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CONTRACT 6864 Public Works ContractAgreement No. 6864 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND MORILLO CONSTRUCTION, INC. URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW #24-02 This CONTRACT is entered into this 6th day of March, 2024, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and MORILLO CONSTRUCTION, INC., a California Corporation, ("the Contractor"). 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 Twelve Million Nine llandred Ei li -eight Thousand Dollars t$-1 51�00 00) with a City - authorized contingency amount of One Million, Three Hundred Thousand dollars ($1,300,000.00), 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. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Three Hundred (300) working days (the "Contract Time.") I-D-1 Agreement No. 6864 B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 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. 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 I-D-2 Agreement No. 6864 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 Cijy City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attn: Cheryl Ebert, P.E. cebert�i,ehscgu.rni o,.qrg 310-524-2321 The Contractor Morillo Construction, Inc. 227 N. Holliston Avenue Pasadena, CA 91106 Attn: Antoine B. Morillo 626-796-3800, x108 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. I-D-3 Agreement No. 6864 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. 6864 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. OF EL SEGUNDO Xx Darrell George City Manager ATTF __ ...... Tr._w.� acy Weaver, City Clerk APP O'ED AS TO FORM: for Mark rnsley City y Insurance Reviewed by: MORILLO CONSTRUCTION, INC. Antoine B. Morilloka, President Taxpayer ID No. 91-2017257 Contractor State License No.: 326965 Contractor City Business License No.: 45039 I-D-5 Agreement No. 6864 PROPOSAL FOR THE URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Date January 30, 20 24 Company Name: Morillo Construction, 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. Agreement No. 6864 EQUAL EMPLOYMENT O'PORTUNITY 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. NONCOLI, U ION DECLARATION 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. 6864 BID SCHEDULE URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Corrtr�actlon Inc, Note: Bid Item work is elaborated in detail in the pi Ject plans and s aecifications. ITEOM DESCRIPTION UNIT QTY PRICE AMOUNT BASE BID ITEMS Division 01 General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 0126 00 Contract Modification Procedures 01 29 00 Payment Procedures 01 31 00 Project Management and Coordination 01 32 00 Construction Progress Documentation 01 32 33 Photographic Documentation 01 33 00 Submittal Procedures 01 35 16 Alteration Project Procedures 0141 00 Regulatory Requirements 1 01 42 00 Definitions and References LS 1 $ col) $$Z.16Ur� 01 43 00 Quality Assurance 01 45 24 Environmental Import/Export Material Testing 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Field Engineering and Execution Requirements 01 73 29 Cutting and Patching 01 74 19 Construction Waste Management and Disposal 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 01 79 00 Demonstration and Training I-C-3a Agreement No. 6864 ITEOM DESCRIPTION UNIT FQTY PRICE AMOUNT Division 02 Site Conditions 2 02 41 13 Site Demolition LS 1 $ 704 600 $ 702, ODU 02 41 19 Selective Demolition Division 03 Concrete 03 05 05 Concrete Sealer 03 10 00 Concrete Formwork 3 03 20 00 Concrete Reinforcing LS 1 $✓�yl VDU $3�l dD0 03 30 00 Cast -In -Place Concrete r 03 30 05 Underslab Vapor Barrier 03 62 00 Non -Shrink Grouting 03 93 00 Fiber -Reinforced Polymer FRP 4 Division 04 Masonry LS 1 $ dol7 $dU� 04 22 00 Concrete Masonry Units Division 05 Metals 05 12 00 Structural Steel Framing 5 05 31 00 Steel Decking LS 05 40 00 Cold -Formed Steel Framing 05 50 00 Metal Fabrications 05 52 00 Metal Railings Division 06 Wood, Plastic and Composites 06 10 00 Rough Carpentry 06 20 23 Interior Finish Carpentry 6 06 41 00 Architectural Cabinetwork LS 1 $ 74% $ UlX7 06 73 00 Composite Decking 06 83 16 Fiberglass -Reinforced Plastic Paneling I-C-3b Agreement No. 6864 ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE AMOUNT Division 07 Thermal and Moisture Protection 07 13 00 Self -Adhering Sheet Waterproofing 07 22 00 Roof and Deck Insulation 7 07 54 13 Polyvinyl -Chloride Roofing LS 1 $ 4,-? rxp $ %2w017 (Mechanically Attached for Existing Facilities) 07 62 00 Sheet Metal Flashing and Trim 07 72 00 Roof Accessories 07 92 00 Joint Sealants Division 08 Openings 08 11 13 Hollow -Metal Doors and Frames 0831 13 Access Doors and Frames 8 0835 13 Folding Glass Doors LS 1 $3�p $ 08 51 13 Aluminum Windows 0871 00 Door Hardware 0881 00 Glass and Glazing 0891 10 Metal Louvers Division 09 Finishes 09 06 00 Colors and Finishes 09 22 16 Non -Structural Metal Framing 09 28 13 Cementitious Backing Board 09 29 00 Gypsum Board 9 09 30 00 Ceramic Tile LS 1 $ 7be�,,060 09 51 16 Acoustical Cementitious Wood Fiber Panels 09 81 00 Acoustic Insulation 09 91 00 Painting of Existing Facilities 09 91 10 Painting g I-C-3c Agreement No. 6864 ITEOM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT Division 10 Specialties and Miscellaneous 10 14 00 Signage 10 14 19 Dimensional Character Signage 10 21 13 Solid -Plastic Toilet Compartments and Screens 10 10 21 16 Solid -Plastic Shower and Dressing LS 1 $2 03, vow $ Z limed Compartments 10 2129 Solid -Plastic Benches 10 28 00 Toilet Accessories 10 44 00 Fire Extinguishers and Cabinets 10 5126 Plastic Lockers 11 Division 11 Equipment 7 LS 1 $0 $0 NOT USED 12 Division 12 Furnishings LS 1 $0 $0 NOT USED Division 13 Special Construction 13 11 00 Swimming Pool General Requirements 13 13 11 02 Swimming Pool Concrete 13 11 04 Swimming Pool Ceramic Tile LS 1 $��� " $ ,271eZ) 13 11 06 Swimming Pool Equipment 13 11 07 Swimming Pool Mechanical 12 11 08 Swimming Pool Electrical 13 11 09 Swimming Pool Waterproofing 14 Division 14 Conveying Equipment LS 1 LD $j� 14 42 00 Wheelchair Lifts I-C-3d Agreement No. 6864 ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE AMOUNT Division 21 Fire Suppression 21 05 17 Sleeves and Sleeve Seals for Fire - Suppression Piping 2105 18 Escutcheons for Fire -Suppression Piping 21 05 23 General -Duty Valves for Fire - Protection Piping 15 21 05 29 Hangers and Supports for Fire- LS Suppression Piping 2105 48 Vibration and Seismic Controls for Fire -Suppression 2105 53 Identification for Fire -Suppression Piping and Equipment 21 11 19 Fire Department Connections 21 13 13 Wet -Pipe Sprinkler Systems I-C-3e Agreement No. 6864 ITEM NO. DESCRIPTION UNIT QTy UNIT PRICE AMOUNT Division 22 Plumbing 22 05 17 Sleeves and Sleeve Seals for Plumbing Piping 22 05 18 Escutcheons for Plumbing Piping 22 05 19 Meters and Gauges for Plumbing Piping 22 05 23.12 Ball Valves for Plumbing Piping 22 05 23.13 Butterfly Valves for Plumbing Piping 22 05 23.14 Check Valves for Plumbing Piping 22 05 29 Hangers and Supports for Plumbing Piping and Equipment 22 05 48 Vibration and Seismic Controls for Plumbing Piping and Equipment 22 05 53 Identification for Plumbing Piping 16 and Equipment LS 1 $t,,-f $ 22 07 19 Plumbing Piping Insulation 22 11 16 Domestic Water Piping 22 11 18 Natural Gas Piping 22 11 19 Domestic Water Piping Specialties 22 1123.21 Inline, Domestic Water Pumps 22 13 16 Sanitary Waste and Vent Piping 22 13 19 Sanitary Waste Piping Specialties 22 31 00 Domestic Water Softeners 22 34 00 Fuel -Fired, Domestic -Water Heaters 22 42 13.13 Commercial Water Closets 22 42 13.16 Commercial Urinals 22 42 16.13 Commercial Lavatories 22 42 16.16 Commercial Sinks 22 42 23 Commercial Showers 22 45 00 Emergency Plumbing Fixtures 22 47 13 Drinking Fountains I-C-3f Agreement No. 6864 ITEOM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT Division 23 Heating, Ventilating & A/C 23 00 00 HVAC General Requirements 23 05 13 Common Motor Requirements for HVAC Equipment 23 05 29 Hangers and Supports for HVAC Piping and Equipment 23 05 48 Vibration and Seismic Controls for HVAC 23 05 53 Identification for HVAC Piping and Equipment 23 05 93 Testing, Adjusting and Balancing for HVAC 23 07 13 HVAC Duct Insulation 17 23 07 19 HVAC Piping Insulation LS 1 $ (1390dol7 $ (' 340 t� 23 23 00 Refrigerant Piping 23 31 13 HVAC Metal Ducts 23 33 00 HVAC Duct Accessories 23 34 00 HVAC Fans 23 37 13.23 Registers and Grilles 23 37 23 HVAC Gravity Ventilators 23 72 33 Energy Recovery Ventilators 23 73 40 Semi -Custom Air -Handling Units 23 74 13 Packaged Rooftop Air -Handling Units 23 1126 Cooling Mini -Split Systems 23 81 29 Variable Refrigerant Flow (VRF) Systems I-C-3g Agreement No. 6864 ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE AMOUNT Division 26 Electrical 26 05 19 Low -Voltage Electrical Power Conductors 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33.13 Conduits for Electrical Systems 26 05 33.16 Boxes and Covers for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems 26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling 26 05 48.16 Seismic Controls for Electrical 18 Systems LS 1 $ �j UbLb 7 $�'� 26 05 53 Identification for Electrical I Systems 26 05 73.16 Coordination Studies 26 05 73.19 Arc -Flash Hazard Analysis 26 09 23 Lighting Control Devices 26 24 13 Switchboards 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 13 Fuses 26 28 16 Enclosed Switches and Circuit Breakers 26 29 23 Variable -Frequency Motor Controllers 26 33 23.11 Central Battery Equipment for Emergency Lighting 26 50 00 Lighting I-C-31i Agreement No. 6864 ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE AMOUNT Division 27 Communications 27 00 00 Basic Communications Requirements 27 05 26 Grounding and Bonding for Communications Systems 27 05 28 Pathways for Communications Systems 19 27 05 29 Hangers and Supports for LS 1 $1 Z./� 000 $ 1 L lea Communications Systems 27 11 00 Communications Equipment Room Fittings 27 15 13 Communications Copper Horizontal Cabling 27 41 19 Assistive Listening System 27 51 16 Public Address Systems Division 28 Electronic Safety and Security 20 28 31 11 Digital, Addressable Fire -Alarm LS 1 $ 91 OdTi System (Delegated Design) Division 31 Earthwork 21 31 10 00 Site Clearing LS 1 $ 7y 000 $ 7y, 0 Ulf 3120 00 Earthwork 3122 19 Finish Grading Division 32 Exterior Improvements 22 32 12 16 Asphalt Paving LS 1 $�L��� b0 6 $ 32 13 13 Site Concrete Division 33 Utilities 23 33 11 19 Site Fire Protection Water LS 1 $ �y'tj0� $ t f cY o Distribution 33 31 00 Sanitary Sewer [NEXT PAGE FOR BID TOTAL] I-C-3i Agreement No. 6864 TOTAL BID FOR ITEMS 1- 23 IN FIGURES: TOTAL BID WRITTEN IN WORDS: I-C-3j Agreement No. 6864 BIDDER'S INFORMATION Morillo Construction, Inc. Company Name: Morillo 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) Morillo Construction, Inc. Business 227 N. Holliston Ave., Street Address Pasadena, CA -110 Telephone No. 626-796-3800 Facsimile No. State Contractor's License No. and Class 326965: Class B A Original Date Issued 10/21/1976 Expiration Date 03/31/202.5 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: Antoine B. Morillo, President Pierre B. Morillo, Officer 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-4 Agreement No. 6864 BIDDER'S INFORMATION (CONTINUED) Company Name: Morillo Construction, Inc. Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: Ernie Russo Title: Project Coordinator I-C-5 Agreement No. 6864 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this 30th day of January 2024 BIDD� Morillo Construction, Inc. Pierre B. Morillo, Officer Subscribed and sworn to this day of 20 _ NOTARY PUBLIC I-C-6 Agreement No. 6864 CALIFORNIA JURAT GOVERNMENT CODE § 8202 U'll;U'U13Y.:1M � N f IS"' ,NIE M rya' .nr S FfiW '.?fix. .!a iat.wr ll. r l 111-10AEi TKNa"1,N ".J7Er O rr Y 5„ b. >%r d d rr7 w a ,i/Ir,. r ? rsc,s;"r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof . rt iCs a HY J R08114SON „.: Notary Pubk CAOfO'niar Lo%Ange6es Camunty Commission # 2464477 ,.. � Co r^�. Expires Sep 3f, 20J Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me on this day of , 20 , by Date Month I Year (and (2) r Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature km(a'dSi n re of Notary 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: Signer(s) Othern Named Above: Number of Pages: AWN#1N -NU ?WYrl IF 0t��7'��C 02019 National Notary Association Agreement No. 6864 UNANIMOUS WRITTEN CONSENT OF DIRECTORS IN LIEU OF MEETING OF MORILLO CONSTRUCTION, INC. The undersigned, constituting the directors of Morillo Construction Inc., a California corporation (the "Corporation"), do hereby consent to the adoption of the following resolutions. WHEREAS, the Corporation periodically receives proposals (the "Proposals") from government agencies, school districts, and other entities requesting the Corporation submit construction bids to connection with projects being developed by such agencies or entities. WHEREAS, the Proposals require that any bids submitted by the Corporation be signed by a corporate officer or other persons of the bidding company who have been duly authorized by the bidding company to sign on its behalf. RESOLVED, that any one (1) or more of the following persons are hereby authorized to sign on behalf of the Corporation on any bids submitted in the name of the Corporation. PIERRE MORILLO ANTOINE B. MORILLO This action is taken pursuant to authority granted in Section 307(b) of the California Corporation Code. Date: February 11, 2019 Pierre Morillo, Director Bond No.: MORCO-483 Agreement No. 6864 PROPOSAL GUARANTEE BID BOND URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 KNOW ALL MEN BY THESE PRESENTS that, Morillo Construction, Inc. , as BIDDER, and Old Republic Surety Cornpan , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of Ten Percent of the Total Amount Bid DOLLARS ($ 10% of 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 11th day of _January , 20 24 BIDDER* SURETY* Old Republic Surety Compare 227 N. Holliston Avenue Pasadena, CA 91106 Chino Hills, CA 91709 By 1(909) 367-2015 Matthew R. Dobyns / Attorney -in -Fact, 1633 E. 4th St., *228, Santa Ana, CA 92701, 1(714; 541-4700 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-7 REPUBLIC SURETY COMPANY Agreement No. 6864 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Randy Spohn, Matthew R. Dobyns, Hamilton Kenney, Ashley M. Spohn of Santa Ana, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, affixed this 11th OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be day of August 2022 v1UR,F,, OLD REPUBLIC SURETY COMPANY y,, GOPP�PA{E �4A � SEAL oa,w Secrete"��r President Jni�9tlitYvr.v4i4�* STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 11th day of Au ust 2022 , personally came before me, Alan Paylb; and Karen J Haffner to me known to be the rs of the OLD REPUBLIC SURETY who executed the above instrument, and tindividuals hey each acknowledged the executi n of the same,andbeing by me COMPANY duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above Instrument Is the seal of the corporation, and that said corporate sea and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.. x V Notary Public My Commission Expires: 9epternber 28, 2 2 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. a 747097 E Ch r��rvm ✓` r w. ORSC 22262 (3-06) R.S. Bonding & Ins Agency Inc Signed and sealed at the City of Brookfield, WI this 11th — day of January 2024.� M4w 11115,'Cia, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Agreement No. 6864 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 before me, ERIKA G. MORGAN NOTARY PUBLI , personally appeared MATTHEW R. DOBYNS who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heytheiF authorized capacity Oes), and that by his{#er/the signature{-s} on the instrument the person(-), 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 ERIKA G. MORGAN California that the foregoing h is true and correct. COMM. #2354018 g g paragraph ra g p w NCTAR ( PUBLIC • CALIFORNIA ORANGECOUN WITNESS and and official seal. aw� C�r�arcaa Ua����tira May "s. �+325 NMI r w � ature of ary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Agreement No. 6864 1 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) BIDDER'S Contractor's License Number is: 326965 Class No.: B, A 2, The expiration date of BIDDER'S Contractor License is: March 31, 2025 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 onJanuary 30. 20 24 , at Pasadena, California (insert City and State where Declaration signed). Signature Pierre B. Morillo Typed Name Officer Title Morillo Construction Inc. Company Name I-C-8 Agreement No. 6864 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the Officer making the foregoing bid. of Morillo Construction, Inc. the party The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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 that all statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Jan. 30, 2024 [date], at Pasadena [city],California[state]." Dated this 30th day of January 2024. Morillo Construction, Inc. Name Officer Title Signature I-C-9 Agreement No. 6864 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: Officer Business Name: Morillo Construction, Inc. Business Address: 227 N. Holliston Ave. Pasadena, CA 91106 Telephone Number: 6( 26 ) 796-3800 Dated this 30th day of January 20 24 I-C-10 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Name of Subcontractor Description of Subcontractor's Portion of Contractor Work Estimated Address License No. Subcontracted $ Amount (Number and Strcet) A_37 Zip Code) -MrV Zt �yv. (City, Demolition 2Z,� 000,E ........... Masonry r t(11 "el `'t - (I co of tf#is gnat' additional space is needed) 1 /30/2024 Sig "I Bidder Date I-C-11 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. �wwwwwwww������ Name of Subcontractor t,��'�». Address and. Street (Nutn ), Subcontractor's Contractor License No. _ Description of Portion of Work Subcontracted I f,G a 4ber Structural & Misc Steel w Estimated $ Amount 7f®® � /' (City, Zip Code) �/7S I�ilfi ' ...... ............ Lath, Plaster & Drywallff_ �o'ao o — 2 K (Male cops Qf thfls p if additional space is needed) 1 /30/2024 Signature of Bidder Date I-C- l ] Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount (Number and Street) (City, Zip Code) try fI a sin S'1-7 f6r " Rub PVC Roofing -ofthis psditional f a � space is needed) ...._.,...1 /30/2024 Signature of Bidder Date I-C-11 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page I1-B-3) of the General Provisions, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Name of Subcontractor Address (Number and Street) (City, Zip Code) �� • Crsrovrr Description of Subcontractor's Portion of Contractor Work Estimated License No. Subcontracted $ Amount b Aluminum dvv. Windows, Glass ?_5 4- q Of 0 -7 —" Cs �ZZg13os (Make copies of this pa if additional space is needed) 1 /30/2024 � Signature of Bidder Date I-C-11 0 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount (Number and Street) (City, Zip Code) tit ftmua I _ tip iai Painting 621�Sa. ............................... (flake copies of this_p�age if additional space is needed) m . .__._.w 1 /30/2024 Signa ture of Bidder Date I-C-11 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount C_ (Number and Street) — /V 3 Z t,-F 3 Toilet Partition & Toilet Accessories (City, Zip Code) A1Afr.4r<n S'17G1 " lfvrrA ;ad 2 � V- Swimming Pool 2, 6? off. ill u « ,�rrr �► Jir � ,rr �rZAA L, I ' I /� Sprinklers (MaK is of -this it e if additional space is needed) µ.me 1/30/2024 Signature of Bidder Date I-C-11 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount (Number and Street) /(( TAXLTG 3 _ �w fir' ✓ (City, Zip Code) Plumbing d l Iu� -y s U3 opk rl 3o r � HVAC leif, &ov .._ .... �� ' Electrical /I l lbnq .............. Low Voltage 31 7, /(a �— (Ma o-of-thispegs i additional space is needed) ..� .. ,.:� 1/30/2024 Signature of Bidder Date I-C-11 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc, As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount , + (Number and Street) "I'y. 1p o e �rV _......... �rZrs LC_� Site Concrete ///Iy%0:""` Sujgle-5 Underground tL �Clif�D w; p Utilities 000 ape "s oI ,th). pa �additional space is needed) 1 /30/2024 i nature-6f-Binder Date I-C-1 I Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount Www�� /" (Number and Street)Ree (City, Zip Code) ti D.Z(04,6 (Make qpk;� f pale if dd ional space is needed) 1 /30/2024 ... gnaJire 5.�.." "d"f Bisdder Date I-C-1 l Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. .. w Description of Subcontractor's Portion of Name of Contractor Work :Estim]atedSubcontractor Address License No. Subcontracted (Number and Street) (City, Zip Code) L . .......... ........... 1 �o pies of thia,p g if additional space is needed) ter✓72, ...,..,...._ 1 /30/2024 Signature of Bidder Date I-C-11 Agreement No. 6864 Company Name:. REFERENCES Morillo Construction, Inc. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1. Project Title: Whittier Aquatic Center Location: 8028 Pioneer Blvd., Whittier, CA 90606 County of Los Angeles, Department of Pubic Works/ 900 S. Fremont Ave., Alhambra, CA 91803 Name and address of owner Cristina Bernardini, CCM, Intl. Assoc. AIA/ Mobile: 213-364-0146/ 900 S. Fremont Ave., Alhambra, CA 91803 Name and current telephone number of person familiar with project Design and construction of competition pool, practice pool, pool Type of Work: building, storage building, parking, utilities and pool deck. Contract amount: $23,932,853.00 Date completed: 11/10/2022 Amount of work done by my/our firm under contract $ 9,683,558.00 Did your firm have any financial interest in Project? No 2. Project Title: Hollywood Recreation Center - Pool & Pool Building Location: 1122 N. Cole Ave., Los Angeles, CA 90038 City of Los Angeles Name and address of owner Michael Uemura/ Tel No: 213-847-4717 221 N. Figueroa St., #1510, Los Angeles, CA 90012 Name and current telephone number of person familiar with project Site prep and construction of a new 9,575 sf swimming pool with waterslide, Type of Work: bleachers, and canopy. New 5,669 sf pool building with equipment room. Contract amount: $ 6,480,532.00 Date completed: 7/10/2015 Amount of work done by my/our firm under contract $ 1,722,621.00 Did your firm have any financial interest in Project? No I-C-12 Agreement No. 6864 Project Title: Reseda Park Pool & Bathhouse Location: 18411 Victory Blvd., Reseda, CA 91335 City of Los Angeles Bureau of Engineering/ 221 N. Figueroa, Los Angeles, CA 90012 Name and address of owner Jose Fuentes/ Tel No: 213-847-4833/ 221 N. Figueroa, Los Angeles, CA 90012 Name and currentae$y poando ons'fact anpo a nnew �e'z�1��swirrhr ng o with a new pump house, decorative pool deck, perimeter fencing, shade structures and towers, a pool and bathhouse Type of Work: heating system, parking lots, and landscaping and modernization of (e) 2-story sf pool house. Contract amount: $ 3,167,109 Date completed: 7/5/2012 Amount of work done by my/our firm under contract $ 913 039.00 Did your firm have any financial interest in Project? No 4. Project Title: Liberty Community Plaza Location: 14181 Telegraph Rd., Whittier, CA 90604 Community Development Commission of County of Los Angeles/ 700 W. Main St., Alhambra, CA 91801 Name and address of owner Dan Mendoza/ Tel No: 626-262-4511/ 700 W. Main St., Alhambra, CA 91801 Name and current telephone number- of person familiar with project: Site prep of approx 8 acres and construction of new L D Good 23,424 sf community center with PV canopy, trash enclosure, walkways, stairs, ramp, outdoor stage, utilities, parking, Type of Work: landscaping/driveway/fire lanes at site upper level; playground and landscaping added to (e) track. Contract amount: $ 11 344 026.00 Date completed: 6/18/2015 Amount of work done by my/our firm under contract $ 2,058,218.00 Did your firm have any financial interest in Project? No Project Title: Artesia Library Location: 18801 Elaine Ave., Artesia, CA 90701 Community Development Commission of County of Los Angeles/ 700 W. Main St., Alhambra,, CA 91801 Name and address of owner Eric Chow; Tel No: 626-586-1776 700 W. Main St., Alhambra, CA 91801 Name and current telephone number of person familiar with project: I-C-13 Agreement No. 6864 New construction of 10,850 sf library with 2-story tower, including clerestory Type of Work: windows, landscaping, furniture and on -site and off -site work. Contract amount: $ 7,556,597 Date completed: 8/9/2017 Amount of work done by my/our firm under contract $ 1,544,713.00 Did your firm have any financial interest in Project? No Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: Old Republic Surety Company/ 14728 Pipeline Ave., Chino Hills, CA 91709 Matthew Dobyns/ RS Bonding & Insurance Agency, Inc./ Tel No: 714-541-4700 I-C-14 Agreement No. 6864 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc.. Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No V 2. If yes, explain the circumstances: N/A 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 V No ❑ Bidder's Signature Pierre Morillo, Officer Name (Please Print) I-C-15 Agreement No. 6864 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Morillo Construction, Inc. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "ANII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of- state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." January 30, 2024 "� :.....r Date Bidder's Signature I-C-16 Agreement No. 6864 END PROPOSAL SECTION I-C-17 Agreement No. 6864 CITY OF ELSEGUNDO January 17, 2024 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: A comment was received during the bid phase asking the City to extend the current bid opening date by 1-week. The City is not able to extend the bid date. The bid due date and time is still Tuesday, January 23, 2024, at 11:00 am. 2. Technical questions received during the bid phase are responded to by Arcadis and are included as an attachment to this addendum. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non -responsive and subject to rejection. m��Signature: �ru Date: Print Company Name: Morillo Construction, Inc. Page 1 of 1 1 /17/2024 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6864 CITY OF ELSEGUNDO January 22, 2024 ADDENDUM NO.2 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 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 has been extended to Tuesday, January 30, 2024, at 11:00 am. 2. The HVAC system should be bid as currently designed. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non -responsive and subject to rejection. Signature: L° ....... .... . �.. Date: 1 /22/2024 Print Company Name: _ Morillo Construction, Inc. Page 1 of 1 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 THE FINAL PREMIUM IS Agreement No. 6864 PREDICATED ON THE FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 424-02 Morillo Construction, Inc. Bond No. WCN 7460777 Bond Fee: Please see attached invoice. ("PRINCIPAL") and Old Republic Sur et Com an , a corporation incorporated under the laws of the State of Wisconsin 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 "Twelve Million. Pine Hundred Eis;hty-ei lit "Thousand DOLLARS t 12,21 . 00,0 1, 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 24-02, 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 24-02, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 24-02) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. Should PRINCIPAL fail to correct its work against any I-E-1 Agreement No. 6864 defective work, labor, or materials, 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. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("BSMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 24-02 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 one (1) year following 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. 6864 SIGNED AND SEALED this 6th day of March 20 24 Morillo Construction, Old republic Surety Com Barmy. By: " 8 AINCIPAL's PRESID T SURETY's Attorney in -Fact Matthew R. Dobyns I s CRETARY SURETY's SECRETARY PRINCIPAL's MAILING SURETY's MAILING ADDRESS: ADDRESS: 22Z-N. Hollis on Arr3mJe 14728 Pi aline ye. Suite E Pasadena,CA 91106 Chino Hills, CA 91709 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. 6864 OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Randy Spohn, Matthew R, Dobyns, Hamilton Kenney, Ashley M. Spohn of Santa Ana, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (III) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 11th day of August 2022 OLD REPUBLIC SURETY COMPANY �«, n ,AMR." r g, iEIA4 A.L A,1 4on"Secrela * President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 1Ith day of August 2022 , personally came before me, and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. A Notary Public My Commission Expires: September 28 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force 6th March 2024 747097 B StL Signed and sealed at the City of Brookfield, WI this _. day of TO ORSC 22262 (3-06) r munueas+{9CrlyC R.S. Bonding & Ins Agency Inc Agreement No. 6864 NT �5410 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority TFus Is To CERTIFY, That, pursuant to the Insurance Code of the State of California, Old Republic Surety Company Of Brookfield, Wisconsin , organized under the laws of Wisconsin , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: SURETY, LIABILITY and MISCELLANEOUS as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. This CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WuzmoF. effective as of the U t h day Of- Dece;..9 er , I9 90 , I have hereunto set my hand and caused my official seal to be affixed this 1-41 — day of uecemb r ,19 90 By ro Qualification with the Secretary of State must be accomplished as required by the California Corpora Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 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. FORM C13-3 Be 6m1 Agreement No. 6864 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 personally appeared MATTHEW R. DOBYNS , u� ERIKA G. MORON w COMM #2354018 NCTARY PC9LIC • CALIFORNIA 13 ORANGE COUNT 2 4 araiq `d $�N�Y9So 5, 025 who proved to me on the basis of satisfactory evidence to be the persons} whose namefs) is/are subscribed to the within instrument and acknowledged to me that he/shefthep executed the same in histherj� authorized capacity {yes), and that by his/heF/their signatures) on the instrument the personfs), 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 land and official seal. nature oMotary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ATTORNEY -IN -FACT [� TRUSTEE(S) El GUARDIAN/CONSERVATOR El OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Agreement No. 6864 LABOR AND MATERIALS BOND URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 424-02 Morillo Construction, Inc. Bond No. WCN 7460777 Bond Fee: Please see attached invoice. as principal ("PRINCIPAL") and Old Republic Surety Company a corporation incorporated under the laws of the State of Wisconsin 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 Twelve Million Nine Hundred. Eighty-eight Thousand DOLLARS" $12 g 000.00, , lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the wort: contemplated in SPECIFICATIONS NO. PW 24-02 ("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 24-02, 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 24-02), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. I-F-1 Agreement No. 6864 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 24-02, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 6864 SIGNED AND SEALED this 6th day of March 2024 ono Con struction , Inc . d Old Republic Surety Corn an° ��. B PRINCIPAL' PRI;SID f SURETY'S l Attorn ey-in •Fact Matthew R. Gobyns PRINCIPAL'S SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: . HQI1i&nAyenuq Pasadena. CA 91106 SURETY's MAILING ADDRESS: 14728 Pipeline Ave. Suite E Chino Hills, CA 91709 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. I-F-3 Agreement No. 6864 I-F-4 Agreement No. 6864 * OLD REPUBLIC SURETY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: Randy Spohn, Matthew R. Dobyns, Hamilton Kenney, Ashley M. Spohn of Santa Ana, CA its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 11th day of AuRust 2022 H�As� rrr, OLD REPUBLIC SURETY COMPANY oeroe,L �a Mll pant Sewerta President 'YnY.ttl 1�1'Y414'M1'^N� STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS On this 11th day of August 2022 personally came before me, and KarenJ Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. �" ,p4ot�G rF ,,. Notary Public My Commission Expires: September 28 2026 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. S Wry � �oeroe.rE !Y , SEAL r 747097 o t ORSC 22262 (3-06) R.S. Bonding & Ins Agency Inc Signed and sealed at the City of Brookfield, WI this 6th day of March 2024 i 4M5, Agreement No. 6864 NT. 5410 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority Trams Is To CEHTwy, That, pursuant to the Insurance Code of the State of California, old Republic Surety Company of Brookfield, Wisconsin , organized under the laws of Wisconsin , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: SURETY, LIABILITY and MISCELLANEOUS as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Trams 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 WrrNEss WwmwF, effective as of the 1 Lt - day Of- December _1 19 90 , I have hereunto set my hand and caused my official seal to be affixed this 1.4 t __ day of- December ,19 90 By Qualification with the Secretary of State must be accomplished as required by the California Corporate Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoldng this Certificate of Authority pursuant to the covenants made in the applim ion therefor and the conditions contained herein. FORK CB-3 ee admi Agreement No. 6864 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 personally appeared MATTHEW R. QQBYNS who proved to me on the basis of satisfactory evidence to be the person(-) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heF/their authorized capacity (ies), and that by hisjhe0te4 signatures) on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. .«.µxi„�� I certify under PENALTY OF PERJURY under the laws of the State of °b ERIKA G. MORGAN California that the foregoing paragraph is true and correct. COMM. #2354018 NCTARY PC3LIC • CALIFORMA ORANGE COUNTY omaj, Expkes May5.2025 WITNESS Fr nd and official seal. 46 tore of MAary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Agreement No. 6864 CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR URHO SAAR1 SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 w MANDATORY PRE -BID MEETING DECEMBER 12, 2023 AT 10:00AM IN THE URHO SAARI SWIM STADIUM / PLUNGE 219 W. MARIPOSA AVENUE EL SEGUNDO, CA 90245 BIDS DUE JANUAR.Y 23, 2024 AT 11:00AM Agreement No. 6864 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 AM TUESDAY, JANUARY 23, 2024 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED Agreement No. 6864 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II-B-24 thru II-B-27 "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 Planning and Building Safety Department. The permits will be issued on a "no -fee" basis. The Contractor shall be responsible for calling the Building Safety Division for inspections, All noted deficiencies shall be corrected by the contractor. 'rhe project will not be accepted as complete until the contractor obtains a final sign -off from the Department of Planning and Building Safety. Agreement No. 6864 TABLE OF CONTENTS SECTION I — LEGAL A. NOTICE INVITING SEALED BIDS B. BIDDING INSTRUCTIONS 1. DEFINITION 2. BIDDER'S REPRESENTATIONS 3. BIDDING DOCUMENTS 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS 5. PRODUCT SUBSTITUTIONS 6. SUBCONTRACTORS 7. ADDENDA 8. PRE -BID CONFERENCE 9. FORM AND STYLE OF BIDS 10. BID SECURITY 11. MODIFICATION OR WITHDRAWAL OF BID 12. OPENING OF BIDS 13. REJECTION OF BIDS 14. AWARD C. PROPOSAL 1. PROPOSAL, FIRST PAGE 2. BID SCHEDULES a. BASE BID b. ALTERNATIVE BID 3. BIDDER'S INFORMATION 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT 5. PROPOSAL GUARANTEE BID BOND 6. CONTRACTOR'S LICENSE DECLARATION 7. NON -COLLUSION DECLARATION 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 -I TO A-3 I-B-1 TO B-8 I-B-1 I-B-I I-B-2 I-B-2 I-B-3 I-B-3 I-B-3 I-B-3 I-B-4 I-B-5 I-B-6 I-B-6 I-B-6 I-B-7 I-C-1 TO C-17 I-C-1 I-C-3 I-C-4 I-C-6 I-C-7 I-C-8 I-C-9 I-C-10 I-C- I I I-C-12 I-C-15 I-C-16 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 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL 0-2 NUMBERING OF SECTIONS 1-2 DEFINITIONS 1-2.1 ADDITIONAL DEFINITIONS 1-3 ABBREVIATIONS 1-6 BIDDING AND SUBMISSION OF THE BID 1-6.1 GENERAL 1-6.2 ADDITIONAL RESPONSIBILITY 1-7.2 CONTRACT BONDS Agreement No. 6864 PAGE II-A-1 TO A-2 II-A-1 II -A- I II-A-1 II-A-1 II-A-1 II-A-2 II-A-2 II-A-2 II-B-1 TO B-35 II-B-1 II-B-1 II-B-1 II-B-1 II-B-1 II-B-2 II-B-2 II-B-3 II-B-4 II-B-4 2-0 SCOPE OF WORK II-B-4 2-1.1 ACCESS TO PROJECT SITE II-B-4 2-1.2 OWNERSHIP AND USE OF CONTRACT II-B-4 DOCUMENTS 2-2 PERMITS II-B-4 2-3 RIGHT-OF-WAY II-B-5 2-3.1 ADDITIONAL WORK AREAS AND FACILITIES II-B-5 2-9 CHANGED CONDITIONS II-B-5 2-10 DISPUTED WORK II-13-6 3-0 CONTROL OF THE WORK II-B-6 3-7 CONTRACT DOCUMENTS II-B-6 3-7.1 GENERAL II-B-6 3-7.2 PRECEDENCE OF CONTRACT DOCUMENTS II-B-7 3-7.3 ACCURACY OF PLANS AND SPECIFICATIONS II-B-7 3-10 SURVEYING II-B-8 3-10.3 SURVEY SERVICE II-B-8 3-10.3.1 CONSTRUCTION SURVEYING II-B-8 3-10.3.2 MEASUREMENT AND PAYMENT II-B-8 lil Agreement No. 6864 SECTION II — GENERAL REQUIREMENTS (Continued) 3-12.1 CLEANUP AND DUST CONTROL 3-12.1.1 GENERAL 3-12.1.2 WATERING 3-12.6 WATER POLLUTION CONTROL 3-12.7 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 3-12.8 PUBLIC CONVENIENCE AND SAFETY 3-12.8.1 TRAFFIC AND ACCESS 3-12.8.2 STREET CLOSURES, DETOURS, AND BARRICADES 3-12.8.3 PROTECTION OF THE PUBLIC 3-13 COMPLETION AND ACCEPTANCE 3-13.1 GENERAL GUARANTY 4-0 CONTROL OF MATERIALS 4-3 INSPECTION REQUIREMENTS 4-3.1 GENERAL 4-6 TRADE NAMES 4-6.1 TRADE NAMES OR EQUALS 5-0 LEGAL RELATIONS AND RESPONSIBILITIES 5-3 LABOR 5-3.2 PREVAILING WAGES 5-3.3 RECORD OF WAGES PAID: INSPECTION 5-4 LIABILITY INSURANCE 5-4.1 GENERAL 5-4.2 INDEMNIFICATION AND DEFENSE 5-7.4.1 HAZARDOUS MATERIAL 6-0 PROSECUTION AND PROGRESS OF THE WORK 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 6-3.3 WORK DAYS AND WORKING HOURS 6-3.4 NIGHT WORK 6-3.5 WEEKEND AND HOLIDAY WORK 6-4 DELAYS AND EXTENSIONS OF TIME 6-4.1 GENERAL 6-4.2 EXTENSIONS OF TIME 6-4.3 PAYMENT FOR DELAYS TO CONTRACTOR 6-4.4 WRITTEN NOTICE AND REPORT PAGE II-B-8 II-B-9 II-B-9 II-B-9 II-B-10 II-B-13 II-B-13 II-B-13 II-B-13 II-B-13 II-B-14 II-B-14 II-B-14 II-B-15 II-B-15 II-B-16 II-B-18 II-B-19 II-B-20 II-B-20 II-B-20 II-B-20 II-B-21 II-B-22 II-B-22 II-B-22 II-B-23 II-B-23 II-B-23 II-B-23 II-B-23 II-B-24 Agreement No. 6864 SECTION II — GENERAL REQUIREMENTS (Continued) 6-7 DEFAULT BY CONTRACTOR 6-7.1 GENERAL 6-7.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK 6-7.3 SURETY'S ASSUMPTION OF CONTROL 6-9 LIQUIDATED DAMAGES 6-9.1 FAILURE TO COMPLETE THE WORK ON TIME 6-11 DISPUTES AND CLAIMS; PROCEDURE 6-11.1 GENERAL 6-11.2 FORM 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 6-11.10 APPEAL TO SUPERIOR COURT; WAIVER OF JURY TRIAL 6-11.11 AB 626 CLAIMS; PROCESS 7-0 MEASUREMENT AND PAYMENT 7-2 LUMP SUM WORK 7-3.2 PARTIAL AND FINAL PAYMENTS 7-3.3 DELIVERED MATERIALS 7-4.2.3 BASIS FOR ESTABLISHING COSTS 7-4.3 MARK UP 7-4.4 DAILY REPORTS BY CONTRACTOR 100-1 TERMINATION OF AGENCY LIABILITY 402-0 UTILITIES 402-2 PROTECTION 402-2.1 INCORRECT LOCATION OF UTILITIES 402-4 RELOCATION 402-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION 402-5 DELAYS 402-5.1 CALCULATING IDLE TIME iv PAGE II-B-24 II-B-24 II-B-24 II-B-25 II-B-25 II-B-25 II-B-26 II-B-26 II-B-26 II-B-28 II-B-28 II-B-28 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-31 II-B-32 II-B-33 II-B-33 II-B-33 II-B-34 II-B-34 II-B-34 II-B-34 II-B-34 II-B-34 II-B-34 II-B-35 Agreement No. 6864 SECTION III - SPECIAL PROVISIONS PAGE III-A-1 TO A-13 ATTACHMEENTS A - URHO SAARI SWIM STADIUM SPECIFICATIONS / PROJECT MANUAL B - URHO SAARI SWIM STADIUM PLANS v Agreement No. 6864 NOTICE INVITING SEALED BIDS FOR THE URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 24-02 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 AM on: TUESDAY, JANUARY 23,2024 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 materials, tools, equipment, labor, super -vision, incidentals, and related work as required in the specifications, plans, contract documents for the following project: "Urho Saari Swim Staditun / Plunge Renovation Project", on, file with the City's Public Works Department. Work on the Project must be performed in strict conformity with Specifications No. PW 24- 02 as adopted by the El Segundo City Council on November 7, 2023, which is filed with the Public Works Department. Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are available from the Engineering Division of the Public Works Department, City of El Segundo, 350 Main Street, El Segundo, California, 90245. Plans And Specifications are alternately available electronically via pLibfi(L-_works-bLd A pre -bid meeting is scheduled for Tuesday, December 12, 2023 at 10:00 AM, at the t.Jrho Saari Swim Stadium / Plunge, 219 W. Mariposa Avenue, El Segundo,, CA 90245. Bidders' attendance at this meeting is mandatory. Questions regarding the bid shall be submitted by 5 PM on January 11, 2024 to Ygovemnient/"de Lailmentsa" ubl ic- work,s/re-qtiest-p,qblic-work,s-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 Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at http://vvww.dir.ca.gov. I-A-1 Agreement No. 6864 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 Drder 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. 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 (151.1.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 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 City Clerk, 350 Main Street, City of El Segundo, in a sealed. I-A-2 Agreement No. 6864 envelope plainly marked on the outside: "SEALED BIDS FOR PROJECT NO.: PW 24-02 URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT IN THE CITY OF EL SEGUNDO DO NOT OPEN WITH REGULAR MAIL" The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an amount no less than ten percent (10%) of the amount bid for the base contract. 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 this project, those acceptable classes of license shall be 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 execrated by the appropriate officer(s) of the City of El Segundo. DATED this day of 520 CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I-A-3 Agreement No. 6864 BIDDING INSTRUCTIONS DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents. 1.1 "Addenda" means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.2 "Alternate" means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both. 1.3 "Bid Deadline" means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda. 1.4 "Bidder" means a person or firm that submits a Bid. 1.5 "Bidding Documents" means the construction documents prepared and issued for bidding purposes including all Addenda 1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates. 1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that: 2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents. 2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents. 2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents. 2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor's State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor "C" license in each such trade, (2) a General Engineering contractor "A" license, or (3) a General Building contractor `B" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade. 2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from I-B-1 Agreement No. 6864 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: - works/repent-rblic-works-bid Responses to all questions will be provided in writing to all Bidders in I-B-2 Agreement No. 6864 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 January 11, 2024 at 5pm Questions Answered by January 16, 2024 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; (4) license numbers; and (5) DIR registration numbers. 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. 6.3 Clearly state that portion of work to be done by each subcontractor listed by trade and estimated dollar amount. 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. MANDATORY PRE -BID CONFERENCE. Bidder will attend a Mandatory Pre -Bid I-B-3 Agreement No. 6864 Conference where the 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 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 '!he 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 I-B-4 Agreement No. 6864 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 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 PW 24-02: URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT. 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 I-B-5 Agreement No. 6864 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 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. 11.1 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. 11.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. 11.3 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted. 11.4 Bids may not be modified, withdrawn, or canceled within ninety (90) calendar days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders. 11.5 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the proposal guarantee. 11.6 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. 11.7 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. 11.8 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 $ Agreement No. 6864 not been licensed in accordance with the provisions of the State Business and Professions Code. 14. AWARD 14.1 The City may retain all bids for a period of ninety (90) calendar 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) calendar 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 I-B-7 Agreement No. 6864 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 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. 14.7 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. 14.8 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. 6864 PROPOSAL FOR THE URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 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. 6864 EQUAL EMPLOYMENTOPPORTUNITY PORTDNITY 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. NONCC:ILI, USIDN DE+CLARATI .IN 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. 6864 BID SCHEDULE URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: Note: Bid Item work is elaborated in detail in the ro*ect lans ands ecilicatinns. ITEM DESCRIPTION UNITIT NO. QTY PRICE AMOUNT BASE BID ITEMS Division 01 General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 0126 00 Contract Modification Procedures 0129 00 Payment Procedures 01 31 00 Project Management and Coordination 01 32 00 Construction Progress Documentation 01 32 33 Photographic Documentation 01 33 00 Submittal Procedures 01 35 16 Alteration Project Procedures 01 41 00 Regulatory Requirements 1 0142 00 Definitions and References LS 1 $ $ 0143 00 Quality Assurance 0145 24 Environmental Import/Export Material Testing 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 70 00 Field Engineering and Execution Requirements 01 73 29 Cutting and Patching 01 74 19 Construction Waste Management and Disposal 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 01 79 00 Demonstration and Training I-C-3a Agreement No. 6864 ITEM DESCRIPTION UNIT QTy T UNIT PRICE AMOUNT NO. Division 02 Site Conditions 2 02 41 13 Site Demolition LS 1 $ $ 02 41 19 Selective Demolition Division 03 Concrete 03 05 05 Concrete Sealer 03 10 00 Concrete Formwork 03 20 00 Concrete Reinforcing LS 1 $ $ 3 03 30 00 Cast -In -Place Concrete 03 30 05 Underslab Vapor Barrier 03 62 00 Non -Shrink Grouting 03 93 00 Fiber -Reinforced Polymer FRP 4 Division 04 Masonry LS 1 $ $ 04 22 00 Concrete Masonry Units Division 05 Metals 05 12 00 Structural Steel Framing 5 05 3100 Steel Decking LS 1 $ $ 05 40 00 Cold -Formed Steel Framing 05 50 00 Metal Fabrications 05 52 00 Metal Railings Division 06 Wood, Plastic and Composites 06 10 00 Rough Carpentry 06 20 23 Interior Finish Carpentry 6 06 4100 Architectural Cabinetwork LS 1 $ $ 06 73 00 Composite Decking 06 83 16 Fiberglass -Reinforced Plastic Paneling I-C-3b Agreement No. 6864 ..... ITEM DESCRIPTION UNIT UNIT NO. QTY PRICE AMOUNT Division 07 Thermal and Moisture Protection 07 13 00 Self -Adhering Sheet Waterproofing 07 22 00 Roof and Deck Insulation 7 07 54 13 Polyvinyl -Chloride Roofing LS 1 $ $ (Mechanically Attached for Existing Facilities) 07 62 00 Sheet Metal Flashing and Trim 07 72 00 Roof Accessories 07 92 00 Joint Sealants Division 08 Openings 08 11 13 Hollow -Metal Doors and Frames 0831 13 Access Doors and Frames 8 0835 13 Folding Glass Doors LS 1 $ $ 08 51 13 Aluminum Windows 08 7100 Door Hardware 08 8100 Glass and Glazing 08 91 10 Metal Louvers Division 09 Finishes 09 06 00 Colors and Finishes 09 22 16 Non -Structural Metal Framing 09 28 13 Cementitious Backing Board 09 29 00 Gypsum Board 9 09 30 00 Ceramic Tile LS 1 $ $ 09 51 16 Acoustical Cementitious Wood Fiber Panels 09 8100 Acoustic Insulation 09 9100 Painting 09 91 10 Painting of Existing Facilities I-C-3c Agreement No. 6864 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT NO. Division 10 Specialties and Miscellaneous 10 14 00 Signage 10 14 19 Dimensional Character Signage 10 21 13 Solid -Plastic Toilet Compartments and Screens 10 10 21 16 Solid -Plastic Shower and Dressing LS 1 $ $ Compartments 10 2129 Solid -Plastic Benches 10 28 00 Toilet Accessories 10 44 00 Fire Extinguishers and Cabinets 10 5126 Plastic Lockers 11 Division 11 p Eq ui ment LS 1 $0 $0 NOT USED 12 Division 12 Furnishings LS 1 $ 0 $0 NOT USED Division 13 Special Construction 13 1100 Swimming Pool General Requirements 13 1102 Swimming Pool Concrete 13 13 11 04 Swimming Pool Ceramic Tile LS 1 $ $ 13 1106 Swimming Pool Equipment 13 1107 Swimming Pool Mechanical 12 1108 Swimming Pool Electrical 13 1109 Swimming Pool Waterproofing Division 14 Conveying Equipment LS 1 $ $ 14 14 42 00 Wheelchair Lifts I-C-3d Agreement No. 6864 ITEM DESCRIPTION UNIT UNIT NO. QTY PRICE AMOUNT Division 21 Fire Suppression 2105 17 Sleeves and Sleeve Seals for Fire - Suppression Piping 2105 18 Escutcheons for Fire -Suppression Piping 2105 23 General -Duty Valves for Fire - Protection Piping 15 21 05 29 Hangers and Supports for Fire- LS 1 $ $ Suppression Piping 2105 48 Vibration and Seismic Controls for Fire -Suppression 2105 53 Identification for Fire -Suppression Piping and Equipment 21 11 19 Fire Department Connections 21 13 13 Wet -Pipe Sprinkler Systems I-C-3e Agreement No. 6864 ITEM DESCRIPTION UNIT QTY UNIT AMOUNT NO. PRICE Division 22 Plumbing 22 05 17 Sleeves and Sleeve Seals for Plumbing Piping 22 05 18 Escutcheons for Plumbing Piping 22 05 19 Meters and Gauges for Plumbing Piping 22 05 23.12 Ball Valves for Plumbing Piping 22 05 23.13 Butterfly Valves for Plumbing Piping 22 05 23.14 Check Valves for Plumbing Piping 22 05 29 Hangers and Supports for Plumbing Piping and Equipment 22 05 48 Vibration and Seismic Controls for Plumbing Piping and Equipment 22 05 53 Identification for Plumbing Piping 16 and Equipment LS 1 $ $ 22 07 19 Plumbing Piping Insulation 22 11 16 Domestic Water Piping 22 11 18 Natural Gas Piping 22 11 19 Domestic Water Piping Specialties 22 1123.21 Inline, Domestic Water Pumps 22 13 16 Sanitary Waste and Vent Piping 22 13 19 Sanitary Waste Piping Specialties 22 3100 Domestic Water Softeners 22 34 00 Fuel -Fired, Domestic -Water Heaters 22 42 13.13 Commercial Water Closets 22 42 13.16 Commercial Urinals 22 42 16.13 Commercial Lavatories 22 42 16.16 Commercial Sinks 22 42 23 Commercial Showers 22 45 00 Emergency Plumbing Fixtures 22 47 13 Drinking Fountains ------------ I-C-3f Agreement No. 6864 ITEM DESCRIPTION UNIT UNIT NO. QTY PRICE AMOUNT Division 23 Heating, Ventilating & A/C 23 00 00 HVAC General Requirements 23 05 13 Common Motor Requirements for HVAC Equipment 23 05 29 Hangers and Supports for HVAC Piping and Equipment 23 05 48 Vibration and Seismic Controls for HVAC 23 05 53 Identification for HVAC Piping and Equipment 23 05 93 Testing, Adjusting and Balancing for HVAC 23 07 13 HVAC Duct Insulation 17 23 07 19 HVAC Piping Insulation LS 1 $ $ 23 23 00 Refrigerant Piping 23 31 13 HVAC Metal Ducts 23 33 00 HVAC Duct Accessories 23 34 00 HVAC Fans 23 37 13.23 Registers and Grilles 23 37 23 HVAC Gravity Ventilators 23 72 33 Energy Recovery Ventilators 23 73 40 Semi -Custom Air -Handling Units 23 74 13 Packaged Rooftop Air -Handling Units 23 8126 Cooling Mini -Split Systems 23 8129 Variable Refrigerant Flow (VRF) Systems I-C-3g Agreement No. 6864 UNIT TY mm ITEM UNIT DESCRIPTION Q NO. PRICE AMOUNT Division 26 Electrical 26 OS 19 Lo w Vo lta g e Ele ctrical ical Pow er Conductors 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33.13 Conduits for Electrical Systems 26 05 33.16 Boxes and Covers for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems 26 05 44 Sleeves and Sleeve Seals for Electrical Raceways and Cabling 26 05 48.16 Seismic Controls for Electrical 18 Systems LS 1 $ $ 26 05 53 Identification for Electrical Systems 26 05 73.16 Coordination Studies 26 05 73.19 Arc -Flash Hazard Analysis 26 09 23 Lighting Control Devices 26 24 13 Switchboards 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 13 Fuses 26 28 16 Enclosed Switches and Circuit Breakers 26 29 23 Variable -Frequency Motor Controllers 26 33 23.11 Central Battery Equipment for Emergency Lighting 26 50 00 Lighting I-C-3h Agreement No. 6864 ITEM DESCRIPTION NO. UNIT QTY UNIT PRICE AMOUNT Division 27 Communications 27 00 00 Basic Communications Requirements 27 05 26 Grounding and Bonding for Communications Systems 27 05 28 Pathways for Communications Systems 19 27 05 29 Hangers and Supports for LS 1 $ $ Communications Systems 27 1100 Communications Equipment Room Fittings 27 15 13 Communications Copper Horizontal Cabling 27 41 19 Assistive Listening System 27 51 16 Public Address Systems Division 28 Electronic Safety and Security 20 28 31 11 Digital, Addressable Fire -Alarm LS 1 $ $ System (Delegated Design) Division 31 Earthwork 21 31 10 00 Site Clearing 3120 00 Earthwork LS 1 $ $ 3122 19 Finish Grading Division 32 Exterior Improvements 22 32 12 16 Asphalt Paving LS 1 $ $ 32 13 13 Site Concrete Division 33 Utilities 23 33 11 19 Site Fire Protection Water Distribution LS 1 $ $ 33 3100 Sanitary Sewer [NEXT PAGE FOR BID TOTAL] I-C-3 i Agreement No. 6864 TOTAL BID FOR ITEMS I — 23 IN FIGURES: TOTAL BID WRITTEN IN WORDS: I-C-3 j Agreement No. 6864 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 Street 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-4 Agreement No. 6864 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-5 Agreement No. 6864 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this — day of , 20_ BIDDER Subscribed and sworn to this day of . 20 . NOTARY PUBLIC I-C-6 Agreement No. 6864 PROPOSAL GUARANTEE BID BOND URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($ _ ), which is ten (10%) percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20, BIDDER* SURETY* Subscribed and sworn to this day of „ , 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-7 Agreement No. 6864 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: 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-8 Agreement No. 6864 NON -COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the making the foregoing bid. of the party The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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 that all statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _[date], at [city], [state]." Dated this day of 20 Name Title Signature I-C-9 Agreement No. 6864 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-10 Agreement No. 6864 BIDDER'S CERTIFICATION OF SUBCONTRACTORS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 Company Name: As detailed in Section 2-3 (Page II-B-3) of the General Provisions, 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. Description of Subcontractor's Portion of Name of Contractor Work Estimated Subcontractor Address License No. Subcontracted $ Amount (Number and Street) (City, Zip Code) (Make copies of this page if additional space is needed) Signature of Bidder I-C- I I Date Agreement No. 6864 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 ..a.— aiiu %,U11%.4LL lc1%,F11lJllc uullluCI ul persun Laminar wim 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: iiaim, auu auu1GJJ La uW11G1 liu111Lj% 1 V1 JJGI.?V11 lallll M11 W1L11 IJrUJUCGL 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-12 Agreement No. 6864 3. Project Title:. Location: Name and address of owner ............................... . Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ __� _ Did your firm have any financial interest in Project? 4. Project Title: 5 Location: Name and address of owner Name and current telephone number of person familiar with project: Tvne 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? Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: I-C-13 Agreement No. 6864 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-14 Agreement No. 6864 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 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-15 Agreement No. 6864 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 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 InsurarISI Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City„ its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required Linder 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-16 Bidder's Signature Agreement No. 6864 END PROPOSAL SECTION I-C-17 Agreement No. 6864 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW #24-02 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 , a , ("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 and cents 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. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Three Hundred (300) working days (the "Contract Time.") I-D-1 Agreement No. 6864 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. 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. 9. INDEMNIFICATION. The Contractor agrees to indemnity, 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 I-D-2 Agreement No. 6864 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 0ty The Contractor City of El Segundo -Public Works 350 Main Street El Segundo, CA 90245 Attn: Attn: Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. I-D-3 Agreement No. 6864 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 covenantors 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. 6864 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: for Mark D. Hensley City Attorney Insurance Reviewed by: I-D-5 Taxpayer ID No. Contractor State License No.: Contractor City Business License No.: Agreement No. 6864 FAITHFUL PERFORMANCE BOND URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW #24-02 Bond No. Bond Fee: ("PRINCIPAL") and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLAIIS and. cerits ($ 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 24-02, 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 PRINCI.:PAL or SCJRETY 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 24-02, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW24-02) 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. PRINCIP L'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. 6864 completion and acceptance by CITY. Should PRINCIPAL fail to correct its work against any defective work, labor, or materials, 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. 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 24-02 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 one (1) year following 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. 6864 SIGNED AND SEALED this day of PRINCIPAL'S PRESIDENT PRINCIPAL'S SECRETARY 20 SURETY'S PRESIDENT SURETY's SECRETARY PRINCIPAL's MAILING SURETY'S MAILING ADDRESS: 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. 6864 LABOR AND MATERIALS BOND URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW #24-02 Bond No. Bond Fee: ("PRINCIPAL") and as 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 and cents lawful money of the United States, which maybe 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 PRINNCIPAL, to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL.., and all PRINCIPAL'S siabcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of' the work contemplated in SPECIFICATIONS NO. PW 24-02 ("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 24-02, 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 24-02), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor I-F-1 Agreement No. 6864 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. StJRE'fY for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 24-02, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY'S representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY'S certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 6864 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS: ►711 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. I-F-3 Agreement No. 6864 SECTION 11- GENERAL RE IJIREMENTS 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 CITE" BUSFNESS LIC1 NOSE' Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. MERGI Nca 1NFOl MATION The names, addresses and telephone numbers of the Contractor and Sub -Contractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. F'LJ NISI II G 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 Three, Hundred Fifty Dollars ($ 350.00) to insure against damage; to a 2 �1/2" lire 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. A non-refundable Activation Fee of One Hundred Dollars ($100.00) will be charged to the Contractor upon activation of the temporary meter. All water used from the temporary meter 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 the City to relocate the temporary meter to another hydrant. Cost of water to be used shall be included in the Contract bid price of the items of work relevant to its use. I I-A-1 Agreement No. 6864 5. CALIFORNIA - OCCUPATIONAL SAFETY & FIEA'LTIJ ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal - OSHA Rules and Regulations, latest edition. 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 UNIFORM All workers under the employment of the Contractor or his/her Sub -Contractor shall wear the appropriate safety apparel as required by the latest edition of the Work Area Traffic Control. Handbook (WATCIWIBOOI) while working in the public right -of way. Workers shall wear the correct Class visibility apparel for the speed zone working in,, as required in the WATCHBOOK. II-A-2 Agreement No. 6864 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDAr SHClIZICATIONS 0-1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" ("Greenbook") 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 NUM.iIIRING O1 SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 1-2 DEIINITIONS 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. 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. 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. II-B-1 Agreement No. 6864 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. State Standard Specifications - State of California Standard Specifications, latest edition and supplements, California State Transportation Agency, Department of Transportation (Caltrans) 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 Public Works Standards, Inc. WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association SSPWC Standard Specifications for Public Works Construction by the American Public Works Association ASA American Standard Association CITY City of El Segundo 1-6 BIDDING AND SUBMISSIGN GI THE BID Subsection 1-6 Bidding and Submission of the Bid of Greenbook is deleted in its entirety and replaced with the following subsection. II-B-2 Agreement No. 6864 1-6.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor'or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. 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 II-B-3 Agreement No. 6864 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. 1-6.2 ADDITIONAL R.E,SPONSIBll 1Ty Add the following to Subsection 1-6.2 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. 1-7.2 CONTRACT BONDS The following paragraph is added to Subsection 1-7.2 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 3-13.1. 2-0 ,COKE Ol° TITE WORD: 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 City Notice to Proceed, 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 OWN`I.;RSI­IIP AND USE of ,ONTg&IT �; og.1 'IE TS. 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. 2-2 PERMITS The following paragraph will be added to Subsection 2-2 of Greenbook: The Contractor will apply for permits required by the City. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. II-B-4 Agreement No. 6864 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. 2-3 91 `-0E-"4 A '. The following subsection is added to Subsection 2-3 of the Greenbook. 2-3.1 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 CII:ANG COCONDITIONS Subsection 2-9, 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 time period set forth in Subsection 6-11.3, the Contractor is liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions include, without limitation, the following: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be II-B-5 Agreement No. 6864 made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 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. 2-10 I IS'UJI ED WORK Subsection 2-10 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 Linder extra work provisions, the Conti -actor will keep and furnish records of disputed work as required by the Contract Documents. 3-0 CONTROL OF TI-1E W(.)[�,K 3-7 CONTRACT DOCC.iMENTS Subsection 3-7 of the Greenbook is replaced by the following subsection. 3-7.1 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 must be submitted to the City representative for approval before the City pays a final retention amount. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. II-B-6 Agreement No. 6864 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there is 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. 3-7.2 PRECED171NCE OIM C NTRACT DOCUMENTS The following paragraph is added to subsection 3-7.2 of the Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. 3-7.3 ACLU ACY Ol° 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. II-B-7 Agreement No. 6864 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. 3-10 SURVEYING Subsection 3-10.3, Survey Service, is added to subsection 3-10 of the Greenbook: 3-10.3 SURVEY SERVICE 3-10.3.1 ONS1'UCI"1S11R EYING The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the 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. 3-10.3.2 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. 3-12.1 CLEANQP AND DUST CONTROL Subsection 3-12.1, General Work Site Maintenance, of the Greenbook is deleted in its entirety and replaced by the following subsections. II-B-8 Agreement No. 6864 3-12.1.1 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. 3-12.1.2 WATERING Water for dust control 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 deposits and fees as described in this contract, 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. 3-12.6 WATER POLLUTION CONTROL The following requirements are added to 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. (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. II-B-9 Agreement No. 6864 (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. 3-12.7 PRO"FELT OI AND RESTQKA: "10�' Old" 15'1`1N _IMPF�ONEMENTS The following requirements are added to Section 3-12: 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. 3-12.8 PUBLIC CONVENIENCE AND SAFr° ',T " The following requirement is added to Section 3-12: 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. 3-12.8.1 TRAFFIC' AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours before 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. 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. II-B-10 Agreement No. 6864 Clearances frorn traffic lanes will be five (5) feet to the edge of any excavation and two (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 of the WATCH Manual and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 3-12.8.2 S1'REET CLOSURES DE"FOORS BARRICADES Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contactor 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. 3-12.8.3 PROTECTION OF TIDE" 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 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. II-B-11 Agreement No. 6864 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. 3-13 K,:O IPLETIGN AN[) ACCLpTANCE Subsection 3-13 of the Greenbook 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. 3-13.1 g[L-NERAL GUAI AN"T ' 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-12 Agreement No. 6864 4-0 C N"i"RGI, OF MATERIALS 4-3 INSPEC`E!QN RE CLLKEMEM Subsection 4-3, Inspection, is deleted in its entirety and replaced by the following subsections. 4-3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer 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 tine Contractor's cost at rates established by the City. 4-6 TI iDE NAMES Subsection 4-6, Trade Names, is deleted in its entirety and replaced by the following subsections. 4-6.1 TRADE, NAMES OR I�°�AS 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 Kidder must Submit, a minimum of ten ( 1 .) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item". At a minimum, the submitted II-B-13 Agreement No. 6864 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. 5-0 I I�GAI RELATIONS AND ICI°"S1'Ol�Sll311 ITIIzS 5-3 LABOR The following subsections are added to Subsection 5-3 of the Greenbook. 5-3.2 PI I-VAILI G 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: II-B-14 Agreement No. 6864 a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the ninety (90) calendar 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 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. 5-3.3 RECORD OF WAGES PAID: INSPECTI 1^ 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. 5-4 LIABILITY INIURANCE Subsection 5-4, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. II-B-15 Agreement No. 6864 5-4.1 GENERAL Contractor must procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM CL 00 02 01 85 or 88 CA 00 01 01 87 COMBINED SINGLE LIMIT $2,000,000 $1,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. 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 II-B-16 Agreement No. 6864 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. WORKER'S 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) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar 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 II-B-17 Agreement No. 6864 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 6-5, 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 6-5. 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. 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). 5-4.2 1NDEE' I NIFICATION A�LD DL I�NSE In addition to the provisions of Subsection 5-4 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 § II-B-18 Agreement No. 6864 2782, nothing in this Subsection 5-4.2 or in Subsection 5-4 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 5-4.2 or in Subsection 5-4 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 5-4 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. 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. 5-7.4.1-1AZARDOUS MATERIAL L The following Subsection will be added to Section 5 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 11, 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 2-9 (Changed Conditions) of the Greenb'ook, 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-19 Agreement No. 6864 work to be performed under the contract. The Contractor will retain all rights provided by Subsection 2-10, 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 2 (Scope of Work) of the Greenbook. 6-0 P OSECUTLQN AM PROGRESS OF THE WORK 6-1 "�11STF l.1CTlOI` SCIwIEDC i1�E A 1D CO1 �11 1➢: Cl 1 111 I11 WOR Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pre-CgggEwction 1 leetin `. After contractaward, 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 C-ON 1 A.CT SCHED1. LE 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) calendar days of award. 6-1.2 C4�NT1�"1"�3T" OF' aON"r AC""1` SCl El The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: l . 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. II-B-20 Agreement No. 6864 6-1.3 EFFECT Cl* CC}NT ACT SCHE1 ULEE 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. 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. II-B-21 Agreement No. 6864 6-1.4 COMMENCEMENT OF CONT Acr 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) calendar days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6-3.3 WOX DAYS AND WQRKING FIOU[l S City Hall is open from Monday thru Thursday lam -5pm and Friday's 7am-4pm. It is closed the following holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Christmas Eve Christmas New Year's Eve New Year's Day Working on Fridays when City Hall is closed is acceptable. If the Contractor, however, 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. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day. 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. 6-3.4 NIGHT W(,)RK. 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. II-B-22 Agreement No. 6864 6-3.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-4 DELAYS AND I� : T NSIDNS OF TIME Subsection 6-4 is deleted in its entirety and replaced with the following subsections. 6-4.1 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. 6-4.2 EXTENSIONS O TIl' E 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 ininor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 6-4.3 PAYMENT FOR DELAYS TO CONTRACTOR Any payment for compensable delay will be based upon actual costs as set forth in Subsection 402-5.1 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 II-B-23 Agreement No. 6864 for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-4.4 WI I°I FF.�N 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 DI EAIJL"I� B°'�";CON'R:AC 1 TR The language in subsection 6-7 is deleted in its entirety and replaced with the following subsections. 6-7.1 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. 6-7.2 Tl Ifil'vIINA 1"1Ca' I GF Cf N 9"RAC"1'DR'S Cf>NTI ?I OVER THE W RK 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 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: Serve written notice upon the Surety on its Faithful Performance Bond II-B-24 Agreement No. 6864 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. 6-7.3 -SURETYSASSUMPTION 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 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. 6-9 LIQUI)AU-H) -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, H-B-25 Agreement No. 6864 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 $500 per calendar day. 6-11 DISPUTES AND CLAIMS PROCEDQRE 6-11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is 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. 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 II-B-26 Agreement No. 6864 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 seven (7) calendar days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7.. If the Claim involves an adjustment of the Contract Sum for delay, written 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 II-B-27 Agreement No. 6864 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 C1.A1MS SUBMITrLErD TO ENGfNEER Within thirty (30) calendar 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 PRERj`,1 �,1I�6I'SFTE TO �.�"TITER 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 to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than ten (10) calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than thirty (30) days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to sixty (60) days. 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: II-B-28 Agreement No. 6864 "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 thirty (30) calendar 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 El` GINEEKS DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within thirty (30) calendar days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within thirty (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 thirty (30) calendar 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. 6-11.8 ARBITRATI rN 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 II-B-29 Agreement No. 6864 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 WIJEN 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 thirty (30) calendar 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 party's attorney's fees and court costs. 6-11.10 AI.PEAl.,, "I°C) SUP 1q0R c L RT,. WAIV1 R OF JURY TRIAL Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ("CCP") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 6-11.11 AID 626 CLAIMS., I)R )CESS 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: (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. II-B-30 Agreement No. 6864 7-0 MEASUREME-M AND PAYMENT 7-2 _LUMPS'UM WORK Subsection 7-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Slim," "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. 7-3.2 PARTIALANDFINAL PA�YMENTS The text of Subsection 7-3.2 of the Standard Specifications is 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 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 II-B-31 Agreement No. 6864 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 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. 7-3.3 DELI EREQ MAT RIALS Materials and equipment delivered or stored, but not incorporated into the work, will II-B-32 Agreement No. 6864 not be approved for progress payments. 7-4.2.3 BASIS FOR ESTABLISHING COSTS Subsection 7-4.2.3, 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." 7-4.3 MARK UP Subsection 7-4.3, 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 surn of the costs and markups provided for in this subsection, I percent ill be added as compensation for bonding. No other formula, e,g,, the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors, When all or any part of the extra work is performed by a Subcontractor„ the markup established in 7-4.3(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 went that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Norm or Conti -actor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 7-4.4 DAILY REPORTS BY CON°TRAC`I"OR. Add the following paragraph to subsection 7-4.4, 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. II-B-33 Agreement No. 6864 100-1 TER.i'wIMATION GR AGENCY 1JABILITY 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. 402-0 UTILITIES 402-2 PROTECTION The following subsection is added to Subsection 402-2 of the Greenbook. 402-2.1 Il' CORRI::,. 'T LOCATION F LLTILl 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. 402-4 RE- OCATLQN The following subsection is added to Subsection 402-4 of the Greenbook. 402-4.1 RE PONSIBILLEY OF UTILITY REMOVAL OR RE,LGCATI I 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. 402-5 DELAYS The following paragraphs are added to Subsection 402-5 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 402-5.1 and no markup will be added in either case for overhead and profit. The cost II-B-34 Agreement No. 6864 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 402-5 of the Greenbook. 402-5.1 CAUJ TfATING IDLE TIME Equipment idle time will calculated in accordance with Subsection 7423 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 7-4-2.3. - END OF SECTION - II-B-35 Agreement No. 6864 SECTION II.I— SPECIAL PROVISIONS 1-0. GENT RAI.. SCOPI TIiII l'OR COi1PLE"I"lON ANI LOCATION OI WORK 1-L General Sco e of Work.: The work to be done consists of furnishing all materials, tools, equipment, labor, supervision, incidentals, and related work for renovation improvements as required in the specifications, plans, and contract documents for the following project: "Urho Saari Swim Stadium / Plunge Renovation Project". 1-2. Location of the Work The project will occur at the Urho Saari Swim Stadium, 219 W. Mariposa Avenue, El Segundo, CA 90245. 1-3. Workia Da sand"I"inae for Cora letior: Contractor shall commence administrative and procurement work on the date specific in the Administrative Notice to Proceed to be issued to the Contractor by City of El Segundo Public Works Department. Administrative and procurement work shall include lead-times and shall be completed within eighty (80) working days after the date specified in the Administrative Notice to Proceed. At the end of the administration and procurement work period, the City will issue a Construction Notice to Proceed for the construction phase to begin" Contractor shall complete the construction work in three hundred (300) working days, including mobilization and demobilization. 2-0. NOTIFI:ATI:ON'S The CONTRACTOR will notify all agencies listed here a minimum of forty-eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE Start of work, Cheryl Ebert, Public Works Project Mgr 310-524-2321 shutdown of Lifan Xu, City Engineer 310-524-2368 work, or Elias Sassoon, Director of Public Works 310-524-2356 resumption of Victor Lopez, General Services 310-524-2715 work after Superintendent shutdown -. 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 2. City of El Segundo — Water Division III-A-1 310-524-2742 Agreement No. 6864 2-1 2-2 3. City of El Segundo — Wastewater Division 4. City of El Segundo — Recreation, Parks, and Library 5. Southern California Gas Company 6. Southern California Edison Company (SCE) 7. AT&T 8. Time Warner Communication (Cable) 9. Los Angeles County Sanitation District 10. El Segundo Unified School District No Parking Notifications 310-524-2754 310-524-2707 310-671-9002 310-417-3366 310-515-4430 310-768-0400 Extension 414 310-699-7411 310-615-2650 The Contractor shall post City -approved temporary NO PARKING notices a minimum of seventy-two (72) hours before the start of operation. The CONTRACTOR shall promptly notify City staff once posting is completed in order to ensure the 72-hour requirement has been met. The dates and times on the signs shall be site specific and shall cover the minimum time required for "NO PARKING" to facilitate construction. Generic long-term "NO PARKING" time designations are not acceptable. Parking shall not be restricted during any period when construction activity is not scheduled at this particular site. Contractor and contractor personnel parking shall not be permitted on neighboring residential streets, including, but not limited to, Richmond Street, Concord Street, and Virginia Street. Temporary parking plan during construction shall be submitted to the City for review and approval, prior to any work. Notification of Residents and 13rrsinesses The City will require the Contractor to distribute one (1) "Public Notice" to each resident and business affected by the construction within 2-blocks in each direction of project limits. Notices must be approved by the City prior to distribution. Notices shall be distributed minimum five (5) calendar days prior to the start of any work. Notices 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, City website information, 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. III-A-2 Agreement No. 6864 3-0. MOUL ATION 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. Providing on -site sanitary facilities. 5. Arranging for and erection of Contractor's work and storage yard. 6. Posting all OSHA required notices. 7. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval. 8. Distribution of a City -approved Notice to Business and Residents at least one week prior to construction. 9. Re -notification of all affected parties for all construction schedule changes. 10. Protection of uti l ity 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. 11. Coordinating with Underground Service Alert (USA) or Dig Alert to mark underground utilities before any excavation. 12. Coordination with utility agencies, street sweeper, and waste hauler to avoid conflicts during project activities. 13. Bringing unforeseen field conditions to City staff s attention in a timely manner. 14. Restoration of private and public property to existing standard conditions upon demobilization. 15. Installing and removing of all temporary facilities required for operations. 16. Removal and disposal of any existing unused materials From the project sites. 17. Furnishing temporary water services to maintain water services to consumers at all times. 18. Demobilization. 3-1. UnderZround. Sec -vice Alert Notlltcation 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. 3-2. Demobilization 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 genet -at cleanup activities and specific punch list items and cleanup activities determined by the City staff or their representative, to repair or replace any private or public facilities damaged by the construction and III-A-3 Agreement No. 6864 return public right-of-way to the same or better condition as that existing prior to construction. 4-0. CLEARING AND GRUBBING 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. 5-0. TRAFFIC CONTROL Traffic control shall conform to the provisions of Part 6 of the Standard Specifications and these Specifications. The scope of work under traffic control includes but is not limited to: 1. Notification of City staff and residents/pedestrians, including temporary warning and safety signage leading to areas where construction is occurring or where materials are being staged. Notification shall take place at least 72 hours before construction as well as during construction. 2. Traffic control as required per W.A.T.C.H. manual and CA MUTCD or approved traffic control plans. 6-0. CONSTRUCTION & DI-MDI ITION MATERIAI. S RECYCLING RE UMEMEN"P 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: 6-1. GENERAL 6-1.1. 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. III-A-4 for g 1 N 6-1.2 rim Ut 'AB a 39„ requires that. ,,ernent Act of 1 ( nh6N(AY4864 the integrated SolidWaste Mana osecl in lr ndlrlls tonnage of solid waste disposed materials es throughout the state develop source reduction, ie , localities composting programs to reduce the require may increase ieve these diversion Cates,be by 50 /�- this q to ach d by the Work are targetedgenerated rig tk�e cork shall nd generateweight of the solid wastes g recycling, b wail, A minlinum of 5i1� - ydis oral tliroiigli a combination of reiise�Yiecy nt diverted from land"" p Debris, Management corn activities. iiirements for sril t �tand during' al Of C � project, submittal ! te ,Fills section includes recp Plan prior to the cornmencemerrt of the f approval of pi ogress ive reports for construction of �lemoliticii was of C;oi�tractor's quantitative completion of the iraterials generated by the contractor office andrlollowing comp . ion of tile release o final project retention. payments submitted to tlae Caintracting project, as a condition 1i11re air°, accepts is non-haaiMdoris waste such ngThousehold, resulting 1`iom construction, y ennit Class 111 I an ndl ri ustr alrlwaste„l that a r Call ecycle} commercial, Class ill landfill must 'have ndl ecovery a(Cal p' operations. A cling a and demolition op artment of Resources 'Recycling from the California the' Agency materials and solid regulated by the lnforcernent Ag °' debris, Building or demolition and be i`eg cleanup, I"itle repair, Regulations, Construction and emocl onstrrc do remrrdeling� , Californiaode of Reg rate, waste resulting fromalt, cone term includes, but is not limits d to, asps operations that are not l�aardi� s as defined ir°i Car oai•d ai�ad otl�ier associated rap cardb 22, Section 66261.3 et seq. h w illboard, and steel. 'The debris brick, l umber, gypsum etin , lactic pi e, portland cement, is and other vegetative matter resulting yin roofing material, ceramictree stump , g p land development projects. packa g,, may be commingled with rock, ,,oil, for construction gineer or designee. of El Segundo City Ong from land clearing and landscaping �� material tl°iat has been. C. Contracting Officer° The City facility that receives only (disposed) ainout�t oiwaste . CAD �ec,yclirg f cntei°. A in which the residual (disF cling, by prior to receipt% separated for reuse p ,than '10'��� of the amount separated for reuse or rec in the material is less including stockpiling weight. . , n dcbris tl�iat has not been sorted than0 days; Disposal. Final, deposition of C+ litroor nert debris into an greater ° ristruction and E. Dispos eino is for a period o time rocessnAg or onto land of cO or resale, rcl► stockpiling, ilia processing rester than one year, or stockpiling demolition debris that has been sorted for further p and construction and . for a period of tinge g year, lin ei°iod of time greater that" one y resale, if such stockpiling onto land of inert debris that is 10i° ap cling of consti°action and demolition debris to F. Diversion roar Divert, etlandfill, use or ant agency as defined in Public Resources avoid disposal ens (EA). p,nfrcem only G. E'nforcement Agencydis osal facility that accepts Code 40130. or lncrt N aste 'Landfill. A rincoiitaininated concrete H. Inert Disposal Facility full cured asphalt paving, brick, glass, steel reinforcing rods einbeddcd in the concrete, inert waste such as soil and rock,. y (including fiberglass off. and ceramics, for land disposal. III-A-5 1. Inert Agreement No. 6864 Solids or ]zaer•t paste, and concrete tlaa�t ,� on-licluid ��.�li wastes iraclrrdin concentrations ' rant contarra Board in cess hazardous pursuant to of'ater clualit waste or s and do T�i isiora 7 objectives established es not; costar"rr sr;raacar�otloras t3 of J. lied C& quantities of se(l) of the &D ebris, loads that %raclude c decom C�al¢r debrr"s generated at the coca tr"action site poecycl solid re, 1. mixed .debris 1�ec commingled recyclable arid" . waste and/ear rec ycling pacco ye.lira ' A processing f`acili and co rrrpostalale materials ]"or the ^" that accepts :�. lee c lyre " materials and disposil ryPurpose of to " . The process Of sorting, the non -rec recyclable reusable, r,. the purpose oFrrsin flee altered fa l Cleansing, y ble residual materk, does not include bargain treating and reconstitut. Reuse, the manufacture of"a new Ing.n aten, r �, inciraerrrtin Tlae tree of material fleet mail otlarraaall product. lorry& as r"t was y destroyin ter yc w e Produced, rse be solid 'waste. pirated I'or discarded, ir, the same or simila. separated or l�.t Materials, iracludira sortingkept separate from flee solid � coraararin led rec or separate processing of those Materials For reuse yclables, that lame to the strearaa For the been econoralic mainstrea purpose of additional reconstituted earn tra the car recycling in order to return Iona Marketplace Products hicla rraee form, of raI rnater'ial .For w. solid plates, and includes neaten lst that have b �� new, waste y standards raecdssa , reused, or l of r to public Resources f been to be, used in the p our•ce--Separated. source se ^faterials ,ode section ] ] pasted. separated or kept se , Includin, coraarSe the purpose of add -Separate from the solid filed recyclables recyclin waste stream at flee fleet laar�e been in order to return tlaerar or Processing point or, materials for to fire econorr col those ener generation for new, r Materials for necessary to be eased„ or reconstituted matrrstrea r`eusc or used in the raaarl�ct products min flee f"ray°rya of'r��r�u• place. which meet tile quality .Y standards fill-� 1.' Not Used. 6-3, EXEC. iJTIO 6-3.1. SAL JAGE3. RF _US A. Tderat�f 11 pli'l`l reuse„ salsa fl of local or �°ani atioage, an recycling Facilities: ltt s:// companies Defer. to fife "r't '�.le undo -or :/ y s "webscte for a list l " e eiop grad iraa le overn ent/de and ecaatiorr p rnerat r artrraents.� ublic p 0cedtrres to reuse corks/trash-r`ec �araa e materials, based oil the salvage, and recycle� clr"r�t g merit playa, estimated salvage, Documents the new construction recycling facilities. quantities of available , quantities may d " Debris Waste recycling and/dr raai� e�d include materials, and availability 1. ldentit , materials debris 'recycling,on-site recyclIn y of" fleet are Feasible forts,, source separated storage, and tr•arrs for Explore the portation of alvag'e, determine re laossib�ilit materials to a sal�a " e " concrete y 01`reusin �uiremerats for site dirt and a projectjob-Site facility" g"greate, on -site liar road base or other siminert ilar uses.,. III-A-6 Agreement No. 6864 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. c. Red Clay Brick d. Soils e. Other materials, as appropriate, such as wood and corrugated cardboard. 4. Develop and implement a program to transport leads 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. 6-3.2. DISPOSAL OPERATION'S AND WASTE HAL3LING 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:. ht-t s:llwww.else aar�do.orlovernmentl'de�a�ttncm�ts/ ulalic-vvorksJtrash-c•ec clir��� C. Become familiar with the conditions for acceptance of new construction, excavation and demolition materials at recycling facilities, prior to delivering materials. 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. 6-3.3. REUSE AND DONKFION OPTION'S A. Implement a reuse program to the greatest extent feasible. Options for reuse may include, but are not limited to: I. 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 lrtt, :1/'vwv.Lad w.or /e d/lacoma,. 2. California Materials Exchange (CaIMA) 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 III-A-7 Agreement No. 6864 online resources for exchanging materials. The site can be accessed at ww^.cal!•ec r:le.ca. ovf°aIMA�. 3. Habitat for Humanity Restore resale outlets accept donated home improvement goods like furniture, home accessories, building materials and appliances. The materials are sold to the general public. The proceeds help local Habitat affiliates fund the construction of Habitat homes within their communities. Locations of ReStores can be found at: www.habitat.or restores. 6-3.4. REVENUE Revenues or other savings obtained from recycled, re -used, or salvaged materials shall accrue to Contractor unless otherwise noted in the Contract Documents. 7-0. 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. 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. i. No work shall be permitted on Sundays or holidays. ii. Overtime inspection fees (4 hour minimum) shall be arranged in advance. 3. The Contractor shall coordinate all inspections and final sign -offs for permits and the project with Public Works Department and Community Development Department staff. 8-0. EXAMINATION OF JOB SITE AND M1"AS11REMEN'T'�r°1" RIFICA°l"ION` °I"lie 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. 9-0. INSPECTION Subsection 4-1.3 of Section II — General Provisions of these Specifications is supplemented by the following additional requirements: III-A-8 Agreement No. 6864 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 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. 3. Legible copies of material/weight certification shall be turned over to the 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. 10-0. WO I K _AREASAFETY 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). 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. 11-0, USE OF PRIVATE PROPERTY" AND PROTECTION OF Ey1STlx IMPROVN NTS 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. 1. Existing public and/or private 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. 12-0. STORAGE OIL MATERIALS AND EQUIPMENT No material or equipment shall be stored in public right-of-way without prior approval from the Public Works Department. 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. III-A-9 Agreement No. 6864 3. The sites for stockpiling and batching materials shall be clean and free from objectionable material. 4„ The City does not 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. 13-0. DISPOSAL ail, REM0 VAI.S 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. 14-0. BU1LI 1N{3 SAINET' AND PIlI3I IC W111 S ENCI fiACI-1MEN"l" PERMI°I"S The Contractor will be required to apply and obtain applicable permits from the Public Works and the Building Safety Departments. 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. 15-0. SURVEY I IDNUMENTATION PRESERVATION The Contractor shall locate and reference existing survey monumentation in the way of construction and submit verification to the Engineer prior to demolition/removal. If they cannot be protected in place, Contractor's state -licensed surveyor is to re- establish them after construction and provide the City with the new centerline tie information at no additional cost to the City. Upon discovery of a survey monument not identified on the project plans, immediately stop work near the monument and notify the Engineer. Do not resume work near the monument until authorized. 15-1. Tie-Dut anal lie-e ablisl Surve 1 lon arr ents anal Benchmarks: In accordance with Section 8771 of the Business and Professional Code, the Contractor will be required to hire a licensed land surveyor to tie out documentation affected by the project prior to commencement of construction and require the land surveyor to file corner records with the engineer; and re-establish and such monuments or benchmarks damaged or destroyed during construction and file corner records with the Los Angeles County after replacement. III-A-10 Agreement No. 6864 16-0. WATER POLLUTION CONTROL Water Pollution Control shall conform to Section 3-12.6 "Water Pollution Control" of the Standard Specifications and these Specifications. 16-1. NPDES COMPLIANCE Contractor shall comply with the latest version of the Los Angeles Regional Water Quality Control Board (LA RWQCB) NPDES MS4 Permit and the NPDES California Construction General 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 2022-0057-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. 17-0. TREE &: _TREE ROOTS Tree stump definition: the remaining portion of the tree trunk after a tree trunk has been cut and the majority of the felled tree removed. Tree root definition: the portion of a tree that grows out of a tree trunk and can continue to grow above ground and/or underground, providing the tree with nourishment and support. Tree roots can be any length or diameter. After a tree has been cut down, tree roots continue to extend from the stump. No tree shall be removed from public property without the approval of Recreation and Parks Department. Asphalt pavement significantly damaged by tree roots shall be repaired prior to final paving. The Contractor shall coordinate with City staff for Recreation and Parks Department to assess, after removal, if tree root barrier installation or full tree removal is necessary. The Contractor may move on to a construction on a different portion of the project in the interim. III -A -I I Agreement No. 6864 The Contractor shall be responsible for removing any remaining tree stump and roots in the parkway, or tree roots in the pavement, as applicable to the project. Any removal necessary for the construction of concrete or asphalt improvements shall be completed before the replacement of the concrete or asphalt. Where tree roots have damaged and uplifted the asphalt to be replaced per these specifications, the contractor shall sawcut beyond the damaged area by a minimum of 6 (six) inches in all applicable directions. Sawcuts shall be parallel or perpendicular to existing curb face. Contractor shall cut all interfering tree roots, and remove and repair the portions of damaged asphalt within the sawcut area. 18-0. CURB DRAIN OUTLETS The Contractor shall reconstruct all curb drainage outlets that fall within the limits of his/her work. 19-0. TRAFFIC CONTRI10L PUBLIC SAF''ETY AND CONVENIENCE Traffic control, construction signing, and traffic maintenance shall comply with the provisions of Part 6 of the SSPWC "Greenbook" Standard Specifications and the current requirements set forth in the California Manual on Uniform Traffic Control Devices published by the Department of Transportation, State of California, the Contractor's Traffic Control Plans and these Special Provisions. 20-0. "TRASH PICKUJ-) S'rI EEE S WEEPING AND iVlA1L DELIVERIES `R1E5 The Contractor shall coordinate with the City waste hauler and the City street sweeper to avoid construction conflicts on days when trash will be collected or streets will be swept on the project streets. If applicable, the contractor must also coordinate with the US Post Office to ensure that mail will be delivered without interruption, The notification to the US Post Office shall be submitted to the City for approval before the notice is sent out. 21-0. 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 and Building 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. 22-0. WARRANTY The Contractor and/or manufacturer shall warrant all work performed under this Contract for a minimum of two (2) years from the date of Owner's acceptance of III-A-12 Agreement No. 6864 completed job, or as defined in the Project Manual/Technical Specifications, whichever is greater. Any defects in materials or workmanship appearing during this period shall be corrected without cost to the City. - END OF SECTION - III-A-13 Agreement No. 6864 CITY OF ELSEGUNDO January 17, 2024 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 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. A comment was received during the bid phase asking the City to extend the current bid opening date by 1-week. The City is not able to extend the bid date. The bid due date and time is still Tuesday, January 23, 2024, at 11:00 am. 2. Technical questions received during the bid phase are responded to by Arcadis and are included as an attachment to this addendum. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non -responsive and subject to rejection. Signature: Print Company Name: Page 1 of 1 Date: 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 6864 ADDENDUM NO CLIENT / PROJECT: ARCHITECT'S PROJECT NO. ARCHITECT: City of El Segundo Urho Saari Swim Stadium Cheryl, Ebert City of El Segundo Urho Saari Swim Stadium 138147 Arcadis, a California Partnership 537 South Broadway, Suite 500 Los Angeles, CA 90013 D.S.A. APPLICATION NO. NA D.S.A. FILE NO. NA DATE ADDENDUM January 12, 2024 BID OPENING LOCATION: 350 Main Street, ElSegundo, CA 90245 BID DATE: January 23, 2024 BID TIME: 11.00 am O.P.S.C. APP. NO. NA NOTICE TO ALL CONTRACTORS SUBMITTING BIDS FOR THIS WORK AND TO ALL PLAN HOLDERS: You are hereby notified of the following CHANGES, clarifications or modifications to the original Contract Documents, Project Manual, Drawings, Specifications and subsequent Addenda. This Addendum shall supersede the original Contract Documents and previous Addenda wherein it contradicts the same and shall take precedence over anything to the contrary therein. All other conditions remain UNCHANGED. A. CHANGES AND/OR CLARIFICATIONS TO THE PROJECT MANUAL, CONTRACT DOCUMENTS AND SPECIFICATIONS: Item (01) Refer to Section 06 7300 Composite Decking, Part 2.1-B. Timber Tech Decking is an acceptable equal product/system providing the manufacturer/installer provide all the required accessories and components for a complete installation as specified herein. ADDENDUM NO. 1 - Page 1 City of El Segundo 138147 Urho Saari Swim Stadium Agreement No. 6864 B. CHANGES AND/OR CLARIFICATIONS TO THE DRAWINGS: Item (03) REFER TO MECHANICAL SHEET M2102 A. Replace sheet in its entirety per attached sheet M2102R Item (04) REFER TO MECHANICAL SHEET M2401 A. Replace sheet in its entirety per attached sheet M2401 R Item (05) REFER TO ARCHITECTURAL SHEET AD1101 A. Replace sheet in its entirety per attached sheet AD1101 R Item (06) REFER TO ARCHITECTURAL SHEET A1101 A. Replace sheet in its entirety per attached sheet A1101 R Item (07) REFER TO ARCHITECTURAL SHEET A6101 A. Replace sheet in its entirety per attached sheet A6101 R C. QUESTION AND RESPONSE: Item (08) REFER TO STRUCTURAL SHEET S5.31 Q. Column FRP Strengthening. What is the existing concrete compressive strength (fc) of the columns to be strengthened with FRP (or what should be assumed for design)? A. f'c=3,000 psi 2 ADDENDUM NO. 1 - Page 2 City of El Segundo 138147 Urho Saari Swim Stadium Agreement No. 6864 Item (09) REFER TO STRUCTURAL SHEET S5.31 Q. Column FRP Strengthening. What is the existing longitudinal steel rebar (size & grade) within the columns to be strengthened with FRP (or what should be assumed for design)? A. (6)#6, fy=40ksi Item (10) REFER TO STRUCTURAL SHEET S5.31 Q. Column FRP Strengthening. What finishes are required for the columns to be strengthened with FRP? A. FRP wrapping to be painted IP-1 to match adjacent walls. Item (11) REFER TO STRUCTURAL SHEET S5.31 DETAIL 1 NOTES 5 AND 6 Q. It is not clear which columns to be strengthened with FRP are columns requiring axial strengthening, or columns requiring lateral strengthening. Please clarify. RFI question 5 (pertaining to note #6) is irrelevant if axial capacity does not need to be increased by at least 10%. A. Columns requiring FRP is shown on S2.01 with "FRP-A" symbol. Item (12) REFER TO STRUCTURAL SHEET S5.31 DETAIL 1 NOTE 6 Q. It is not feasible to increase the factored axial capacity of the columns by 10% due to the large aspect ratio of the columns to be strengthened as per ACI 440.2R-17. Assuming the existing concrete compressive strength of the columns is 4000psi, the axial load carrying capacity can be increased by approximately 4-5%, per ACI 440.2R- 17. Shall all bidders design the FRP jackets to provide the equivalent tensile hoop capacity to #4 closed steel ties spaced at 4 inches along the height of the columns, as well as increase the axial capacity by minimum 4%? A. Strengthening for axial capacity not required. Provide FRP equivalent #4@4 confinement for entire height of column as noted on plans. Item (13) REFER TO ARCHITECTURAL SHEETS AD1101, A1101, AND A6101 REFER TO SPECIFICATION SECTION O8 71 00 DOOR HARDWARE, PART 3.7 Q. Please confirm that concrete wall opening at exterior door may be enlarged to allow for installation of QTY (2) EKO113 SYSTEMS GEN 2 #EKO-42230-T-2 main pool filters. Both filters have a nominal diameter of 42". This dimension was confirmed with EKO. The concrete opening shown is 40" wide. A 48" hollow metal door would provide long- term filter access from the exterior, if acceptable. If opening may not be widened, please confirm alternate pool filter specification. A. Mechanical Room exterior door will be enlarged horizontally by 8". Refer to attached revised architectural sheets AD1101 R, A1101 R, A6101 R. Refer to revised specification Section 08 71 00 Door Hardware, Part 3.7 Hardware Group No. 02A. ADDENDUM NO. 1 - Page 3 City of El Segundo 138147 Urho Saari Swim Stadium Agreement No. 6864 CONFORMANCE WITH CONTRACT DOCUMENTS, PROJECT MANUAL, DRAWINGS AND SPECIFICATIONS All addenda work shall be in strict conformance with the Contract Documents, Project Manual, Drawings and Specifications as they pertain to work of a similar nature. Arcadis, 4Thmn'as fornia Partnership BY: Moore, LEED AP #C21306 ADDENDUM NO. 1 - Page 4 City of El Segundo 138147 Urho Saari Swim Stadium AgrEepeni No. �86 - i- Nil j 1 im met a L 1E - - - -------- J I B I OB . . . . ........... . . . . ........................... . . . . ............... . .... . .. ... . ...... Agree�ent Nq. 6 ix PP IN ...... . . . ...... . .... . C HEN" ui HN41 iL HH, LU .............. . .. .......... LU uj n uj LU D- . . .. ......... ... . ..... ..... 0 -3 Hag HAI Ifli H P h lid 1 5 H Im U10 C) . . . . ..... '�cg-rE� Cht Ivo. pf "gp il 1p- - , ------- - - -------------- . . ........... . . . . . .. .... Agreement No. 6864 CITY OF ELSEGUNDO January 22, 2024 ADDENDUM NO.2 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for URHO SAARI SWIM STADIUM / PLUNGE RENOVATION PROJECT PROJECT NO.: PW 24-02 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 has been extended to Tuesday, January 30, 2024, at 11:00 am. 2. The HVAC system should be bid as currently designed. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non -responsive and subject to rejection. Signature: Print Company Name: Page 1 of 1 Date: 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489