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CONTRACT 6212 Public Works Contract CLOSEDAgreement No. 6212 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND UNION CONSTRUCTION COMPANY CIVIC CENTER MAINTENANCE AND REPAIRS PROJECT PROJECT NO.: PW 21-11 This CONTRACT is entered into this 16th day of November, 2021, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and UNION CONSTRUCTION COMPANY, a California Corporation ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials, equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D, "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed a total of ,Sri ;undyed Six!y..Two Thousand Five Hundred TwentyFive dollars ($662,525) plus a contingency amount, which may or may not be used, of One Hundred Thirt Two Thousand dollars ($132,000) for the Work in the manner set forth in the Contract Documents. The City may adjust this arnount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Sixty 60 working days (the "Contract Time.") Agreement No. 6212 B. The Contract Time will continence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D, By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Tune. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6, TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not Agreement No. 6212 in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to snake transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Ci City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attention: James Rice jrice@elsegundo.org (310) 524-2316 The Contractor Union Construction Company 1353 N. Pacific Avenue Glendale, CA 91202 Attention: Paul Shin unioncpc@yahoo.com (213)422-5004 Any such written communications by snail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is forthe exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. Agreement No. 6212 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a parry is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 6212 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabosvc written. C OF EL SEGr cote Mitnick City Manager ATTEST: Tra '+ear, Ci, Clerk PP'R VED AS TO FORM. lida �n Marl D. Hensley, City tterney Insurance Reviewed by: Hank Lu Risk Manager UNION CONSTRUCTION COMPANY ame: n Title: d Taxpayer ID No. '�- 4o�73 79 Contractor State License No.: 7 Contractor City Business License No.: Agreement No. 6212 CALIFORNIA ALL-PURPOSE ACKNOWILEDGa"ARANIT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Pndividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _J10S Angeles On 12-07-202l before me, A. Valadez, Nota ry Public Date Hera insert Name and Title of the Officer personally appeared Name(s) of Signer(s) who proved to me oil the basis a! se-OiSg;,Iactori evidence to be- IMIOSe name(s) Ware subscribed to the within instrument and ac<rcviledged tc� one rhaf e;?,,"cutad the same ji-, 1 -s' - perscinW, o''n t'le tr trurnent the his/her/their authorized capacity(ies), and -hat b'Y aign, tu,,­Ius� or the entity upon behalf of which the pe, zrj, I exscutecl the i'nsirxrem, A,VALADEZ z Notary Pubtic - California Lcs� Angeles County j CcrnrnMion # 2314171 14y Comm. ExpVe5 Sep 23, 2024 I certify under PENALTy OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature Nora blic Place Notary Seal Above OPTIONAL Though this section is optional, complet'ji-7-0 "'S infiormarion can de.ar 'ic,, o -the document or I fraudulent reattachment of this to are unintended docurr7en," Description of Attached Document Title or Type of Document: &4-" .51 !1— Documert Date: 2-OZ/ Number of Pages: — Signer(s) Q'L�er Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _. ED Corporate Officer — Title(s): . . ..... D Partner — 0 Limited 0 General 11 Individual El Attorney in Fact 0 Trustee 11 Guardian or Conservator El Other: Signer Is Representing„ Signer's Name: :1 Corporate Officer — Title(s): L❑I Par' 1 ; net — --l-innited — General I[] Individual —'Attorney in Fact F7 Trustee Guardian or Conservator ID Other: Signer is Representing: & M 02014 National Notary Association - ww),,/, NatioralNotary.org , 1-800-US NOTARY (1 -800-876-6827) Item , #5 , 907 Agreement No. 6212 PROPOSAL GUARANTEE BID BOND CIVIC CENTER MAINTENANCE AND REPAIR PROJECT PROJECT NO.: PW 21 -1l KNOW ALL MEN BY THESE PRESENTS that, Union Construction Company , as BIDDER, and _..�......_ _ �_..__._�... _. �.... �..m Merchants Bonding Company (Mutual) as SURETY, at-e held and firmly bound unto the City of El Segundo, in the penal sum of roi Percew of foWl BW Amo uW DOLLARS ($ ,101•� which is ten 00%) percent: of the total amount bid by IIID—DE R to tNte City of I:f Segttndo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. 'of Bid Amount THE CONDI.TIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted atld a contract is awarded and entered into by BIDDER in the manner and tiilie specified, then this obDff;�ttion shall be null and void, otherwise it shall remain in full force and effect in tav�or of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 8th _ day of September 2021 BIDDER* Union Construction Company; 1353 N. Pacific Avenue, Glendale, CA 91202 SURETY* 1W)rehantsAnding Coonp y (Mutual); t'OXox/14498 Des Moines, IA 50306; (515)243-8171 Vanessa Copeland, Attorney -in -fact; 151 Kalmus Drive, Suite A201, Costa Mesa, CA 92626; (714)546-5100 Subscribed and sworn to this day ofSeeee Atta.....ed ?0 Attached NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. 1-C-9 Agreement No. 6212 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of range ) On --before me, personally appeared .................... Vanessa Copeland Name(s) of Sl.................$) Signer(s) Natassia Kirk -Smith Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NATASSIAKIRK-SMITH Notary Public - CalifOrange (�_�D County Commission 1 2253818 My Comm. Expires Aug 12, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and office , Signaw Signature ud"' "ol aa• bIic, OPTIONA/. Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland......................—...�..w..........._.�_____ ❑ Individual ❑ Corporate Officer —Title(s):......................... ❑ Partner: ❑Limited ❑ General © Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: .. ................. ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Tnistee ❑ Guardian or Conservator ❑ Other. - Signer Is Representing: Rev. 1-15 Agreement No. 6212 M,EPC H, ANT BONDING mmmmCOMPANY-,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Lisa Pellerito; Mark Richardson; Michael Castaneda; Natassia Smith; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate: to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of January 2021 pp.y.p �lr * y** M* Co pp , **, MERCHANT'S BONDING COMPANY (MUTUAL) 'Se,,�;,, , .. MERCHANTS NATIONAL BONDING, INC. �w " wF- _p Zt 2003 .� 1933 * try STATE OF IOWA * "+'.....* COUNTY OF DALLAS ss. On this 11th day of January 2021 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. POLLY MASON a � � w Commission Number 750576A� My Commission Expires w r January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 8th day of October 2021 CO ) 933 * Secretary 200 * a,.' POA 0018 (1/20) Agreement No. 6212 r �N September 16, 2021 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for CIVIC CENTER MAINTENANCE AND REPAIRS PROJECT PROJECT NO.: PW 2 1 -11 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: a. The mandatory pre -bid meeting was revised from the originally advertised date of Tuesday, September 21, 2021 to be on Tuesday, September 28, 2021 at 9:00 AM. The meeting location remains the same as stated in the bid documents, which is the City Hall Courtyard. b. The bid due date was revised from the originally advertised date of Tuesday, October 5, 2021 to be on Tuesday, October 12 2021 at 11:00 AM. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non -responsive and subject to rejection. Signature: _ WPM ..� Date: Print Company Name: 4 1 `�Y-) __ . Agreement No. 6212 CITY OF EL SEGUNDO -- PUBLIC WORKS DEPARTMENT ATTENDANCE SHEET PRE -BID JOB WALK PROJECT NAME: PW 21-11: Civic Center Maintenance and Repairs Project DATE: September 28 2021 DAY: Tuesday TIME: 9:00 a.m. LOCATION: Courtand outside City Hall NAME Organization Phone/Fax No./Email James Rice City of El Segundo Ph: 310-524-2316 E: jrice@else undo. os Ins A "�-�o eNi S Ph: l S- - zq 1 — 2-7 2Cv E: t3�7 OP Ph: re 6 E: Ph: 213) � n E U R('OncPcCa Yc\hoD. Cow) 22�'r vul✓i� Ph: 5'62 9.?-_ Y12 I ' C':—Z COO S �rJC �G4 Ph: l i SS 6e' C �W5 E. � �0�lrl�dia Qr J Givt. I��,v �n� Ph: S(v.�; - 3 i - i (Q a-1 E:- rne�ers c.�n•�� vv\ Q r�ou�ah � �t Ph:I E: I� GO rV% AN I- G6'►- Agreement No. 6212 CITY OF EL SEGUNDO -- PUBLIC WORKS DEPARTMENT ATTENDANCE SHEET PRE -BID JOB WALK PROJECT NAME: PW 21-11: Civic Center Maintenance and Ike airs P"ro'ect DATE: September 28, 2021 DAY: Tuesday TIME: 9:00 a.m. LOCATION: Courtyard outside City Hall NAME Organization Phone/Fax No./Email Ph: �y -� o Z Ivirf 1 X A",i Ph: E: Ph: E:. Ph: E: Ph: E: Ph: E: Ph: E: Ph: E: Ph: E: Ph: E: Ph: E: d Agreement No. 6212 PROPOSAL FOR THE CIVIC CENTER MAINTENANCE AND REPAIR PROJECT PROJECT NO.: PW 21-11 Date .... a-t , 202 Company Name: —�J At, n t D TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may affect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. Agreement No. 6212 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 6212 BID SCHEDULE CIVIC CENTER MAINTENANCE AND REPAIR PROJECT PROJECT NO.: PW 21-11 Company Name: BASE BID ITEMS ITEM NO. GENERAL ESTIMATED UNIT PRICE ITEM TOTAL DESCRIPTION UNIT QUANTITY (IN FIGURES) (IN FIGURES) DOLLARS/CENTS DOLLARS/CENTS ITEMS (ALL WORK AREAS) 1 Mobilization / demobilization (maximum LS 1 5% of total bid) __. _ ... Hazardous materials abatement per 2 Cal/OSH and AQMD requirements, in LS 1 accordance with the Contract Documents and applicable laws. 6 3 0- ..... ............... 3 O Demolition, including demo of existing ........ walls, electrical, data, mechanical 3 systems, doors, door stops, millwork, LS 1 counters, flooring, interior windows, cashier window, fire panels, furniture, in accordance with the Contract Documents.� , ° — Construction of mechanical duct and 4 equipment reconfigurations, in LS 1 accordance with the Contract Documents. 574--oo - ._....�. (SID Construction of new non -bearing walls 5 and partitions including any required LS 1 structural steel, in accordance with the 14, 600 �� 800 Contract Documents. ............................................................_,_,_IT__ Procurement and installation of new light 6 fixtures, switches and controls, in LS 1 3,2 �� 32- accordance with the Contract Documents. • Procurement and installation of electrical 7 and data circuits, conduits, and outlets, in LS 1 42,000 - 2/ 00� accordance with the Contract Documents. Procurement, construction, and 8 installation of new/relocated doors, jambs, and hardware, in EA 5 accordance with the Contract Documents. Procurement and installation of new 9 millwork, counters and cabinetry, in LF 200 �y 000— accordance with the Contract Documents.mm_ �mmmmmmm _..._ ITITITITITIT0I21 Construction of ceiling grid and tile 10 modifications, in accordance with the SF 1,450 �. " 2 2� Contract Documents. __. .............................. I-C-3 Agreement No. 6212 Procurement and installation of meeting 11 chairs, in accordance with the Contract EA 11 $500 $5,500 Documents. ..... _............... _. Procurement and installation of task 12 chairs, in accordance with the Contract EA 25 $300 $7,500 Documents. Procurement and installation of guest 13 chairs, in accordance with the Contract EA 22 $300 $6,600 Documents. ..and installation of 3-foot by Procurement 6-foot meeting tables, in accordance with 14 the Contract Documents. Refer to EA 2 3 D� if 6 0C) — Division 12 of the specifications shown in ' Appendix C for details and requirements. Procurement and installation of 3-foot by 8-foot worktable, in accordance with the 15 Contract Documents. Refer to Division 12 EA 1 3 2 00 3 2 C0 — of the specifications shown in Appendix C , for details and requirements. Procurement and installation of modular workstations, in accordance with the 16 Contract Documents. Refer to Division 12 EA 10 ' SRO 1 6" O OCR of the specifications shown in Appendix C for details and requirements. Removal, relocation, and reinstallation of 17 existing furniture and workstations to be LS 1 lox 8 - /0" S co — reused, in accordance with the Contract Documents. Finishes — painting, patch/repair ceilings, 18 drywall, in accordance with the Contract LS 1 25-, 5-Z�l 0 Documents. ....... _........._ 19 Miscellaneous improvements as LS 1 $15,000 $15,000 determined necessary by the engineer. MAIN LOBBY AND DEVELOPMENT SERVICES AREA Procurement, construction, and 20 installation of new interior windows, in EA 1f— accordance with the Contract Documents. �_....... ........................ ..... ._ 21 Construction of new cased openings, in EA 1 � /� �r� �-. accordance with the Contract Documents. .................................... Removal, relocation, and replacement of 22 existing drinking fountain, includes furred EA 1 a(�C�i L�� dC��— wall construction and plumbing, in r accordance with the Contract Documents. ................ ...._ _.. Procurement and installation of new water 23 fountain guardrail, in EA 2 4, Soo — accordance with the Contract Documents. I-C-4 Agreement No. 6212 Removal and capping of the existing .................. 24 pneumatic tube system, in EA 1 accordance with the Contract Documents. ........ Procurement and installation of 25 new/relocated thermostats, in accordance LS 1 2� 17 2, 1 7O with the Contract Documents. Construction of gypsum vaulted ceiling, 26 in accordance with the Contract SF 150 2 706 _ Documents. Procurement and installation of new 27 carpet, including flooring prep, in SF 3,400 1 Q --- 34, , 0oo `1' accordance with the Contract Documents. Relocation and re -installation of existing 28 fire panel, in accordance with the Contract EA 1 �/ d oo— 4t 000 Documents. Procurement and installation of 50-inch 29 flat screen monitors, in accordance with EA 2 $800 $1,600 the Contract Documents. Relocation and re -installation of full-size 30 refrigerator, in accordance with the EA 1 Contract Documents. _ _........ .. ...... ._. ......__ __ Relocation and re -installation of wall 31 mounted fire alarm, in accordance with EA 1 2,300 2, 3d 0 the Contract Documents. Procurement and installation of new fire 32 extinguisher, in accordance with the EA 1 Contract Documents. Procurement and installation of mobile storage pedestals, in accordance with the 33 Contract Documents. Refer to Division 12 EA 5 8pp 00O of the specifications shown in Appendix C for details and requirements. Procurement and installation of 24-inch 34 by 24-inch computer table, in accordance EA 1 $300 $300 with the Contract Documents. Procurement and installation of backing at 35 wall mounted furniture panels, in EA 5 600 3,, 000 accordance with the Contract Documents. WEST CONFERENCE ROOM Construction of new furred wall at north 36 end of room, in accordance with the EA 1 O �� 8 D60 Documents. _Contract Construction of new furred wall at south a CC) 37 end of room, in accordance with the EA 1 Contract Documents. I-C-5 Agreement No. 6212 .............. Procurement and installation of _ .............................._ _........... _._. 38 undercabinet lighting, in accordance with EA 2 14bo �00 — s. t e ontract Document i ...... _... ............... Procurement and installation of new 39 carpet, including flooring prep, in SF 500 accordance with the Contract Documents.. Procurement. ... and installation of 40 undercounter refrigerators, in accordance EA 2 2�C'OCD 4, C)p0 with the Contract Documents. _............._. _....._._ Procurement and installation of stone 41 countertop, in accordance with the LF 35 70 2/ 4 5 0 Contract Documents. ........................._ ..... ........ .... .... ..... .................. Procurement and installation of 240-inch 42 City of El Segundo map, in accordance EA 1 $1,000 $1,000 with the Contract Documents. _.................. _..... ..................... Procurement and installation of new custom conference table, in accordance 43 with the Contract Documents. Refer to EA 1 800 6 Division 12 of the specifications shown in Appendix C for details and requirements. HUMAN RESOURCES AREA Relocation and installation of new sink, garbage disposal, Insta-hot water heater, 44 and faucet, including plumbing LS 1 5,400 �;7i 400 reconfiguration, in accordance with the Contract Documents. Procurement and installation of VCT 45 Water resistant flooring adjacent to SF 60 25 �O kitchenette, in accordance with the , Contract Documents. ._......... ............ Procurement and installation of EZ2 46 Rotary Action File storage cabinets, in EA 5 2600 m C) ..........._.._. accordance with the Contract Documents. I ........................ ...... � Procurement, construction, and 47 installation of new interior windows, in EA 1 r� cr I GlOC7 accordance with the Contract Documents. ............... Procurement and installation of U-shaped desk, in accordance with the Contract 48 Documents. Refer to Division 12 of the EA 2 specifications shown in Appendix C for details and requirements _. g at Procurement and installation of backinanels, 2 49 wall mounted furniture p in EA 2 / b a accordance with the Contract Documents. I-C-6 Agreement No. 6212 TOTAL BID FOR ITEMS 1-49 IN FIGURES = 6 _;Z 52 5 eo TOTAL BID WRITTEN IN WORDS: ►. A -a OEM o I-C-7 Agreement No. 6212 BIDDER'S INFORMATION Com . _ - •mftn BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) Business n --a n Address (5,5-3 W. 4 c"zT c N/e iuw�� 1 �p � ,.. i 111► Telephone No. Zf 00 Facsimile No. State Contractor's License No. and Class q Original Date Issued Expiration Date 2z -�Z 2 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: _- M t 5 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I-C-8 Agreement No. 6212 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this day of 20� BIDDER Subscribed and swom to this day of 120, NOTARY PUBLIC I-C-8 Agreement No. 6212 BIDDER'S INFORMATION (CONTINUED) Company Name: Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Title: W lklc I-C-9 Agreement No. 6212 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: ;'1 377 —.—Class No.: F 2. The expiration date of BIDDER'S Contractor License is: 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non -responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on 10 — , 2Oa, at (insert City and State where Declaration signed). / i4_10 Si www Typed Name e Title U(l is n n � 4i-n C b. Company Name I-C-10 Agreement No. 6212 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of I tm�m ) ('In U I � , t'° being first duly sworn, deposes and say that he or she is the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. a u) i-er Title Name of Bidder/Company Name I a-� Date I-C-11 Agreement No. 6212 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder' " °Y Title: _ r Business Name: r & Of) Business Address:_~a4 _� Telephone Number: ( Dated this day of 06b 6 r , 20eZj, I-C-12 Agreement No. 6212 DESIGNATION OF SUBCONTRACTORS CIVIC CENTER MAINTENANCE AND REPAIR PROJECT PROJECT NO.: PW 2 1 -11 Company Name: w.........'n 11 As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Subcontractor's Contractor Description of License No., & Portion of Name of DIR Work Estimated Subcontractor Address Registration No. Subcontracted $ Amount (Number and Street) (CSLI3 #) (City, Zip Code) (DIR #) _. ................. m .... ......... I- Tech 42 1 Ansvi-51 _Ay I � � —�� o2 _love°61, 1 �I C .... 51, o°a_ ................. Pe T 4 i - �- � o o e-�2.. �►s s'70/43R boa 7o 7 /rS�IIh I�Ie�Yh o7 Svc44. ZP3T7 4 cal mod_ .............................. (Make opie,ofthis page if additional space is needed) Si iat 'e o ' Bidder Date I-C-13 Agreement No. 6212 REFERENCES Company Name: Mf k��V- The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or maj or Subcontractor within the past five (5) years: Project Title: - a Location: U,- S Name and address of owner Name and current tcicph�ne number of person familiar with project Type of Work: Contract amount: $ Date completed .2�� Amount of work done by my/our firm under Contract $ mmmmmmm Gj �3, OlSCO — Did your fimn have any financial interest in Project? 90 2. Project Title: TA D) Yj ,n n Location: N i G,D 1 S c Name and address of owner 2--6/0!b Name aai l current telephone mi nber of person familiar with project Type of Work: "� n Contract amount: $ .„_ OQU— Date completed: Amount of work done by my/our finn under Contract $ITITITITITITITITITITIT / Did your firm have any financial interest in Project? No I-C-14 Agreement No. 6212 Q Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Ce `+ Contract amount: $ ITIT--ITITIT Date completed: v 2CC Amount of work done by my/our firm under Contract Did your firm have any financial interest in Project? M c7 Project Title: f4" Lc,, �J&6 Location: Name and addres'S of owner O,. 66-i5 Name and current telephone number of person familiar with project: nor Type of • M 1.^^ Contract amount: $ 50, 6 c7 O— Date completed: Amount of work done by my/our fine under Contract $, Did your firm have any financial interest in Project? I-C-15 Agreement No. 6212 Name and addri ss of owner Name and current telephone number of person familiar with project: Type of Work: L . Contract amount: $ C)00 — Date completed ?V3012 Amount of work done by my/our firm under Contract $� O c) CD ,�/ ...1.......... Did your firm have any financial interest in Project? ' �t 0 Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I-C-16 Agreement No. 6212 REFERENCES Company Name: �. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime Contractor or major Subcontractor within the past five (5) years: Project Title: Location: f l/ W. 32/mCc I a Name and address of owner ® , r 75-2 Name and current telephone number of person familiar with project Type of Work: � S d�. Contract amount: $ 0 — Date completed: 5 L.2 71-2 2 Amount of work done by my/our firm under Contract $----� ": Did your firm have any financial interest in Project? A( O Project Title: LWe Location: e 1� e/e aoa �G Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $d5 , r.00 Date completed: Amount of work done by my/our finn under Contract $ i O O0 Did your fine have any financial interest in Project? X4 O I-C-14 Agreement No. 6212 Q Project Title: `T-WO Location: %% OP " -Ave . 1 Name and address of owner C / 272 73`2 3 Name and curreo telephone number of person familiar with project Type of Work: Contract amount: $ 4- 7, 00 0..- Date completed: 4A512&2 Amount of work done by my/our firm under Contract $ mmml �4 % O D O — Did your firm have any financial interest in Project? �c-,_...._. Project Title: e �) Location: N - J 8— a2 Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ 52-Zj OC)0 Date completed: 5 2- Amount of work done by my/our firm under Contract $ "' 0 Did your firm have any financial interest in Project? _ N0...-................ I-C-15 Agreement No. 6212 Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under Contract $ Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I-C-16 Agreement No. 6212 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS CIVIC CENTER MAINTENANCE AND REPAIR PROJECT PROJECT NO.: PW 2 1 -11 "W1 0.10 ** r Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. Have you ever been disqualified from any government contract? Yes ❑ No X 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ❑ No i3idder's Signature Name (Please Print) I-C-17 Agreement No. 6212 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] CIVIC CENTER MAINTENANCE AND REPAIR PROJECT PROJECT NO.: PW 2 1 -11 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of lta, urance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." ./ A --- Date _ t1 Sag acre I-C-18 Agreement No. 6212 END PROPOSAL SECTION I-C-19 Agreement No. 6212 The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officer(s) of the City of El Segundo. DATED this 71h day of September, 2021. CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk Agreement No. 6212 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND CIVIC CENTER MAINTENANCE AND REPAIRS PROJECT PROJECT NO.: PW 21-11 Bond No. CAC720532 Bond Fee: $10,125.00 Union ConstrUCtion CamPanv _ ("PRINCIPAL") and _._ . �..,.n...... a corporation Merchants Bonding Company (Mutual) ..-WWWWWWWW.._......... ..-m......_... ._ incorporated under the laws of the State of Iowa . mmTyTy „m and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of Six Hundred Si&ty!Iw Thousand,._Five Hundr d rwgq! h"i � �l)l1atr ($662,525) lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 21-11, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 21-11, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division, CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I-E- t Agreement No. 6212 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the EI Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 21-11 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCI.PAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. fsirGNATs�.�,FOLLOWING l�aGj I-E-2 Agreement No. 6212 SIGNED AND SEALED this 1st day of lnion,�;Wstruc i ornpany � -.-� I 's PRES be 20 tsAo ding Corgi ny (Mutt S TV's RXEMM Vanessa Copeland, Attorney -In -Fact 4 5RINCIPAL's SECRETARY Y Si),, TY's Terah Lane, Witness PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: Union Construction Company Merchants Bonding Company (Mutual) 1353 N. Pacific Avenue _ PO Box 14498 �-�es Moines, IA 50306 3498 Glendale, CA 91202 D NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-E-3 Agreement No. 6212 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On be fore me, �.. Natassia Kirk -Smith _uuu" Notary Public, personally appeared r Vanessa Copeland _. _....__.._ �..._.�...__.. ...... Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. srra. a a a► NATASSIA KIRK -SMITH Notary Public - California z ' Orange County Commission p 2253818 My Comm. Expires Aug 12, 2022 Place Notary Sea] Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ]tiv hand and official s - Signat e: Signature of NotaryV .. bl� OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named Abovea Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland ❑ Individual ❑ Corporate Officer - Title(s):_....... u _ITIT ITITIT ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name -..— El Individual ❑ Corporate Officer - Title(s):............... ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. "1-15 Agreement No. 6212 MTRC ANTS BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Lisa Pellerito; Mark Richardson; Michael Castaneda; Natassia Smith; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of January 2021 40 �Cp". pf° * MERCHANTS BONDING COMPANY (MUTUAL) .""^, "",`,.;, MERCHANT NATIONAL BONDING, INC. 1933 s„� 20C��3 "�; � .°� By STATE OF IOWA **"*****m*s*w""• s•"*" "•' COUNTY OF DALLAS ss. On this 11 th day of January 2021 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A�,�tA4 POLLY MASON o Commission Number 750576A�� My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of December 2021 , 2003 1 33' Secretary %fr POA 0018 (1/20) "" ***"�`* Agreement No. 6212 1 0 111 Mn 10%, 1 1 11t, 0 "1, . M THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Merchants Bonding Company (Mutual) of Iowa, organized under the laws of Iowa, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the fallowing classes of insurance: Surety, Liability, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the Is' day of October, 2015, 1 have hereunto set my hand and caused my official seal to be affixed this I" day of October, 2015. By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Agreement No. 6212 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE LABOR AND MATERIALS BOND CIVIC CENTER MAINTENANCE AND REPAIRS PROJECT PROJECT NO.: PW 21-11 Bond No. CAC720532 Bond Fee: Included in Performance Bond Union Constt-uction Coma , as principal ("PRINCIPAL") and Merchants Bonding Company (Mutual) ,a corporation incorporated under the laws of the State of Iowa and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of Six Hundred Sixt Two Thousand Five Hundred Twenty Five dollars ($662,525), lawful money of the United States, which inay be increased or decreased by a rider hereto executed in the same manner as this bond, for the p,3yment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPALandall PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in SPECIFICATIONS NO. PW 21-11 ("Public Project"), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 21-11, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles, which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. I-F-1 Agreement No. 6212 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 21-11, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and & A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL°s obligation will he void upon the acceptance of the performance by CITY; otherwise this obligation wiII remain in full force and effect. ISIGh ATI,1„RE O-N Y01, LOWING PAGE) I-F=2 Agreement No. 6212 SIGNED AND SEALED this 1st day of Dece Union Construction Company Mercha s PRESID na PRINCIPAUs MAILING ADDRESS: Union Construction Company 1353 N. Pacific Avenue Glendale, CA 91202 2021 SURETY's V%QMJ0SNx Vanessa Copeland, Attorney -In -Fact SURETY's $508NAAW Terah Lane, Witness SURETY'S MAILING ADDRESS: Merchants Bonding Company (Mutual) PO Box 14498 Des Moines, IA 50306-3498 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Cleric's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-F-3 Agreement No. 6212 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL, CODE 1189 ,�,...,..,....,-..,....,..,.............,..,......,....�.....,.:..,.,....,,,,...-.,..,......,..,.:.. _ emu:.-,: ;.:� :..,...... _ h.:.,.,......,....,....,... _.,.,..-..-.. ;>r: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On H 1 before me, _ Natassia Kirk -Smith Notary Public, personally appeared mmm Vanessa Copeland Name(s) ot. Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/tlrey executed the same in his/her/their authorized capaeity(ies), and that by his/her/their signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. NATASS1A KIRKAWTH Hotaq Nblit California + orange County$ ianStatg Crarlkn�t45 My Cap. x�lrrr�Au t�. 20�1 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS ]raver lean and official al Si,gnat re: Signature of Sot id OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document: Document Date: Signer(s) Other Than Named bo%v Capacity(ies) Claimed by Signer(s) Signer' Vanessa Copeland s Name: Van .mm..._ .o....p.eland . ❑ Individual ❑ Corporate Officer — Title(s): mmmmmm ❑ Partner: ❑Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner: ❑Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Rev. 1—"15 Agreement No. 6212 MERCHANjIS BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Eric Lowey; Jennifer Grenrood; Karyl A Richter; Kevin Cathcart; Lisa Pellerito; Mark Richardson; Michael Castaneda; Natassia Smith; Teresa I Jackson; Vanessa Copeland their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11 th day of January 2021 IION4 •"""m' (+*""» `• MERCHANTS BONDING COMPANY (MUTUAL) "�1 ,` y Ct P 4 r MERCHANTS NATIONAL BONDING, INC.. o- 2003 1933 By STATE OF IOWA COUNTY OF DALLAS ss. On this 11th day of January 2021 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A�fktt POLLY MASON 0 Commission Number 750576 " My Commission Expires rO * January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of December 2021 , .w 20a3a;: 1933,R Secretar «" POA 0018 (1 /20) ........ Agreement No. 6212 IN 01 N AI N � � � KN 112 RAU L10 THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Merchants Bonding Company (Mutual) of Iowa, organized under the laws of Iowa, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety, Liability, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the P day of October, 2015, 1 have hereunto set my hand and caused my official seal to be affixed this I" day of October, 2015. Dave Jones Insurance Commissioner By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate ofAuthority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.