City of Redondo Beach Public Works Department, Engineering Services Division Pallet Shelter Expansion Project, Job No. 2200/2201 – Specifications

Thursday, October 8, 2026

Formal – V20.0-OG2.2

SPECIFICATIONS

Pallet Shelter Expansion Project, Job No. 2200/2201

Lauren Sablan, City Engineer

PUBLIC WORKS DEPARTMENT

ENGINEERING SERVICES DIVISION

415 DIAMOND STREET, DOOR 2

REDONDO BEACH, CA 90277-0270

(310) 318-0661, FAX (310) 374-4828

Release Date: Thursday, October 8, 2026

Notice to Contractors Inviting Bids

NOTICE IS HEREBY GIVEN that electronic proposals for performing the following described work shall be received through the City's electronic procurement system at https://procurement.opengov.com/portal/redondo. To submit a proposal, contractors must first register at https://procurement.opengov.com/signup. Proposals must be received by 10:00 am on

Thursday, October 29, 2026 via the City's electronic procurement system. Thereafter, said proposals will be publicly opened electronically via the City's electronic procurement system and read at the office of the City Clerk of the City of Redondo Beach, 415 Diamond Street, Door 1, Redondo Beach, California 90277. Any proposal submitted by means other than the City's electronic procurement system will not be considered. For the purposes of the documents set forth herein, the terms “bid” and “proposal” shall be used interchangeably to refer to a Contractor’s submission in response to this request for bids. This interchangeability does not extend to formal or legal distinctions such as “bid bond”, which retains its specific meaning under applicable law.

Pallet Shelter Expansion Project, Job No. 2200/2201

This work includes soil excavation and fill, gravel surface construction, construction of sidewalk, curbs, retaining walls, sewer, water, fencing, guardrails, hand rails, modular units, electrical and lighting improvements, and other items per the Plans and Specifications for the Pallet Shelter Expansion Project.

The estimated cost of the above described work is $675,000. Bidders shall have an active Class

"A" license from the Contractor’s State License Board, a minimum of 5 years of applicable experience and 5 recently completed similar public works projects, at the time of submitting bid.

The Project contract shall be completed and facility shall be made ready for service within 50 working days after the Notice to Proceed is issued.

In accordance with Labor Code Section 1770 et seq., this Project is a “public work,” and thus, the

Contractor and any Subcontractors must pay wages in accordance with the determination of the

Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works, and are available to https://procurement.opengov.com/portal/redondo https://procurement.opengov.com/signup any interested party upon request. Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 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 registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial

Relations.

Five percent of the payments due to the successful Contractor shall be withheld by City as retention for performance security, but the Contractor may substitute securities for said retention pursuant to the Final Payment and Release of Claims Section 7.04 of the General Conditions.

If the Project includes the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, the bid shall contain, as part of the lump sum bid package, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which shall conform to all applicable safety laws, rules, regulations and orders.

If the Bidder is awarded the contract, the contract shall be terminated and the bid bond forfeited if the Bidder fails to provide the applicable insurance certificates and bonds within the time set forth in the Execution of Contract Section 21 of the Instructions to Bidders.

Plans and specifications are only available from the City electronically. Paper copies are not available from the City. Bidders must download contract documents from the City’s OpenGov portal located at https://procurement.opengov.com/portal/redondo.

To be included on the Plan Holder’s List for this Project, a prospective bidder must log in and subscribe to the City of Redondo Beach within OpenGov and follow this Project. Anyone who subscribes to the City of Redondo Beach and follows this Project within OpenGov will receive notice of any published addenda.

Proposals (bids) to perform the work shall be made on the forms provided in OpenGov

(https://procurement.opengov.com/portal/redondo) and in the required format within the Bidder

Questionnaire. All documents and required information shall be submitted complete, including bid bond and list of subcontractors, in accordance with the Instructions to Bidders and other requirements of the bid document.

There is no pre-bid job walk for this project.

Questions regarding documents, discrepancies, omissions, or intent of specifications or drawings, shall be submitted through the City’s OpenGov portal, in writing, at least ten (10) working days prior to opening of bids. Questions will be received by the project manager, Daniel Gruezo.

CITY OF REDONDO BEACH, CALIFORNIA

Eleanor Manzano

City Clerk of the City of Redondo Beach

Instructions to Bidders

01. Registration of Contractors and Subcontractors

Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter

9, Division III, of the Business and Professions Code of the State of California and submit the number and classification of said licenses.

All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to the Department of Industrial Relations (DIR).

02. Questions Prior to Opening Bid

Questions regarding documents, discrepancies, omissions, or intent of specifications or drawings, shall be communicated to the City Engineer, in writing, at least ten (10) working days prior to opening of bids, to provide time for issuing and forwarding an addendum should the City consider an addendum necessary. The City will not be responsible for oral interpretation of the specifications and drawings.

03. Obtaining Drawings and Documents

The Project drawings are available within this Project posting on the City's OpenGov Procurement portal located at: https://procurement.opengov.com/portal/redondo. In order to qualify to bid this

Project, bidders must obtain and properly execute the contract documents and submit executed contract documents electronically through the Project posting on the City's OpenGov

Procurement portal.

To be included on the Plan Holder’s List for this Project, a prospective bidder must log in and follow this Project within OpenGov. It is not required to be on the Plan Holder’s List. However, only those who are on the Plan Holder’s List will be automatically notified of changes to the

Project. This information will also be posted on the City website. Receipt of any Addendum must be acknowledged by the bidder.

Plans and specifications are only available from the City electronically. Paper copies are not available from the City. Bidders may download contract documents from the City’s OpenGov

Procurement portal located at: https://procurement.opengov.com/portal/redondo.

04. Proposal Forms - Submittal

The proposal shall be made on the forms provided electronically through the City’s procurement system with the blank spaces properly filled in. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a bid to be considered responsive. Special attention should be given to completing:

A. Bidder’s Qualifications and References;

B. Designation of Subcontractors; and

C. Bidder’s Proposal Including the Bid Bond

Proposals must be submitted electronically directly through the City's OpenGov Procurement portal for this Project. Proposals submitted by means other than through this Project's bid posting on the City's OpenGov Procurement portal will not be considered. Proposals received after bid opening time as provided herein will not be considered. Prior to the stated bid opening time, a bidder may withdraw his proposal without prejudice by clicking the "unsubmit" button within

OpenGov.

05. Bidder's Proposal - Prices

The bidder shall include in his bid 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 bidder shall use the table(s) provided in the Bidder's Proposal section within the bid posting for this project on the

City's OpenGov Procurement Portal. The bidder shall state for each item on the bidder's proposal table(s), in clearly legible figures, the unit price or lump sum, as the case may be, for which he proposes to supply labor, materials, and equipment and to perform the work required by this

Specification. 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 bid. In the event of a discrepancy between the unit price bid and the item total, the unit price shall prevail; however, if 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. In the event of a discrepancy between the unit price extension and the total amount bid or summaries of totals, the unit price extension total shall prevail.

06. Proposal Form

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 shall be typewritten or legibly printed on the proposal. The bidder shall sign the proposal with his usual signature. An individual submitting a proposal or a partner signing for a partnership shall sign in the presence of a Notary Public and the notarial acknowledgment shall be attached to the proposal. A partner shall sign for a partnership and the names and addresses of all partners shall be given. An officer shall sign for a corporation, the corporate name shall be attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. A signature other than a corporate officer's will be accepted if an authenticated power of attorney is attached.

07. Bid Bond

Each bidder shall submit with his proposal a bid bond for not less than 10% of the total amount of the bid, using the form entitled “Bid Bond” contained in this Specification, and properly executed and acknowledged by the bidder and by a corporate surety authorized to transact such business in the State of California. Such bond 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 bond is executed outside the State of California, all copies of the bond must be countersigned by a

California representative of the surety. The signature of the person executing the bond shall be acknowledged by a notary public as the signature of the person designated in the power of attorney. The surety or sureties on the bond must be satisfactory to the City. The City will reject a surety bond obtained from any company not holding Certificate of Authority from the U.S.

Secretary of the Treasury under the Act of Congress approved July 30, 1947, (6 U.S.C., Secs. 6-

13) as acceptable sureties on federal bonds. Any alteration of said form of bid bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the proposal under which the bid bond is submitted. An electronic copy of the Bid Bond must be submitted in OpenGov as part of the Project submittal.

The City must receive the original physical Bid Bond with wet signature by close of business on the third day after bid opening.

08. Declaration of Non-collusion

Each bidder shall execute and submit with the proposal the Declaration of Noncollusion. The bidder signing the Declaration of Noncollusion shall meet all requirements for signing the proposal form.

09. Bidder's Qualifications and References

The bidder must complete and submit with the proposal all information required within this

Invitation for Bids, the forms provided in the Bidder Questionnaire, and any required fields within the Bidder Questionnaire.

10. Designation of Subcontractors

The bidder must include all subcontracts in excess of one-half of one percent of the total bid within the Designation of Subcontractors form provided in the Project’s Bidder

Questionnaire. Subcontractors’ names, license numbers and class, DIR registration numbers, and city of business shall be complete and legible. Clearly state that portion of the work to be done by each subcontractor listed, by trade and by estimated dollar amount.

11. Examination of Drawings, Specifications, and Site of Work

The bidder shall examine carefully the site of the work contemplated and the proposal, drawings, and specifications therefore. The submission of a bid will be conclusive evidence that the bidder 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 proposal, drawings, specifications, and other contract documents. The bidder is required to ascertain the locations of the existing utility services, and other underground facilities, and to provide for carrying out his operations so as to cause the minimum possible inconvenience to the occupants of property along any streets affected. All work and costs involved in the safeguarding of the property of others shall be at the expense of the bidder to whom the contract may be awarded.

The bidder hereby certifies that he/she has examined the local conditions, has read each and every clause of the Specifications, and that he has included all costs necessary to complete the specified work in his bid prices, and the bidder agrees that if he is awarded the contract he will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the contract. Should the conditions turn out otherwise than anticipated by him/her, the bidder agrees to assume all risks incident thereto.

12. Interpretation of Specifications

Should a bidder find discrepancies in, or omissions from, the specifications or plans, or should the bidder be in doubt as to their meaning, the bidder shall at once notify the City, requesting an interpretation or clarification. Such requests should be submitted through the Questions &

Answers section of the City's OpenGov Procurement portal. Should the City Engineer find that the point in question is not clearly and fully set forth; the City Engineer or designee may issue a written addendum, which will be available on the City's OpenGov portal within this Project posting. The City Engineer will not be responsible for any other explanation or interpretation of the plans or specifications, or for any oral instructions. If the bidder does not so notify the City

Engineer or designee, the bidder shall be conclusively deemed to have read, understood and agreed with all of the information and materials contained in the bid documents.

13. Experience

Bidders, if required, shall present satisfactory evidence that they have been regularly engaged in furnishing such material and equipment and constructing such work as they propose to furnish or construct and that they are fully prepared with necessary capital, equipment, and material to begin work promptly and to conduct it as required by this Specification.

14. Prices and Payments

Approximate quantities listed in the Notice to Contractors and quantities listed for unit price items on the bidding form, are rough estimates given for comparing bids, 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, unless otherwise specifically provided.

15. Substitutions

To obtain approval during bid period to use unspecified products, bidders shall submit written requests at least ten (10) working days before the bid date and hour. Requests received after this time will not be considered. Requests shall clearly describe the product for which approval is asked, including all data necessary to demonstrate acceptability. If the product is acceptable, an addendum will be issued covering it.

16. Modifying Bid

Any bidder may modify his bid by clicking the “unsubmit” button within the OpenGov Procurement portal, making any modifications and resubmitting the bid prior to the opening time. Final prices or terms will not be known by the City until the sealed bid is opened.

17. Bid Opening

All proposals will be opened electronically via the City's electronic procurement system and declared publicly at the time and place stated in the Notice to Contractors. Bidders, their representatives, and other interested parties are invited to be present. After the bid opening, results will be available online with this Project's bid posting on the City’s OpenGov Procurement

Portal located at: https://procurement.opengov.com/portal/redondo.

18. Mistakes in the Bid

A bidder shall be relieved of a bid due to mistakes only if the bidder can establish to the satisfaction of the City Engineer that all of the following circumstances exist:

A. A mistake was made.

B. He or she gave the public entity written notice within five working days, excluding

Saturdays, Sundays, and City or state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred.

C. The mistake made the bid materially different than he or she intended it to be.

D. The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans and specifications.

19. Award

The City reserves the right to reject any or all proposals and to waive technical defects, as the interest of the City may require. Award of contract or rejection of bid proposals will be made by the City within 90 calendar days following the bid opening.

20. Basis of Award

Contract will be awarded to the lowest responsible bidder meeting all requirements set forth in these specifications. The City will award the contract based on the lowest base bid, or the lowest base bid plus the first alternate, or the lowest base bid plus an orderly combination of the alternates, in the order said alternates were advertised.

21. Execution of Contract

Within ten (10) working days after being notified by City that he has been awarded the contract, Contractor shall deliver to the City Engineer the following documents:

1. Two (2) copies of the Agreement in the form included herein, properly executed by

Contractor and, if the Contractor is a corporation, evidence of its corporate existence and that the persons signing the Agreement are authorized to do so.

2. Properly executed copies of the following:

(a) Faithful Performance Bond,

(b) Labor and Material Bond, and

(c) Maintenance Bond in accordance with the requirements set forth in Article 11 of the General Conditions and attached thereto.

3. Properly executed copies on the following City forms:

(a) The General Liability Endorsement and Waiver of Subrogation,

(b) The Automotive Liability Endorsement and Waiver of Subrogation, and

(c) Workers' Compensation Waiver of Subrogation.

4. Certificate of Insurance with 30-day notice in accordance with the requirements set forth in Article 11 of the General Conditions and attached thereto.

In any event that the tenth working day falls on Saturday, Sunday or a legal holiday for the State of California, 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

Engineer, the City shall execute the Agreement and return one of said two copies to Contractor for his files.

22. General Prevailing Wage Rates

In accordance with Labor Code Section 1770 et seq., this Project is a “public work,” and thus, the

Contractor and any Subcontractors must pay wages in accordance with the determination of the

Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Public Works Director, and are available to any interested party upon request. Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site.

23. Failure to Execute Contract

If the bidder to whom the award is made fails to enter into the contract as herein provided and furnish the said bonds and insurance, this shall be just cause for the annulment of the award and the forfeiture of the Bid Bond, and an award may, in the discretion of the City Engineer, be made to the bidder whose proposal is the next most acceptable to the City in the opinion of the City

Council, and such bidder shall fulfill every term, covenant and condition herein as if he/she were the party to whom the first award was made.

24. Bid Protest Procedures

Any bid protest must be in writing and received by the City’s Project Manager before 5:00 p.m. no later than five working days following bid opening (the “Bid Protest Deadline”) and must comply with the City’s Standard Bid Protest Procedures, which are posted on the City’s website at https://www.redondo.org/departments/public_works/engineering_services/cip_bid_opportunities/ index.php https://www.redondo.org/departments/public_works/engineering_services/cip_bid_opportunities/index.php https://www.redondo.org/departments/public_works/engineering_services/cip_bid_opportunities/index.php

Reference Standards

The standards referred to, except as modified, shall have full force and effect as though printed in this Specification, and shall be the latest edition or revision thereof in effect on the bid opening date, unless a particular edition or issue is indicated. Copies of these standards are not available from the City. Abbreviations and terms, or pronouns in place of them, shall be interpreted as follows:

AASHTO: American Association of State Highway and Transportation Officials, Standard

Specifications.

ACI: American Concrete Institute, Standards

AISC: American Institute of Steel Construction, Specification for the Design, Fabrications, and Erection of Structural Steel for Buildings, and the AISC Code of Standard

Practice.

AMCA: Air Moving and Conditioning Association, Standards.

ANSI: American National Standards Institute

APA: American Plywood Association

API: American Petroleum Institute

APWA: American Public Works Association, Standard Specifications for Public Works

Construction

ASHRAE: American Society of Heating, Refrigeration and Air Conditioning Engineers

ASME: American Society of Mechanical Engineers

ASTM: American Society for Testing and Materials, Standards

AWPA: American Wood-Preservers' Association, Standards

AWS: American Welding Society

AWWA: American Water Works Association, Standards

CISPI: Cast Iron Soil Pipe Institute, Standards

CMAA: Crane Manufacturers' Association of America

CRSI: Concrete Reinforcing Steel Institute, Standards

CSS: CalTrans Standard Specifications, State of California, Department of Transportation.

DOSH: Division of Occupational Safety and Health, State of California, Department of

Industrial Relations

ICEA: Insulated Cable Engineers Association

IEEE: Institute of Electrical and Electronic Engineers

IESNA: Illuminating Engineering Society of North America

MSS: Manufacturers Standardization Society

NAAMM: National Association of Architectural Metal Manufacturers

NACE: National Association of Corrosion Engineers, Standards

NEC: National Electric Code

NEMA: National Electrical Manufacturers' Association, Standards

RIS: Redwood Inspection Service, Standard Specifications

SDI: Steel Door Institute

SMACNA: Sheet Metal and Air Conditioning Contractors National Association

SSPC: Steel Structures Painting Council, Specifications

CBC: California Building Code of the California Building Standards Commission

UL: Underwriters Laboratories

WCLIB: West Coast Lumber Inspection Bureau, Standard Grading and Dressing Rules

General Conditions Article 1

Preliminary Provisions

1.01 City's Representative

The City Engineer (sometimes herein called "Engineer") 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.

1.02 Contractor's Representative

The Contractor shall at all times be represented on the work in person or by a foreman or duly designated agent. Instructions and information given by the Engineer to the Contractor's foreman or agent on the work shall be considered as having been given to the Contractor.

1.03 Permits and Licenses

A. The Contractor and all subcontractors shall purchase or hold current and valid City of

Redondo Beach Businesses Licenses during the entire period of the contract. The Contractor shall obtain all permits required by other agencies of the State and County as well as the City of

Redondo Beach. All permits and licenses shall be obtained by and at the expense of the

Contractor and/or subcontractors. The Contractor shall enforce the permit requirements. Permit fees to the City of Redondo Beach shall be waived.

B. Where requirements of the permits differ from those of the drawings and specifications, the more stringent requirements shall apply.

C. The Contractor shall be responsible for payment of all assessments, fees, or charges levied or imposed by any governmental or quasi-governmental authority, or public or private utility, in connection with the work during the entire period of the contract.

1.04 Waiver

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.

1.05 Data Furnished by the Contractor

The Contractor shall furnish the Engineer reasonable facilities for obtaining such information as he may desire respecting the character of the materials and the progress and manner of the work, including all information necessary to determine its costs, such as the number of men employed, their pay, the time during which they worked on the various classes of construction, and other pertinent data.

1.06 Contract Drawings

A. The drawings which form a part of this specification are bound in a separate volume.

B. The City will accept no responsibility for errors resulting from misinterpretation or scaling of the drawings.

1.07 Specifications and Drawings

A. The Contractor shall keep on the job site a copy of all specifications, drawings, and change orders pertaining to the work and shall at all times give the Engineer 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. In case of difference between drawings and specifications, the specifications shall govern. City specifications shall govern over referenced standards. If neither is applicable, manufacturer's specifications and instructions shall apply. The Engineer will furnish from time to time such detail drawings, plans, profiles, and information as he may consider necessary for the Contractor's guidance, unless otherwise provided in the proposal, contract, or special requirements.

B. The Specifications for this project are the entire agreement between the Contractor and

City, which consist of the aforesaid drawings, the Notice to Contractors, the Instructions to

Bidders, the Proposal, Bidding Form, Bid Bond, the Bidder's Qualifications and References, the

Designation of Subcontractors, the Affidavit of Non-collusion, the Pre-bid Site Inspection

Certification, the Workers' Compensation Certificate, the Reference Standards, the General

Conditions, the Exhibits and the Special Conditions. If no Special Conditions are attached hereto, the Specifications are further deemed to incorporate by reference the latest edition of the

Standard Specifications for Public Works Construction as an essential part of the contract documents. Copies of the "Green Book" are available for review at the City Engineer's office or for purchase at the following address: Building News, Inc., 10801 National Blvd., Suite 100, Los

Angeles, CA 90064.

C. In the event of a conflict between the Agreement and the General Conditions, the former shall prevail.

D. All documents forming the complete contract are intended to integrate so that any condition or work called for in any one and not mentioned in another shall be executed as if mentioned in all documents and set forth in the drawings.

1.08 Lines, Grades, and Measurements

A. All lines and grades will be established by the Contractor. The Contractors 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 Contractor or his employees, they must be reset at the Contractor's expense.

B. The Contractor shall inform the Engineer a reasonable length of time in advance of the times and places at which he 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 Contractor of any of the work or delay occasioned by giving lines and grades, by making other necessary measurements, or by inspection.

1.09 Right of Way

A. The site for the installation of equipment or the right of way for the works to be constructed under this contract will be provided by the City.

B. The City will provide the appropriate rights of way and property for pipelines and structures. Upon approval by the Engineer, the Contractor 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 Contractor will be held responsible for any damage to structures, streets, and roads, and for any damage that may result from his 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 Contractor for his operations, he shall make arrangements with the property owners for the use of such additional areas at his own expense.

1.10 Assignment of Antitrust Cause of Action

The Contractor assigns to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter

2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), in connection with the Project, such assignment to be effective upon final payment to the

Contractor without further acknowledgment by the parties.

1.11 Signs

Construction signs are not required for this project.

General Conditions Article 2

Performance of Work

2.01 General

Contractor will at its own cost and expense 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 under the direction and supervision, and subject to the approval of the

City Engineer, or his designated representative.

2.02 No Assignment

Contractor shall not assign the contract or his interest therein in whole or in part without the prior written consent of the City Council, which may be withheld in the City's sole discretion.

2.03 Standard of Performance

Contractor 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 him under the contract will be performed in the best manner; that any material furnished by him will be the best of its class; and that both work and materials will meet fully the requirements of these plans and specifications.

2.04 Defective Work

The Contractor shall remove and rebuild at his own expense any part of the work that has been improperly executed, even though it has been included in the monthly estimates. If he refuses or neglects to replace such defective work, prior to acceptance of the work, it may be replaced by the City at the expense of the Contractor, plus 15% for overhead expenses, and his sureties shall be liable therefore. (See Section 2.14 for curing defects after acceptance of the work).

2.05 Communications Regarding the Work

After award of the contract, all communications regarding the work covered by this Specification shall be addressed to the City Engineer and mailed to:

City of Redondo Beach

Public Works Department

Engineering Services Division

P.O. Box 270

Redondo Beach, California 90277-0270

Or hand delivered to:

Public Works Department

Engineering Services Division

415 Diamond Street, Door 2

Redondo Beach, California 90277

2.06 Independent Contractor

The Contractor 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.

2.07 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 Contractor shall act, without previous instructions from the City, as the situation may warrant. He shall notify the Engineer of the emergency and the action taken immediately thereafter. Any compensation claimed by the Contractor, together with substantiating documents in regard to expense, shall be submitted to the Engineer 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, an emergency involving utility services to the public or danger to public safety, the City's forces, agents or public utility operators will handle such emergency work. If such emergency arises out of or is the result of operations by the

Contractor, the cost of the corrective measures will be billed to the Contractor and deducted from his payment as provided in the contract documents. The performance of emergency work by City forces will not relieve the Contractor of any of his responsibilities, obligations, or liabilities under the contract.

2.08 Subcontractors

A. Each subcontractor shall contain a reference to the contract between the City and the principal Contractor, 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. Each subcontract shall provide for its annulment at the order of the Engineer, if, in his/her opinion, the subcontractor fails to comply with the requirements of the principal contract insofar as the same may be applicable to his work.

B. Nothing contained in this Specification shall be construed as creating any contractual relationship between any subcontractor and the City. The sections of this Specification are not intended to control the Contractor in dividing the work among subcontractors or to limit the work performed by any trade.

C. The Contractor shall be considered the employer of and as fully responsible to the City for the acts and omissions of subcontractors and of persons employed by them, as he is for the acts and omissions of persons directly employed by him.

D. The Contractor shall be responsible for the coordination of the trades, subcontractors, and material men engaged upon his work. It shall be his 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 caused by them or their workmen is made good by them or by himself/herself at his/her expense.

E. The City will not undertake to settle differences between the Contractor and his subcontractors or between subcontractors.

F. The Contractor shall utilize the services of properly licensed specialty subcontractors, without additional expense to the City, on those parts of the work which are specified to be performed by specialty contractors.

2.09 Use of Facilities Prior to Completion of Contract

A. Whenever in the opinion of the Engineer any work under the contract, or any portion thereof, is in a condition suitable for use by the City, the City may, after written notice and designation from the Engineer to the Contractor, use (which includes, but is not limited to, taking over or placing into service) any portion or portions designated by the Engineer.

B. The use of any portion or portions by the City shall not be construed as, and will not constitute acceptance in any sense, of any portion of the work of the Contractor.

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 Contractor, or any other cause, shall be made at the expense of the

Contractor.

D. The use of any portion by the City shall not relieve the Contractor of any of his 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.

2.10 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 this specification. The Contractor shall cooperate and coordinate his work with that of other work forces to assure timely contract completion.

2.11 Agreements with Property Owners

Agreements with property owners for spoiling excavated material, storing materials, or other purpose related to the work shall be made in writing and a copy submitted to the Engineer for his information.

2.12 Protection of Property

All public and private property, pavement or improvement shall be safely guarded from injury or loss in connection with this contract by the Contractor at all times. Should any facility, structure, or property be damaged during operations of the Contractor, he shall immediately notify the proper owners or authorities.

2.13 Contractor'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 an act of God as that term is defined in Section 7105(b) of the Public Contract Code of the State of California, the Contractor shall bear all losses resulting to him 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, or on account of the weather, or floods, or other causes.

B. Materials and Facilities: The Contractor shall be responsible for materials and facilities as hereinafter provided and in the event of his failure to carry out said responsibilities, the same may be carried out by the City at the expense of the Contractor:

1. The Contractor shall be responsible for any material furnished by him and for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work.

2. The Contractor shall protect City facilities from damage resulting from his work. City facilities damaged by or as a result of the Contractor's work under this contract shall be repaired or replaced, as directed by the Engineer, at the Contractor's expense.

3. The Contractor shall remove from the vicinity of the completed work all buildings, rubbish, unused material, concrete forms, and other materials belonging to him or used under his direction during construction.

C. Laws and Regulations:

1. The Contractor shall keep himself fully informed of 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 orders and decrees of bodies or tribunals 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 shall forthwith report the same in writing to the Engineer.

2. He shall at all times himself observe and comply with, and shall cause all his 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 completion of this contract.

3. Nothing in these drawings and/or specifications is to be construed to permit work not conforming to such laws, ordinances, and regulations. If the Contractor ascertains at any time that any requirement of this contract is at variance with such applicable law requirement, he shall promptly notify the Engineer.

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 5 of the General Conditions. If such applicable law requirement was in effect on said date of bid submission, no adjustment of contract price will be considered.

5. The Contractor, at his own expense, shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.

2.14 Guarantee of Work

A. The Contractor guarantees all materials and workmanship against defects for a period of one year, unless noted otherwise, from the date of final acceptance of all work performed under the contract. The date of final acceptance will be as stated on the Notice of Acceptance.

B. The Contractor assumes responsibility for a similar one-year guarantee, unless noted otherwise, for all work and materials provided or performed by subcontractors, manufacturers, or suppliers.

C. The Contractor hereby agrees that if, within a period of one year, unless noted otherwise, after final acceptance of the work done under the contract, any portion of the work installed, constructed, or performed by him/her fails to fulfill any of the requirements of the contract, he/she will, without delay and with the least practicable inconvenience and without further cost to the

City, repair or replace defective or otherwise unsatisfactory work or materials. This agreement will not delay acceptance of the work or final payment.

D. Should the Contractor fail to act promptly in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before the Contractor can be notified or can respond to notification, the City may at its option make the necessary repairs or replacements, or perform the necessary work, and the Contractor shall pay to the City the actual cost of such repairs plus 15 percent.

E. The Contractor shall be responsible for the full expense incidental to making good any and all of the above guarantees and agreements. The above guarantees and agreements are covenants, the performance of which shall be binding upon the Contractor and his sureties.

2.15 Cleaning and Environmental Controls

A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition.

B. Remove waste materials, debris and rubbish from site and dispose off-site legally. Recycling is encouraged. The Contractor should investigate opportunities for recycling.

C. Spoil sites shall not be located where spoil shall be washed back into a street gutter, storm drain, runoff conveyance or ocean.

D. Water containing mud, silt, or other pollutants from activities, shall not be allowed to enter the ocean or placed in locations that may be subject to storm runoff.

E. Any equipment or vehicles driven and/or operated within or adjacent to a street gutter, storm drain, runoff conveyance or ocean shall be checked and maintained daily to prevent leaks of materials that if introduced to water could be deleterious to aquatic life.

F. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any construction, or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area.

G. The Contractor shall comply with all litter and pollution laws. All Contractors, subcontractors and employees shall also obey these laws and it shall be the responsibility of the

Contractor to ensure compliance.

General Conditions Article 3

Time of Commencement and Completion

3.01 Commencement, Prosecution, and Completion of Work

A. Notice to Proceed: The Contractor is not authorized to perform any work under this specification until he has received from the City an official notification to commence work. The date on which the notification is received by the Contractor is herein referred to as the Notice to

Proceed. The Contractor shall commence work within ten (10) calendar days after Notice to

Proceed. A copy of the Notice to Proceed is included in these specifications. The notification to commence work will not be issued until 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 Contractor expressly proposes that he has taken into consideration and made allowances for all ordinary delays and hindrances to the work to be performed and that he will complete the work within the specified time.

C. Required Contract Completion: Facility shall be made ready for service within 50 working days after the Notice to Proceed is issued. Work on Saturdays or after hours requires prior consent of the City Engineer and is subject to Cost of Overtime Construction Inspection. Work on

Sundays or City holidays is generally not permitted.

3.02 City's Discretion to Extend 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 sole right, in its discretion, to increase the number of working days or not, as may seem best to serve the interest of the City.

3.03 Delays and Extensions of Time for Contractor

A. The Contractor shall take reasonable precautions to foresee and prevent delays to the work. In the event of any delay to the work, the Contractor 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 Contractor's control, it is not excusable and not compensable, and the Contractor 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 Contractor except for causes of delay specified in Paragraph 3.03-D., such delay may be excusable and may entitle the Contractor 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 acts of God.

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…