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CONTRACT 6312 Public Works Contract CLOSEDAgreement No. 6312 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND FLOOR COVERING UNLIMITED, INC. FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 This CONTRACT is entered into this 15"' day ofMarch, 2022, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and FLOOR COVERING UNLIMITED, INC. ("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 terns 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 Seventv Ei aht Thousand Six, Hundred. Seven Nine DoLlars ($78,679.00) for the Work in the manner set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within six 60 working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. Agreement No. 6312 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: i. 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 Time. 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. S. 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 in any manner limit or qualify the liabilities and obligations otherwise assumed by the Agreement No. 6312 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 make 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 Cily City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attention: Arianne Bola abola@elsegundo.org (310) 524-2364 The Contractor Floor Covering Unlimited, Inc. 9601 Cozycroft Ave., #8 Chatsworth, CA 91311 Attention: Lenin Bueno floorcoveringunitd@msn.corn (323) 651-5290 Any such written communications by mail 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 for the 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. 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. Agreement No. 6312 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. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic 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. 6312 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. CITY OF EL SEGUNDO Darrell George Interim City Manager ATTEST: yll�x I -V Tracy Weaver, IV City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney y f Joaquin V que , Assi ldfi City Attorney p Insurance Reviewed by: FLOOR COVERING UNLIMITED, INC. Nine: TIa s l.�e Title: Pr sidea� Taxpayer ID No. _95-3007988 Contractor State 0— A License No.: �413038 Contractor City Business License No. a if-4 Agreement No ,Bu1.. ti r PROPOSAL FOR THE " FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 January 24 720 22 Company Name: FLOOR COVERING UNLIMITED, INC. 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. I-C-1 cn CL 0 0 cD Agreement4 UAL 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. 6312 J , BID SCHEDULE FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Company Name: FLOOR COVERING UNLIMITED, INC. BASE BID ITEMS, FIRE STATION 1: Unit Price Item Total Description Estimated (in figures) (in figures) kNo. Unit Quanti Dollars/Cents Dollars/Cents Temporarily relocate and reinstall LS 1 00 °� furniture Removal and .... _ ._ .. _ .....�.w 2 disposal of existing SF 3,500 00 carpet/flooring10 Removal and 3 disposal of existing LF 70093 1 w base cove Prep surface and install new resilient flooring (Milliken: Fortified 4 Foundations SF 3,500 S.OMM, Flex Form LVT, 9"x60", Shenandoah, SHE145 Moose) Prep surface and install new vinyl base cove q5 5 (Johnsonite: LF 700 Baseworks Thermoset Rubber (Ty e TS)) .. .__ Prep surface and 6 install new vinyl EA 8 1 1,0 L4 divider strips (door thresholds) -- _ 7 Paint touch-up LS 1 5010 e 5011 -' I-C-3 Agreement No FIRE STATION Item No. 8 9 10 2: Description Temporarily relocate P Y and reinstall furniture Removal and disposal of existing carpet/floorin Removal and disposal of existing base cove Unit LS SF LF Estimated Quantiq 1`— 3,800 900 Unit Price (in figures) Dollars/Cents t , .........._.___ r t ! r Item Total (in figures) Dollars/Cents K! 60 70 d- Prep surface and install new resilient flooring (Milliken: Fortified 11 Foundations SF 3,800 5.OMM, Flex Form LVT, 9"x60", Shenandoah, SHE145 Moose Prep surface and install new vinyl 12 base cove (Johnsonite: LF 900 11,95 Baseworks Thermoset Rubber (T e TS) 13 Prep surface and install new vinyl EA 18 13 - divider strips (door thresholds Removal and 0/0 �� v disposal of existing 14 stair tread and LS I i S landings (27 steps and 2 landin s Prep surface and install new rubber stair tread and 15 landings (One Piece LS 1 77 w/Riser #A60528 C%1O 27 steps and 2 landings) I-C-4 Agreement No. 6312 16 Paint touch-up LS TOTAL BID FOR ITEMS 1-16 IN FIGURES TOTAL BID RITTEN IN WORDS: IL � /J N10C I-C-5 Agreement No. 6312 Company Name: BIDDER'S INFORMATION FLOOR COVERING UNLIMITED, INC. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Corporation If corporation, State of Incorporation (i.e., California) California Business Address Chatsworth, CA 91311ITITIT_ Telephone No. 323-651-5290 Facsimile No. 818-626-8526 State Contractor's License No. and Class 413038 - Class B and C-15 Original Date Issued Expiration Date _......10/31 /2023 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:. Harry Lee - President, 6711 Drexel Avenue, L.A. 90048 - 310-497-9367 Joanne Lee - VP -Secretary - 6711 Drexel Avenue, L.A. 90048 - 310-497-4592 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: _..................... noLapplala All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: ._............ .......... none - not applicable _......� I-C-6 Agreement No. 6312 BIDDER'S INFORMATION (CONTINUED) Company Name: FLOOR COVERING UNLIMITED. INC. Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Title: project manager I-C-7 Agreement No. 6312 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 Joanne Lee 141vp(/ Pf-y� wi Subscribed and sworn to this day of ' 12 �- NOTARY I-C-8 A n0ary pumc oir ot�,j or U,,f1cejr cc) mp�,,,,, IN$ C00MCNe varlfts On �y Pte Wen I it y of the IndWidua I who slaned I ho docum a r1t t a wNchMs COMfic8te 12 attached, and not the W.rUthfulness accuracy, W, VMUTy of tha I docurneist, 0 i,yeXUA- PT)(246 . . . . . . .... Agreement No. 6312 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 R1IDDF.R A notary public or 0910rofficer cc' mp�eflng INS COM11MOVOrifies Wy the Wenlity of the Individual who signed I he doe um ant lo which this certificate is attached, and riot tile truthfulness OCCUraCy, or v a lldfty of V) a I document. Subscribed and sworn to this tlaY 0 —j I �"Ilq 2, 0 1A . . . . .... .... �'7"�"� .. . . ... . . . . . . .... rt I-C-8 Agreement No. 6312 PROPOSAL GUARANTEE BID BOND FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($ ), which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo 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. THE CONDITIONS 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 and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of .20 BIDDER* SURETY* Subscribed and sworn to this day of 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. [Ewt Agreement No. 6312 PROPOSAL GUARANTEE BID BOND FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 KNOW ALL MEN BY THESE PRESENTS that, Floor Covering Unli 11C�.._.� ,. , � as BIDDER, and Markel Insurance CompaLriy� , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of Bid y wwwDOLLARS (S 10% of B' ,which is ten (14%) percent of the total amount bid by BIDDER to the City of El Segundo 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. THE CONDITIONS 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 and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 26th day of 1anua1y , 20 22 BIDDER* floor Covering Unlimited Inc. 9601 Cozycraft Avenue, Unit 8, Chatsworth, CA 91311 (323)CA 91311 (323) 651 5290 SURETY* Markel Insurance Company 3131 Camino Del Rio North, Suite 1450, San Diego, CA 92108 (619) 400-4100 Subscribed and sworn to this day of 20 -. NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. Agreement No. 6312 ACKNOWLEDGMENT 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 Los Angeles On JAN 2 6 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle 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. 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 (Seal) U011.11ft'd all ;A, Agreement No. 6312 POA# 510010 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the `Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: David Noddle Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars ($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested oracknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attomey, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto" IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the nu, day of Magi, , 2o2o . SureTec Insurance Company tsrtI 0� ua ut By. Michael C. Keimig, President Commonwealth of Virginia County of Henrico SS: sr+''kj01j ll""rr Markel!Haute ceCompany �d4;�0 . SEAL R By:, R in Russo, Senior Vice President 100a+`° On this rrm day of March , 2020 A. D., before me, a Notary Public of the Commonwealth of Virginia, in and forthe County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said thatthey are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies; and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force, &sxxtpp� ol r' rofra� IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed rr w ea(gt l g �,(Of Henrico, the day and year first above written. a Y COMMISSION By. " NUMBER IIAHFi Donna Donavant, Notary Public •,w 7083968 " % My commission expires 1/31/2023 r We, the undersigned Officers of SureTec Insurance Company and Marke ss�ff ( ]I yw tf erby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and had txat��e�99 (yd. qq IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of �� Z�LL "our ecMAssist"ant ByM. Br t Beaty, Seereta Markel Insurance Company Byw Richard R. Grinnan, Vice President an a-ry Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For verification of the authority of this Power you may call (713)812-0800 on any bus7ness day between 8:30 AM and 5:00 PM CST. Or dmil Department of Industrial Relations STATE OF CALIFORNIA Agreem �, . 312 �' °grv�ln APPLICATION FOR PUBLIC WORKSCONTRACTOR REGIS N Registration Information Type: Public Works Period: 07/01/202106/30/2022 Contractor Information Contractor Name: FLOOR COVERING UNLIMITED, INC Trade Name: FLOOR COVERING UNLIMITED, INC License Type Number: 1000001747 Contractor Physical Address Physical Business Country: United States of America Physical Business Address: 9601 Cozycroft Ave. unit # 8 Contractor Mailing Address Mailing Country: United States of America Mailing Address: 9601 Cozycroft Ave. unit # 8 Contact I nfo Daytime Phone: Mobile Phone: Physical Business City/ Chatsworth Province: Physical Business State: CA Physical Business Postal 91311 Code: Mailing City /Province: Chatsworth Mailing State: CA Mailing Postal Code: 91311 Daytime Phone Ext.: Business Email: floorcoveringunitd@msn.com Applicant's Email: floorcoveringunitd@msn.com Registration Services:: Page 1 of 2 z 5/11/2021 12:53:03 PM Agreement No. 6312 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 413038 Class No.: B C-�15 2. The expiration date of BIDDER'S Contractor License is: 1 Ol� 1 , 20 23 ,. 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 1/24 , 20-22, at Los Angeles, CA (insert City and State where Declaration signed). Signat HaM Lee Typed Name President W_ Title FLOOR COVERING UNLIMITED, INC. Company Name I-C-10 Agreement No. 6312 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Los Ankeles Harry Lee being first duly sworn, deposes and say that he or she is President of FLOOR COVERING UNLIMITED, INC. 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. Signat Harry Lee Typed Name President Title Harry Lee / Floor Covering Unlimited, Inc. Name of Bidder/Company Name 1 /24/2022 Date Agreement No. 6312 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: Title: President Business Name: Floor Covering Unlimited, Inc„ Business Address: 9601 Cozycroft Avenue, #8 Chatsworth, CA 91311 Telephone Number: (_�23 ") 651-5290. Dated this 24th— day of January , 202 22 I-C-12 Agreement No. 6312 DESIGNATION OF SUBCONTRACTORS FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Company Name: FLOOR COVERING UNLIMITED. INC.L 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) (CSLB #) _...._... ................ (City, Zip Code) (DIR #) I (Make copies . f this page if additional space is needed) 7 : a1r, Bidder D e I-C-13 Agreement No. 6312 Company Name: REFERENCES FLOOR COVERING UNLIMITED, INC. 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: CALIFORNIA DEPT OF MOTOR VEHICLES Location: 3615 Hope Street , Los An eles, CA 90007 ETATE OF CALIFORNIA Name and address of owner Robert, Christopherson - DMV - North LA Region - 818-430-5857 robert.christopherson@dmv.ca.gov Name and current telephone number of person familiar with project Type of Work: fUrni$b and 1p.,31g1l new C=gj Qvgr Contract amount: $__S5U2_0_Qa Date completed: 10/25/2019 Amount of work done by my/our firm under Contract $ 50,720.00 Did your firm have any financial interest in Project? no 2. Project Title: LAUSD - Location: 7330 Winnetka Avenue, Cano a Park, CA District rt5 4 Serrania Ave 9 4 Name and address of owner Steve Greenhalge - 818-654-3518 - steve.greenhalge@lausd.net Name and current telephone number of person familiar with project Type of Work: furnish and installed hard surface Armstrong flooinig in designated areas w extensive prep Contract amount: $ 99,866.68 Date completed: 8/28/2020 Amount of work done by my/our firm under Contract $ 99,866.68 Did your firm have any financial interest in Project? NO I-C-14 Agreement No. 6312 3. Project Title: LAUSD - BERTRAND ES Location: 7021 Bertrand Ave, Reseda, CA 91335 M & O District North 1, 5014 Serrania Ave, Woodland Hills, CA 91364 Name and address of owner Steve Greenhalge - 818-654-3518 - steve.greenhalge@lausd.net Name and current telephone number of person familiar with project: Type of Work: fairnish and install LVT noorin with cone base and extensive prep Linderlayment Contract amount: $ 95,706.10 Date completed: Amount of work done by my/our firm under Contract $, Did your firm have any financial interest in Project? no 4. Project Title LAUSD - SUTTER MS 9/24/2020 95,706.10 Location: 7330 Winnetka Avenue, Canoga Park, CA 91306 M & O District North 1, 5014 Serrania Ave, Woodland Hills, CA 91364 Name and address of owner Steve Greenhalge - 818-654-3518 - steve.greenhalge@lausd.net Name and current telephone number of person familiar with project: Type of Work: rlayment Contract amount: $ 99,927..00 Date completed: 3/4/2021 Amount of work done by my/our firm under Contract $ 99 927.00 Did your firm have any financial interest in Project? I-C-15 Agreement No. 6312 5. Project Title: LAUSD - CHATSWORTH CHARTER HS Location: 10027Lurline Ave. Chatsworth, CA 91311 M & O District North 1 z 5014 Serrania Ave, Woodland Hills. CA 91364 Name and address of owner Steve Greenhal e - 81.8-654-3518 - steve.greenhalge@_Iausd.net Name and current telephone number of person familiar with project: Type of Work: Furnish and install L T flooring in classrooms Contract amount: $ 93,072.39 Date completed: 2/12/2021 Amount of work done by my/our firm under Contract $ $93,072.39 Did your firm have any financial interest in Project? no 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: Sure -Tee Insurance Company 3131 Camino Del Rio North, Suite 1450 San Diego, CA 92108 David Noddle Surety & Insurance Services 19507 Ventura Blvd, Tarzana, CA 91356 8 19-MT I-C-16 Agreement No. 6312 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Company Name: FLOOR COVERING UNLIMITED, INC. 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 13C 2. If yes, explain the circumstances: NOT APPLICABLE 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 Ck No 11 if idder°, m a Harry Lee / FLOOR COVERING UNLIMITED, INC. Name (Please Print) I-C-17 Agreement No. 6312 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Company Name: FLOOR COVERING UNLIMITED, INC. 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 Insurance 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." , January 21, 2022 Date I-C-18 Agreement No. 6312 AC9RDCERTIFICATE OI� LIABILITY INSU NCE ovo3/i i PRODUCER Michael Williamson THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2497 S. Bundy Dr. Los Angeles, CA 90064 Ph (310) 312-0031 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: State Fenn General Insurance Company 25151 25151 FLOOR COVERING UNLIMITED INC. 9601 COZYCROFT AVE UNIT 8 INSURER B: State Faun Fire and Casualty Company 2S143 _ .. 25143 CHATSWORTH, CA 91311-5190 INSURER C: License # 413038 INSURER D: INSURER E: I"":I" vFR7Ar«M�fi THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR "OD' -.._._.,. .............. .._......_.. _,...___..._ POIWICY F CTf°+ ...POLIU"YEXPIfiA' .... ... ......... ..._.......- POLICY NUMBER LIMITS A GENERAL LIA ILfTY 92-05-Q196-6 12/02/2021 12/02/2022 EACH OCCURRENCE $ 1,000 000.00 X COMMERCIAL GENERAL UABILI'I•ti 6 C�� $ 1.000.000.00 CLAIMS MADE 1XI OCCUR MED E7(P An one r3on $ 5 000.00 PERSONAL & ADV INJURY S 1 1000w000.00 GENERAL AGGREGATE $ 2,000,000.00 _ N4 GE' L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG E 2,000,000.00 .. ,� P-OLICY LOC A AUTOMOBILE LIABILITY 92-.5-0196-6 12/0212021 12/02/2022 COMBINED SINGLE LIMIT $ 1,000,000.00 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ ' SCHEDULED AUTOS Person) (Per P) BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accdent) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ANYAUTO OTHER THAN EAACC $ AUTO ONLY: AGG $ A E UMBREL LA LIABILITY 92-86-9332-3 03/11/2022 03/11/2023 EACH OCCURRENCE _ $ 5,000,000.00 AGGREGATE $ ,� CLAIMS MADE o cf UR _ . $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND WCSTATU- X OTH-' B EMPLOYERS' LIABILITY 92-GO-KO05-0 12/23/2021 12/23/2022 J� E.L. EACH ACCIDENT ..... $ 1,000,000.00 ANY PROPRIETOARTNERI` OFF CER/ME BER EXCLUDED? EXECUTIVE E.L. DISEASE -EA EMPLOYEE $ 1,000,000.00 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1.000.000.00 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Insured Location: 9601 COZYCROFT AVE UNIT 8 CHATSWORTH, CA 91311-5190 License # 413038 Contractors State License Board PO Box 26000 Sacramento, CA 95826 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR *NOC 10 days for non-payment of ACORD 25 (2001108) 0 ACORD CORPORATION 1988 Agreement No. 6312 END PROPOSAL SECTION I-C-19 Agreement No. 6312 Policy No. 92-05-Q196-6 FE-6609 '� STA70 TAAM: SECTION 11 ADDITIONAL INSURED ENDORSEMENT Policy No. 92-05-Q196-6 Named Insured: FLOOR COVERING UNLIMITED INC. Additional Insured (include address): The City of El Segundo, its officials, and employees WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include, as an additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. xi- Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary Insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE-Mg Printed in U.S.A. Agreement No. 6312 �'! RD. CERTIFICATE OF LIABILITY INSURANCE" ovz8/2o 2 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Michael Williamson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2497 S. Bundy Dr. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles, CA 900134 Ph (310) 312-0031 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: State Farm General Insurance Company 25151 25151 FLOOR COVERING UNLIMITED INC. INSURER B: state Farm Fire and Casualty company 25143 25143 9601 COZYCROFT AVE STE 6 CHATSWORTH, CA 91311-5190 INSURERC: INSURER D: INSURER E- f1 f"111C'G A cif-- I'•'* THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSI D'------------- _----- _M..._........ITIT� POLICY NUMBER.... POLICY EFFECTIVE POLICY EXPIRATION URANCE pw2-05-Q196-0 ....... _.... LIMITS A GENERAL L'IA ILITti+EACH 12/02/2021 12/02/2022 OCCURRENCE $ 1 OOO ,000.00 ^�/ ,r'+�,. COMMERCIAL GENERAL LIABILITY RENTED PREMISESIEao l $ 1000000.00 CLAIMS MADE FX—I OCCUR MED EXP (Anr one arson $ S000.00 PERSONAL & ADV INJURY -..._.................... $ 1,000,000.00 ..,......-._. __........... _. GENERALAGGREGATE S 2,000,000.00 ''.... GE'N'LAGGREGATE LI MIT APPLIES PER: '.. PRODUCTS-COMPIOPAGG $ 2,000,000.00 POLICY PRO- LOC A AUTOMOBILE LIABILITY 92-05-0196-6 12/02/2021 12/02/2022 COMBINED SINGLE LIMIT $ 1,000,000.00 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULEDAUTOS (PerP—) x HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ ,„... I (Per accident) GA�itAG;E,LUIBILITY..... UTOONLY-EAACCIDENT A,__....___......._ $ �..._�,.,.,............_.�._...._ ANY AUTO OTHER THAN AUTO ONLY: AGG ' $ A EXCESSIUMBRELLA LIABILITY 92-86-9332-3 03/11/2020 03/11/2022 EACH OCCURRENCE Is 5,000,000.00 R1OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION S $ WOE,,P4T$ X OTH B WORKERS COMPENSATION AND 92-GO-K005-0 12/23/2021 12123/2022 ..W....____� EMPLOYERS' LIABILITY E.L.°'""EACH ACCIDENT $ ,OOQ000.00 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? '� _" E.L. DISEASE -EAEMPLOYEE� $ 11,00qtO00-00 Des, EIAL PR:OVIS QNS Gelow ''., E.L. DISEASE -POLICY LIMIT $ 1,000,000.00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS Additional Insured: The City of El Segundo, its officials, and employees The City of El Segundo, its officials, and employees SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. *NOC 10 days for non-payment of premium ACORD 25 (2001108) IF ' © ACORD CORPORATION 1988 Agreement No. 6312 WOK S' COI P'ENSA"TION WAVER OF SUBROGATION ENDORSEMENT Policy Number: (Workers' Compensation Policy number as it appears on certificate) 92-GO-KO05-0 Workers' Compensation Carrier: STATE FARM INSURANCE IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE (Name of Person(s) Or Organization) The City of El Segundo, its officials, and employees Date: _ 0 1 /28/2022 Authorized Carrier ItepraMoti we Original Signature:, Agreement No. 6312 LABOR AND MATERIALS BOND FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Bond No. 5313991 Bond Fee: included with the Performance Bond Floor Covering Unlimited Inc. ....... 1 as principal ("PRINCIPAL") and Markel Insurance Company ,a corporation incorporated under the laws of the State of Illinois 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 Seventy Nine Thousand Six Hundred Seventy Nine Dollars ($78,679.00) , 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. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all 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 FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 22-03 ("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 22-03, 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 (CITY DRAWING FILE NO. PW 22-03), 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 I-F-1 Agreement No. 6312 thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("BSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 22-03, 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 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. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 6312 SIGNED AND SEALED this 23rd day of March 20 22 PRIM " s "R .. 1DENT SURETY'S PRLS'IDENT ►' David Nod d ney in 1 aer"' 4 ". AL's SECRE R' a l lel Z-e PRINCIPAL's MAILING ADDRESS: SURETY's 9EUETARY David Noddle, Attorney in Fact SURETY'S MAILING ADDRESS: 9601 Coz craft Ave., Unit # 8 3131 Camino Del Rio N.„ Ste. 1450 Chatsworth CA 91311 San Diego, CA 92108 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 MAR 2 9 2022 & taut ] li d p P4. bnc co", Qrma r 'i'w� V7� ..a �14°,'��n�r I�'""''aw'mv'�G'�, L�,� w�fi ✓ ,-->, ➢. '.. Anotary 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. *See N, Te4s� T I-F-3 Agreement No. 6312 ACKNOWLEDGMENT �......................� 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 Los Angeles On MAR 2 3 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle 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. 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.ZI A. BI50RD1 NOTARY PUBLIC - CALIFORNIA '" LOS ANGEL ES COUNTY COMMISSION # 2285731 MY COMM. EXPIRES MAY 11, 2023 Signature (Seal) Agreement No. 6312 ACKNOWLEDGMENT 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 Los Angeles MAR 2 3 2022 On before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. . BISORDI WITNESS my hand and official seal. NOTARY PUBLIC . CALIFORNIA LGS ANGLS COUNTY OMISSION # 7735731 MY COMM, EXPIRES MAY 11, 2023 Signature I (Seal) Agreement No. 6312 POA# 510010 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: David Noddle Their true and lawful agent(s) and attorneV(s)-in-fad, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: I Fifteen Million and 00/100 Dollars ($15,000,000.00) This Power of Attomey is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the nth day of March . 2o2o . SureTec Insurance Company r RAN to lot By Michael C. Keimig, President' Commonwealth of Virginia County of Henrico SS: 0111r11" Markel Insurace Company XC r a At»04 S, SEA1L tk Ror Vice President On this nth day of March . 2o2o A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals ofsaid Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction ofthe said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. ststbss "'ro>i s NDO/V �r04 IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed in .48a 0 2bg 41 n,4',�f Henrdeo, the day and year first above written. MY .. C:OlyiMISSON By - NUMBER N Donna Donavant, Notary Public I V".F My commission expires 1/31/2023 ol, We, the undersigned Officers of SureTec Insurance Company and Marke'P s� i ry c q,krby certify that the original POWER OF ATTORNEY of which the foregoing isa full, true and correct copy is still in full force and effect and ha$tsrgt r) r ovokb IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of Sur eMAssMant Markel Insurance Company By By: M. Br Richard R. Grinnan, Vice President eln"&Seclry Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For_yerification of the authority of this Power you may cA1.1.Q:L3)P12-08J0 on any business day between 8:30 AM and S1.00 PM CST. Amenaeu C,,Luiicatve of Author4em'ent No. 6312 THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Markel Insurance Company Of Deerfield, Illinois : ; organized under the laws of Illinois , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' -Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, -Automobile, and Miscellaneous z 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 tong 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 16th day of January--2002 , I have hereunto set my hand and caused my official seal to be affixed this 16th day of January_, ZO02 By Creement No. 6312 ALIFORNIA ALL- PURPO Ag CERTIFICATE OF ACKNOWLEDGMENT 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 Lr 4404 ve5 } Nam( On MAR 2 9 2022mm.: ..._ before me, (ng - personally appeared .. _ _ _ Ivp -3� e A�aNwE Let ._.... 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �'R.:�w BRANDON CARD IMVA K�C S my ban c,"' official Seal, NtrMt�y �rlsCnc C:a�!'N6artiims �m M Los Angeles County M t N t, Commission # 2325500 'y Coaur, IExlt! r t r M a 28 2024 uar�, mY : sera r,mrrt otary Public �'i ro (Notary Public Seal) INSTRUCTIONS FOR COMPLETING . ADDITIONAL OPTIONAL wFORMnrIpN THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT (Ti I e or descr ptbn of a`ta red do, t o "ae,t:@; (Title or descr, ption of attached document ccntn ed, #VW - Number of Pages , - Document Date CAPACITY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) Partner(s) ❑ Attorney -in -Fact 7 Trustee(s) 7 Other Thisforn! complies with current Califo»pia s[atutes regarding nota�} j�rordi':,� and f needed, should be completed and attached to the docuIn ell [ ,-lcknoivledgrnents /i-om other states nuir be completed for documents being sentso that state so long as the wording does 'lot require the Cali/ornia rota'}'to violate California ngtaly • State and County information must be the State and County %chere the document signer(s) personally appeared before the notary public for acknowledgment • Date of notarization muss be th,,. date tha—, t!„wr sisner(s) personally appeared v, high must also be the same date sd.e at:knoMed nitnt is completed. • The nota7 public must lutkhis or her name as it appear within his or her commission folloned b,, a comma and then your title (notary public) • Print the names) of document sivner(s) uho personally appear at the [:ate of notarization • Indicate the correct singular or plural forms by cr05sinU off incor ect form; (i-e. ka she 'i- d . is --r-- ) or circlinz the correct fotans. Failure to correct!y indica,e this information may lead to rejection ofdocument recordings EP N tt'ta seal try. rzssioh mr;lst h,r clear and photographical'•y reproducible. C s;t -�rion mint nor. troser text or hres. If seal impression smudges. re sea( if a m+,t"s'�� ,et��t area pe�rrtr. oth-2-ise �.ongilete a different acknoa-ledument torm. • Signature of the notary public must match the signature on file with the office of the cour.r, clerk. Additional i; for; a;ion is not required but could help to sure ibis a.:knovled_men: is not misused or attached to a different dccu:n. r.t I j,ca itlL or t. e of auached docume-u. number of paw ; a-- da b the s:2e . If the clsnm:d cs_ic c t `,, t y°,; tr title (i . CEO. CFO. Se reta y) - c c'_rt_-:- a ith a .'aD!� I Agreement No. 6312 FAITHFUL PERFORMANCE BOND FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Bond No. 5313991 Bond Fee: $1,967.00 Floor Covering Unlimited Inc. ("PRINCIPAL") and Markel Insurance Company a corporation incorporated under the laws of the State of Illinois 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 Seventy Eight Thousand Six Hundred Seventy Nine Dollars ($78,679.00) 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 22-03, 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 22-03, 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 (CITY DRAWING FILE NO. PW 22-03) 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-1 Agreement No. 6312 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("BSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 22-03 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, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 6312 SIGNED AND SEALED this 23rd day of March , 20 22 7 2 12-2- PRINCJP;0r4PRrSIDENT SURE"FY s P ESIDENT r� David Nod. ttorney in Fact �I AL's SECRETARY PRINCIPAL's MAILING ADDRESS: 9601 Coz craft Ave., Unit # 8 Chatsworth CA 91311 SURETY's StCRETARY David Noddle, Attorney in Fact SURETY's MAILING ADDRESS: 3131 Camino Del Rio N., Ste. 1450 __.San Dieo,_CA_92108 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. MAR 2 9 2022 �J BRANDON CARDONA RODAS t Notary Public - California Los Angeles County " Commission # 2325500 My comm. Expires Mar 23 2024 A notary pubic of other Officer completing Ihla cOrtlhcate verifies only the Identity of the Individual who signed the da rumentito which this crartltfcata Is attached, and not the trulhfuilneaa accuracy, or valld'ity of that docunfi ent *st�C- r OM-a-Y I-E-3 ,4-wAC ( ,Vvrt-* Agreement No. 6312 ACKNOWLEDGMENT ....._.............................................................. 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 validiN of that document. State of California County of Los Angeles On MAR 2 3 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle b 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. 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. a Signature ` (Seal) A. BISORDI NOTARY PUBLIC . CALIFORNIA a LOS AUNGELES COUNTY � COMMISSION # 2285231 W COMM. EXPIRES MAY 11, 202 Agreement No. 6312 ACKNOWLEDGMENT 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 validi of that document. State of California County of Los Angeles On MAR 2 3 2022 before me, A. Bisordi, Notary Public (insert name and title of the officer) personally appeared David Noddle 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. 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. A. BlsoRol z6AiZj NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY COMMISSION t 228,5731 . MY COMM. EXPIRES MAY 11, 202 Signature (Seal) 301 Agreement No. 6312 PDA# 510010 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: David Noddle Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or)ointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifteen Million and 00/100 Dollars ($15,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case maybe, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the vm day of March 2o2o . SureTec Insurance Company �tyRAINY 40 By: ._ ##m J President kp\ Michael C. Keimig, ,. Commonwealth of Virginia" Countyof Henrico SS: Mar Insure ceCompany ^� d» �w SEAL By: _ w. Robin Russo, Senior Vice President Ile,rrrrdd M1110 On this rrm day of Maw , 2o2o A. D., before me, a Notary Public of the Commonwealth of Virginia, in and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, Who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of saidCompanies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument Is now In force, %sa ri i a� rsy rpr IV" lop IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed rn lea h t,lihvefAf'Henrico, the day and year first above written. A COMIOSSION By., ". �Ilb�lf Donna Donavant, Notary Public 70839,6 My commission expires 1/31/2023 We, the undersigned Officers of SureTec Insurance Company and iviarkel's�iwt q derby certify that the original POWER OF ATTORNEY of which the foregoing is -a full, true and correct copy is still in full force and effect and ha4ftcf.411q uypf 'd. R 2 IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the day of fl �" Su eMt,,pt B M. Br Markel Insurance Company 4 By; 3 . ,.,.,. � Richard R. Grinnan, Vice President an ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510010 For verification of the author' of this Power you may call (713)812-€7800 on any business day hetween 8:30 AM and 5:00 PM CST. dY Amenaea ettiti , � of Au" o ' eement No. 6312 THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, Markel Insurance Company Of Deerfield, Illinois , organized under the laws of Illinois , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' -Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle,.Automobile, and Miscellaneous 1 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 16th day of January_,2002 , I have hereunto set my hand and caused my official seal to be affixed this 16th day of_ January 2002 By µAgreement No. 6312 CALIFOR IA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 --66 Atitieva } MAR 2 9 2022 On before me _tAN14VIV 64+2VVtVP- F,-,VA5, —?UP-,;,L-C- ('a-"E`, israma�Ae`t�P G'l Rhi r r�• ... ....—�..._.....—„6 personally appeared A&p —JpA NrVG L,- 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRANDON CARWNA RODAS WITN ��fflclal seal. ar".r �) Notary Z 4 i LosAngelesCounty Corn" ..;on # 2325500 atlr pares Mar 282024 emu`, rrer °�rxa �e „ir r otairy Publrialu .., (Notary Public Seal) ADDITIONAL OPTIONAL INFnRMATIOM INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description� attached document) Number of Pages �� Document Date (i u= or descri Por of attached document ccntnjad) CAPACITY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer ❑ Partner(s) Ll Attorney -in -Fact Ei Trustee(s) Other I Thlsform.conrplrestisith currentCalilorniasta(u!es1egardin,notar} rrordir.��and. i needed, should be conrpleled and attached to the clocunrent. Ackno .lodgments fi-ont other stares nrcn he conrpleled ful- documents being sentto that state so long cr> the � orcling does no! require the California moral}' to violate Calrfornia trotan to w t .k intr as+ �PirtT ptaa"n that G h tkta a ?r�iwi co waA s, tt.rr5D two^w'!�w�aUr 1. ,3krta �rr�z l b�.'i t Gda t!rr nr;a pug it C� -,c tii+ a uw ~rt r, tsta fry ^ac t nMtr ti r rti 0 p0rionaI airs a" r Pr rst > u,° extai ti.:�dts �Cr.aIgsrca�r a a, ratr�o Kt4d h �r ate pu'bh o;t,u," P,rn� his or flip„. nanl at it appear �. VI„,i'!1 N. , or I};,. F rvr� dri�,r�u9r [ ,rr,a•)t,'�li "3 n r ,rep * f 3iw r q+t ar a r r >st �Ir Il r s' trc m �akp, Tt I d r_ hlr w. 1 fh °<irrt u, Nrr�E K'x!.., Fa fr rt tO a„ ��,rwti. t i.rtiir..r . zksf r'°a�u'rvnat,on r,r fe<ld 0r &r c.m,:rrr uh. nrv�,ai idroprck :ur.t• ,ir c�Psr arm p`ttdaor,,pfir tr trr�r � �tr its r,:,:b .. t.:�t rat 6°rtir„s• �a � .ti ear&grr.;sotr st.,tt�Jp�w� rw s: t@ it`,t 8,,,knoeal d r t.o n�,nmn, t tat cll th". , rba. a�:a on kRuf eat a tp Co �<<miUS,Jo ,;._atiwat. gditTrs�:�rtr r r a;t r Fu i 2:,� P nt r J. fi7 7i;ub 1 t� Agreement No. 6312 CITY OF EL SEGUNDO CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 https: //www. elsegundo. org/govemment/departments/city-clerk/bid-rfp MANDATORY PRE -BID MEETING TUESDAY, JANUARY 18, 2022 AT 9:00 AM CITY HALL COURTYARD (SEE NEXT PAGE FOR LOCATION MAP) 350 MAIN STREET EL SEGUNDO, CA 90245 BIDS DUE TUESDAY, FEBRUARY 1, 2022 AT 11:00 AM I Agreement No. 6312 MANDATORY PRE -BID MEETING LOCATION: Agreement No. 6312 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, FEBRUARY 1, 2022 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED 3 Agreement No. 6312 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages 11-B-25 thru 11-B-26 "LIABILITY INSURANCE". ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING A BID PACKAGE. The Contractor will be required to apply and obtain an Encroachment Permit from the City Public Works Department as well as any applicable Building/Safety Permit from the City Building Planning and Building Safety Department. The Contractor shall be responsible for calling the Building Safety Division for inspections. All noted deficiencies shall be corrected by the contractor. The proj ect will not be accepted as complete until the contractor obtains a final sign -off from the Department of Planning and Building Safety. Agreement No. 6312 TABLE OF CONTENTS SECTION I — LEGAL A. NOTICE INVITING SEALED BIDS B. BIDDING INSTRUCTIONS 1. DEFINITION 2. BIDDER'S REPRESENTATIONS 3. BIDDING DOCUMENTS 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 5. PRODUCT SUBSTITUTIONS 6. SUBCONTRACTORS 7. ADDENDA 8. PRE -BID CONFERENCE 9. FORM AND STYLE OF BIDS 10. BID SECURITY 11. MODIFICATION OR WITHDRAWAL OF BID 12. OPENING OF BIDS 13. REJECTION OF BIDS 14. AWARD C. PROPOSAL 1. PROPOSAL, FIRST PAGE 2. BID SCHEDULES a. BASE BID b. ALTERNATIVE BID 3. BIDDER'S INFORMATION 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT 5. PROPOSAL GUARANTEE BID BOND 6. CONTRACTOR'S LICENSE DECLARATION 7. NON -COLLUSION AFFIDAVIT 8. WORKER'S COMPENSATION CERTIFICATION 9. DESIGNATION OF SUBCONTRACTORS 10. REFERENCES 11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS 11. INSURANCE REQUIREMENTS D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT E. FAITHFUL PERFORMANCE BOND F. MATERIAL AND LABOR BOND i PAGE I-A-1 TO A-3 I-B-I TO B-8 I-B- I I-B-I I-B-2 I-B-2 I-B-3 I-B-3 I-B-3 I-B-3 I-B-4 I-B-5 I-B-6 I-B-6 I-B-6 I-B-7 I-C-1 TO C-17 I-C-1 I-C-3 I-C-3 I-C-4 I-C-6 I-C-8 I-C-9 I-C-10 I-C- I I I-C-12 I-C-13 I-C-14 I-C-17 I-C-18 I-D-I TO D-5 I-E-1 TO E-3 I-F-1 TO F-3 Agreement No. 6312 SECTION II - GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II-A-1 TO A-2 1. REGISTRATION OF CONTRACTORS 11-A-1 2. INSURANCE AND CITY BUSINESS LICENSE 11-A-1 3. EMERGENCY INFORMATION II-A-1 4. FURNISHING OF WATER II-A-1 5. CALIFORNIA - OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION II-A-1 6. SOUND CONTROL II-A-2 7. AIR POLLUTION CONTROL II-A-2 8. WORKER UNIFORMS II-A-2 B. GENERAL PROVISIONS 11-B-1 TO B-34 0-1 STANDARD SPECIFICATIONS 11-B-1 0-2 NUMBERING OF SECTIONS II-B-1 0-3 MODIFICATIONS II-B-1 1-2 DEFINITIONS II-B-1 1-2.1 ADDITIONAL DEFINITIONS II-B-1 1-3 ABBREVIATIONS II-B-2 2-0 SCOPE AND CONTROL OF WORK II-B-3 2-1.1 ACCESS TO PROJECT SITE 11-B-3 2-1.2 OWNERSHIP AND USE OF CONTRACT 11-B-3 DOCUMENTS 2-3 SUBCONTRACTS II-B-3 2-3.1 GENERAL 11-B-3 2-3.2 ADDITIONAL RESPONSIBILITY II-B-4 2-4 CONTRACT BONDS II-B-4 2-5 PLANS AND SPECIFICATIONS 11-B-5 2-5.1 GENERAL 11-B-5 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS II-B-5 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS II-13-6 2-8 RIGHT-OF-WAY II-B-6 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES II-13-6 2-9 SURVEYING II-B-6 2-9.3 SURVEY SERVICE II-13-6 2-9.3.1 CONSTRUCTION SURVEYING 11-13-7 2-9.3.2 MEASUREMENT AND PAYMENT 11-B-7 3-3.2.2 BASIS FOR ESTABLISHING COSTS 11-13-7 3-3.2.3 MARK UP II-13-7 ii Agreement No. 6312 SECTION II — GENERAL REQUIREMENTS (Continued) 3-3.3 DAILY REPORTS BY CONTRACTOR 3-4 CHANGED CONDITIONS 3-5 DISPUTED WORK 4-1.3 INSPECTION REQUIREMENTS 4-1.3.1 GENERAL 4-1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY 4-1.6 TRADE NAMES OR EQUALS 5-2 PROTECTION 5-2.1 INCORRECT LOCATION OF UTILITIES 5-4 RELOCATION 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION 5-5 DELAYS 5-5.1 CALCULATING IDLE TIME 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE 6-1.2 CONTENT OF CONTRACT SCHEDULE 6-1.3 EFFECT OF CONTRACT SCHEDULE 6-1.4 COMMENCEMENT OF CONTRACT TIME 6-4 DEFAULT BY CONTRACTOR 6-4.1 GENERAL 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 GENERAL 6-6.2 EXTENSION OF TIME 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR 6-6.4 WRITTEN NOTICE AND REPORT 6-7.2 WORK DAYS AND WORKING HOURS 6-7.4 NIGHT WORK 6-7.5 WEEKEND AND HOLIDAY WORK 6-8 COMPLETION AND ACCEPTANCE 6-8.1 GENERAL GUARANTY 6-9 LIQUIDATED DAMAGES 6-9.1 FAILURE TO COMPLETE WORK ON TIME 6-11 DISPUTES AND CLAIMS; PROCEDURE 6-11.1 GENERAL 6-11.2 FORM iii PAGE II-B-8 II-B-8 II-B-9 II-B-9 II-B-9 II-B-10 II-B-12 II-B-12 II-B-13 II-B-14 II-B-14 II-B-14 II-B-14 II-B-15 II-B-15 II-B-15 II-B-16 II-B-16 II-B-16 II-B-16 II-B-17 II-B-17 II-B-17 II-B-18 II-B-18 II-B-18 II-B-18 II-B-18 II-B-19 Agreement No. 6312 SECTION II — GENERAL REQUIREMENTS (Continued) 6-11.3 CLAIMS SUBMITTED TO ENGINEER 6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY 6-11.5 DECISION ON CLAIMS 6-11.6 APPEAL OF ENGINEER'S DECISION 6-11.7 MEDIATION 6-11.8 ARBITRATION 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING 6-11.10APPEAL TO SUPERIOR COURT; WAIVER OF JURY TRIAL 7-2 LABOR 7-2.3 PREVAILING WAGES 7-2.4 RECORD OF WAGES PAID; INSPECTION 7-3 LIABILITY INSURANCE 7-3.1 GENERAL 7-3.2 INDEMNIFICATION AND DEFENSE 7-5 PERMITS 7-8.1 CLEAN UP AND DUST CONTROL 7-8.1.1 GENERAL 7-8.1.2 WATERING 7-8.6 WATER POLLUTION CONTROL 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 TRAFFIC AND ACCESS 7-10.2 STREET CLOSURES, DETOURS, BARRICADES 7-10.5 PROTECTION OF THE PUBLIC 7-15 HAZARDOUS MATERIAL 9-2 LUMP SUM WORK 9-3.2 PARTIAL AND FINAL PAYMENTS 9.3.3 DELIVERED MATERIALS 100- 1 TERMINATION OF AGENCY LIABILITY PAGE II-B-20 II-B-20 II-B-21 II-B-21 II-B-21 II-B-22 II-B-22 II-B-22 II-B-23 II-B-23 II-B-24 II-B-24 II-B-24 II-B-27 II-B-28 II-B-29 II-B-29 II-B-29 II-B-29 II-B-30 II-B-30 II-B-30 II-B-31 II-B-31 II-B-32 II-B-33 II-B-33 II-B-35 II-B-3 5 1V Agreement No. 6312 SECTION III — SPECIAL PROVISIONS APPENDICES APPENDIX A: TECHNICAL SPECIFICATIONS APPENDIX B: FLOOR PLANS APPENDIX C: CITY CONSTRUCTION AND DEMOLITION DEBRIS WASTE MANAGEMENT PLAN (WMP) FORM v Agreement No. 6312 NOTICE INVITING SEALED BIDS FOR THE FIRE STATIONS 1 & 2 FLOOR REPLACEMENT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 22-03 The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, El Segundo, California 90245, until 11:00 a.m. on: TUESDAY, FEBRUARY 1, 2022 at which time they will be publicly opened. Bids will not be accepted after that time. As described in the Bidding Documents, the bids are for a public works project ("Project") which consists of furnishing all supervision, materials, labor, tools and incidentals, as required in the specifications and contract documents for the following project: "Fire Stations 1 & 2 Floor Replacement Project", on file with the City's Public Works Department. The work will take place at Police Department, at 314 Main Street and 2261 E. Mariposa Ave. both in El Segundo CA, 90245. Work on the Project must be performed in strict conformity with Specifications No. PW 22- 03: Fire Stations I & 2 Floor Replacement Project which is filed with the Public Works Department. Contractors bidding the project shall provide a minimum of five government agency references, preferably municipal, for building similar projects (in terms of scope, size, type, magnitude and complexity) as the prime contractor in the past five (5) years. Bidders shall include references, etc. to demonstrate qualifications. Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are available electronically via https://www.elsegundo.org/govemment/departments/city-clerk/bid-rfp A pre -bid meeting is scheduled for Tuesday, January 18, 2022, at 9:00 am, at City Hall Courtyard, 350 Main Street, El Segundo, CA 90245. Bidders' attendance at this meeting is mandatory. Questions regarding the bid shall be submitted by 4:00 pm on Friday, January 21, 2022 to https://www.elsegundo.org/ government/departments/public-works/re uq est-public-works-bid The terms and conditions for bidding on the Project are described in the attached Bidding Instructions. This project requires payment of State prevailing rates of wages for Los Angeles County. The contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations I-A-1 Agreement No. 6312 Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov. Note that the Project is subject to compliance monitoring and enforcement by California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4 to be nonresponsive. The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. Prevailing Wage: Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et. Seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. Five percent (5%) will be deducted from each progress payment and retained by the City. The remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor's request. In entering into a Public Works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or Sub -Contractor, offers and agrees to assign to the awarding body 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. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and I-A-2 Agreement No. 6312 Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted to the Public Works Department, 350 Main Street, City of El Segundo, in a sealed envelope plainly marked on the outside: "SEALED BIDS FOR PROJECT NO.: PW 22-03 FIRE STATIONS I & 2 FLOOR REPLACEMENT IN THE CITY OF EL SEGUNDO DO NOT OPEN WITH REGULAR MAIL" No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the State Business and Professions Code. For these projects, those acceptable classes of license shall be "A" and/or "B". The successful Contractor and his Sub - Contractors will be required to possess the correct license for their project classifications, and valid City Business Licenses from the City of El Segundo. 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 6th day of January, 2022. CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I-A-3 Agreement No. 6312 BIDDING INSTRUCTIONS DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents. 1.1 "Addenda" means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.2 "Alternate" means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both. 1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda. 1.4 "Bidder" means a person or firm that submits a Bid. 1.5 "Bidding Documents" means the construction documents prepared and issued for bidding purposes including all Addenda. 1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates. 1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that: 2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents. 2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents. 2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents. 2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor's State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor "C" license in each such trade, (2) a General Engineering contractor "A" license, or (3) a General Building contractor "B" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade. 2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from Agreement No. 6312 the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents. 2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder's behalf. 2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work. 2.9 The Bidder has paid the City's business license fee(s) 2.10 The Bidder, per SB 854 requirements for public projects, has registered with and paid their annual fee to the California State Department of Industrial Relations. Information about SB 854 and its requirements can be found at this link: http://www.dir.ca.gov/Public-Works/SB854.html 3. BIDDING DOCUMENTS 3.1 Bidders may obtain complete sets of the Bidding Documents from the City's Public Works Department for the sum stated in the Notice for Bids. 3.2 Bidders will use a complete set of Bidding Documents in preparing Bids. 3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS. 4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City's Representative errors, inconsistencies, or ambiguities discovered. 4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City's Representative. 4.2.1 The release of the bid package begins a quiet period for potential Bidders participating in this project. The City of El Segundo realizes it is critical to provide Bidders with a vehicle to ask questions so that quality responses can be prepared. Questions must be submitted in writing to project managers via the City website: https://www.elsegundo.org/ ,ovemment/departments/ u works/request-publi c-works-bi d Responses to all questions will be provided in writing to all Bidders in I-B-2 Agreement No. 6312 accordance with the schedule below. We will not identify companies or individuals that pose questions. Potential bidders must not call City of El Segundo employees to discuss potential projects or ask questions regarding the bid. Questions Due by 4:00 pm, Friday, January 21, 2022 Questions Answered by 5:00 pm Tuesday, January 25, 2022 4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders must not rely upon them. 5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents. 6. SUBCONTRACTORS. 6.1 Each Bidder will list in the Bid Form all first -tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor's business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so. 6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City's written consent in accordance with California law. 7. ADDENDA. 7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda. 7.2 Copies of Addenda will be made available for inspection at the City's Public Works Department. 7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline. 7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid. 8. PRE -BID CONFERENCE. Bidder will attend a Pre -Bid Conference where City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be I-B-3 Agreement No. 6312 deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected. 9. FORM AND STYLE OF BIDS 9.1 Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City's Bid Form will be rejected. 9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter. 9.3 Bidder's failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter "No Change." 9.4 Each Bidder must fill out the "Bidders Statement of Past Contract Disqualifica- tions" form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information. 9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner. 9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes must be covered as extra work. 9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder's Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected. 9.8 Bids must be submitted in writing on the Proposal forms provided by the City of El Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the bidders. Bidders are required to submit one (1) original set of the proposal forms. All information requested therein must be clearly and legibly set forth in the manner and form indicated. 9.9 Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submissions of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the City of El Segundo and clarified prior to the I-B-4 Agreement No. 6312 submission of proposals. 10. BID SECURITY 10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder's obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to "City of El Segundo." When a Bond is used for Bid Security, failure to use the City's Bid Bond form will result in the rejection of the Bid. 10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work. 10.3 If a Bid Bond is submitted and an attorney -in -fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, "Insurers Admitted to Transact Surety Insurance in This State." 10.4 The City will retain Bid Security until the occurrence of one of the following: 10.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City. 10.4.2 The specified time has elapsed during which Bids may be withdrawn. 10.4.3 All Bids have been rejected. 10.5 The Bid Form, Bid Security, and all other documents required to be submitted with the Bid must be enclosed in a sealed opaque envelope. The envelope must be addressed to the City Clerk. The envelope must be identified with the Bidder's name and address, and identify the Project for which the Bid is submitted, as follows: "SEALED BIDS FOR PROJECT NO.: PW 22-03 FIRE STATIONS I & 2 FLOOR REPLACEMENT PROJECT IN THE CITY OF EL SEGUNDO. NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by messenger. 10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened. 10.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids. 10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted. 10.9 All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws related to bids for contracts of this nature whether the same is expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and I-B-5 Agreement No. 6312 requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith. 11. MODIFICATION OR WITHDRAWAL OF BID. 11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. 11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. 11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted. 11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders. 11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the proposal guarantee. 11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. 11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business License, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will be deemed and held to include any such costs, which may be applicable. 12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13. REJECTION OF BIDS. 13.1 The City will have the right to reject all Bids. 13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. 13.2.1 Unrequested/unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 13.3 In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. Iff-ire Agreement No. 6312 14. AWARD 14.1 The City may retain all bids for a period of sixty (90) days for examination and comparison, and to delete any portion of the work from the contract. 14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City. 14.3 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents. 14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the "multiplier" as stated in the Bid Form, plus the amounts of all accepted Alternates. 14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City's maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City's notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items: 14.5.1 One original of the Agreement signed by Bidder. 14.5.2 One original of the Payment Bond. 14.5.3 One original of the Performance Bond. 14.5.4 Certificates of Insurance on form provided by the City. 14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders' company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references. 14.5.6 Preliminary Contract Schedule. 14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention. 14.5.8 Cost Breakdown. 14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed I-B-7 Agreement No. 6312 14.7 I Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract. If Bidder submits the original signed Agreements and all other items within ten (10) days after receiving the City's notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder. If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City's notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder's Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. I-B-8 Agreement No. 6312 PROPOSAL FOR THE FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Date .20 Company Name: 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. 6312 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. 6312 BID SCHEDULE FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Company Name: BASE BID ITEMS, FIRE STATION 1: Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit Quantity Dollars/Cents Dollars/Cents Temporarily relocate 1 and reinstall LS 1 furniture Removal and 2 disposal of existing SF 3,500 carpet/flooring Removal and 3 disposal of existing LF 700 base cove Prep surface and install new resilient flooring (Milliken: Fortified 4 Foundations SF 3,500 5.0MM, Flex Form LVT, 9"x60", Shenandoah, SHE145 Moose Prep surface and install new vinyl base cove 5 (Johnsonite: LF 700 B aseworks Thermoset Rubber (Type TS Prep surface and 6 install new vinyl EA 8 divider strips (door thresholds 7 Paint touch-up LS 1 I-C-3 Agreement No. 6312 FIRE STATION 2: Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit Quantity Dollars/Cents Dollars/Cents Temporarily relocate 8 and reinstall LS 1 furniture Removal and 9 disposal of existing SF 3,800 carpet/flooring Removal and 10 disposal of existing LF 900 base cove Prep surface and install new resilient flooring (Milliken: Fortified 11 Foundations SF 3,800 5.OMM, Flex Form LVT, 9"x60", Shenandoah, SHE145 Moose Prep surface and install new vinyl base cove 12 (Johnsonite: LF 900 B aseworks Thermoset Rubber (Type TS Prep surface and 13 install new vinyl EA 18 divider strips (door thresholds Removal and disposal of existing 14 stair tread and LS 1 landings (27 steps and 2 landings) Prep surface and install new rubber stair tread and 15 landings (One Piece LS 1 w/Riser #A60528, 27 steps and 2 landings) I-C-4 Agreement No. 6312 16 Paint touch-up LS 1 TOTAL BID FOR ITEMS 1-16 IN FIGURES = TOTAL BID WRITTEN IN WORDS: I-C-5 Agreement No. 6312 BIDDER'S INFORMATION Company Name: 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 Address Telephone No. Facsimile No. State Contractor's License No. and Class Original Date Issued Expiration Date 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: 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-6 Agreement No. 6312 BIDDER'S INFORMATION (CONTINUED) Company Name: Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Title: I-C-7 Agreement No. 6312 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 sworn to this day of , 20 NOTARY PUBLIC I-C-8 Agreement No. 6312 PROPOSAL GUARANTEE BID BOND FIRE STATIONS I & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 KNOW ALL MEN BY THESE PRESENTS that, _ , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS (S _), which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo 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. THE CONDITIONS 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 and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20 BIDDER* SURETY* Subscribed and sworn to this day of 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-9 Agreement No. 6312 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: 20 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 , 20, at Signature Typed Name Title Company Name (insert City and State where Declaration signed). I-C-10 Agreement No. 6312 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) , being first duly sworn, deposes and say that he or she is of 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. Signature Typed Name Title Name of Bidder/Company Name Date I-C-11 Agreement No. 6312 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: Title: Business Name: Business Address: Telephone Number: O Dated this day of , 20 I-C-12 Agreement No. 6312 DESIGNATION OF SUBCONTRACTORS FIRE STATIONS I & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Company Name: As detailed in Section 2-3.1 (Page 11-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. Name of Subcontractor Address Subcontractor's Contractor License No., & DIR Registration No. Description of Portion of Work Subcontracted Estimated $ Amount (Number and Street) (CSLB #) (City, Zip Code) (DIR #) (Make copies of this page if additional space is needed) Signature of Bidder Date I-C-13 Agreement No. 6312 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: 1. 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? 2. 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? I-C-14 Agreement No. 6312 3. 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? 4. 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? I-C-15 Agreement No. 6312 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. 6312 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Company Name: 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. 1. Have you ever been disqualified from any government contract? Yes ❑ No ❑ 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 ❑ Bidder's Signature Name (Please Print) I-C-17 Agreement No. 6312 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 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 Insurance 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 11 85 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: VIL" 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." Date Bidder's Signature I-C-18 Agreement No. 6312 END PROPOSAL SECTION I-C-19 Agreement No. 6312 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 This CONTRACT is entered into this day of , 20 , by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and , ("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 Dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. Agreement No. 6312 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within sixty (60) working days (the "Contract Time.") B. The Contract Time will commence 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 Time. 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. I-D-2 Agreement No. 6312 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 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 make 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 City Arianne Bola Senior Associate Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524-2364 abolakel segundo. org The Contractor Any such written communications by mail 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. I-D-3 Agreement No. 6312 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the 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. 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 party 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. I-D-4 Agreement No. 6312 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Scott Mitnick City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney LE Joaquin Vazquez, Assistant City Attorney Insurance Reviewed by: Taxpayer ID No. Contractor State License No.: Contractor City Business License No.: I-D-5 Agreement No. 6312 FAITHFUL PERFORMANCE BOND FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Bond No. Bond Fee: ("PRINCIPAL") and a corporation incorporated under the laws of the State of 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 DOLLARS, 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 22-03, 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 22-03, 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 (CITY DRAWING NO. PW 22-03) 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 Agreement No. 6312 completion and acceptance by CITY. 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 22-03 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, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 6312 SIGNED AND SEALED this day PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS: 20 SURETY'S PRESIDENT SURETY'sSECRETARY SURETY's MAILING ADDRESS: 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 ofthe job. I-E-3 Agreement No. 6312 LABOR AND MATERIALS BOND FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT NO.: PW 22-03 Bond No. Bond Fee: as principal ("PRINCIPAL") and a corporation incorporated under the laws of the State of 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 DOLLARS, 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. This bond is conditioned upon and guarantees payment by PRINCIPAL to Contractors, Subcontractors, and persons renting equipment; payment by PRINCIPAL and all 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 FIRE STATIONS 1 & 2 FLOOR REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 22-03 ("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 22-03, 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 (CITY DRAWING FILE NO. PW 22-03), 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. Agreement No. 6312 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. 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 22-03, 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 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. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will be in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 6312 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS: NOTE: (1) (2) 20 SURETY'S PRESIDENT SURETY'sSECRETARY SURETY's MAILING ADDRESS: ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. Bond shall be effective for one (1) year after acceptance of the job. I-F-3 Agreement No. 6312 SECTION II - GENERAL REQUIREMENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRATION OF CONTRACTORS No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND CITY BUSINESS LICENSE Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INFORMATION The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. FURNISHING OF WATER Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of One Thousand Four Hundred Forty -Four Dollars ($1,444.00) to insure against damage to a 2'/2" Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the CONTRACTOR, all or any part of said deposit may be retained by the City. An non-refundable Activation Fee of One Hundred Ten Dollars ($110.00) will be charged upon activation of the temporary meter. 5. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. II-A-1 Agreement No. 6312 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR POLLUTION CONTROL The Contractor is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the Contractor or his/her Sub -Contractor will wear an orange vest or an orange shirt while working in the public right-of-way. II-A-2 Agreement No. 6312 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NUMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 1-2.1 ADDITIONAL DEFINITIONS Acceptance — The date on which the City Council accepts the Work as complete. Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors employed by the City. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. City Council - The body constituting the awarding authority of the City. Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. II-B-1 Agreement No. 6312 Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of Completion." 1-3 ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association current edition and subsequent supplements ASA American Standard Association CITY City of El Segundo SSP State of California Standard Plans, current edition SSS State of California Standard Specifications, current edition SECTION 2 — SCOPE AND CONTROL OF WORK II-B-2 Agreement No. 6312 The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCESS TO PROJECT SITE Not later than the date designated in the current Contract Schedule submitted by the Contractor, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 2-1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS. The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2-3 SUBCONTRACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. II-B-3 Agreement No. 6312 Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work, cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2-3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2-3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10%) of the Work. 2-4 CONTRACT BONDS The following paragraph is added to Subsection 2-4 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid up and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6-8.1. 2-5 PLANS AND SPECIFICATIONS Subsection 2-5.1 of the Greenbook is replaced by the following subsection. II-B-4 Agreement No. 6312 2-5.1 GENERAL The Contractor will maintain the following at the Work site: One as -built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As -built plans are to be submitted to the City representative for approval prior to acceptance of the project as complete. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there are no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following paragraph is added to subsection 2-5.2 of the Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in II-B-5 Agreement No. 6312 the specifications will be of like effect as if shown or mentioned in both. 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 2-9.3 SURVEY SERVICE 2-9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the II-B-6 Agreement No. 6312 County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2-9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3 -3.2.3 MARK UP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor..................................................20 2) Materials............................................15 3) Equipment Rental...............................15 4) Other Items and Expenditures ............ 15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the II-B-7 Agreement No. 6312 Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 3-3.3 DAILY REPORTS BY CONTRACTOR Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3-4 CHANGED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will include, without limitation, the following: Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. II-B-8 Agreement No. 6312 The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 3. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3-5 DISPUTED WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4-1.3 INSPECTION REQUIREMENTS Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4-1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer II-B-9 Agreement No. 6312 and water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract documents. The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the City Engineer. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor's cost at rates established by the City. 4-1.6 TRADE NAMES OR EOUALS Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal". For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum of ten (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item". At a minimum, the submitted documentation will include: ■ Written request with explanation of why the product should be considered as an equal product. ■ Material specifications. ■ Technical specifications. ■ Test data. ■ Samples. ■ Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. ■ Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. ■ Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. II-B-10 Agreement No. 6312 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 INCORRECT LOCATION OF UTILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION The City will be responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City will have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation. 5-5 DELAYS The following paragraphs are added to Subsection 5-5 of the Greenbook. Actual loss, as used in this Subsection, will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection 5-5.1 and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5-5 of the Greenbook. 5-5.1 CALCULATING IDLE TIME Equipment idle time will calculated in accordance with Subsection 3-3.2.2(c) and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3-3.2.2(a). II-B- I I Agreement No. 6312 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pre -Construction Meetin&. After contract award, the City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub -contractors to attend the meeting. 6-1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) days of award. 6-1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6-1.3 EFFECT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. II-B-12 Agreement No. 6312 If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6-1.4 COMMENCEMENT OF CONTRACT TIME The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6-4 DEFAULT BY CONTRACTOR The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. II-B-13 Agreement No. 6312 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the work completed and in place at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of, the following: 1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-4.3 SURETY'S ASSUMPTION OF CONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude II-B-14 Agreement No. 6312 the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City's forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 6-6 DELAYS AND EXTENSIONS OF TIME Subsection 6-6 is deleted in its entirety and replaced with the following subsections. 6-6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, but is not required to, deem an extension of time to be in the City's best interests. 6-6.2 EXTENSIONS OF TIME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. II-B-15 Agreement No. 6312 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-6.4 WRITTEN NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday lam -5pm and 7am-4pm on Friday. It is closed on the following holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Christmas Eve Christmas New Year's Eve If the Contractor requests an inspection a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. If the Contractor does construction on a day when City Hall is closed, that day is counted as a project working day. II-B-16 Agreement No. 6312 On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 NIGHT WORK The following paragraph is added to Section 6-7 of the Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 COMPLETION AND ACCEPTANCE Subsection 6-8 is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 6-8.1 GENERAL GUARANTY The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. II-B-17 Agreement No. 6312 6-9 LIQUIDATED DAMAGES Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 FAILURE TO COMPLETE WORK ON TIME If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. 6-11 DISPUTES AND CLAIMS: PROCEDURE 6-11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subj ect to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. II-B-18 Agreement No. 6312 6-11.2 FORM A Claim must include the following: 1. A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. c) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written II-B-19 Agreement No. 6312 documentation demonstrating the Contractor's entitlement to such an adjustment. 8. A personal certification from the Contractor that reads as follows: , I, , BEING THE (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 CLAIMS SUBMITTED TO ENGINEER Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6-11.4 CLAIM IS PREREQUISITE TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6-11.5 DECISION ON CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence II-B-20 Agreement No. 6312 to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than 10 days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 60 days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 30 days of the date of this decision, the decision will be come final and binding and not subject to further appeal." 6-11.6 APPEAL OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 days of the City's final decision. 6-11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non -binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ("AAA") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. II-B-21 Agreement No. 6312 6-11.8 ARBITRATION If the City and Contractor do not agree to mediation, then a disputes will be submitted to neutral non -binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 days of the decision. If subsequent litigation results in an award to the parry appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6-11.10 APPEAL TO SUPERIOR COURT, WAVER OF JURY TRIAL Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 6-11.11 AB 626 CLAIMS PROCESS Claims made by a Contractor for one or more of the following are subject to the claim resolution process set forth in Public Contract Code section 9204: II-B-22 Agreement No. 6312 (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the city under a contract for a public works project. (B) Payment by the city of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the city. 7-2 LABOR The following subsections are added to Subsection 7-2 of the Green Book. 7-2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or c) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one II-B-23 Agreement No. 6312 apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-2.4 RECORD OF WAGES PAID: INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7-3 LIABILITY INSURANCE Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM CL 00 02 01 85 or 88 CA 00 01 01 87 COMBINED SINGLE LIMIT $2,000,000 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. II-B-24 Agreement No. 6312 Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The 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 the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: II-B-25 Agreement No. 6312 CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self -insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self -insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than AXII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. II-B-26 Agreement No. 6312 In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged. Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). 7-3.2 INDEMNIFICATION AND DEFENSE In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. II-B-27 Agreement No. 6312 No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for permits required by the City Building Safety Division. The Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. II-B-28 Agreement No. 6312 7-8.1 CLEANUP AND DUST CONTROL Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type street sweeper a minimum of once daily. 7-8.1.2 WATERING Water for the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing a $300 meter deposit and the payment of a $50 service fee, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. 7-8.6 WATER POLLUTION CONTROL This section is supplemented by the addition of the following requirements which establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the CONTRACTOR. (c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub - grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. II-B-29 Agreement No. 6312 (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The following requirements are added to Section 7-9: Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor's operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements. Relocations, repairs, replacements, or re -establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY The following requirement is added to Section 7-10: Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771. 7-10.1 TRAFFIC AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. II-B-30 Agreement No. 6312 At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One four (4) foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 7-10.2 STREET CLOSURES, DETOURS, BARRICADES Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one M. Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly II-B-31 Agreement No. 6312 completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7-15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all II-B-32 Agreement No. 6312 work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9-2 LUMP SUM WORK Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9-3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty-five (35) calendar days from the date of approving the II-B-33 Agreement No. 6312 Contractor's invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Engineer. The City Engineer upon field acceptance and receipt of the final as -built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than thirty-five (35) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub -contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if II-B-34 Agreement No. 6312 for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 9-3.3 DELIVERED MATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 100-1 TERMINATION OF AGENCY LIABILITY Before receiving final payment, the Contractor will execute a Release on Contract" form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - II-B-35 Agreement No. 6312 SECTION III — SPECIAL PROVISIONS 1-0. GENERAL SCOPE, TIME FOR COMPLETION, AND LOCATION OF WORK 1-1. General Scope of Work: The work to be done consists, in general, of removal of flooring and stair finishes and installation of new resilient flooring, base coves, door thresholds, stair treads, stair landings and paint touchups. 1-2. Location of the Work: The project will occur at Fire Department Station 1, 314 Main Street, El Segundo, CA 90245 and Fire Department Station 2, 2261 E. Mariposa Ave., El Segundo, CA 90245 1-3. Working Days and Time for Completion: 1. Contractor will commence work on date specified in the Notice to Proceed to be issued to the Contractor by City of El Segundo Public Works Department and shall complete work within sixty (60) working days after the date of commencement.. 2-0. NOTIFICATIONS The CONTRACTOR will notify all agencies listed here in a minimum of forty-eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE 1. Start of work, Arianne Bola, Project Manager 310-524-2364 shutdown of work, Lifan Xu, City Engineer 310-524-2368 or resumption of Elias Sassoon, Director of Public Works 310-524-2356 work after shutdown 2. Closing of streets El Segundo Police Department** 310-524-2200 El Segundo Fire Department* * 310-524-2236 ** The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 111-A-1 Agreement No. 6312 2-1 2-2 3-0 1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 2. City of El Segundo — Water Division 310-524-2742 3. City of El Segundo - Wastewater Division 4. City of El Segundo - Recreation and Parks 5. Southern California Gas Company 6. Southern California Edison Company (SCE) 7. AT&T 8. Time Warner Communication (Cable) 9. Los Angeles County Sanitation District 10. El Segundo Unified School District NO PARKING NOTIFICATIONS 310-524-2754 310-524-2707 310-671-9002 310-417-3366 310-515-4430 310-768-0400 Extension 414 310-699-7411 310-615-2650 The CONTRACTOR shall post City -approved temporary NO PARKING notices a minimum of seventy-two (72) hours before the start of operation. The CONTRACTOR shall promptly notify City staff once posting is completed in order to ensure the 72-hour requirement has been met. The dates and times on the signs shall be site specific and shall cover the minimum time required for "NO PARKING" to facilitate construction. Generic long-term "NO PARKING' time designations are not acceptable. Parking shall not be restricted during any period when construction activity is not scheduled at this particular site. NOTIFICATION OF RESIDENTS The City will require the Contractor to distribute one (1) "Public Notice" to each resident affected by the construction. Notice must be approved by the City prior to distribution. The notice shall be distributed minimum five (5) calendar days prior to the start of any work. Notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob of every resident on the project streets. Notices shall include the project times, dates, working hours, and description of project activities. If any changes occur to project times, dates or working hours, the Contractor will revise and re -deliver the Notice to affected persons. MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: 1. Obtaining and paying for all required bonds, insurance, permits, and licenses. 2. Completing and submitting required documents as required per specifications. 3. Moving on to the site of all Contractor's equipment required for operations. 111-A-2 Agreement No. 6312 4. Installing and removing of all temporary facilities required for operations. 5. Posting all OSHA required notices. 6. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval 7. Notification of City staff, residents, businesses and motorists, including temporary warning and safety signage where construction is or will be occurring. Notification shall be furnished by Contractor and shall be distributed seventy-two (72) hours prior to work in that area. 8. Re -notification of all affected parties for all construction schedule changes 9. Protection of utility facilities, landscapes, pavements, structures, and any existing condition and other public property in place during any construction activities. This includes protection of planter boxes and vegetation. 10. Providing Best Management Practices (BMPs) necessary to comply with NPDES requirements. 11. Bringing unforeseen field conditions to City staff s attention in a timely manner 12. Restoration to existing standard conditions or better, of private and public property damaged during construction. 13. Removal and disposal of any existing unused materials from the project sites. 14. Demobilization 3-1. Clearing, grubbing, and landscape removal shall take place as necessary for all construction activities to occur, including but not limited to Section 300-1 of the Standard Specifications. If applicable, live tree roots shall be inspected by the Recreation and Parks Department after the surface above them has been removed, to ascertain if tree root barrier installation or full tree removal is necessary. Costs for clearing, grubbing, and landscape/tree root removal shall be included in the bid prices for the different bid items. All such removals shall take place prior to any excavation for construction. Where necessary, the contractor shall replace residential landscaping or sprinklers damaged by construction after construction is complete. 3-2. Underground Service Alert, 1-800-227-2600, shall be contacted and the contractor shall determine the exact location of all utilities prior to beginning excavation and construction. If conflicts are discovered, the Contractor shall notify the Engineer immediately. A detailed description of the depth and location of utility conflicts in relation to the proposed storm drain facilities shall be provided to City Inspector as well as the applicable utility agency. A list of utility agency and waste hauler contact number is included in the Appendix. 3-3. Demobilization shall include all activities for the Contractor to remove all equipment, on -site sanitary facilities, etc. from the project areas after construction is complete. Demobilization shall also include general cleanup activities and punch list items and specific activities determined by the City Public Works Inspector, to repair or replace any private or public facilities damaged by the construction and to return public right- of-way to the same or better condition as that existing prior to construction. III-A-3 Agreement No. 6312 4-0. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS The Contractor shall divert all Construction and Demolition (C&D) waste generated from the project in accordance with the California Green (CALGreen) Building Standards Code (pursuant to El Segundo Municipal Code, Title 13, Chapter 11). C&D waste can only be legally collected, removed, or transported by City of El Segundo permitted waste haulers. If the Contractor plans on collecting, removing, or transporting its own waste, approval from the City Engineer or designee is required. Failure to meet the C&D waste recycling requirements will result in the assessment of penalties pursuant to El Segundo Municipal Code. Contractor shall prepare a C&D Debris Management Plan as follows: PART1 GENERAL 1.1 SUMMARY A. This Section includes the following: procedures for ensuring optimal diversion of construction and demolition (C&D) waste materials generated by the Work within the limits of the Construction Schedule and Contract Sum. The Integrated Solid Waste Management Act of 1989 ("AB 939"), requires that localities throughout the state develop source reduction, reuse, recycling, and composting programs to reduce the tonnage of solid waste disposed in landfills by 50%; this requirement may increase in the future. C&D waste materials generated by the Work are targeted to achieve these diversion rates. 2. A minimum of 50% by weight of the solid wastes generated in the Work shall be diverted from landfill disposal through a combination of reuse, recycling, and composting activities. 3. This section includes requirements for submittal of C&D Debris Management Plan prior to the commencement of the Work, and during the project, submittal of Contractor's quantitative reports for construction and demolition waste materials generated by the Contractor as a condition of approval of progress payments submitted to the Contracting Officer, and following completion of the project, as a condition of the release of final project retention. 1.2 DEFINITIONS A. Class III Landfill. A landfill that accepts non -hazardous waste such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid waste facilities permit from the California Department of Resources Recycling and Recovery (CalRecycle) and be regulated by the Enforcement Agency. III-A-4 Agreement No. 6312 B. Construction and Demolition Debris or C&D Debris. Building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. The debris may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. C. Contracting Officer. The City of El Segundo City Engineer or designee. D. C&D Recycling Center. A facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than 10% of the amount separated for reuse or recycling, by weight. E. Disposal. Final deposition of C&D or inert debris into land, including stockpiling onto land of construction and demolition debris that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days; and construction and demolition debris that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year, or stockpiling onto land of inert debris that is for a period of time greater than one year. F. Diversion or Divert. The reuse or recycling of construction and demolition debris to avoid disposal in a landfill. G. Enforcement Agency (EA). Enforcement agency as defined in Public Resources Code 40130. H. Inert Disposal Facility or Inert Waste Landfill. A disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal. I. Inert Solids or Inert Waste. Non -liquid solid wastes including, but not limited to, soil and concrete that do not contain hazardous waste or soluble pollutants at concentrations in excess of water quality objectives established by a regional Water Board pursuant to Division 7 (Sections 13000 et seq) of the California Water Code and does not contain significant quantities of decomposable solid resources. Mixed C&D Debris. Loads that include commingled recyclable and non -recyclable C&D debris generated at the construction site. K. Mixed Debris Recycling Facility. A processing facility that accepts loads of solid waste and/or recycling materials for the purpose of recovering reusable, recyclable, and compostable materials and disposing the non -recyclable residual materials. III-A-S Agreement No. 6312 L. Recycling. The process of sorting, cleansing, treating and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating or thermally destroying solid waste. M. Reuse. The use of a material that might otherwise be discarded, in the same or similar form as it was produced. N. Separated for Reuse. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated." O. Solid Waste. Refer to Public Resources Code Section 40191. P. Source -Separated. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream at the point of generation, for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 SALVAGE, REUSE, RECYCLING AND PROCEDURES A. Identify reuse, salvage, and recycling facilities: Refer to the City's website for a list of local organizations and companies. https:// .elsegundo.org/ government/departments/public-works/trash-recyglin B. Develop and implement procedures to reuse, salvage, and recycle new construction and excavation materials, based on the Contract Documents, the C&D Debris Waste Management Plan, estimated quantities of available materials, and availability of recycling facilities. Procedures may include on -site recycling, source separated recycling, and/or mixed debris recycling efforts. Identify materials that are feasible for salvage, determine requirements for site storage, and transportation of materials to a salvage facility. 2. Explore the possibility of reusing project job -site inert materials, such as rock, concrete, dirt and aggregate, on -site for road base or other similar uses. uir_QO Agreement No. 6312 3. Source separate new construction, excavation and demolition materials including, but not limited to the following types: a. Asphalt b. Concrete, concrete block, slump stone (decorative concrete block), and rocks. Red Clay Brick d. Soils Other materials, as appropriate, such as wood and corrugated cardboard. 4. Develop and implement a program to transport loads of mixed (commingled) new construction materials that cannot be feasibly source - separated to a mixed materials recycling facility. Contractor may develop their own C&D Debris Management Plan based on CALGreen requirements or use available City forms as follows: a. Form PW-A — Project Information b. Form PW-B — Pre -Project Worksheet Form PW-B 1 — Pre -Project Worksheet (This form is to be completed only if you plan to use your own company -owned bins/trucks for disposition of material.) d. Form PW-C — Post -Project Summary Form PW-D — Exemption Request — only use if it is infeasible to comply with requirements. 3.2 DISPOSAL OPERATIONS AND WASTE HAULING A. Legally transport and dispose of materials that cannot be delivered to a source - separated or mixed recycling facility to a transfer station or disposal facility that can legally accept the materials for the purpose of disposal. B. Use a permitted waste hauler or Contractor's trucking services and personnel. To confirm valid permitted status of waste haulers, visit the City of El Segundo website: https://www.elsegundo.org/ government/departments/public-works/trash-rec clin C. Become familiar with the conditions for acceptance of new construction, excavation and demolition materials at recycling facilities, prior to delivering materials. uir_en Agreement No. 6312 D. Legally transport and deliver to facilities that can legally accept new construction, excavation and demolition materials for purpose of re -use, recycling, or composting. E. Do not burn, bury or otherwise dispose of solid waste on the prof ect j ob-site. 3.3 REUSE AND DONATION OPTIONS A. Implement a reuse program to the greatest extent feasible. Options for reuse may include, but are not limited to: Los Angeles County Materials Exchange (LACOMax) LACoMAX is a free service provided by the Los Angeles County Department of Public Works, Environmental Programs Division, designed to help residents, businesses, and organizations in Los Angeles County find markets for their industrial by-products, surplus materials, and other would-be discards. All exchanges are coordinated between the parties. The site can be accessed at http://www.ladpw.org/epd/lacomax. 2. California Materials Exchange (CalMAX) is a free service provided by the State of California, Department of Resources Recycling and Recovery (CalRecycle) that connects businesses, organizations, manufacturers, schools, and individuals with online resources for exchanging materials. The site can be accessed at www.calrecvcle.ca.aov/CaIMAX. 3. Habitat for Humanity ReStore resale outlets accept donated home improvement goods like furniture, home accessories, building materials and appliances. The materials are sold to the general public. The proceeds help local Habitat affiliates fund the construction of Habitat homes within their communities. Locations of ReStores can be found at: www.habitat. ora/restores. 3.4 REVENUE A. Revenues or other savings obtained from recycled, re -used, or salvaged materials shall accrue to Contractor unless otherwise noted in the Contract Documents. - END SECTION — 5-0. WORK SCHEDULE Contractor shall be responsible for providing a workable construction schedule that incorporates the following conditions: 1. The schedule for the work is subject to the approval of the Public Works Department. III--M Agreement No. 6312 2. All work shall take place Monday through Friday between the hours of 7:00 am and 4:00 pm unless previously approved by the Public Works Director, City Engineer, or Project Engineer for any other day of the week. The Contractor shall coordinate all inspections and final sign -offs for permits and the project with Public Works Department and Building Safety staff. 6-0. EXAMINATION OF JOB SITE AND MEASUREMENT VERIFICATION The BIDDER shall make a detailed physical inspection of the project site before submitting the proposal. It is understood that the BIDDER has thoroughly examined the specifications, sites and conditions under which work will be performed before submitting a proposal and has satisfied himself regarding existing conditions and existing access conditions which may affect bid prices for the proposed work. Measurement Verification: Contractor shall verify all field measurements and determine quantities prior to ordering materials. Contractor shall procure all material and confirm all parts are onsite prior to beginning installation. 7-0. INSPECTION Section 4-1.3 on page II-B-9 of these Specifications is supplemented by the following additional requirements: 1. On all questions relating to quantities, the acceptability of material, or work, the execution, progress or sequence of work, and the interpretation of specifications or plans, the decision of the Engineer or City Inspector is final and binding, and shall be precedent to any payment under the contract. 2. All work and materials are subject to inspection and approval of the Engineer or City Inspector. 3. Legible copies of material/weight certification shall be turned over to the City Inspector on a daily basis. 4. Inspection of the work shall not relieve the Contractor of the obligations to fulfill all conditions of the contract. 8-0. WORK AREA SAFETY All work shall conform to all applicable State, local, regional and Federal codes, ordinances, and regulations as prescribed by the City. 1. The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Occupational Safety and Health of the Industrial Relations Department (CAL -OSHA). Agreement No. 6312 2. The CONTRACTOR shall place and maintain signs, cones, barricades, security fences, and other safety devices as needed for the safety of and the general public, City personnel, and the Contractor. 8-0. USE OF PRIVATE PROPERTY AND PROTECTION OF EXISTING M'ROVEMENTS The use of any private property or utilities on private property by the Contractor is prohibited. The prohibited uses include, but not limited to Contractor's use of water, electricity or natural gas from the private property, and storage of material or equipment, and turning around/parking of his vehicles on private property. Existing public and/or private improvements, adj acent property, utility and other facilities and trees and plants shall be protected from injury or damage. 2. Any damage to the facilities, public, or private property that takes place as a result of the contractor's work shall be repair or replaced to the City's satisfaction by the contractor at no cost to the City. 3. Access to driveway shall be maintained at all times for residents. 9-0. STORAGE OF MATERIALS AND EQUIPMENT 1. No material or equipment shall be stored in public right-of-way. 2. The contractor shall be responsible for obtaining a site for storage of material and equipment. The site shall not be within or adjoining the residential areas of the City. Site shall be subject to approval by the City. 3. The sites for stockpiling and batching materials shall be clean and free from objectionable material. 4. The City does not have nor does it guarantee any designated property within the City for storage of materials. If the Contractor finds a private property for storage of his materials, the Contractor shall furnish the City a letter of approval and a letter of release (at the end of the job and cleanup of the storage site) from the property owner for this purpose. 10-0. DISPOSAL OF REMOVALS There are no authorized dump facilities within the City of El Segundo. All removed material shall become the property of the Contractor and shall be legally disposed of by Contractor at the end of each work day away from the site of work. 111-A-10 Agreement No. 6312 11-0. PUBLIC WORKS ENCROACHMENT PERMITS The Contractor will be required to apply and obtain applicable permits from the Public Works. The Contractor's work shall adhere to the City standards and applicable codes including the California Building Code, Plumbing Code, Electrical Code, and Mechanical Code. The Contractor shall call the Inspector at least 24 hours in advance for inspections. All noted deficiencies on permits shall be corrected by contractor. The project will not be accepted as complete until contractor obtains a final sign -off for all permits. 12-0. NPDES COMPLIANCE Contractor shall comply with the latest version of the Los Angeles Regional Water Quality Control Board (LA RWQCB) NPDES MS4 Permit for storm water and non -storm water discharges. Contractor shall not discharge or permit to be discharged to any street, channel, river, storm drain, or any appurtenances thereof, any non -rain water or other liquid substance from the project or from operations pertaining to the project site, unless the discharge is specifically listed as exempt or conditionally exempt in the most current MS4 Permit issued by the Regional Water Quality Control Board, Los Angeles Region. Contractor shall implement all necessary Best Management Practices (BMPs) to ensure that any conditionally exempt discharge meets all current requirements of the LA RWQCB MS4 Permit. City may prohibit or restrict any discharge if, in its sole discretion, the discharge is polluting, unsafe, or causes a nuisance condition to be created. Depending on the size of the project and/or construction activities of the project, the Contractor may be required to comply with the State Water Resources Control Board (SWRCB) Construction General Permit (Adopted Order 2009-0009-DWQ and subsequent amendments). Contractor shall refer to the SWRCB Construction General Permit for construction activities covered and be responsible for implementing requirements if subject to the Construction General Permit. 13-0. COMPLETION Upon completion of work at each site, the Contractor shall conduct careful inspection with the City Inspector and shall correct all defective work to the satisfaction of the Owner. The Contractor shall coordinate all inspections and final sign -offs for Encroachment Permits with City staff. All scrap, litter and debris resulting from operations specified herein, shall be removed and the premises left in a clean and satisfactory condition. III -A- I I Agreement No. 6312 14-0. WARRANTY The Contractor and/or manufacturer shall warrant all work performed under this Contract for a minimum of one (1) years from the date of Owner's acceptance of completed job. Any defects in materials or workmanship appearing during this period shall be corrected without cost to the City. - END OF SECTION - III-A-12 Agreement No. 6312 APPENDIX A Technical Specifications Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 SECTION 02 22 22 MINOR DEMOLITION PART 1 - GENERAL 1.1 SECTION INCLUDES A. Move furniture. B. Removal of existing carpet. C. Disposal of materials. 1.2 1.2 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off -site unless indicated to be removed and salvaged or recycled. B. Disposal: Removal off -site of demolition waste and subsequently deposit in landfill acceptable to authorities having jurisdiction. C. Salvage: Recovery of demolition waste for subsequent reuse. D. Recycle: Recovery of demolition waste for subsequent processing. E. Existing to Remain: Items of construction that are not to be removed and that are not indicated to be removed salvaged, or recycled. F. Move: Relocate furniture items prior to removal of existing flooring. Move items back after new floor installation. 1.3 MATERIALS OWNERSHIP A. Historic items, relics, cornerstones, commemorative plaques, tablets and similar objects encountered during demolition are to remain the Owner's property. B. Carefully remove each item in a manner to prevent damage and deliver to Owner. 1.4 SUBMITTALS A. Predemolition Photographs: Show conditions of exiting adjacent construction and site improvements that might be misconstrued as damaged by demolition operations. Submit before work begins. B. Record Documents: Submit under provisions of Section 017700. Accurately record locations of utilities and subsurface obstructions. MINOR DEMOLITION 02 22 20 - 1 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 1.5 REGULATORY REQUIREMENTS A. Conform to applicable codes for demolition work, safety of structure, electrical disconnection and reconnection dust control and disposal of materials. B. Comply with California Fire Code (CFC), California Code of Regulations, (CCR) Title 24, Part 9, Article 87 - Fire Safety During Construction, Alteration or Demolition of a Building, Section 8706 - Fire Safety During Demolition. C. Obtain required permits from authorities. D. Notify affected utility companies before starting work and comply with their requirements. E. Do not close or obstruct egress width to exits. F. Do not disable or disrupt building fire or life safety systems without 3 day prior written notice to the Owner. 1.6 PROJECT CONDITIONS A. Areas of buildings to be demolished will be evacuated and their use discontinued before start of work. B. Owner will occupy building(s) adjacent to demolition area. Conduct demolition so owner's operation will not be disrupted. C. Provide at least 72 hour notice to Owner of activities that will affect Owner's operation. D. Maintain access to existing walkways, exits and other adjacent occupied facilities. E. Owner assumes no responsibility for areas of buildings to be demolished. F. Hazardous Materials: Hazardous materials are present in buildings to be demolished. A report on the presence of hazardous materials has been prepared by the Owner by a third part and is on file for review and use. G. Do not disturb hazardous materials except as specified. 7 SCHEDULING A. Schedule work under provisions of Section 013200. B. Schedule Work to coincide with new construction. C. Perform work during normal hours of operation. D. Notify Owner in writing 5 days in advance of any required work to be performed on a weekend or holiday. MINOR DEMOLITION 02 22 20 - 2 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 E. Coordinate utility and building service interruptions with Owner. F. Schedule tie-ins to existing systems to minimize disruption. G. Coordinate Work to ensure fire sprinklers, fire alarms, smoke detectors, emergency lighting, exit signs and other life safety systems remain in full operation in occupied areas. 1.8 PROJECT CONDITIONS A. Conduct demolition to minimize interference with adjacent building areas. B. Cease operations immediately if structure appears to be in danger and notify Architect. Do not resume operations until directed. PART 2 - PRODUCTS Not Used. PART 3 - EXECUTION 3.1 EXAMINATION A. Correlate existing conditions with requirements indicated. B. Inventory and record condition of items to be removed and salvaged. C. Execute predemolition photographs. D. Verify that hazardous waste remediation is complete. 3.2 PREPARATION A. Existing Utilities: Locate, identify, disconnect and seal or cap off indicated utilities serving areas to be demolished. B. Salvaged Items: Clean, pack and identify items for storage. C. Protect existing items which are not indicated to be salvaged, removed, or altered. D. Erect and maintain weatherproof closures for exterior openings. E. Erect and maintain temporary partitions to prevent spread of dust, fumes, noise, and smoke to provide for Owner occupancy as specified in Section 011100. 3.3 DEMOLITION A. Conduct demolition to minimize interference with adjacent building areas. MINOR DEMOLITION 02 22 20 - 3 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 B. Cease operations immediately if structure appears to be in danger. Notify Architect. Do not resume operations until directed. C. Maintain protected egress and access to the Work. D. Maintain fire safety during demolition in accordance with CFC, Article 87, Section 8706. E. Demolish in an orderly and careful manner. Protect existing supporting structural members. 3.4 SALVAGING OF DEMOLITION MATERIALS A. Salvage materials under the provisions of Section 017419. B. Clean salvaged items. C. Pack or crate items after cleaning. Identify contents. D. Store items in secure area until delivery to Owner. E. Protect items from damage. F. Install salvaged items to comply with requirements for new materials and equipment. 3.5 RECYCLING OF DEMOLITION MATERIALS A. Recycle demolition waste to the extent possible. B. Separate recycled demolition materials from other demolished materials. C. Stockpile processed materials on -site without intermixing with other materials. D. Do not store materials within drip line of trees. E. Transport recyclable materials that are not indicated to be reused off Owner's property to recycling receiver or processor. F. Recycled incentives received for building demolition materials shall be equally shared between Contractor and Owner. G. Wood Materials: Sort and stack members according to size, type and length. Separate dimensional and engineered lumber, panel products, and treated wood materials. H. Metals: Separate by metal type. Remove nuts, bolts and rough hardware. Sort structural steel by type and size. I. Roofing: Separate organic and fiberglass shingles and felts. Remove nails, staples and accessories. MINOR DEMOLITION 02 22 20 - 4 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 J. Doors and Hardware: Brace open end of door frames. Leave hardware attached to doors. K. Carpet and Pad: Store clean dry carpet and pad in a closed container or trailer. L. Gypsum Board: Stack large clean pieces on pallets. Remove edge trim and sort with metals. Remove and dispose of fasteners. M. Acoustical Ceiling Materials: Stack panels and tiles on pallets. Separate suspension system and sort with metals. N. Equipment: Drain tanks, piping and fixtures. Seal openings with caps or plugs. O. Piping: Reduce piping to straight lengths and store by type and size. Separate supports, hangers, valves and other components. P. Lighting Fixtures: Remove lamps and separate by type. Q. Electrical Devices: Separate switches, receptacles, switchgear, transformers, meters, panelboards, circuit breakers, and other devices by type. R. Conduit: Reduce conduit to straight lengths and store by type and size. 3.6 DISPOSAL OF DEMOLISHED MATERIALS A. Except for items to be recycled, reused, salvaged, or otherwise indicated to remain, remove demolished materials from Project site and legally dispose of them in an EPA — approved landfill. B. Do not burn or bury materials on site. 3.7 CLEANING A. Clean adjacent structures and improvements of dust, dirt and debris caused by demolition. B. Remove temporary construction. C. Return adjacent areas to condition existing before demolition operations began. D. Leave site in a clean condition. END OF SECTION MINOR DEMOLITION 02 22 20 - 5 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 SECTION 09 65 00 RESILIENT FLOORING PART 1 - GENERAL 1.1 SECTION INCLUDES A. Luxury Vinyl Tile B. Vinyl Transition Strips C. Cove Wall Base D. Rubber Stair Tread E. Adhesive & Accessories 1.2 REFERENCES A. ADAAG - Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities. B. CBC - California Building Code, (CCR) California Code of Regulations, Title 24, Part 2, California State Accessibility Standards. C. ASTM E648 - Test Method for Critical Radiant Flux of Floor -Covering Systems using a Radiant Energy Source. D. ASTM E662 - Test Method for Specific Optical Density of Smoke Generated by Solid Materials. E. ASTM F710 - Practice for Preparing Concrete Floors and other Monolithic Floors to Receive Resilient Flooring. F. ASTM F1861 - Standard Specification for Resilient Wall Base. G. ASTM F1869 - Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Subfloor Using Anhydrous Calcium Chloride. H. FS RR-T-650 - Treads, Metallic and Non-metallic, Non-skid. I. FS SS-T-312b - Tile, Floor: Asphalt, Rubber, Vinyl, Vinyl Composition. 1.3 REGULATORY REQUIREMENTS A. Resilient flooring to comply with the following fire performance characteristics as determined by testing products per ASTM test method indicated below: RESILIENT FLOORING 09 65 00 - 1 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 1. Critical Radiant Flux: 0.45 watts per sq cm or more per ASTM E648. 2. Smoke Density: Less than 450 per ASTM E662. B. Products supplied for tile installation shall comply with local regulations controlling use of volatile organic compounds (VOC). C. Resilient flooring products shall have a coefficient of friction when tested according to ASTM D2047 of 0.60 for flat floors and 0.80 for ramped surfaces. D. Conform to CBC, California Building Code, (CCR) Title 24, Part 2, and ADAAG for accessibility requirements. PART 2 - QUALITY ASSURANCE 2.1 Sustainability Requirements: Comply with CALGreen requirements including those relative to finish material pollution control for adhesives and resilient flooring. 2.2 SUBMITTALS A. Submit shop drawings and product data under provisions of Section 013300. B. Provide seaming and pattern plan. C. Submit samples under provisions of Section 013300. D. Submit two samples 3 x 3 inches in size, illustrating color and pattern for each floor material specified. E. Submit two 2 inch long samples of base and stair material for each material specified. F. Submit manufacturer's product data for adhesives including printed statement of VOC content under the provisions of Section 013523. 2.3 OPERATION AND MAINTENANCE DATA A. Submit cleaning and maintenance data under provisions of Section 017700. B. Include maintenance procedures, recommended maintenance materials, and suggested schedule for cleaning, stripping, and re -waxing. 2.4 ENVIRONMENTAL REQUIREMENTS A. Concrete subfloor to be allowed to cure for a minimum of 90 days to achieve acceptable dryness. B. Store materials for three days prior to installation in area of installation to achieve temperature stability. C. Maintain ambient temperature required by adhesive manufacturer three days prior to, RESILIENT FLOORING 09 65 00 - 2 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 during, and 24 hours after installation of materials. D. Subfloor Moisture Conditions: Moisture emission rate of no more than 3 Ib/1000 sq. ft./24 hours when tested by Quantitative Anhydrous Calcium Chloride Test, ASTM F1869, with subfloor temperature not less than 65 degrees F. E. Subfloor Alkalinity Conditions: A pH range of between 5 to 9 when subfloor is wetted with potable water and pHdrion paper is applied. PART 3 - PRODUCTS 3.1 MANUFACTURERS — Luxury Vinyl Tile, and Adhesive A. Milliken, www.millikenfloors.com. 1. Fortified Foundations 5.OMM, Flex Form LVT, 9"x60", Shenandoah, SHE145 Moose B. Substitutions: Under provisions of Section 012500. 3.2 MANUFACTURERS — Rubber Stair Tread, and Adhesive A. Johnsonite, w .io nsonite.com. 1. Rubber Stair Tread, One Piece w/Riser #A60528 B. Substitutions: Under provisions of Section 012500. 3.3 MANUFACTURERS — Cove Wall Base, Vinyl Transition Strips, and Adhesive A. Johnsonite, w .io nsonite.com. 1. Baseworks Thermoset Rubber (Type TS) 2. Vinyl Thresholds 3. Finishing Accessories B. Substitutions: Under provisions of Section 012500. 3.4 BASE MATERIALS A. Base: ASTM F1861, Type TS rubber; Group 1 solid; Style B coved; 4 inch high; 0.125 inch thick; top set, in maximum practical lengths unless noted otherwise. 3.5 ACCESSORIES A. Subfloor Filler: White premix latex; type recommended by flooring material manufacturer. B. Primers and Adhesives: Waterproof; types recommended by flooring manufacturer. Shall meet South Coast Air Quality Management District (SCAQMD) Rule #1168. RESILIENT FLOORING 09 65 00 - 3 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 C. Edge Strips: Rubber. Color: As Selected by the Architect from Manufacturer's standard range. PART 4 - EXECUTION 4.1 EXAMINATION A. Verify that concrete slabs comply with ASTM F710 and are as specified herein. B. Verify concrete floors exhibit acceptable moisture emission rate; exhibit negative alkalinity, carbonization, or dusting. C. Verify that surfaces are smooth and flat and are ready to receive Work. D. Beginning of installation means acceptance of existing substrate and site conditions. 4.2 PREPARATION A. Prepare and seal concrete slab on grade to receive penetrating permanent concrete sealer. 1. Sealer must be applied to a clean and porous concrete surface. 2. Existing concrete surfaces with prior surface coatings must be mechanically profiled to a concrete surface profile of a 2 (CSP 2). 3. Concrete surfaces with known moisture issues and surfaces over 10 years of age must receive a top coating of a cement -based product after being profiled to a CSP 2. 4. Floor leveling and skim coating must be completed prior to applying the sealer. 5. If sanding the leveled or skim coated surface is needed, complete this prior to applying sealer. 6. If needed, minor patching and skim coating can also be completed after the sealer is applied. 7. Epoxy, urethane, polyaspartic, and other resin systems DO NOT require a cement based top coating as part of the surface preparation. 8. Apply sealer per manufacturer instructions a. Products 1) RadonSeal Concrete Sealer 2) Bone Dry Original Sealer RESILIENT FLOORING 09 65 00 - 4 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 3) Substitutions: Under provisions of Section 012500. 9. Adhesives applied directly to the sealed concrete surface must be trowel on products and applied as per specifications for a non -porous substrate. B. Remove sub -floor ridges and bumps. Fill low spots, cracks, joints, holes, and other defects with subfloor filler. C. Concrete substrate shall be dry, clean, and smooth and free from paint, varnish, solvents, wax, oil, existing adhesive residue, or other foreign matter. Contractor to remove any foreign matter prior to commencement per manufacturer's recommendations. Prepare surfaces per Manufacturer's Guaranteed Installation Systems manual. Reference Armstrong F-5061. D. Apply, trowel, and float filler to leave a smooth, flat, hard surface. E. Prohibit traffic from area until filler is cured. F. Vacuum clean substrate. G. Apply primer to concrete slab surfaces if recommended by flooring manufacturer. 4.3 INSTALLATION - TILE MATERIAL A. Install in accordance with manufacturers' instructions. B. Mix tile from container to ensure shade variations are consistent. C. Spread only enough adhesive to permit installation of materials before initial set. D. Set flooring in place, press with heavy roller to attain full adhesion. E. Lay flooring with joints and seams parallel to building lines. F. Install tile in random pattern. G. Terminate flooring at centerline of door openings where adjacent floor finish is dissimilar. H. Install edge strips at unprotected or exposed edges, and where flooring terminates. I. Scribe flooring to walls, columns, cabinets, floor outlets, and other appurtenances to produce tight joints. J. Install flooring in pan type floor access covers. Maintain floor pattern. K. Install flooring under movable partitions and under cabinetry without interrupting floor pattern. L. Install flooring in open cabinet recesses. RESILIENT FLOORING 09 65 00 - 5 Agreement No. 6312 CITY OF EL SEGUNDO 09/07/2021 FIRE STATION NO.1 & NO.2 FLOORING EL SEGUNDO, CA 90245 M. Install feature strips, edge strips, and floor markings where indicated. Fit joints tightly. 4.4 INSTALLATION - BASE MATERIAL A. Fit joints tight and vertical. B. Install material in maximum practical lengths. C. Maintain minimum measurement of 18 inches between joints. D. Miter internal corners. E. Field wrap external corners with longest practical lengths. "V" cut back surface to 2/3 its thickness. F. Install base on solid backing. Bond tight to wall and floor surfaces. G. Scribe and fit to door frames and other interruptions. 4.5 PROTECTION A. Prohibit traffic on floor finish for 48 hours after installation. 4.6 CLEANING A. Remove excess adhesive from floor, base, and wall surfaces without damage. B. Clean floor and base surfaces. END OF SECTION RESILIENT FLOORING 09 65 00 - 6 Agreement No. 6312 APPENDIX B Floor Plans n x vwmu� owns } t x t k x E ...,VAMP 1 r { w 1 { p.,. ,i 3 r O p { i } ftF, qt( $ s i i Al a 51 1 m K - U 2 �.,..,. t .... ..... ....... ... ....... .. lit all ;A Ing On lit IN Pot lit t r � t rr- jj x rv_n, V r x � k•. �r m t a p ✓ it 11 f ; y7 f �r , r d o 0 z z i u 'MI 'E H cl P, loo 6 0 O CN -0 cli 0 0 z < z uj 0 : I UJ r w 0 0 LL Z LOL < (D w No 9 Lu r bra Lo NM, mil �u N, E H" 4> 0i 2 f M-1 CL 0 0 A 9. S*NMYW 08033H fi N C) 0 er Z U� z LL F,5c) cr LL, -�-, 0— (D >- Czf w w U) to w F-A M-1 IH? 0 rT—i millm, ad O z I Q.. Agreement No. 6312 APPENDIX C City Construction and Demolition Debris Waste Management Plan (WMP) Form Agreement MN6312rlONs City of El Segundo Public Works Department (310) 524-2300 Construction and Demolition Debris Waste Management Plan (WMP) PUBLIC WORKS PROJECTS (including MUNICIPAL ROAD CONSTRUCTION, OVERLAY, SIDEWALK REPAIR OR LAND CLEARING PROJECTS) INSTRUCTIONS Pursuant to the California Green Building Code of 2016 (2016 CALGreen), the City of El Segundo requires diversion (repurposed, reused, or recycled) of at least 65% of non -hazardous construction and demolition (C&D) debris from Public Works projects. A C&D Waste Management Plan must be submitted to the Public Works Department for municipal projects or projects on public property. The contents of this packet, when completed, constitute a C&D Debris Waste Management Plan (WMP). This packet is designed to track the amount of C&D debris diverted or disposed from your City -related (i.e. Public Works) project. If you believe your project cannot achieve the required diversion, you must complete and submit Form PW-D, the EXEMPTION REQUEST form, to the City (i.e. your Project Manager) explaining the circumstances, and requesting an exemption from the requirements. Step 1: Complete Forms PW-A and PW-B Form PW-A is the PROJECT INFORMATION form. This form asks for basic project information, such as name, type, description, location, and contractor contact information. Form PW-B is the PRE -PROJECT WORKSHEET form. This form asks for estimated amounts of debris that will be generated by the project. Option 1: If you are electing to contract with hauler(s) from the Authorized Hauler list who will handle recycling compliance on your behalf, complete Form PW-B (short form). Option 2: If you will be handling all waste management activities (through direct hauling or use of own bins), complete Form PW-B1. Estimate the weight of the C&D debris, by material type, that will be recycled, reused, salvaged, disposed and/or transformed from your project. You must complete either Form PW-B or PW-B1. Step 2: Submit Forms to Public Works Forms PW-A and PW-B (or PW-B1) must be submitted to your Public Works Project Manager and approved prior to commencing work. Step 3: Complete POST -PROJECT SUMMARY - FORM PW-C At least 5 business days prior to contractor requesting release of final project retention, submit a completed FORM PW-C to your Public Works Project Manager. *NOTE* A FACILITY INFO list showing nearby companies that accept C&D materials for recycling is included in this packet. This list was developed to assist you in finding local facilities to use as an alternative to disposal. If you use a certified mixed C&D processing facility, your project will meet the diversion requirements. There are authorized haulers that do business in El Segundo. The HAULER LIST showing companies that are authorized to collect solid waste inEl Segundo is included in this packet. You must use one of these haulers if contracting for waste removal service. For your convenience, there are electronic versions of the forms that will automatically calculate waste generation, disposal, and diversion based on the data entered. Rev.12/4/2020 Agreement No. &312 PW-A City of El Segundo El of Public Works Department (310) 524-2300 Project Name: Contractor Name: Date: PW Project Manager_ PW Project Name: FORM PW-A - PROJECT INFORMATION Submit this form to the Public Works Department prior to commencing your project I for all municipal projects subject to compliance, or projects on public property. Project Address / Location: Mailing Address: Ofc Phone No.: City / State / Zip: Cell No: Email: Project Type: Mark appropriate box in each column with an "X": F-1 Road (construction, overlay, repair) F-1 Facility Improvement (renovation, alteration, or addition) l USE FORMS PROVIDED BY EL SEGUNDO COMMUNITY DEVELOPMENT DEPT F-1 Land Clearing (trail, grading, etc.) F-1 Other Estimated Project Start Date: Estimated Project End Date: Request for Exemption: F-1 (If you are requesting an exemption, fill out Form PW-D: Exemption Request) To the best of my knowledge, the above information is an accurate representation of the proposed project. I have been made aware of the 2016 CALGreen requirements and will comply with all requirements. Print Name Title Signature PW OFFICE USE ONLY -Approval Status F-1 Approved F-1 Denied F-1 Further Explanation Needed F-1 Exempt Due to Infeasibility Reviewed By Date Date Rev. 12/4/2020 2 Agreement No. 6M2 PW-B . City of El Segundo ® Public Works Department (310) 524-2300 Date: PW Project Manager: PW Project Name: FORM PW-B - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS This form must be completed and approved or a demolition / building permit will not be issued. Instead of completing a detailed accounting of the types and quantities of C&D debris that will be generated from this project (FORM PW-131), you have the option to select one of El Segundo's authorized waste haulers. These haulers can handle your project's debris in such a way as to comply with CALGreen standards. If you elect this option, please specify which authorized hauler(s) and/or facility(ies) you will be using and sign the acknowledgement below. El Segundo authorized hauler(s) and/or facility(ies) can be found on the City's website: nj.;jl�as.;// .::. lls u, irn tl.?....airg .? ;irirnirim, ,ir UO...2 aitirirneinro..s/ u.�lk�lliic..vv rlks/I.iraslrro..irec clliiirro It is your responsibility to ensure that the hauler knows you are contracting for "C&D Recycling Service" so that the material is properly handled and waste diverted. You need to obtain weight tickets from the hauler indicating the type and weight of the material collected. In order to comply with the requirements of the WM P, I will contract with the following hauler(s): Hauler: I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities which receive debris from this project and that I will submit a Post -Project Summary (FORM PW-C) at least 5 business days prior to final inspection. Print Name Signature Date Rev.12/4/2020 Agreement No. 6W-B1 �f® City of El Segundo 11 �mk Public Works Department (310) 524-2300 Date: PW Project Manager: PW Project Name: FORM PW-B1 - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS [This form is to be completed only if you plan to use your own company -owned bins/trucks for disposition of material] This form must be completed and approved or a demolition / building permit will not be issued. In the table below, list estimated weight or cubic yards of debris that will be generated, recycled, reused, salvaged, disposed, and/or transformed by this project. You must include all recyclers, salvage companies, recycle facilities, mixed -use material recovery facilities, landfills, and/or transformation facilties that will be used for the project. List of materials to be generated from the project: ex. wood, metal, concrete, asphalt, drywall, cardboard, mixed C&D debris, etc. TONS Reused/Salvaged/Donated Ex.: Habitat for Humanity, Thirft Stores, regrind onsite, reuse fixtures, reuse dirt/concrete/asphalt Recycled A facility that accepts 100% recyclable materials to be turned into other products. Delivered to Mixed C&D Recycling Facilties that recover some materials for recycling Disposed/Landfilled/Transformed Transfer station, landfill, orSERRF Generated (total of above) CUBIC YARDS Facilities to be Used I or my company elect not to use an authorized hauler because I or my company own containers (bins or roll -off boxes) Initial Here and/or dump vehicles and will not be contracting for debris removal services. I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities Initial Here which receive debris from this project and that I will submit a Post -Project Summary (FORM PW-C) at least 5 business days prior to final inspection. Print Name Signature Date Rev. 12/4/2020 3-A Agreement No. 63142n1w-c City of El Segundo Public Works Department (310)524-2300 Form PW-C - Post Project Summary Project Name: Project Address: Contractor Name: Project Number: Project Manager: Date: This form must be submitted to the Public Works Department at least 5 business days prior to project finalization. Provide facility name, material, and total tonnage disposed and/or diverted. Documentation must be attached (i.e. weight tickets). If an approved mixed waste processing facility was used, a report by the facility for this project is preferred. Return the completed form to the Public Works Department. You may use additional sheets if necessary. If you used one of the City's authorized haulers or facilities, complete this section, then skip to the SIGNATURE section below. I used (List haulers and/or facilities that were used) to meet the recycling requirements. Weight tickets are attached. I. FACILITIES Please list all facilities (i.e. landfill and/or transformation, recycling/reuse/salvage, mixed C&D debris processing, materals recovery) used for this FACILITY NAME TONS DELIVERED TONS DIVERTED TONS DISPOSED DIVERSION RATE 1 2 3 4 Other (reused on site) TOTALS (A) (B) (C) Please enter disposal and diversion totals for each item below, according to letter. Totals reported must match those listed in Section I: TOTAL GENERATED (A) TOTAL DIVERTED(B) TOTAL DISPOSED(C) OVERALL PROJECT DIVERSION RATE Ov00% % (B/A)-100 To the best of my knowledge, the above information is an accurate representation of the disposition of the construction and demolition materials generated on the jobsite. I understand that the City of El Segundo may audit disposal and recycling documentation for this project. Print Name Signature PW OFFICE USE ONLY Diversion Requirement Met: Yes No Exemption: = Yes No Reviewed and Approved by: Date: Rev.12/4/2020 4 Agreement No. 6312 PW-D Project Name: Contractor Name: Project Number: City of El Segundo Public Works Department (310)524-2300 Form PW-D - Exemption Request Project Address: Project Manager: Date: If it is infeasible for you to comply with all of the requirements set forth by the Construction and Demolition Debris Recycling Form and you are requesting an infeasibilty exemption, please use the following space to explain why your project should be considered exempt from recycling requirements. PW OFFICE USE ONLY Exemption Approved: Yes No Reviewed by: Date: Rev.12/4/2020