with, and make all payments to, the prime Contractor 3.05 Contractor must not, without prior written consent of the City, any of the following:
A. Substitute a Subcontractor designated in its Bid B. Permit any subcontract to be assigned or transferred
C. Allow anyone other than the designated Subcontractor performed Work identified to be performed by such Subcontractor
3.06 Contractor must not subcontract any Work for which no Subcontractor was designated in the Bid will be allowed only 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.
