The URL can be used to link to this page

CONTRACT 6754 Public Works ContractAgreement No. 6754 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND GEM CONSTRUCTION, INC. GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 This CONTRACT is entered into this 19th day of Septernb r, 2023, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and GEM CONSTRUCTION, INC., a California Corporation ("the Contractor"). 1. WORK, A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed a total of One Hundred Ei ht -Three Thousand dollars ($183,000) plus a contingency amount, which may or may not be used, of E tl Thousand dollars ($40,000) 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. 6754 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Thirty (30) 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: 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 -parry 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. 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. Agreement No. 6754 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 Ci City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attention: James Rice jrice@elsegundo.org (310) 524-2316 The Contractor GEM Construction, Inc. 6510 E. Spring Street, Suite 941 Long Beach, CA 90815 Attention: Harry Muradyan harry@gemco.la (562) 270-9331 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. Agreement No. 6754 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. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. Agreement No. 6754 CITY OF EL SEGUNDO Darrell George City Manager ATTE T: ;, Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: Joaqu Vazquez, Assist nt City Attorney GE ONST i'CT:ION, INC. ame: Title: Taxpayer ID No, Contractor State License No.: �` "b Contractor City Business License No.: S Insurance Reviewed by:. i �' "'� AW'01' - 13 Agreement No. 6754 PROPOSAL FOR THE GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Date August 21 2023 Company Name: GEM COnstructioni 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 Agreement No. 6754 EOLAL 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. NONCOLLU ION 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. 6754 BID SCHEDULE GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Company Name: GEM Construction, Inc. Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit Quantity Dollars/Cents Dollars/Cents 1 Mobilization/ Demobilization LS 1 $20,000 $20,000 Demolition — Removal of existing concrete walkway, electrical, mechanical 2 systems, plumbing, doors, millwork, and LS 1 $20,000 $20,000 transaction window. Cutting and removal of masonry. Removal of floor, wall & ceiling finishes as required. 3 Construction of wall masonry LS 1 $5,000 $5,000 4 Construction of 4" thick reinforced SF 100 $40 $4,000 concrete walkway Construction of new non -bearing walls $5,000 $5,000 5 and partitions including any required LS 1 structural steel 6 Installation of new millwork, counters and LS 1 $2,500 $2,500 cabinetry 1 7 Installation of new doors, jambs, and LS 1 $4,000 $4,000 hardware 8 Removal and replacement of existing roll LS 1 $5,000 $5,000 !!p door 9 Installation of new the floors in restrooms LS 1 $6,000 $6,000 (r eplace all existing) 10 Installation of new tile walls in restrooms LS 1 $15,000 $15,000 (replace all existing) Installation of new in -wall plumbing in all $10,000 $10,000 11 locations where fixtures are proposed LS 1 (remove and replace existing as necessa Installation of new underground plumbing $10,000 $10,000 12 in all locations where fixtures are LS 1 proposed (remove and replace existing as necess I-C-3 Agreement No. 6754 Installation of new plumbing fixtures including toilets, sinks, urinals, floor 13 drains, hose bibs, water fountains, LS 1 $40,000 $40,000 accessories, and other restroom components to comply with ADA requirements Removal and replacement of wall $1,500 14 mounted mechanical exhausts including EA 2 $3,000 rilles 15 Installation of new light fixtures, switches LS 1 $5,000 $5,000 and controls 16 Installation of electrical components such LS 1 $4,000 $4,000 as circuits, conduits, and outlets 17 Removal and replacement of existing EA 1 $3,500 $3,500 water heater Finishes — painting, patch/repair ceilings, $10,000 $10,000 18 drywall, stucco, in accordance with the LS 1 Contract Documents. 19 Installation of tactile signage and fire LS 1 $1,000 $1,000 extinguishers 20 Miscellaneous improvements as LS 1 $10,000 $10,000 determined necessary by the engineer TOTAL BID FOR ITEMS 1-20 IN FIGURES = $183, 000 TOTAL BID WRITTEN IN WORDS: One Hundred Eighty Three Thousand (NOTE: THE AWARD TO THE APPARENT LOWEST BIDDER IS BASED ON THE TOTAL OF BASE BID ITEMS 1-20 ONLY. ALTERNATIVE BID ITEMS SHALL NOT BE CONSIDERED AS PART OF THE LOWEST BID.) All work shall be per these specifications and attachments. Prevailing wage rates apply. 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. I-C-4 Agreement No. 6754 ALTERNATIVE BID SCHEDULE GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 TOTAL ALTERNATIVE BID FOR ITEMS 21A IN FIGURES = 320, 0 ......... ___ TOTAL ALTERNATIVE BID WRITTEN IN WORDS: Twenty thousand dollars I-C-5 Agreement No. 6754 BIDDER'S INFORMATION Company Name: GEM Construction, 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 GEM Construction, Inc. Address 6510 E. Spring St. Suite 941 ................................................. Long Beach, CA 90815 Telephone No. (562) 270-9331 Facsimile No. (562) 270-9335 State Contractor's License No. and Class 982458 B, A Original Date Issued 04/03/13 Expiration Date 06/30/24 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 Muradyan - President harry@gemco.la - 562-270-9331 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: N/A All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: N/A I-C-6 Agreement No. 6754 BIDDER'S INFORMATION (CONTINUED) Company Name: GEM Construction, Inc. Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Harry Muradyan Title: President I-C-7 Agreement No. 6754 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this 19th day ofAugust , 20 23 BIDDER GEM Construction, Inc. 6510 E. Spring St. Suite 941 Subscribed and sworn to this jj-� flay of a , 20 . NOTARY PUBLIC I-C-7 Agreement No. 6754 PROPOSAL GUARANTEE BID BOND GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 KNOW ALL MEN BY THESE PRESENTS that, GEM Construction, Inc. , as BIDDER, and The Ohio Casualty Insurance_ Company , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten percent of the total bid amount DOLLARS ($10% of tote bid ), 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 17th day of August , 20 23 BIDDER* GEM Construction, Inc. ; 2158 Pacific Ave Long Beach, CA 90806; P (562) 270-9331 SURETY* The Ohio Casualty Insurance Company, 175 Berkeley Street Boston MA 02116; P: (617) 357-9500 Christine Woolford, Attorney -in -Pact P: (949) 461-7000 Viejo, CA 92691 Subscribed and sworn to this 17th day of August , 20 23 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-8 Agreement No. 6754 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 *0f^ 0i909;a4. :r � k, � "h bs..� ah M3 kph", m a � 1i, � a 'ww0,4 A notary public or ether 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 ... n...... ._.Orang„e..wn...� ..............a, ____ 0n ._....A...U..G..�.17 2023... _�. ......_�" before ;tee, Dote Christine Woolford personally appeared ..... ...... _..._. I J. Smith, Notary Public Here Insert Name and Tille of the Officer Name(s) of Signer(s) 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. Place Notary Seal candler Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I f 44 Signature of iVorcrry Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: __ ��........... Signers) Other Than Named Above: Capacityi(ies) Claimed by Signer(s) Signer's Name: m ....m....... _�_ .� El Corporate Officer — Tltle(s) r El Partner — 1] Limited o General c] Individual 0 Attorney in Fact rl Trustee a Guardian or Conservator 0 Other: .. ............ Signcr is Representing ..... _....__ ". _ Number of Pages: Signer's Name: ._ ..__ � ..._ ..�.. . D Corporate Officer — Title(s): __n..� ........_w .�,.._�. 13 Partner -- 11 Limited 0 General * Individual C Attorney in Fact ci Trustee rj Guardian or Conservator ❑ Other: ,w__................... Signer is Representing: ..w� .,, ,�..... rWWWW :2019 National Notary Association This Power of Attorney limits the acts of those named herein, and they have no authortn o eem a nt N o. 6754 bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8209482-024096 ---� SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alexander R. Holsheimer; Christine Woolford; Danielle Hanson; Emilie Geo e; Irene i.uon : James W, Moilanem P. Austin Neff, Yung T Mullick all of the city of Mission Mission 'Vi& state of CA eachindividuallyif be more than one named, its true and la y' awful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of February , 2023 , N N (D C' co c1 State of PENNSYLVANIA w County of MONTGOMERY Liberty Mutual Insurance Company S. iNSU/ 0,1 Ws&, Wsut The Ohio Casualty Insurance Company w ,G��° , �,20 West American, Insurance Company z � 19121919 1991 By. _ David M Carey, Assistant Secretary On this 23rd day of February , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance cat Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a a) cu o do 6 4; C ca tn o �r E L ai o ca ,H L IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written ° C mmonwealth of Penn5ytwanaa ° NotaAy Snap Teresa Pastella, Wary Public Montgomery County y or, My commission expires March 28, 2025 By. ✓t�.�s��0 .r Comnakwrm numbirr 1126044 r�o� r, � xl r�� ns ,i p of Nouriva Teresa Pastella, Notary PLEWC This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Liberty Mutual ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such allomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE All — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Chio Casuaity insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fill, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 17th day of August , 2023 . Jgwn0 r BZa"R ootodyCa � �^ �Cw ti� +a• a" Raacr �, �' 4�t° sTM� 11919 1991 By: 192 Renee C. Llewellyn, Assistant. Secretary o O O N N M 0 co m U LMS-12873 LMIC OCIC WAIL Multi Co 02121 Agreement No. 6754 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19ei day of March, 2013,1 have hereunto set my hand and caused my official seal to be affixed this 19°i day of March, 2013. Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revolting this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Agreement No. 6754 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 982458 Class No.: B' A 2. The expiration date of BIDDER'S Contractor License is: 06/30 ! 2024 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 2 St , 20 23 , at Long Beach CA (insert City and State where Declaration signed). ....... r , Harry Muradyan Typed Name President Title GEM Construction, Inc. Company Name I-C-9 Agreement No. 6754 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) Los Angeles Harry Muradyan , being first duly sworn, deposes and say that he or she is President of GEM Construction, 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 toctoate a collusive or sham bid. Harry Muradyan Typed Name President Title I-C-10 GEM Construction, Inc.. Name of Bidder/Company Name 08/21 /2023 Date Agreement No. 6754 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 perform, f-tiWWdilk'- 1ti , contract." Signature of Bidder: "110011,, Title: President Business Name: GEM Construction, Inc. Business Address: 6510 E. Spring St. Suite 941 Long Beach, CA 90815 Telephone Number: 562 270-9331 pC............... — ) Dated this 21 St day of „u g u st 20 23 I-C-11 Agreement No. 6754 DESIGNATION OF SUBCONTRACTORS GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Company Name: GEM Constructions Inc. 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.ubcontracted $ Amount (Number and Street) (City, Zip Code) Quality Environmental, Inc (CSLB #) (DIR #) 876494 1000001511 Abatement 1I $20,000 (Make qp is page if additional space)s needed) Signature of Bidder I-C-12 d It - .'s Date Agreement No. 6754 REFERENCES Company Name: 0 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: 'fi' q2lo 423 Name and address of owner Name, current telephone number, and email of person familiar with project Type of Work: n R %() l ( Date completed: —'1 I 2 Contract amount: $ - p Amount of work done by my/our firm under Contract $ 500 000 Did your firm have any financial interest in Project? 0 C) 2. Project Title: c Tz,&, rG Iflo 'hip Location: l� -•QQ.- L f�- lr � l Name and address of owner C$ R)1+64 — 7Y'3 Name, current telephone number, and email of person familiar with project Type of Work: ''-".,. � , c Contract amount: $ Date completed: 3 �2 Amount of work done by my/our firm under Contract $ c' c t Did your firm have any financial interest in Project? I-C-13 Agreement No. 6754 3. Project Title: Location: 'ILC U�SeLv CS v V AO'(O cl,"C'Z Name and address of owner current telephone number, and email of person familiar with project Type of Work: Ile, e, f. ..._....._... . Contract amount: $ It Date completed: Amount of work done by my/our firm under Contract Did your firm have any financial interest in Project? .C� ....... .......... . ...... 4. Project Title: Location: -12 - I A me and address of owner Name, current telephone number, and email of per<on familiar with project Type of Work: YA R W04 L Q (J' jq Contract amount:$ Date completed:,.,, ---2=1 . .. ................ -.- . .......... Amount of work done by my/our firm under Contract $ 1 C L- Did your firm have any financial interest in Project? �.. � r I-C- 14 Agreement No. 6754 Project Title: ku,e, Location: ; W� � ,� �, J .� .,.w Name and address of owner Name, current telephone number, and email of person familiar with project Type of Work: " ..�" '4 A' w q q 'ii a Contract amount: $� n� , Date completed: r t Amount of work done by my/our f nn under Conti -act $ 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: iaj t4 .q eq 0 I-C-15 Agreement No. 6754 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Company Name: " ""C' 0�I - 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 ❑ 1,,A3idder's Signature Name (Please Print) I-C-16 Agreement No. 6754 Company Name: INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 � H (�6,.. , 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 requirera;ent 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 rovide this insurance will render the bidder's proposal "nonresponsive.". Date der''s Signature I-C-17 Agreement No. 6754 END PROPOSAL SECTION I-C-18 Agreement No. 6754 CITY Of ELSEGUNDO August 15, 2023 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT PROJECT NO.: PW 23-10 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time remains Tuesday, August 22, 2023 at 11:00 am. 2. Please see this project's attached Supplement to Addendum 1 for bid -related questions and the responses to them. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this completed Addendum page with the Bid Proposal. Failure t d O'ch,,,acknowledgemcnt shall render the bid as non- responsive and �u Vie° i ir" Signature: Date: " � G�. Print Company Name: M 1 Page 1 of 1 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6754 CITY OF EL SEGUNDO GEORGE BRETT FIELD RESTROOM IMPROVFM .NTS PROTECT PROJECT NO.: PW 23-10 ADDENDUM NO. 1 SUPPLEMENT DATE: August 15, 2023 TO: All Prospective Bidders Clarifying information and answers to bid questions have been provided below. The information in this Addendum has been made available to all prospective bidders and shall be considered as incorporated into the above -referenced project specifications. All other portions of Contract Documents and previous Addenda not specifically mentioned in this Addendum remain in force. BID QUESTIONS AND ANSWERS Question 1: Is there a hazardous materials report? Answer: Report results are still pending. Bidders shall assume abatement is required for bidding purposes. Refer to Alternative Bid Item #21A in the project plans and specifications. Question 2: Are there existing underground trap primer plumbing feeds to be tied into the new drain body or will the floor need to be cut and soft copper placed and patched? Answer: Contractor to verify in field if there are existing plumbing feeds for the existing trap primers. If so, the feeds shall be reconnected into the new trap primers. Work shall be completed per the project plans and specifications. Question 3: Neither toilets were spaced 18" OC from separation wall per ADA. In addition to the floor plumbing revisions necessary, the water feed coming through the wall will require modification. Please confirm there is access to the mechanical chase room behind wall for plumbing modifications. Answer: Proposed toilets shall be installed at the locations shown on the project plans and specifications. There is no mechanical chase room. There is an electrical room, which is labeled on the project plans and specifications. There is no plumbing in this room. Access can be provided during construction. Question 4: Since both these rooms have urinals and toilets, please confirm that no toilet partitions are needed. Answer: No, the contractor is to follow the project plans and specifications, which call out for the construction of single occupancy restrooms. No partitions. Agreement No. 6754 Question 5: The drinking fountain specified appears to have a housing that will require rear access however a urinal is shown behind it. Additionally, it appears that a back panel will be required for the face and additional secure access for the rear. Can all these additional components be identified as well? Answer: Water fountain installation to be coordinated during construction. Construction shall follow the project plans and specifications. Question 6: Detail 8/A1.0 shows HSS header at new framed wall, is it the design intent to have HSS vertical members to attach door jamb to, if so does it need to be welded? Answer: New wall and door installation to be coordinated during construction. Construction shall follow the project plans and specifications. Question 7: Is a title 24 compliance test required? And if so, is contractor responsible for cost? Answer: Functional testing for Title 24 energy compliance is not required for this project. Construction shall follow the project plans and specifications. Question 8: On P-1.0 it shows to install new plumbing fixtures on existing rough plumbing. On Arch A-1.0, Plan View 2, Note 7, it says do not re -use existing pipes. Trench and saw cut existing floor as needed to accommodate new plumbing fixtures. Please confirm that we can re -use existing waste piping. Answer: Refer to the plumbing drawings regarding plumbing scope. Agreement No. 6754 LABOR AND MATERIALS BOND GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Bond No. 024269687 Bond Fee: Premium Listed on Performance Bond GEM Construction. Inc, _ ...... ..... .....- As principal ("PRINCIPAL") and The Ohio Casualty Insurance Company a ..... ..... ........._._. y corporation incorporated under the laws of the State of New Hampshire 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 One Hundred Eighty -Three Thousand dollars ($183,000), 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 GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT, SPECIFICATIONS NO. PW 23-10 ("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 23-10, 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 23-10), 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. 6754 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 23-10, 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] Agreement No. 6754 SIGNED AND SEALED this 26th day of September , 20 23 PRINCIPAL'S PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: GEM Construction, Inc. 6510 E. Spring St. Suite 941 Long Beach, CA 90815 S S Chri:*tine Woolford, Attorney -in -Fact 's SECRETARY SURETY's MAILING ADDRESS: The Ohio Casualty Insurance Company 175 Berkeley Street - ------------------------------------ Boston, MA 02116 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. Agreement No. 6754 WIG7�11 ry rya mry �-S si, rvti -7,1 a ry i M1;, #;, r,�p !�'-M ry i Mew •_ r ry v M Z 757MMIN77MMIll UP w. reement No. 6754 CALIFORNIA ALL-PURPOSE 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 Orange On J 2 s 2023 fore me, Thao Nguyen Luu Notary Public, _.__...... ............- -- ........ Date Insert Name of Notary exactly as it appears on the official seal personally appeared Christine Woolford ...... . m............................................. Narne(s) of Signer(s) IT THAO Notary Public California u "° ' Orange County Commission # 2453804 My Comm. Expires Jul 18, 2027 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 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not re guired by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document ate: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing;. Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: This Power of Attorney limits the acts of those named herein, and they have no author deem ent No. 6754 bind the Company except in the manner and to the extent herein stated. Libefty. Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8209482-024096 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the Laws of the Slate of Massachusetts„ and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, ......... .............. Alexander R, t otsheinler, t;hristinc Wcrotfcrd, 11natalle Hanson, Emilie t.�caor e" Irene Luom,g, James W, Nloflanen,. ta. Austin Nef`T„ Yung T Mullick ...�._._-_................ _.. ..... .. ...... all of the city of Mission VGc�_ - - state of ('A each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute„ seal, acknowledge and deliver, for and onits behalf as surety and as its act and deed, any and all undertakings, bounds, recognizarices and other surety oblligatiions, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of February , 2023 , State of PENNSYLVANIA County of MONTGOMERY Liberty Mutual Insurance Company 5NSU I,( INS'& %Nsu,?, The Ohio Casualty Insurance Company r O �+ c cr y West American Insurance Company 1912x1919 1991 d��c,arb OVAe David M. Carey, Assistant Secretary all On this 23rd day of February , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0o Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O � N O f13 CO O._ E :. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. . ry "� Commonwealth of Penns Ivania - Note Sear ",kV Hrraa'a y Notary Teresa Pastella, Notary Public Montgomery County vyt My commissior, expires March 28, 2025 B 5d Commission number 1126044 y i r ho Y�: �✓, r Member, Pennsylvania Aame mdlnn 0 Wanes This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS: Section 12, Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of September, 2023. I su Ili live, a r llo 0 0 cy 1912 0 � 1919 � � 199i 0 By: d"4cwu ray�pr� 7ReuleeC LteweNyn,Assistant Secretary �`' �r�' O N N cM W 0 ru U LMS-12873 LMIC OCIC WAIC Multi Cc 02/21 Agreement No. 6754 No. 5133-4 STATE OF CALUORNIA DEPARTMENT OF' INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles oflncorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 19* day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 19fh day of March, 2013. Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoldng this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. BOND PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRftf(A%MRtrNo. 6754 FAITHFUL PERFORMANCE BOND GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Bond No. 024269687 Bond Fee: $4,575.00 GEM Construction Inc. ("PRINCIPAL") and The OhiowCasualty Insurance Company , a corporation incorporated under the laws of the State ol" ....New... Ramps ttewwwwwwwwwwwwwwww 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 One Hundred Eight Three Thousand dollars ($183,000), 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 23-10, 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 23-10, 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 23-10) 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. 6754 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 23-10 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] Agreement No. 6754 SIGNED AND SEALED this 26th day of __, September , 2023 PRINCIPAL'S PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: SUP TY sKESILMN!'I' Christine Wooiford, Attorney -in -Fact SURETY's SECRETARY SURETY's MAILING ADDRESS: GEM Construction, Inc. The Ohio Casualty Insurance Company 6510 E. Spring St. Suitew941175 BerkeleV Street Long Beach, CA 90815 Boston, MA 02116 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. Agreement No. 6754 DENC LqON Clark of tl ouro»- of , State of California, in and for said Coury , 56 HEREBY CERTIFY THAT nft a certificate of authority as an ads,Red surety issued by the Cal` la t Ineuianoe Commissioner authorizing the insurer to transact surety insurance in the SOle of California, and that baser) on the records shown in the Department of I ce i , that authority fias not been surrendered, revoked, canceled, aflnuned, or Suspended. In i 0 has - and aftixed the seal of sold Cwq on lF, I hava u t COUNTY CLERK T. TRA�! Br Deputy CauM Olenc reement No. 6754 CALIFORNIA ALL-PURPOSE 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 Orange ......................................................................................................................................................................................................................................... On SEP 2 6 2023 before me, _ Thao Nguyen Luu Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Christine Woolford Name(s) of Signer(s) 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 T AO NGUYEN LUU person(s), or the entity upon behalf of which the person(s) Notary Public • Callforn a acted, executed the instrument. Oramije County Commissijon # 24 380jri'j 1 certify under PENALTY OF PERJURY under the laws of my Comm, Expires Jul 18' the State of California that the foregoing h is true g g paragraph rag p and correct. Witness my hand and official seal. Signature __I IA&a' Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the firm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):, ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ... ... ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: - r� Liberty mutuil. SURETY This Power of Attorney limits the acts of those named herein, and they have no authAci ori deem ent No. 6754 bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8209482-024096 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Alexander R„ Holsheimer; Christine Woolford; Danielle Hanson;. Emilie George; Irene Luon ; James W Moilanen; P, Austin Neff: Yun T. Mullick ..1jTTJ ,e,_ it on Vit jai state of CA each individually if there be more than one ..............-in--_ .. .... ...... all of the city of Mast a named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of February , 2023 . Liberty Mutual Insurance Company 1 tatr�„ t,4 INS& � v4su? The Ohio Casualty Insurance Company �or�a,c urp�ary��or cep°'Jc West American Insurance Company z) 3,� ana# a vn 19120 9 1991 s ,y AMID y: B r n 3 r ¢ H , tR` Cott tti? David M, Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY = On this 23rd day of February , 2023 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. O IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written commonwealth of Pennsylvania - Notary S", Teresa Pastella Notary Public Montgomery County ka My commission expires March 28, 2025 By: ig � +1.wd r,;-s�� Commission number 19261744 Ahpstatia Notary Pubic M�CrorddeFP°Na��OYVuprv�m a�M1vrpa�pM;wary Gt tWeakl§f&m+L , This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Liberty Mutual ARTICLE IV— OFFICERS: Section 12. Power of Attorney, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a fuli, true and correct u:py of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of September, 2023. 1912 1919 1991 a By, ReneeC, Ltewe@ 7 7"+ 0 V_ CV [V M 0 cm M U (D a) a) LMS-12873 LMIC OCIC WAIC Multi Co 02J21 Agreement No. 6754 No. 5133-4 STATE OF CALIFORNIA SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to itsArticles oflncorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTE'ICATE 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 190 day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 19" day of March, 2013. Dave Jones Insurance Commissioner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failure to do so will be a violation oflnsurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Agreement No. 6754 CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR GI ORGE BRETT FIELD REST'ROOM IMPROVEMENTS PROJECT NO.: PW 23-10 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 https://www.elsegundo. org/government/departments/city-clerk/bid-rfp MANDATORY PRE -BID MEETING TUESDAY, AUGUST 8, 20239 AT 10:00 AM CITY HALL COURTYARD (SEE NEXT PAGE FOR LOCATION MAP) 350 MAIN STREET EL SEGUNDO, CA 90245 BIDS DUE TUESDAY, AUGUST 22, 2023 AT 11:00 AM Agreement No. 6754 MANDATORY PRE -BID MEETING LOCATION: Agreement No. 6754 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, AUGUST 22, 2023 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. 6754 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II-B-25 thru II-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 project will not be accepted as complete until the contractor obtains a final sign -off from the Department of Planning and Building Safety. 4 Agreement No. 6754 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 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 PAGE I-A-1 TO A-3 I-B-1 TO B-8 I-B-1 I-B-1 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-5 I-C-7 I-C-8 I-C-9 I-C-10 I-C-11 I-C-12 I-C-13 I-C-16 I-C-17 I-D-1 TO D-5 I-E-1 TO E-3 F. MATERIAL AND LABOR BOND I-F-1 TO F-3 SECTION II — GENERAL REQUIREMENTS A. GENERAL SPECIFICATIONS 1. REGISTRATION OF CONTRACTORS 2. INSURANCE AND CITY BUSINESS LICENSE 3. EMERGENCY INFORMATION 4. FURNISHING OF WATER 5. CALIFORNIA — OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 6. SOUND CONTROL 7. AIR POLLUTION CONTROL 8. WORKER UNIFORMS B. GENERAL PROVISIONS Agreement No. 6754 PAGE II-A-1 TO A-2 II-A-1 II-A-1 II-A-1 II-A-1 II-A-1 II-A-2 II-A-2 II-A-2 II-B-1 TO B-34 0-1 STANDARD SPECIFICATIONS 0-2 NUMBERING OF SECTIONS 0-3 MODIFICATIONS 1-2 DEFINITIONS 1-2.1 ADDITIONAL DEFINITIONS 1-3 ABBREVIATIONS 2-0 SCOPE AND CONTROL OF WORK 2-1.1 ACCESS TO PROJECT SITE 2-1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS 2-3 SUBCONTRACTS 2-3.1 GENERAL 2-3.2 ADDITIONAL RESPONSIBILITY 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-5.1 GENERAL 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS 2-8 RIGHT-OF-WAY 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES 2-9 SURVEYING 2-9.3 SURVEY SERVICE 2-9.3.1 CONSTRUCTION SURVEYING 2-9.3.2 MEASUREMENT AND PAYMENT 3-3.2.2 BASIS FOR ESTABLISHING COSTS 3-3.2.3 MARK UP ii II-13-3 II-B-3 II-B-4 II-B-4 II-B-5 II-B-5 II-B-5 II-B-6 II-B-6 II-B-6 II-B-6 II-B-6 II-B-6 II-B-7 II-B-7 II-B-7 Agreement No. 6754 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 4-1.6 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 ii PAGE II-B-12 II-B-12 II-B-12 II-B-13 II-B-13 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-17 II-B-17 II-B-17 II-B-17 II-B-18 II-B-18 II-B-18 II-B-18 II-B-19 Agreement No. 6754 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 6-11.1 IAB 626 CLAIMS PROCESS 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 1V PAGE II-B-20 II-B-20 II-B-20 II-B-21 II-B-21 II-B-22 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-35 Agreement No. 6754 SECTION III — SPECIAL PROVISIONS SECTION IV —TECHNICAL SPECIFICATIONS APPENDICES APPENDIX A: PLANS APPENDIX B: CITY CONSTRUCTION AND DEMOLITION DEBRIS WASTE MANAGEMENT PLAN (WMP) FORM Agreement No. 6754 NOTICE INVITING SEALED BIDS FOR THE IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 23-10 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, AUGUST 22, 2023 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: "George Brett Field Restroom Improvements Project", on file with the City's Public Works Department. The work will take place within the George Brett Field Restrooms at 401 Sheldon Street in El Segundo CA, 90245. Work on the Project must be performed in strict conformity with Specifications No. PW 23- 10: George Brett Field Restroom Improvements Project as adopted by the El Segundo City Council on June 20, 2023 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 htt is://w-\vw.else-undo.oi-,J 4 ovei,ninent/da 7artinc mts/cif -clerk/bldz! th A pre -bid meeting is scheduled for Tuesday, August 8, 2023, at 10:00 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, August 11, 2023 to litt s://www,elscgutido.oi �,/ overnt,neiit/de ai-tinents/ t,ibllc-works/regtje t- )ublic-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. 6754 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. 6754 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 23-10 GEORGE BRETT FIELD RESTROOM IMPROVEMENTS 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" 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 20t' day of June, 2023. CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I-A-3 Agreement No. 6754 BIDDING INSTRUCTIONS 1. 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 I-B-1 Agreement No. 6754 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: htt)s://wwNv.elsc undo.org/ ovei-iiiiieilt/de �ai-tnie ts/ Llb]ic. works/re L1est- ublic-works-bid Responses to all questions will be provided in writing to all Bidders in I-B-2 Agreement No. 6754 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, August 11, 2023 Questions Answered by 4:00 pm Tuesday, August 15, 2023 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. 6754 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. 6754 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 23-10 GEORGE BRETT FIELD RESTROOM IMPROVEMENTS IN THE CITY OF EL SEGUNDO. DO 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. 6754 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. 1O Agreement No. 6754 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 Agreement No. 6754 14.7 14.8 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. 6754 PROPOSAL FOR THE GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 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. 6754 EO AL 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. 6754 BID SCHEDULE GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Company Name: Unit Price Item Total Item Description Estimated (in figures) (in figures) No. Unit Ouantitv Dollars/Cents Dollars/Cents 1 Mobilization/ Demobilization LS 1 Demolition — Removal of existing concrete walkway, electrical, mechanical 2 systems, plumbing, doors, millwork, and LS 1 transaction window. Cutting and removal of masonry. Removal of floor, wall & ceiling finishes as required. 3 Construction of wall masonry LS 1 4 Construction of 4" thick reinforced SF 100 concrete walkway Construction of new non -bearing walls 5 and partitions including any required LS 1 structural steel 6 Installation of new millwork, counters and LS 1 cabinetry 7 Installation of new doors, jambs, and LS 1 hardware ............................ __ .... 8 Removal and replacement of existing roll LS 1 up door 9 Installation of new tile floors in restrooms LS 1 (replace all existing) 10 Installation of new tile walls in restrooms LS 1 (replace all existing) Installation of new in -wall plumbing in all 11 locations where fixtures are proposed LS 1 (remove and replace existing as necessary) Installation of new underground plumbing 12 in all locations where fixtures are LS 1 proposed (remove and replace existing as necessa ) I-C-3 Agreement No. 6754 ... .. . _ __..... Installation of new plumbing fixtures ......._ _. including toilets, sinks, urinals, floor 13 drains, hose bibs, water fountains, LS 1 accessories, and other restroom components to comply with ADA requirements Removal and replacement of wall 14 mounted mechanical exhausts including EA 2 grilles _. 15 Installation of new light fixtures, switches LS I and controls 16 Installation of electrical components such LS I as circuits, conduits, and outlets 17 Removal and replacement of existing EA I water heater Finishes — painting, patch/repair ceilings, 18 drywall, stucco, in accordance with the LS 1 Contract Documents. 19 Installation of tactile signage and fire LS I extinguishers 20 Miscellaneous improvements as LS 1 $10,000 $10,000 determined necessary by the engineer TOTAL BID FOR ITEMS 1-20 IN FIGURES = TOTAL BID WRITTEN IN WORDS: (NOTE: THE AWARD TO THE APPARENT LOWEST BIDDER IS BASED ON THE TOTAL OF BASE BID ITEMS 1-20 ONLY. ALTERNATIVE BID ITEMS SHALL NOT BE CONSIDERED AS PART OF THE LOWEST BID.) All work shall be per these specifications and attachments. Prevailing wage rates apply. 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. I-C-4 Agreement No. 6754 ALTERNATIVE BID SCHEDULE GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 TOTAL ALTERNATIVE BID WRITTEN IN WORDS: I-C-5 Agreement No. 6754 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. 6754 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. 6754 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-7 Agreement No. 6754 PROPOSAL GUARANTEE BID BOND GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 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 120 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-8 Agreement No. 6754 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: f►31� 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-9 Agreement No. 6754 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 I-C-10 Name of Bidder/Company Name Date Agreement No. 6754 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: Dated this day of .20 I-C-11 Agreement No. 6754 DESIGNATION OF SUBCONTRACTORS GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Company Name: 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 I Address Registration No. Subcontracted $ 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-12 Agreement No. 6754 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, current telephone number, and email 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, current telephone number, and email 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-13 Agreement No. 6754 Project Title: Location: Name and address of owner Name, current telephone number, and email 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, current telephone number, and email 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. 6754 5. Project Title: Location: Name and address of owner Name, current telephone number, and email 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-15 Agreement No. 6754 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 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-16 Agreement No. 6754 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 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 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 0106 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." Date I-C-17 Bidder's Signature Agreement No. 6754 END PROPOSAL SECTION I-C-18 Agreement No. 6754 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 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. I-D-1 Agreement No. 6754 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Thirty (30) 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 i. 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. 5. 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. 6754 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 Ci The Contractor James Rice Associate Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524-2316 'rice(iF;elselLindo.or g 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. 6754 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. 6754 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Darrell George City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney LI-M Joaquin Vazquez, Assistant City Attorney Insurance Reviewed by: I-D-5 Taxpayer ID No. Contractor State License No.: Contractor City Business License No.: Agreement No. 6754 FAITHFUL PERFORMANCE BOND GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-10 Bond No. Bond Fee: ("PRINCIPAL") 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 23-10, 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 23-10, 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 23-10) 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 I-E-1 Agreement No. 6754 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 23-10 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. 6754 SIGNED AND SEALED this day PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's PRESIDENT SURETY'S SECRETARY 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 of the job. I-E-3 Agreement No. 6754 LABOR AND MATERIALS BOND GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT NO.: PW 23-1 0 Bond No. Bond Fee: ("PRINCIPAL") and corporation as principal 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 GEORGE BRETT FIELD RESTROOM IMPROVEMENTS PROJECT, SPECIFICATIONS NO. PW 23-10 ("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 23-10, 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 23-10), 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. I-F-1 Agreement No. 6754 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 23-10, 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. 6754 SIGNED AND SEALED this flay of , 20 PRINCIPAL's PRESIDENT SURETY's PRESIDENT PRINCIPAL'S SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: 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 of the job. I-F-3 Agreement No. 6754 SECTION 11- 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. 6754 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. 6754 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. 6754 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 II-B-2 Agreement No. 6754 SECTION 2 — SCOPE AND CONTROL OF WORK 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 II-B-3 Agreement No. 6754 or necessity. 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. II-B-4 Agreement No. 6754 2-5 PLANS AND SPECIFICATIONS Subsection 2-5.1 of the Greenbook is replaced by the following subsection. 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. 5. 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 II-B-5 Agreement No. 6754 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 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. II-B-6 Agreement No. 6754 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 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. II-B-7 Agreement No. 6754 (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 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 CONTRAC"fDR 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 CHANCED 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 Material differing from what is represented in the Contract which the Contractor II-B-8 Agreement No. 6754 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. 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: 1. 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. 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 MENTS 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 II-B-9 Agreement No. 6754 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 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 EQUALS 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. 6754 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. 6754 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 CONTRACTSCHEDULE 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. 6754 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. 6754 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 CONT ACTOR'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. 6754 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. 6754 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. 6754 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. 6754 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; IROCEDURE 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. 1 Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject 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. 6754 6-11.2 FORM A Claim must include the following: 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. 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). 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 Il-B-19 Agreement No. 6754 documentation demonstrating the Contractor's entitlement to such an adjustment. 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 PRERE UISIT'E 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. 6754 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 become 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. 6754 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 party 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 parry's attorney's fees and court costs. 6-11.10 APPEAL TO SUPERIOR COURT; WAIVER OF JURY TRIAI. 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. 6754 (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 Il-B-23 Agreement No. 6754 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 0185 or 88 CA 00 0101 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. 6754 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. 6754 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 A:VII. 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. 6754 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 iND 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. 6754 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. 6754 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 E 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. 6754 (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. 6754 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 BARR1CA DES 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 (1). 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. 6754 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. 6754 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 PAYMENT'S 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. 6754 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. 6754 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. 6754 SECTION III — SPECIAL PROVISIONS 1-0. GENERAL SCOI�L I"1:u�1L l"Old CC1Ml'l.,F"l"101� AND LOCATION" OlM WORD:: 1-1. General Scope of World: The work to be done consists of furnishing all supervision, materials, labor, equipment, tools and incidentals as required in the specifications and contract documents for the following project: "George Brett Field Restroom Improvements Project". 1-2. Location of the Work: The project will occur at the George Brett Field Restrooms in Recreation Park, 401 Sheldon Street, El Segundo, CA 90245 1-3. Working Days and Time for Completion: 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 Thirty (30) 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 1. Start of work, shutdown of work, or resumption of work after shutdown OFFICE James Rice, Project Manager Lifan Xu, City Engineer Elias Sassoon, Director of Public Works TELEPHONE 310-524-2316 310-524-2368 310-524-2356 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: 1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 III-A-1 Agreement No. 6754 2. City of El Segundo — Water Division 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 2-1. NO PARKING NOTIFICATIONS 310-524-2742 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. 2-2. 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. 3-0. MOBILIZATION Mobilization shall conform to the provisions of Section 7-3.4 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. 4. Installing and removing of all temporary facilities required for operations. III-A-2 Agreement No. 6754 5. Posting all OSHA rcquircd noticcs. 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. Restoration, to existing standard conditions or better, of public property damaged during construction 11. NPDES permit compliance 12. Bringing unforeseen field conditions to City staff s attention in a timely manner 13. Furnishing temporary sewer services to maintain sewer service to consumers at all times. 14. Removal and disposal of any existing unused materials from the project sites. 15. 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. 6754 4-0. CONSTRUCTION & DEMOLITION MATERIALS RECYCLING R EOU 1REM ENTS 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. 6754 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. L, 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-5 Agreement No. 6754 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. lIq )s://www.elsegiiiido.oi-m/'yoverciriietit/de )atltiietItS/ ublic:-,,works/tr li-rec curio 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. 1. 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.. III-A-6 Agreement No. 6754 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 e. 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. 5. 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 C. 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 e. 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: Nett s:/d wv .else a do.o¢° / o nerm��e t/der�a� a�� r�WIN bIic -work s/t-re cli C, Become familiar with the conditions for acceptance of new construction, excavation and demolition materials at recycling facilities, prior to delivering materials. III-A-7 Agreement No. 6754 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 project job -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: 1. 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 htt )://www.lad w.or. /e d/lacojii,a . 2. California Materials Exchange (CaIMAX) 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.calrec cle�.ca, oy/Ca[MAX. 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.habitaLorg/restgug's. 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-A-8 Agreement No. 6754 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. 3. The Contractor shall coordinate all inspections and final sign -offs for permits and the project with Public Works Department staff. 6-0. EXAMINATION OF JOB SITE AND MEASUREMEN"I" VERY1CATION 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). III-A-9 Agreement No. 6754 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 IMPROVEMENTS 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/orprivate improvements, adjacent 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 UIPMEN'T 1. No material or equipment shall be stored in public right-of-ways 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. 11-0. PUBLIC WORKS ENCROACHMENT PERMITS III-A-10 Agreement No. 6754 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. 14-0. WARRANTY III-A-11 Agreement No. 6754 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. 6754 SECTION IV — TECHNICAL SPECIFICATIONS All work shall conform to the Standard Specifications for Public Works Construction (SSPWC)(2021 Edition), the Project Plans and these Special Provisions, BID ITEM NO. 1— MOBILIZATION/DEMOBILIZATION Mobilization shall conform to the provisions of Section 7-3.4 "Mobilization" of the SSPWC and these Special Provisions. The scope of the work shall include the obtaining of all bonds, insurance, and permits; moving onto the site of all project work areas and equipment; and the furnishing of other construction facilities; all as required for the proper performance and completion of the Work. Mobilization shall include but not be limited to the following principal items: 1. Project notification to residents and/or businesses. 2. The movement of personnel, equipment, supplies and incidentals to the project site. 3. Furnishing, installing, and maintaining all storage yards or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. 4. Obtaining and paying for all required permits. 5. Posting all OSHA required notices and establishment of safety programs. 6. Have the Contractor's superintendent at the job site full time. 7. Submittal of required construction schedule as specified. 8. Implement BMP to prevent soil leaving the site and entering to the street or other areas. Protect all catch basin openings during construction. 9. Facilitate and coordinate with City's street weekly sweeping and trash pickups during construction. The Contractor shall be responsible for preparing and distributing the general information notification letter to all affected residents and businesses. Notification shall be distributed at least ONE WEEK in advance of the start of work. Prior to distribution, the notification letter shall be reviewed and approved by the City. No work on any street may start without proper notification of the residents and businesses. Contractor shall strictly adhere to this requirement or at the discretion of the Engineer. Construction work may be suspended if the notification requirement is not met. In addition, prior to any driveway closures or paving operation, the Contractor shall provide another written notification to affected businesses and residents 48 hours in advance of such work. MEASUREMEN,r & PAYMENT Payment forBID ITEM NO. I — MOBILIZATION/DEMOBILIZATION shall be at the contract lump sum (LS) price and shall include full compensation for all labor, materials, tools, equipment, and incidentals necessary to complete the work including, but not limited to mobilization (including various subcontractors for multiple mobilizations as necessary). Agreement No. 6754 Payment on this lump sum bid item shall be made with each progress payment in direct proportion to the amount of the total contract amount earned to date. BID ITEM NO. 2 — DEMOLITION IN ACCORDANCE WITH THE CONTRACT PLANS AND SPECIFICATIONS MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. The unit price shall include full compensation for the removal and proper and legal disposal of existing concrete walkways, electrical, mechanical systems, plumbing, doors, millwork, and transaction window. Cutting and removal of masonry. Removal of floor, wall & ceiling finishes as required. BID ITEM NO.3 — CONSTRUCTION OF WALL MASONRY MEASUREMENT" & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 4 — CONSTRUCTION OF 4" THICK REINFORCED CONCRETE WALKWAY MEASUREMENT & PAYMENT Measurement for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, and shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals. BID ITEM NO. 5 — CONSTRUCTION OF NEW NON -BEARING WALLS AND PARTITIONS INCLUDING ANY REQUIRE D STRUCTURAL STEEL MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 6 — INSTALLATION OF NEW MILLWORK COUNTERS AND CABINETRY MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, Agreement No. 6754 tools, matcrials, and incidentals needed to perform this work. BID ITEM NO.7 — INSTALLATION OF NEW DOORS ,IAMBS AND HARDWARE MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 8 — REMOVAL AND REPLACEMENT OF EXISTING ROLL UP DOOR MEASUREMIETtiI- a PAY E` J' Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 9 — INSTALLATION OF NEW TILE FLOORS IN RESTROOMS REPLACE ALL EXISTING MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 10 — INSTALLATION OF NEW TILE WALLS IN RESTROOMS (REPLACE ALL EXISTING MEA"SU EMEN"T" : PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 11— INSTALLATION OF NEW IN -WALL PLUMBING IN ALL LOCATIONS WHERE FIXTURES ARE PROPOSED REMOVE AND REPLACE EXISTING AS NECESSARY) MEASUREMENT& PAYM.1m N'F Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 12 — INSTALLATION OF NEW UNDERGROUND PLUMBING IN ALL LOCATIONS WHERE FIXTURES ARE PROPOSED REMOVE AND REPLACE EXISTING AS NECESSARY Agreement No. 6754 MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 13 — INSTALLATION OF NEW PLUMBING FIXTURES INCLUDING TOILETS SINKS URINA: Sj FLOOR DRAINS, HOSE BIBS WATER FOUNTAINS ACCESSORIES AND OTHER RESTROOM COMPONENTS TO COMPLY WITH ADA REOUMEMENT'S MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 14 — REMOVAL AND REPLACEMENT OF WALL MOUNTED MECHANICAL EXHAUSTS INCLUDING GRILLES MEASUREMENT & PAYMENT Measurement for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, and shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals. BID ITEM NO. 15 — INSTALLATION OF NEW LIGHT" FIXTURES SWITCHES AND CONTROLS MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 16 — INSTALLATION OF ELECTRICAL COMPONENTS SUCH AS CIRCUITS, CONDUITS AND OIDTLETS MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 17 — REMOVAL AND REPLACEMENT OF EXISTING WATER HEATER MEASUREMENT & PAYMENT Agreement No. 6754 Measurenent for payment for this item shall be billed for on a units -completed basis at the contract unit price per unit named in the Bid Schedule, and shall constitute full compensation for furnishing all labor, equipment, tools, materials and incidentals. BID ITEM NO. 18 - FINISHES - PAINTING PATCH/REPAIR CEILINGS DRYffALL2 STUCCO IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. MEASQREMEI T & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 19 - INSTALLATION OF TACTILE SIGNAGE AND FIRE EXTINGUISHERS MEASUREMENT& PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis at the unit price for the item and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals needed to perform this work. BID ITEM NO. 20 - MISCELLANEOUS IMPROVEMENTS AS DETERMINED NECESSARY BY THE ENGINEER MEASUREMENT & PAYMENT Placeholder only for miscellaneous improvements in the project area on time and materials basis. Payment for MISCELLANEOUS IMPROVEMENTS AS DETERMINED NECESSARY BY THE ENGINEER shall be discussed and agreed upon by the Contractor and the Engineer at time of construction. The Contractor to submit equipment and labor rate sheet before construction begins. The following alterative bid item is only applicable if the City determines that they are necessary: ALTERNATIVE BID ITEM NO.21A -ABATEMENT OF POSSIBLE HAZARDOUS WASTE MATERIAL SUCH AS ASBESTOS PER CAL/OSH AND A MD REQUIREMENTS MEASUREMENT & PAYMENT Measurement for payment of this item shall be billed on a percentage -completed basis and shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals per the Contract Documents. This item should include full compensation for abatement of hazardous materials (lead and/or asbestos) per the Contract Documents. Agreement No. 6754 Plans St7Z06 VD OaNnDIS l3 'llIKS N _ OLJJ�Z n fl z 7w::R,� �P . . . . .................1 J�a�Ir� 'a u.i.... ..,.. _ _I.,,., m. .. . ... ... ..... _ _�'._ . . r r� Q mm�. ?.... �.. �� ............. l M. �. �:.. _..... ___.... i Z d k {4 !4, R Z.. __ .... w k w > CL M _h _.. .... ........ �. LU w U to Y' Z u , �° Y 7MM Jmia 'ti4¢ � LL O CIE O o LU i> U u cn u w 4 �... J LJJ LL k ' I i �; 5 i s r: M sU aa a G ii ;i{E r is 3351 { sae GR M Udiss'xxk ffi.i '44. 5 ,'� `_s_srs� ...?:.':.'*'...., ,, ,:.'�: 0000r,sr,�_ma .'�F�P i^o,�u„'. �,; ..M':.;x.�'�»>9.,., R,s .:. �.,.w:; ... •,. a •. ,..sax::e�� IT S O ma�� k4 vA�a, H' r; ��;w�'�,.,� : �m'd.. .._ G �� _tx 6.9'� S .Y e Y'Pdd ss < w y .'�. ., 44 `�are. ax<xsvi,yt 7n9'. ,.. uv.. .,� SH06 VD 'OONnD]S l3 '133N1S NOal3HS LOb ?J38Wf1N JIJ3H� NVId W .... _........... Teement IQ"., {. } v ca 1iP .. G u {, ...�. ..,, .._. �............ � ...�..� s� 1 ___.......... ... ,. .,.. .. .L... �.,.,..,. _._.__ __ ....'...:...,... ...... .._ a r r:k $t M 5 o IN Him P [ i,t G ,v .s ' .'. a �! M t< Hip x a aYr s r Hi H ,� G x MH A �.! xz '.F 2 ° �r A5 5 i €! :"� 31 ''„ ° E,'`H L S t d f s W x € A �. Y b 1 _ � U k f � ax E � '� : 5g M n fey ' fi 5 s ti ri r5 'K r # Y G.t fihE Ysj r { r ' S ; ul G9 ° M1 r t k 1 4 2 $ : P P & d .p f d 1Y J 'f f J d r aI. E N m + �': n e °Gf _ 3. ri u G u a € € € ,r A �, �' r'n m € ex 4r r + v� n�� .r •€ 1€� 4# s`+'ve xa C, S.r u.. a€ x i € s a � z ! t r c t � �x 2 m r p; 0z tid .�'?3 r.3 ..., ,.. .., _...� �'' ,.<k ,.. n. "� 'Sf� 7..•..'. _5 ,. ,5,,,:.; �� mum �'. .'.r _.r .,: „s'i 3 a. u, AS �.. .. .:vx� .�, .. �� s.. ,., q L + .p. " 5 r ai rad t r ax t s5. e c b' n.. 5' M. ! l ✓7i .+ F H r€ fix` 1 i 8G :E 3 is i w. G f rG t n f 2 a `x6 �, e V '� N15,z + 7 Y 'fin L ¢rca '` 3'A a, v ��'• -r ; sot s# 1 A i i �, dia A_xAA yF 2 Pa f'up th €^a u fP �C P {. i w r 4 1 x`T yY wt a' i a� a rw � x ,W ,k kiN $ 5 Lp; r-r d �' `� i }€ d €t i RL f s vK u t -tw,� �" ! � rr 1 uk ; w rE y as € "` -a p 'E N'' E - r�A M ; t a f s� r m A o f wr i txfw > r' ° +!, r �k (+GS .t .!. ,r; r g 3 ,E ' rc 'i d L +.: GI'� .! ? ,;, d ;Bi 4'i :^ 17, s �a de ° l.: '+ k .r� 5p r„ 3 Cj qq �, 2 ,ir 'ski n �k + L ac x s' tr sv F s6r i P+ T rs fb ° _x € 4 va k r a d1AH,� A r 5 it G3 r a rx ., r' �E gg aC t i�.stl a ' 4- r.. .d„ G ax .,� ... ............. imp dA jut " Ns r 3 x� € � ;h a x'•"t x p'IX 'x°" # -, t ',. c n F Y rj p c 3 +� ° 2 E jug R f a Js Y HUB! �r r v a' f @j o v-xr' G 5 sE Is a HIS Ia v € Ert 0,8 rr MIN 2 f 5. OUR! M ,, + ,E a „i F a p#El y,. P a xa x„ a r az "r ra ': -r5 e x"M t G''Ifi GW": q inn n ! r a h C Yi " ; k 5'r 7 KH s� Fr a E' a• "; "� a rs A a,Gsrn€ go ��:r dY�d f s fG f ! ��... yd P. PTH7xw i $ eY�a Mt:} € v ": 5 %A az 'Ed z P_� A e6 a Up, fir. rr h P a : s wr a n+ i t a [. ry S SE .�. 'i fvp n R �G W r r r /aMIN's r h. 6E e} x E n. �: A .e .c c+n 1rar N uJ r a a c *.a u..Y a is A a` s 4v k y t r: M' i r xyf ,t c� x, a, pp } u is G.E H 1H H .,, ,x =:, Y i4 r .i€.. p...+,,. _� Yd !nR .+.. a:tsG; "b:,,..''S ". kP,.nn'ra i`, _ F.. Ev a'"a: C � .,,,, x „G3 da,s �f! ?02' 7; N + inn,L .._..... .�... a � :y .! ' ° � s': ` � fi fS x � 5 � � �' °• r 5 a'a � G �Pn a'� R� mz 1 re f€ st a v n iA ,a''i w M ' NOW ' ,� r 5 r ah5 � � s Eg .. a? "Mt a��,. t �, ,E e 'b 33 : a px+b %.,; ! r'B m r a S Xs pi i A S b i r i � '? u.i t'_f€ uE-:a`r 1d'.�.; x '� ��,�:, Gx L � H.1 1 Rum M ON t f � w r j LA ul r s- F 7 P i i" Huy "" a E s 5 q t�, E ; � 5 y i 91 U. 8 r' n s E t a H rp t + �- r„o- M {s v H c p� I� p � t 1 E 'Y� F 5"'° a 9 a t:a �.,' i W a k 1 d . a Fv p 5" v' '+ :+, r' t L xla 3 ,+ Fi h s a+ Y t r ' :i - x rl". r a ea v i r ~r .+ Y ID H b a. fi, C' rnfj a pn a ° x"11 a� E,e m s �' + € s e e' ' 1 "' o a �:� L :: daa HE jH1 1 N-! r a �.v h t ''S�� rr -s j 7 :r F '2 H a k. ' .� x: 9 , D „5 S„ ad 5 -!2 4Gfi ° u N MSs '„ 5" $ s _ p r a a t c€ A' i Ra r s t x `E rr s s s v - t x5 ,+ Y i A i5' My �k E S u �, � '� �t ,GG �:�i. � nd' `M rG Eq C' 3 doh ��! � Eyry � Pry' ur9 a.tH! k w sV 3 M i i L j �' i Y f "'�f y ii ..m. A. .:„ € it in ul ` ti � z r ,r�£ � ": '�? � ,., � .. ��Mx ,_ .r',. �� S w .., . a .. `� �� 3 _.f ,,.r . €I 'I ., M c ax r' 1 i i w 6 � 't 9 x r lug d a 8 rC.S a °NU i x,G S al 5d1 rr } sgMx s u Hu ill �, &fie s 'ia E 1 c G a s H an f Jaya p d r da E A g' ed A x rY f �: i iz S C N IJ Fr PH e + R i '? C w' ?� i� a 3%:E I'x �� 3 t yF :� � s '.` d .9'� r t�� F s e fib s� "�� 7��'4 § 4i r i� +; out h' S, Y ,� ar,, y'�" k 3 3 5 rc wA p y� '�K �, t '` Y Ge z i e CI U'F 'y� t� u& t g"<;„� a y s iFa. .. £ +w GPM '� r.x x 3 ~; �, y y 5 s .zt y s`a z rc uy t rr,i rvzr + r ?,r i 3 "t �'� 'E vi e:N n@ H� [ i n �` tx, �Y tl ✓t p 3Y F n M p s ..,r Y rs$.E " rz y:a can! MIS r� ', J -E v" t C' fi ~E : h d k a,,: 3 in!"N fu 1 Y10110 S,+,E�r,.}'' uA G v, .`sF a a Gk p,€z�� ra�,3. ...11MI '� � ,w rA.. .seA:- x�. I.s ;� ��+ h ,,� .At}�v�'� � �,;i p. �;:� 1_� Fri r 1 .'d a,r €': r.M a�,� .,�v w a.ay stz06VD'0®Nf1D3S13'1331KSNU rem(YnMPx054V1d N Z O P Q ghn #: NG } : I,� # t 00 o4 � P L �' ^� sth N Vi d t #) # 3 `, u q lift 'x .x" r a pg ��r IM g' a a� t Hr '� a a e s c tY % 9 y i z— i3 via v 9 a � 3 "�, 3 ,� a + �� ^ P { y r n k F J �i� 0 hW5 .fir u s�# yn ! #i f# s ar. w it r ,� add ,# s a s a Na" H1 t h 1 7,. i a� 5 n r K �� t S xHfu E n 9# r FA ~3,_ .a -� v {M n nh h r �a s ". c t £ 1WIi 6 �,, tH "H HL a'o' " } ra 4 g� #z r sr VG i;i sy' ; gy a nt . ��K s : # n t # #; 5 � _ �. s a a a N � �F �S $ 5,� k � �' r +' x y +� i~i, { k k r��: a �{ �� Ill kx a HI H .� +m, k? I �� e g� a r y ! � .e: ha I Y y .i 1 �^, .. �r�t# y a ,„ G i .7r a 0 9 ' t � 1 a✓r V s V kR p p� 'a m# u r P k. B w s. d J r ��, s ,> �'�` F+ ry �' `�� y, o x k s� n rk 1.7 &a .r n s r e # s, a r { l j aH r'a yr �{ �i 3 e a t H! # a s H! a, l a u# T m+ HUIH TZ lull a ,d as Sr a.. .s s T fp �'#J Y r a s p 4 ry qr a x H ¢ f+ a s o � � � .r e � ^ ,yv U!J $, a �i` swu s G# # 0 loll Mw IN Hr rs ek � � "ud e �� s• t ? vau .� t ' � sy �s s�'' &� jts i � (..3s #�� # � #� 3j � g z iP,' t 'yy k i E S$ a p## 01 Po d " � "'@� <� # t l$ 'fib �� #, �i TCC „i y � L,� 4 # ? �xy a I. # * c �s# x x Ulu vh p k�e ,P c U i a 1 4 n � s fi° �, �� U� to 8 #` a ¢ #, ,: t 1 � H s s lip uw # f# rr� U �� dF. furu z � � - 1 ° ; � � 4xs m y b rr a i z re 9 r,vi # c� � � t � #Polo �� a %.�� in My � � �� ✓ zx P a m m a I# d a w# �. � s� � nP hgro � it .. ka�� ## xsq �� pa �6�� i HU Pxsw#' P 'fix, � I m ae�'c8# s :��#y Ar aw e r �, # h a iay&aRPo�.r xw ;a w #�# 9�' 3'6 "iPoHp .e4# ti#as '�#s s# d g #� r d, r;''.uy y. mA d mM d�v as � �� "�a� r r 11 0 1 ...on ��.0'Hui a.� St,Z06 VD'OGNnms ii '111NIS N IIHS LOV A38WAN)IDIHD NV]d .......... rA 0 4 � Ann (I � 6�—N ) -AKIN oil fvh lit Vill! pill P fill' oil pill Mull HO WHIM PH m"; HIP I IN S17Z06 VD 'oaNnDis 13 '-mdis .......... ............. . . . Uj —U!1 V4 ...1Z11toie mlg C7A 19l1 sL1 .... ..Z' R - JIM civil 0 I At Tl� ANrr 1 nil H qu fit " 1 1 If 1 "AAHhAl Hf 4m1" lip o AIM Ill 11 Ulm I 1 "Is OF 1:11 PIN pa,t jgj I lint foul on 0 Alm 1 wIP-1-1 SbZ06 VJ 'OUNnDD 513 'AIKS NOC7l3HS Wtb }Pow 1N AD3HD NVId G' gag a i� �s W g, 4 .1, w St7Z06 VJ OQNnD]S l3 '133?11S„N Vld Y ° Zr o C' o Q 1 .k'F Y p Y 47 lt.,.,IT" 4 NiJ E ._ �7 7 ..... .. ............... .�_. _ , , ...... .. ,.. ..... .. ,. .... , .. r o- - z s (i - J�z a Cz w w y; LL UJ 0 w, pp ni d�1 M o � y ✓ W .. .-I . . .......... . 111 e, . r��. k z, uc! ri p n.. r _. s Q � m _ { a , w m( Q Pl Z F K N ry „ W O yy E W M U ;: vv,:A SI,Z06 VD 'OCINnD]S 13 '131NIS NO(IIIHS LOV ?nownN ------ - ---- LU 1• 1 11 NMI WIN Ell I Ill I Ll 1 oll"! I G 11 11 z c 26 I . . . ...... . , .. . ........ .. ..... ... V: 7 fry % SbZ06 VJ "OQNADIS l3 '1332l1S N 11- " Ib71 .... IMd z Z% 5 n WAN 1 - c t. ury i, a T N4 -H . ...... ��....... ...` —__ r +a 0 x 031 G-r HUI.. RL All .u„. t ea pi ll law a 6" a ED 121. r INIppN - g UO M ma s J t I17, i Ai LD CD �r IN H sg Gv, E" ... .. 5i7Z06 V,) `O(]NnD]S ll 'll]NIS NO(IIIHS SOB Al2VgnN 31D]H') NV1d E R w wcall 09 e r o sf U ry Er oTWO 401M 26 O YVmilk E p i , it p .......... :.. e:'..,, w C r1 No MI � 2 MI }a} NOR M Mh IN: 1# r� � �� N n r &fir lac '$` errs 12 Mx p e u1 11 �E� �a �� e �� bra � j� �i�. '� t is ! a��,s� ��, h ill! r u � HAs� 15 s lost..5 G� c j v fi y &U Pic ,- a �x h u yw i "€ a ° ry I 5� 1 R y _ any a i M a il, 919��` 40 ��'hs� ' %� � � F�� '� I. � � g a�� ,� i � s� � � �, �� ` � I � s ng BE c sgk y oil !I OR P ,� � Yj� L Fe y.. ��r ��M# 0 �H y s J L Mfg u : A r; W t Dom is � s.r s�� 4 �� Y r 65 I9 � �x €4C�P^,f"-''®.��4v�4u��kn�r�`�1�,��1a ts & �<ai� � xuz � �asau� ��..;;�a,.,,.�e�a } LL w II.... r St7Z06 VD '0(]Nn93S 13 '131NIS N Md ...................... 0 �uz C:) rP 0 ZC. <0 - Z�o 0 LU Min Zu d08 L 0 :Z) H, F- U) tn. CD 52U q ss> j 11 , , p, 1 4 a Pi P i? G! 4 R 1,4 t! 1 '�j P !N +Ti Z_ .. . ..... ........ ................�..p.. ......2......- onP.ieS l�a ;4iq! ...................... U) B I A < C) 3 N 6 RDW g L !;-i%e S 8i z L) §� � fi i V �.J , p p A. RIZ o13; iv, a_ 5� U) E 1,54 H _J A-x t & g v HO 3fig 5 "1 9 fi; ; v �� 9 E64 � ��! _ r, as r" - < 15 � kF C) 22 Elm i IA .,5 *g �i g i -b , I , , , 'I , " X6 af N: M i� 4 N jig S'n I]l IN I 1% is All SE a x, I C) P, 1- NO ��; Ml; et 5"'i LLJ P g, Pi Pm. NR- p, 41 LL] R'l i° t, ill, A Ili .1 .1 i. I ei IN Mgi �ij ul'i !3� 1 `0 HP M M': I 5i 1 5" 1 i . . 4 . ill �",. " 1 1 f I" . 11 AU z,RMR5 I'M I Ri V 9 la f"42i IN 1.1. 1; 3 fi� 51M 5,11, "M Ili HM HF. ......... . ........... . .... . . ................................. .............. 0 sm i�: 1V -, 0. 2 U) 'E! ag ti ra Ld w 'gig J 0 z V) V) HN z a„ I— ;' " �'. 3. p F- �'Q Y,V, 1 491 2. 3 m < < 3ae .'w 313 a 1, 1 11 -! m 5i Pig < u) :2 Z c w aka' 51 Ing 194 1:4 2 h Ld t IS; z 4 R LLI 71=1 i 2 d, CD F, < < LCL!), s _J A R. 0 F- Paso 45i �IJV -09 _59 M 4" pi 56 UE - �; I N 3 1., a, LLJ r Ld �H. -5 M9 LLJ - PE inq Mp LLJ a 'MI 4 1 1 i i MH 1 :X$m V 4 R 3 . .. . ............................. ............... . .... ............. az C . .......... .................... . < C) uJ e _g C) Ckf x g C) 4 Ld CD CD ............... _J ------------------ I L3 LLJ 44f, M,! Ie I-. I 9t7Z06 VD'O(]NnD]S 13 '133MIS NCA9MW(WVMQ-N%7b44Vld . . ................ ... 0 CD CV Y z u 0 CT Lu z St7Z06 VD'O(]Nno3s i3'13INIS N Vp V1 z C:) Zo- D.Oi Z Lj z 00 �7 m LU LU 10. . . . ... ..... ,01 z ri 1. lj-tt . . ................ .. . . ............ . . ........ .. ....... . ON uY i HN —R z �N% FE ;;i;; g;at AH 15 2 ;a a-1 N ia 8 P H., �F PN 8- I t M . Z'- a. w 3: 0 'W1 w N cn sg A LI) 2 IWO jh ig jilq$ F- 91 algUt �v 7i 0 qq m S K.g w v P88 4 L) ta 4 W log yg®I I Hjl� gN 211O1 z ivy ggg !,p Mt, - 25 912, Z 0 0 Eno :i- lo Mw 1 , N 1 z di 12 §,.i W o Psa N 6 -j via ;14 5 W 51 2 PHell4. v . -.. �jfi H I H. -.M 9 M MM 110 DHE] EIE] Ell][:] El E111110FIDOODE] . ...... ......... F J, Is................. PF fr V Wix ......... . .... . . ..... St7Z06 HJ 'OONnDgs i AIKS NO€ \gPeG 'dl U g ZOw rm G p W C14 `;i t•1 wow ZU n Y. { S '-> �a MN 5 b E Y a r ESit _� ,. �... �..._.. ... i� ukZ z W O rr A t; C. �I PF e4N 1 CRIIpp ��,� FASIJ e G � 3 Vi A vNZi C7 7ne€€ IiIE sF I!�sa t4 ... H > G� � € pp A p AF •f � {� ' S,�V eP�GE ll��p��9�e,,. � 1 �� la 4 f9l 1 A S a p f- �! m a � I S T • t wd € u �Ce £ i er"QN-6754 Id 0 �F Zo u yx gg .tf$g� R st y- S_ aiCa lit r i��.a1 jli J ac"'ili � Y'V �$if Raf aaE��'n N e$P3 a `t 4 . go- . . . ...... . . ............................ . . ...... . . . ................ E6o6 . . Fo a a @ y 7s dt i € 3a a°y%C#3� G 3 ;6�aS 135aEE � � x�y€ I � II qq ¢ S SS ¢ Ix 56 t � sT „„€� • �� agF� a � e 4 AA4'€ 4= av'i3 �a 6ia a�$IY �.eiviq:,u „ 3 8 n{•fl s yh�, p € F Fa t56€c$`R Ysill N tlF rc'I S9g �AEZ is r kq ;p rx PE��k�{;• ¢ €' s� �� 9 � t c� �➢ _ uv �s V a a�u sE � € i �a €§:�'' �•Sasa _ a o° ' kb6'a VuA^:t sore€€.Ps . ....... ............ �.........:. ... ___. ... __.......,.,.,.,.,... .... ...:....... „ ...,....,..,.._..wwww �C r ` a a " I d 6 v£a I � { �" Y � "Id a € le p 3 d ah fll V�h„� F? 1 i gz �m. St,Z06 `d'J 'OaNnD3S 13 '133KS N ent*t 61.>6j- 9E V1d u ux ofz I fg V'iW V U�w ZV .F a w 1�" 'q W �bf �g a� � W � w� V ❑ J • �p r� 56s o------------ r F 4 a $ V � �3 9 r P €YNV i g r 4 r tl.ro��9. qpi u g g [1a Rig: r e r$ e iINa ase W I"spill, 4,�.� x n x. � 4 Y3.tl e`'1 g€ 1 p� 0. 1 p a r. W 3 �k W W' W a p A � egg! Q 11 n�T1 u 0 ��m 3�e - � u '� u L n w � p �'� e r W€ m se r p , B , p s a G 9 s l in " 1 1 ..� 11 C mpg M g Wp eg 04 HI gi�rw � grm. � Ili f a C g " 2' i gig!�°e •�€ 3' = r Wcp i� r 1KMti r,x prrW a r r' 1q� Yfgpa ea Q p Ka gip » g° r e We �` l 6 C "' , � '� A ��,y�g Mffi p ,�dr a ,11 wS�Y�, a^ a9 p" g"� ° 88rg32€s a5i 0 s a € I g k tp � ��9spc �� ea . Yu � rs$rgr �� Cw11s�1e 1 . i�9z9a �"��sfull ��W1�11�r;��W��`�. . FIT 0&'%&x' m ode r�x ya am s°_ . rgs s5 L p h8d Y 1 1 9e t P 9e € 4 d Y t0 ag € �� b �€ @r 111 e.� r t Y s e' 6: � imp ij e r �E�er �. €e�• o r e •�1 Y��'g Hill g av fee ar `� °� a "s� €� �a�, fir° �� 3�°� � �� s x e e E _ IN � ��°�S � ; � � � gs € 3 �• g- tee. _gsa Z s i 7A gg5 % 4� - .pia r, � C 6 � s s Six @§-fir a P p; ^ L @@ gg e� 5¢ g E Zi �• So a ypC� ' y�`Ne g Sb4 1 e $.3 . :E : E tl 3s a g F 41 1 'i 1 g 1 g�• H i 3 Ye 4 P 1 S 01 9 � � -, 3 'e *° }, �' "�� gsa85 1m , �'-g�aq�e e eg 3� 3' g•�€ 3��y 1. H �G��S ' U l Sc � R a° a g r r @ � 4 €." 'E'3sg g � °��eE, " , rg PH IN • � �p �#: a` a ,� a. P C, � 3rir„.e ��e@ -� °� °e,� a• '� ' � F ��'S�-�5 si �° � 4 ae z � ¢ sty at a �_ �` .� • r 1r iy �n ��s1 a� a �' �• o i is �e �` �'s � � ��ta��'•ea� ��i�a3 r� �a 11 8 0 0 1 11 ��! ��9s � I N s �•� r �e �i5 8 �t� °ar p g r : r s� a rg d :_ rr ar �� ON $e �e ar �_ �� ` � �� se� g °a ae a '€�� ? p�,°-g"g tt Ys1 �° @■ �' �� $i $� @�"s �� 88�r�` s d' ,: $ a aal se - tr r p€ a ae ga s rYE yag :€ S r q° ,g a n gye e3� _.�§ eg Ya gg ;Ary;a ai g' a ag e3e� � 8 .. NMI F € s €� �-s— s k �0111a1 mown a 1 a 1re�3 's % � R 11 INN 1 FEmp r � � �' 9 � �i ��wi� � 1`�• g g•� p r � 8 � � � � � e9� r�� , 8 1 1 2 r � Y•� °&Irg �e: W � d @ � g W�p�• � � m e° k YY �tl INN s P � r E °o 2 �.� $ ; r r r :e ° . app gW! �� a,RadarygR � q e��sSpps�dj aar a ggW rs pp e5 3@ s� , na ^C 0� � P 6 � V 4 W •p • 1'4 g � > S � � � A� Wi N �� d� ? 5% m Y 9 � � �e ��W � E_c g . �'1 �d r a F5 ��r g W 3 @ s%¢ppi gy pg 3°'Moll ��`r' e INIPWNp w iIN pg€Se l�a�, d� �@�� rWm Hill gqqg es� '�f Ya @u yyr.ges? epig�° g� O � ¢�r q g a r� a 3y �tl z. -� pryae11014,111, 3333333.L . y. .� .., .'kSA M Y ri �� r9�� g. " %� W ',, Y & @ 9 g € .� e13� � �% �tl �� '� �� 3i; all v�`.�& g� 9"2§ p sA�� g, f, 1 rk �, i" :ee_nYl • •rn ��5�a a &l. Agreement No. 6754 SbZ06 VD'oaNnDis i3 '-mN I S Nnn HS snb N:mwnN -)au-)Nv-Ia SVZ06 VD'O(]NnE)3S 11 '113&LS NGkQPeOMent6J*.>6iT5*Vld ............... .... ..... ZOM QQ Z2 . . ..... ... . I-IM u F ----------------------- --- . . ......... liul A 1 I RM I I Agreement No. 6754 W06 VJ 'OONf1D3S 13 '-MNIS NOO HS S0b NJavq 1N AD]HJ NVI d d.�a� _ L. uz c � ry o Y ❑ d LU z ` .pp.. ..�.....y �. ._......,. �z H Res 9 e Fa SwF gaS fa 5 lid a 9� �8 � 'v 5��$ ex gee i� eki� �� Fd a ill °a t F� @�a a a " l F F yy k µ a p y F i Ali d" lid ¢ _ yipp. ie x°" A d F V€ Y� ryryY m ,I i pd�x.gwg c� ■i �R9 M� b�Po 4 6� @ Y� PeiP e,0 a 9 A I �g Sys"s a � a gg Gib 9`� �� fill �. ��w � �5.row� m9 €1 € O 0 00 000 0 0 ® O©® © 'R„r O p® 11, 5 IL z d z z a 3� Z g Agreement No. 6754 City Construction and demolition Debris Waste Management Plan (WMP) Form Agreement No. 6754 PW INSTRUCTIONS City of El Segundo Public Works Department (310) 524-2300 Construction and Demolition Debris Waste Management Plan (INMP) 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. Ste 1 Com lete 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. O txon 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). tgon : If you will be handling all waste management activities (through direct hauling or use of own bins), complete Form PW-131. 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-131. Ste 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. Ste : Com lete 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. 6754 FORM PW-A City of El Segundo Public Works Department <rxsr a c (310) 524-2300 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 for all municipal pro°ects subject to icompliance, or OLOJects on public proUrty. Project Name: Project Address / Location: Contractor Name: Mailing Address: City / State / Zip: Ofc Phone No.: Cell No: Project Type: Mark appropriate box in each column with an "X": Email: Road (construction, overlay, repair) El Facility Improvement (renovation, alteration, or addition) E FORMS PROVIDED BY EL SEGUNDO COMMUNITY DEVELOPMENT DEPT Land Clearing (trail, grading, etc.) E] Other Estimated Project Start Date: Estimated Project End Date: Request for Exemption: F7 (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 ONLY - E] Approved Further Explanation Needed Reviewed By Denied Exempt Due to Infeasibility Date Rev.12/4/2020 2 Agreement No. 6754 FORM PW-B ° µ City of El Segundo Date: Public Works Department PW Project Manager: r; 4 af:k r (310) 524-2300 PW Project Name: This form st be com filet; d arr roved or dernodc 1 ! building er It will n2t tog i2sued,. Instead of completing a detailed accounting of the types and quantities of C&D debris that will be generated from this project (FORM PW-B1), 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: l�l;�s//�,cls�� rrnd,�r�•/a�ver°brmedr�de�am�m�er�lsroublic�•thrr�r��l'I�asi�r�°rc�cycii 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 WMP, 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 da s pLior to final inspection, Print Name Signature bate Rev. 12/4/2020 Agreement No. 6754 FROM PW-Bl City of El Segundo Date: �� Po Public Works Department PW Project Manager: raar,: w, (310) 524-2300 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) Tl1 "s ora n st bg completed_ #_nd agipyed or a demol/ i n lbuilding ermr"t will not be toed. 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, aoaid, metal„ concrete, as hall, ya4vall, cardboard, mixed C&D debris, etc. TONS CUBIC YARDS Facilities to be Used 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) 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 busiae5s. da ri r lo tinat ip§ pgction, Print Name Signature Date Rev.12/4/2020 3-A Agreement No. 6754 Form PW-C City of El Segundo Public Works Department P (310) 524-2300 s s Project Name: Form PW-C - Post Project Summa Project Address: Contractor Name: Project Manager: Project Number: 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. used to meet the recycling requirements. Weight tickets are attached. (List haulers and/or facilities that were used) 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 1 um � VI ou tNOMMMMEPlease enter disposal and diversion totals for eacl, "ttem below, according to letter. Totals repgxied must ntatol, those listed in Section I: TOTAL GENERATED_ �(A) TOTAL DIVERTED (B) TOTAL DISPOSED (C) OVERALL PROJECT DIVERSION RATE" 0.00% (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 PWOFFICE USE ONLY Diversion Requirement Met: = Yes No Exemption: = Yes No Reviewed and Approved by: Date: Rev. 12/4/2020 Agreement No. 6754 Form PW-D -a-w City of El Segundo i Public Works Department ^'^yam- (310) 524-2300 Project Name: Contractor Name: Project Number: 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 Agreement No. 6754 ACTION BY WRITTEN CONSENT OF THE SOLE INCORPORATOR OF GEM Construction, Inc., a California Corporation, April 29, 2016 The undersigned, acting as the sole incorporator of GEM Construction, Inc., a California corporation (the "Corporation'), hereby approves and adopts the following resolutions by this written consent without a meeting (this "Written Consent") pursuant to Section 210 of the California General Corporation Law, which shall be effective upon the commencement of the corporation's existence: RESOLVED, that each person named below is hereby elected to serve as a director of the Corporation until the first annual meeting of shareholders or until such time as his or her successor is duly elected and qualified: Harry Muradyan RESOLVED FURTHER, that the officers of the Corporation, as elected by the Corporations Board of Directors, are authorized and directed to insert a copy of this Written Consent in the minute book of the Corporation. RESOLVED FURTHER, that the undersigned, the sole incorporator of the Corporation, hereby resigns as the incorporator of the Corporation, effective upon the commencement of the corporations existence. IN WITNESS WHEREOF, the undea�* executes this Written Consent as of the date set forth above. By: Cheyenne Moseley, Assistant Secretary LegalZoom.com, Inc., Sole Incorporator Agreement No. 6754 ACTION BY UNANIMOUS WRITTEN CONSENT IN LIEU OF ORGANIZATIONAL MEETING BY THE BOARD OF DIRECTORS OF GEM Construction, Inc., a California Corporation The undersigned, constituting all of the members of the board of directors (the "Board") of GEM Construction, Inc., a California corporation (the Corporation), in lieu of holding a meeting of the Board, hereby consent to the taking of the actions set forth herein, and the approval and adoption of the following resolutions by this unanimous written consent ("Written Consent") pursuant to Section 307 of the California General Corporation Law: Articles of Incor oration RESOLVED, that the Articles of Incorporation of the Corporation filed with the California Secretary of State hereby are adopted, ratified and affirmed in all respects. RESOLVED FURTHER, that the Secretary of the Corporation is authorized and directed to insert a certified copy of the Articles of Incorporation in the Corporation's minute book. RESOLVED, that the bylaws presented to the Board and attached hereto are adopted as the bylaws of the Corporation ("Bylaws") to (i) regulate the conduct of the Corporations business and affairs, and (ii) amend, restate, and supersede the Corporation's prior existing bylaws, if any, in their entirety. RESOLVED FURTHER, that the Secretary of the Corporation is hereby authorized and directed to execute a certificate of the adoption of the Bylaws, to insert the Bylaws as so certified and as may be amended from time to time, in the minute book of the Corporation and to see that a copy, similarly certified, is kept at the principal executive office for the transaction of business of the Corporation, as required by law. Agreement No. 6754 Stock Issuance RESOLVED, that the officers of the Corporation are hereby authorized to issue and sell shares of common stock of the Corporation, $0.001 par value (the "Shares'), which the Board hereby determines to be the fair market value of the Corporations common stock as of the date hereof, to each person named below (the "Shareholder'), in the amounts specified opposite each name in exchange for cash or contributed property as follows: Name of Shareholder Number of Shires Total Purchase Price Harry Muradyan 10,000 $10,000.00 RESOLVED FURTHER, that the Board hereby determines that the consideration to be received for the above -mentioned Shares is adequate for the Corporation's purposes, and that the sale and issuance of the Shares to each of the above -named persons shall be conditioned upon receipt by the Corporation of the purchase price of said Shares and final copies of all appropriate documentation required by Corporation. RESOLVED FURTHER, that upon the issuance and sale in accordance with the foregoing resolutions, such Shares shall be validly issued, fully paid and non -assessable shares of common stock of the Corporation. RESOLVED FURTHER, that the officers of the Corporation are hereby authorized and directed, for and on behalf of the Corporation, (i) to take all actions necessary to comply with applicable laws with respect to the sale and issuance of the Shares, (ii) to thereafter execute and deliver on behalf of the Corporation, pursuant to the authorization above, share certificates representing the Shares set forth above, and (iii) to take any such other action as they may deem necessary or appropriate to carry out the issuance of the Shares and intent of these resolutions. Election of Officers RESOLVED, that the following individuals are hereby elected to serve in the offices of the Corporation set forth opposite their names until their successors are duly elected and qualified, or their earlier death, resignation or removal: President: Harry Muradyan Chief Financial Officer: Harry Muradyan Secretary: Harry Muradyan Agreement No. 6754 Corporate records and Minute Book. RESOLVED, that the officers of the Corporation are hereby authorized and directed to procure all corporate books, books of account and stock books that may be required by the laws of California or of any foreign jurisdiction in which the Corporation may do business or which may be necessary or appropriate in connection with the business of the Corporation. RESOLVED FURTHER, that the officers of the Corporation are authorized and directed to maintain a minute book containing the, Articles of Tncnrrnratinn, as filed with and certified by the office of the California Secretary of State and as may be amended from time to time, its Bylaws and any amendments thereto, and the minutes of any and all meetings and actions of the Board, Board committees and the Corporation's shareholders, together with such other documents, including this Written Consent, as the Corporation, the Board or the Corporation's shareholders shall from time to time direct and to ensure that an up to date copy is also kept at the principal executive office of the Corporation (as designated below). Share Certificates RESOLVED, that the form of share certificate attached hereto has been presented to the Board for review and is hereby approved and adopted as the form share certificate of the Corporation and the Secretary of the Corporation is directed to insert such form share certificate in the minute book of the Corporation. Ratification of AgItligim bv Incor, ora or RESOLVED, that the Action by Written Consent of the Sole Incorporator dated April 29, 2016 and all actions taken by the Corporation's sole incorporator, LegalZoom.com, Inc. and its agents, in connection with the formation of the Corporation are hereby in all respects approved, ratified and affirmed for and on behalf of the Corporation. Aual. Accounting period RESOLVED, that until otherwise determined by the Board the fiscal year of the Corporation shall -end do December 31. Agreement No. 6754 l'rinci ai Executive Office RESOLVED, that the principal executive office of the Corporation shall initially be located at 6565 E. Rosebay St., Long Beach, California 90808. Bank Accounts, RESOLVED, that the officers of the Corporation are hereby authorized and directed to establish, maintain and close one or more accounts in the name of the Corporation for the funds of the Corporation with any federally insured bank or similar depository; to cause to be deposited, from time to time, in such accounts, such funds of the Corporation as such officer deems necessary or advisable, and to designate, change or revoke the designation, from time to time, of the officer or officers or agent or agents of the Corporation authorized to make such deposits and to sign or countersign checks, drafts or other orders for the payment of money issued in the name of the Corporation against any funds deposited in any of such accounts; and to make such rules and regulations with respect to such accounts as such officers may deem necessary or advisable, and to complete, execute and deliver any documents as banks and similar financial institutions customarily require to establish any such account and to exercise the authority granted by this resolution including, but not limited to, customary signature card forms and form banking resolutions. RESOLVED FURTHER, that all form resolutions required by any such depository, if any, are adopted in such form used by such depository by this Board, and that the Secretary is authorized to certify such resolutions as having been adopted by the Board and directed to insert a copy of any such form resolutions in the minute book of the Corporation. RESOLVED FURTHER, that any such depository to which a certified copy of these resolutions has been delivered by the Secretary of the Corporation is entitled to rely upon such resolutions for all purposes until it shall have received written notice of the revocation or amendment of these resolutions, as adopted by the Board. ualificati n to do Business RESOLVED, that the officers of the Corporation are hereby authorized and directed for and on behalf of the Corporation to take such action as they may deem necessary or advisable to effect the qualification -of the -Corporation -to do business as a foreign corporation in each state that the officers may determine to be necessary or appropriate, or to withdraw from or terminate the Corporation's qualification to do business in any such state. Agreement No. 6754 RESOLVED FURTHER, that any resolutions which in connection with the foregoing shall be certified by the Secretary of the Corporation as having been adopted by the Board pursuant to this Written Consent shall be deemed adopted pursuant to this Written Consent with the same force and effect as if presented to the Board and adopted thereby on the date of this Written Consent, and shall be included in the minute book of the Corporation. lea meat of Ex anew RESOLVED, that the officers of the Corporation are hereby authorized and directed to pay all expenses of the incorporation and organization of the Corporation, including reimbursing any person for such person's verifiable expenses therefor. A ent for Service of l�'roces in C,aliforxria RESOLVED, that LegalZoom.com Inc. shall be appointed the Corporations agent for service of process in California. Suldial2ter S Election. RESOLVED, that the Corporation shall elect to be treated as a "small business corporation' for income tax purposes under Subchapter S of Chapter 1 of the Internal Revenue Code of 1986,and under the parallel provisions of the laws of the state of California and that the officers of the Corporation are hereby authorized and directed to complete and file or cause to be filed an Election by a Small Business Corporation with the Internal Revenue Service pursuant to Section 1362(a) of the Internal Revenue Code and obtain the written consent of each shareholder of the Corporation, and any person having a community property interest in the Corporation's stock, to such Subchapter S election and file such consent at the same time as the Election by a Small Business Corporation, or within an extended period of time as may be granted by the Internal Revenue Service. Authorization of Further Actions RESOLVED, that the officers of the Corporation are, and each of them hereby is, authorized, empowered and -directed, for and on" behalf of the Corpo ation to -execute all documents and to take all further actions they may deem necessary, appropriate or advisable to effect the purposes of each of the foregoing resolutions. Agreement No. 6754 RESOLVED, that any and all actions taken by any officer of the Corporation in connection with the matters contemplated by the foregoing resolutions are hereby approved, ratified and confirmed in all respects as fully as if such actions had been presented to the Board for approval prior to such actions being taken. IN WITNESS WHEREOF, each of the undersigned, being all the directors of the Corporation, has executed this Written Consent as of the date set forth below. Date: April 29, 2016 Directors: Harry Muradyan Agreement No. 6754 EXHIBIT A BYLAWS OF GEM Coin Lr uc lion, hic. Agreement No. 6754 BYLAWS OF GEM Construction, Inc., a California Corporation ARTICLE I Shareholders Section 1.1. Annual Meetings. An annual meeting of shareholders of GEM Construction, Inc. (the "Corporation') shall be held on a date and at a time and place, either within or without the state of California, as determined by resolution of the Corporations Board of Directors. Section 1.2. Special Meetings. Special meetings of the shareholders may be called at any time by the Board of Directors, the Chairperson of the Board of Directors, or the holders of shares entitled to cast not less than ten percent of the votes at the meeting. Special meetings will be held on a date and at a time and place, either within or without the state of California, as may be stated in the notice of the meeting. Section 1.3. Notice of Meetings. a) General; Delivery. Written notice of each annual or special shareholder meeting shall be delivered to each shareholder entitled to vote at the meeting at least 10 (or, if sent by third-class mail, 30) but no more than 60 days before the date of the meeting. All written notices and reports of any such meeting shall be delivered either personally, by first-class mail (unless the Corporation has 500 or more shareholders determined as provided by the California Corporations Code on the record date for the meeting, in which case notice may be sent by third- class mail), by electronic transmission by the corporation (including email) pursuant to Section 20 of the California Corporations Code, or by other means of written communication to each shareholder at the address of such shareholder that appears on the Corporations books or that was provided by such shareholder to the Corporation for the purpose of notice. Except as otherwise prescribed by the Board of Directors in particular instances or as otherwise provided by Section 601(c) of the California Corporations Code, the Secretary shall prepare and deliver, or cause to be prepared and delivered, the notice of meetings -of shareholders. - b) Notice Content. Each notice shall state the following: (i) the place, date and time of the meeting, and (ii) in the case of a special meeting, the general nature of the business to be transacted, and that no other business may be transacted, or in the case Agreement No. 6754 of an annual meeting, those matters which the Board of Directors, at the time of the delivery of the notice, intends to present for action by the shareholders; provided, however that, any proper matter may be presented for action at an annual meeting subject to provisions of Section 601(f) of the California Corporations Code that require certain matters be stated in the notice in order to be presented at a meeting. The notice of any meeting during which directors are to be elected including, but not limited to, any annual meeting notice, shall include a list of the names of the nominees intended, at the time of the mailing of the notice, to be presented by the Board of Directors for, election. Section 1.4. Adjournments. Except as otherwise provided in this Section 1.1, when a shareholders meeting is adjourned to another time or place, notice need not be given of such adjourned meeting if the date, time and place are announced at the meeting at which the adjournment is taken. If the adjournment is for more than 45 days or, if after the adjournment a new record date is fixed for the adjourned meeting, a notice of the adjourned meeting shall be given to each shareholder of record entitled to vote at the meeting. The Corporation may transact any business at the adjourned meeting which might have been transacted at the original meeting. Section 1.5. Validating Meeting of Shareholders; Waiver of Notice. The transactions of any meeting of shareholders, however called and noticed and wherever held, are as valid as though such transaction had taken place at a meeting duly held after regular call and notice if (a) a quorum is present either in person or by proxy and (b) if, either before or after the meeting, each of the persons entitled to vote but not present in person or by proxy signs a written waiver of notice or a consent to the holding of the meeting or an approval of the minutes thereof. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. A persor's attendance at a meeting shall constitute a waiver of notice of and presence at such meeting except when the person objects, at the beginning of the meeting, to the transaction of any business because the meeting is not lawfully called or convened and except that attendance at a meeting is not a waiver of any right to object to the consideration of matters that the law requires to be included in the notice of the meeting but was not so included if such objection is expressly made at the meeting. Except as required by Section 601(f) of the California Corporations Code, neither the business to be transacted at nor the purpose of any regular or special meeting of shareholders need be specified in any written waiver of notice, consent to the holding of the meeting or approval of the minutes thereof. Section 1.6. Quorum. A majority of the shares entitled to vote, represented -in person or by proxy, shall constitute a quorum at a meeting of the shareholders, except as otherwise provided by the Articles of Incorporation. The shareholders present at a duly called and held meeting with a quorum present may continue to transact business until it is adjourned even if shareholders withdraw from the meeting and leave less than a quorum provided that any action taken (other than adjournment) is approved by at least a majority of the shares required to constitute a quorum. In the absence of a quorum, Agreement No. 6754 any meeting of shareholders may be adjourned by the vote of a majority of the shares, represented either in person or by proxy, but no other business may be transacted, except as provided in this Section 1.3. Section 1.7.Organization. Meetings of shareholders shall be presided over by the Chairperson of the Board of Directors, if any, or in the absence of the Chairperson of the Board of Directors by a chairperson designated by the Board of Directors or by a chairperson chosen at the meeting. The Secretary or a secretary appointed by the chairperson of the meeting shall act as secretary of the meeting. Section 1.8. Voting. a) Unless otherwise provided in the articles of incorporation of the Corporation, as may be amended from time to time (the "Articles of Incorporation"), each outstanding share, regardless of class, shall be entitled to one vote on each matter submitted to a vote of shareholders. Except as otherwise provided by the California Corporations Code, the Articles of Incorporation, or the bylaws of the Corporation, as may be amended from time to time (the "Bylaws"), the affirmative vote of the holders of a majority of the shares entitled to vote on the subject matter at a meeting in which a quorum is present shall be the act of the shareholders. b) Any holder of multiple shares entitled to vote on any matter may vote part of his, her or its shares in favor of the proposal and refrain from voting the remaining shares or vote them against the proposal other than elections to office. If the shareholder fails to specify the number of shares such shareholder is voting affirmatively, it will be conclusively presumed that the shareholder's approving vote is with respect to all shares such shareholder is entitled to vote. c) Except as otherwise provided in the Articles of Incorporation and subject to the requirements of this Section 1.5, every shareholder entitled to vote at any election of directors may cumulate such shareholder's votes and give one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to which the shareholder's shares are normally entitled, or distribute the shareholder's votes on the same principle among as many candidates as the shareholder thinks fit. No shareholder shall be entitled to cumulate votes unless such candidate or candidates' names have been placed in nomination prior to the voting and the shareholder gives notice at the meeting prior to the voting of his, her or its intention to cumulate his, her or its votes. If any one shareho- Ider-has given such notice, all shareholders may cumulate their votes for candidates in nomination. In any election of directors, the candidates receiving the highest number of votes of the shares entitled to be voted for them, up to the number of directors to be elected by such shares, are elected. Elections for directors need not be by ballot unless a shareholder demands election by ballot at the meeting and before the voting begins. Agreement No. 6754 Section 1.9. Shareholder's Proxies. Every shareholder entitled to vote shares may authorize another person or persons to act by proxy with respect to such shares. Any proxy purporting to be executed in accordance with the provisions of Section 705 of the California Corporations Code shall be presumptively valid. No proxy shall be valid after the expiration of 11 months from the date thereof unless otherwise provided in the proxy. Except as otherwise provided in this section, every proxy continues in full force and effect until revoked by the person executing it prior to the vote pursuant thereto. Such revocation may be effected by (a) delivering to the Corporation a written document stating that the proxy is revoked, (b) presenting to the meeting a subsequent proxy executed by the person executing the prior proxy, or (c) attending and voting in person at the meeting by the person executing the proxy. A proxy is not revoked by the death or incapacity of the maker unless, before the vote is counted, written notice of such death or incapacity is received by the Corporation. A proxy may be made irrevocable as provided under the California Corporations Code. If the Corporation has 100 or more shareholders, any form of proxy distributed to 10 or more shareholders shall conform to the requirements of Section 604 of the California Corporations Code. Section 1.10. Inspectors. Inspectors of election may be appointed by the Board of Directors as provided under the California Corporations Code. Section 1.11. Fixing Date for Determination of Shareholders of Record. a) In order that the Corporation may determine the shareholders entitled to notice of any meeting; vote; express consent to corporate action in writing without a meeting; receive payment of any dividend, other distribution or allotment of any rights; or exercise any rights with respect to any other lawful action, the Board of Directors may fix a record date in advance which shall be, as applicable, at least 10 but no more than 60 days prior to the date of the meeting and no more than 60 days prior to any other action. Agreement No. 6754 b) If no record date is fixed: (1) the record date for determining shareholders entitled to notice of or to vote at a meeting of shareholders shall be at the close of business on the business day immediately preceding the day on which notice is given or, if notice is waived, at the close of business on the business day immediately preceding the day on which the meeting is held; (2) the record date for determining shareholders entitled to give consent to corporate action in writing without a meeting, when no prior action by the Board of Directors has been taken, shall be the day on which the first written consent is given; and (3) the record date for determining shareholders for any other purpose shall be at the close of business on the day on which the Board of Directors adopts the resolution relating thereto or the 60th day prior to the date of such other action, whichever is later. A determination of shareholders of record entitled to notice of or to vote at a meeting of shareholders shall apply to any adjournment of a meeting unless the Board of Directors fixes a new record date for the adjourned meeting, but the Board of Directors shall fix a new record date if the meeting is adjourned for more than 45 days after the date set for the original meeting. Section 1.12. Consent of Shareholders in Lieu of Meeting. a) Except as otherwise provided in the Articles of Incorporation or in this Section 1.9, any action which may be taken at any annual or special meeting of the shareholders may be taken without a meeting and without prior notice if a consent in writing, setting forth the action so taken, is signed by the holders of outstanding shares having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all shares entitled to vote thereon were present and voted. b) Directors may not be elected by written consent except by unanimous consent of all shares entitled to vote for the election of directors. Notwithstanding the foregoing sentence, except for vacancies created by removal, shareholders may fill any vacancy in the Board of Directors that are not filled by the Board of Directors by electing a director through written consent of a majority of outstanding shares entitled to vote. c) Any shareholder giving a written consent or such shareholder's proxyholder or a transferee of the shares or a personal representative of such shareholder or its respective proxyholder may revoke the consent by a writing received by the Corporation prior to the time that written consents of the number of shares required to authorize the proposed action have been filed with the Secretary of the Corporation, but may not do so thereafter. Such revocation is effective upon its receipt by the Secretary of the Corporation. d) Unless all shareholders entitled to vote consent in writing, notice of any shareholder approval without a meeting shall be provided to the shareholders as required under the California Corporations Code. Agreement No. 6754 e) If the Corporation has 100 or more shareholders, any form of written consent distributed to 10 or more shareholders shall conform to the requirements of Suctiun 604 of the California Corporations Code. ARTICLE II Board of Directors Section 2.1. Powers; Number. The business and affairs of the Corporation shall be managed by and all corporate powers shall be exercised by or under the direction of the Board of Directors except as otherwise provided in the Articles of Incorporation or Bylaws. The number of directors comprising the Board of Directors shall be 1 until changed by amendment of this bylaw. Section 2.2. Election; Term of Office. At each annual meeting of shareholders, directors shall be elected to hold office until the next annual meeting. Each director, including a director elected to fill a vacancy, shall hold office until the expiration of the term for which elected and until a successor has been elected and qualified. Section 2.3. Removal. Subject to Section 303 of the California Corporations Code, any or all of the directors may be removed without cause if such removal is approved by a majority of the outstanding shares then entitled to vote on the election of directors. Any reduction in the authorized number of directors does not itself automatically remove any director prior to the expiration of such director's term in office. Section 2.4. Vacancies; Resignation. a) A vacancy in the Board of Directors is deemed to exist (a) if a director dies, resigns, or is removed by the shareholders or an appropriate court, as provided in Sections 303 or 304 of the California Corporations Code; (b) if the Board of Directors declares vacant the office of a director who has been convicted of a felony or declared of unsound mind by an order of court; (c) if the authorized number of directors is increased; or (d) if at any shareholders meeting at which one or more directors are elected, the shareholders fail to elect the full authorized number of directors to be elected for at such meeting. Unless otherwise provided in the Articles of Incorporation or the Bylaws and except for a vacancy caused by the removal of a director, vacancies on the Board of Directors may be filled by appointment by the Board of Directors. A vacancy on the Board of Directors caused by the reiiioval-of a -director may be filled -only by the shareholders, except that a vacancy created by the Board of Directors declaring an office of a director vacant because a director has been convicted of a felony or declared of unsound mind by an -order of court may be filled by the Board of Directors. Agreement No. 6754 b) The shareholders may elect a director at any time to fill a vacancy not filled by the Board of Directors. c) If the number of directors then in office is less than a quorum, vacancies on the Board of Directors may be filled by the unanimous written consent of the directors then in office, the affirmative vote of a majority of the directors then in office, or the sole remaining director. d) Any director may resign effective upon giving written notice to the Chairperson of the Board of Directors, the Secretary, or the Board of Directors unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be elected to take office when the resignation becomes effective. Section 2.5. Meetings; General. Meetings of the Board of Directors may be held at such places, within or without the state of California, and at such times as the Board of Directors may from time to time determine. Annual meetings shall be held without notice immediately thereafter and at the same place as the annual meeting of shareholders unless the Board of Directors determines otherwise by resolution. Special meetings may be held at any time or place whenever called by the Chairperson of the Board of Directors or by any two directors. Section 2.6. Notice of Meetings; Waiver of Notice. a) Notice of special meetings shall be provided four days prior to the date of the meeting by mail or 48 hours prior to the date of the meeting if delivered personally, by telephone, by electronic transmission (including email) or by any other means permitted under Section 307 of the California Corporations Code. All such notices shall comply with requirements under the California Corporations Code. b) Notice of a meeting need not be given to any director who signs a waiver of notice or a consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting the lack of notice to such director prior thereto or at its commencement. All such waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. A notice or waiver of notice need not specify the purpose of any regular or special meeting of the Board of Directors. Agreement No. 6754 Section 2.7. Participation in Meetings by Conference Telephone Permitted. Members of the Board of Directors, or any committee designated by the Board of Directors, may participate in a meeting of the Board of Directors or of such committee, as the case may be, through the use of conference telephone or any other means permitted under the California Corporations Code provided that all members participating in such meeting can hear one another. Participation in a meeting pursuant to this section shall constitute presence in person at such meeting. Section 2.8. Quorum; Adjournment, Vote Required for Action. a) At all meetings of the Board of Directors, a majority of the authorized number of directors shall constitute a quorum for the transaction of business. Subject to the provisions and requirements of the California Corporations Code, every act or decision done or made by a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless the Articles of Incorporation or the Bylaws require a vote of a greater number. b) A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. If the meeting is adjourned for more than 24 hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Section 2.9.Organization. Meetings of the Board of Directors shall be presided over by the Chairperson of the Board of Directors or in the absence of the Chairperson of the Board of Directors, by a chairperson chosen at the meeting. The Secretary or in the absence of the Secretary, any person appointed by the chairperson, shall act as secretary of the meeting. Section 2.10. Action by Directors Without a Meeting. Any action required or permitted to be taken by the Board of Directors, or any committee thereof, may be taken without a meeting if all members of the Board of Directors or of such committee, as the case may be, individually or collectively consent in writing to such action. Any such written consent shall be filed with the minutes of the proceedings of the Board of Directors. Such action by written consent shall have the same force and effect as a unanimous vote of such directors. Section 2.11. Compensation of Directors. The Board of Directors shall have the authority to fix the compensation of directors for services in any capacity. Section 2.12. Interested Directors; Quorum. No contract or transaction between the Corporation and one or more of its directors or between the Corporation and any other corporation, firm or association in which one or more of -the Corporations directors are directors or have a financial interest, shall be void or voidable solely for this reason, or solely because such director or directors are present at the meeting during which the Board of Directors or committee thereof authorizes, approves or ratifies the contract or Agreement No. 6754 transaction, or solely because his or her or their votes are counted for such purpose if: (1) the material facts as to his or her relationship or interest and as to the contract or transaction are fully disclosed or are known to the shareholders and such contract or transaction is approved by the shareholders in good faith with the shares owned by the interested director or directors not being entitled to vote thereon; (2) the material facts as to his, her or their relationship or interest and as to the contract or transaction are fully disclosed or are known to the Board of Directors or the committee, and the Board of Directors or committee authorizes, approves, or ratifies the contract or transaction in good faith by a vote sufficient without counting the vote of the interested director or directors and the contract or transaction is just and reasonable as to the Corporation at the time it is authorized, approved or ratified; or (3) the contract or transaction is fair as to the Corporation as of the time it is authorized, approved or ratified, by the Board of Directors, a committee thereof or the shareholders, as applicable. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or of a committee which authorizes the contract or transaction. Section 2.13. Indemnification. To the maximum extent permitted under the California Corporations Code, the Corporation shall have the right and power to indemnify any person who was a party, is a party, or is threatened to be made a party to any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative, because such person is or was an "agent" (as defined in Section 317 of the California Corporations Code) of the Corporation against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such action or proceeding. To the extent permitted under the California Corporations Code, the Corporation may advance expenses incurred in defending any such action or proceeding prior to final disposition after the Corporation has received an undertaking required by Section 317(f) of the California Corporations Code by or on behalf of the agent to repay the Corporation if it is determined ultimately that the agent is not entitled to be indemnified. Section 2.14. Emergency Bylaws. The Board of Directors may adopt bylaws, not in conflict with the Articles of Incorporation of the Corporation, to manage and conduct the ordinary business affairs of the Corporation only in an emergency as defined in Section 207 of the California Corporations Code, including but not limited to, procedures for calling a board meeting, quorum requirements for a board meeting, and designation of additional or substitute directors. During an emergency, the Board of Directors may not take any action that requires the vote of the shareholders or otherwise is not in the Corporation's ordinary course of business, unless the required vote of the shareholders was obtained prior to the emergency. The emergency bylaws shall not be effective after the emergency ends. Corporate action taken in good faith in accordance with the emergency bylaws binds the Corporation, and may not be used to impose liability on a corporate director, officer, employee, or agent. Agreement No. 6754 ARTICLE III Executive and Other Committees Section 3.1. Executive and Other Committees of Directors. a) By resolution adopted by a majority of the authorized number of directors, the Board of Directors may designate an executive committee and other committees, each of which shall serve at the pleasure of the Board of Directors; consist of two or more directors; and, to the extent provided in the resolution, have all the authority of the Board of Directors except that no such committee shall have power or authority with respect to the following matters: (i) Approve any action for which the approval of the shareholders or of the outstanding shares is also required under the California Corporations Code; (ii) Fill vacancies in the Board of Directors or in any committee thereof; (iii) Fix compensation of the directors for serving on the Board of Directors or on any committee thereof; (iv) Amend or repeal the Bylaws or adopt new bylaws; (v) Amend or repeal any resolution of the Board of Directors which, by its terms, is so amendable or repealable; (vi) Make distributions to shareholders, except at a rate or in a periodic amount or within a price range set forth in the Articles of Incorporation or as determined by the Board of Directors; (vh) Appoint other committees of the Board of Directors or the members thereof; (viii) Remove or indemnify any director; or (ix) Change the number of authorized directors on the Board of Directors. b) The Board of Directors may designate one or more directors as alternate members of any such committee who may replace any absent member or members at any meeting of such committee. c) Unless the Board of Directors otherwise provides, each committee designated by the Board of Directors may adopt, amend and repeal rules for the conduct of its business. In the absence of a provision by the Board of Directors or a provision in the rules of such committee to the contrary, each committee shall conduct its business in the same manner as the Board of Directors conducts its business pursuant to Article II of the Bylaws. Agreement No. 6754 ARTICLE IV Officers Section 4.1.Officers; Election. As soon as practicable after the annual meeting of shareholders in each year, the Board of Directors shall elect a President, Chief Financial Officer, and Secretary. The Board of Directors may also elect such other officers with such duties as the Board of Directors may deem desirable or appropriate. Any number of offices may be held by the same person. Section 4.2. Term of Office; Resignation; Removal; Vacancies. Except as otherwise provided in the resolution of the Board of Directors electing any officer, each officer shall hold office until the first meeting of the Board of Directors after the annual meeting of shareholders next succeeding his or her election, and until his or her successor is elected and qualified or until his or her earlier resignation or removal. Any officer may resign at any time upon written notice to the Board of Directors or to the Chairperson of the Board of Directors or the Secretary of the Corporation. Such resignation shall take effect at the time specified therein and, unless otherwise specified therein, no acceptance of such resignation shall be necessary to make it effective. The Board of Directors may remove any officer with or without cause at any time. Any such removal shall be without prejudice to the contractual rights of such officer, if any, with the Corporation, but the election of an officer shall not of itself create contractual rights. Any vacancy occurring in any office of the Corporation by death, resignation, removal or otherwise may be filled for the unexpired portion of the term by the Board of Directors at any regular or special meeting. Section 4.3. Powers and Duties. The officers of the Corporation shall have such powers and duties in the management of the Corporation as shall be stated in the Bylaws or in a resolution of the Board of Directors which is not inconsistent with the Bylaws and, to the extent not so stated, as generally pertain to their respective offices, subject to the control of the Board of Directors. The Secretary shall have the duty to record the proceedings of the meetings of the shareholders, the Board of Directors and any committees of the Board of Directors in a book to be kept for that purpose. The Board of Directors may require any officer, agent or employee to give security for the faithful performance of his or her duties. Agreement No. 6754 ARTICLE V Sharee and Certificates Section 5.1. Certificates. Every holder of shares in the Corporation shall be entitled to have a certificate signed in the name of the Corporation by the (1) the President, any Vice President, or Chairperson of the Board of Directors, and (2) Chief Financial Officer, or Secretary of the Corporation. Each certificate shall be issued in numerical order, and state the shareholder's name, the number of shares and the class, designation or series, if any, of shares owned by such shareholder, and contain any statement or legend required by any applicable law. Section 5.2. Lost, Stolen or Destroyed Stock Certificates; Issuance of New Certificates. The Corporation may issue a new share certificate or a new certificate for any other security in the place of any certificate theretofore issued by it, alleged to have been lost, stolen or destroyed, and the Corporation may require the owner of the lost, stolen or destroyed certificate, or such owner's legal representative, to give the Corporation a bond sufficient to indemnify it against any claim that may be made against it (including any expense or liability) on account of the alleged loss, theft or destruction of any such certificate or the issuance of such new certificate. ARTICLE VI Records and Reports Section 6.1. Records and Minutes. The Corporation shall keep at its principal executive office (or, with respect to Corporation's shareholder records, at the office of its transfer agent or registrar) the following corporate records: (i) a record of the names and addresses of all shareholders and the number and class of shares held by each shareholder, (ii) minutes of proceedings of the shareholders, the Board of Directors, and committees of the Board of Directors, and (iii) accounting records. All records shall be kept either in written form or in a form capable of being converted into a clearly legible form within a reasonable time. The Corporation shall so convert any such records upon the request of any person entitled to inspect the same at the Corporations principal executive office. Agreement No. 6754 Section 6.2. Inspection by Shareholders. The share register, minutes, and accounting books and records shall be open to inspection upon the written demand of any shareholder or holder of a voting trust certificate at any reasonable time during usual business hours for a purpose reasonably related to the holder's interests as a shareholder or holder of a voting trust certificate. The inspection may be made in person or by an agent or attorney, and shall include the right to copy and make extracts. These rights of inspection shall extend to the records of each subsidiary of the Corporation. Shareholders shall also have the right to inspect the original or copy of the Bylaws at all reasonable times during business hours. Section 6.3. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the Corporation and each of its subsidiary corporations. This inspection by a director may be made in person or by an agent or attorney and the right of inspection includes the right to copy and make extracts of documents. Section 6.4. Annual Report to Shareholders. For as long as there are fewer than 100 shareholders of the Corporation, the requirement of an annual report to shareholders referred to in Section 1501 of the California Corporations Code is expressly waived. However, nothing in this provision shall be interpreted as prohibiting the Board of Directors from issuing annual or other periodic reports to the shareholders, as the Board of Directors considers appropriate. If at any time and for as long as, the number of shareholders of the Corporation shall exceeds 100, the Board of Directors shall cause an annual report to be sent to the shareholders not later than 120 days after the close of the fiscal year adopted by the Corporation. This report shall be sent at least 15 days (if third- class mail is used, 35 days) before the annual meeting of shareholders to be held during the next fiscal year and in the manner specified for giving notice to shareholders in the Bylaws. The annual report shall contain a balance sheet as of the end of the fiscal year and an income statement and a statement of changes in financial position for the fiscal year prepared in accordance with generally accepted accounting principles applied on a consistent basis and accompanied by any report of independent accountants, or, if there is no such report, the certificate of an authorized officer of the Corporation that the statements were prepared without audit from the Corporations books and records. Section 6.5. Financial Statements. The Corporation shall keep a copy of each annual financial statement, quarterly or other periodic income statement, and accompanying balance sheets prepared by the Corporation on file in the Corporations principal office for 12 months. These documents shall be exhibited at all reasonable times, or copies provided, to any shareholder on demand. Agreement No. 6754 ARTICLE VII Miacelbuteous Section 7.1. Principal Executive or Business Offices, The Board of Directors shall fix the location of the principal executive office of the Corporation at any place either within or without the state of California. The Corporation may also have additional offices in other places as the Corporation's business may require, and as the Board of Directors may determine from time to time. If the principal executive office is located outside California and the Corporation has one or more business offices in California, the Board of Directors shall designate one of these offices as the Corporation's principal business office in California. Section 7.2. Fiscal Year. The fiscal year of the Corporation shall be determined by the Board of Directors. Section 7.3. Amendment of Bylaws. To the extent permitted by law, the Bylaws may be amended or repealed, and new bylaws adopted, by the Board of Directors. The shareholders entitled to vote, however, retain the right to adopt additional bylaws and may amend or repeal any bylaw whether or not adopted by them. [Remainder Intentionally Left Blank.] Agreement No. 6754 CERTIFICATE OF SECRETARY OF GEM Construction, Inc. The undersigned, Harry Muradyan, as Secretary of GEM Construction, Inc., a California corporation (the "Corporation"), hereby certifies the attached document is a true and complete copy of the bylaws of the Corporation and that such bylaws were duly adopted by the Board of Directors of the Corporation on the date set forth below. IN WITNESS WHEREOF, the undersigned has executed this certificate as of 20 Harry Muradyan Secretary H Agreement No. 6754 EXHIBIT B FORM OF SHARE CERTIFICATE Agreement No. 6754 No. 5133-4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles oflncorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereofnow and hereafter being in full compliance with all, and not in violation of arty, 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 19'h day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 191hday of March 2013. Dave Jones Insurance Comm&sloner By Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoldng this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.