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CONTRACT 7064 Public Works ContractAgreement No. 7064 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND CJ CONCRETE CONSTRUCTION, INC. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 This CONTRACT is entered into this 21st day of August, 2024 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and CJ CONCRETE CONSTRUCTION, INC., ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the 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 TWO 1UNDRED T EN'TYJHREE THOUSAND FOUR IJU1" DR D Dollars ($2123 0) plus a contingency amount, which may or may not be used, of TWENTY-TWO -TWO TIJOUSAN Ot.JR I~II..YNDRED Dollars , 22,400) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I-D-1 Agreement No. 7064 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within 30 (thirty) working days (the "Contract Time.") B. The Contract Time will commence when the City issues allotice 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 I-D-2 Agreement No. 7064 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 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 five (5) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either parry by the other parry will be deemed made when received by such party at its respective name and address as follows: ThLCity Cheryl Ebert Acting City Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524-2321 The Contractor, John Sarno President CJ Concrete Construction, Inc. 10142 Shoemaker Ave. Santa Fe Springs, CA 90670 (562) 777-2222 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. I-D-3 Agreement No. 7064 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 7064 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. IJ' 0'F EL SEGUNDO Dai I George, City Manager A°.17 .-ST -_--....Aya— Tracy W eaves , City Clerk APPROVED AS TO FORM: MARK D. 1- ,'N l.,E , City Attorney ME Joaquil� azquez, As�sista:�City Attorney CJ C0NCWIC�f �CTI0N, INC. John Sarn, President Name:... -.- Title: pjariCk f Taxpayer ID No. qS qY7 010 C Contractor State 7�a9� License No.: ...._. Contractor City Business License No.: Insurance Reviewed by:.. IT m .. 01 0-q I-D-5 Agreement No. 7064 PROPOSAL FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 Date JUYJ Ol , 2024 Company Name: CJ Concrete 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 effect bid prices. If this proposal is accepted for award, BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all apparent expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER, including sending by U.S. Mail a Public Works Contract for signature by the Awardee, the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I-C-1 Agreement No. 7064 EQUAL EMPLOYMENT OPPOR'l- NITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 7064 BID SCHEDULE CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO.602708-23 Company Name: CJ CONCRETE CONSTRUCTION INC. Base Bid Items Item Description Corner Unit Qty Unit Cost ($) Total ($) No., 1 Mobilization/Demobilization� I LS 1 12,600.00 12,600.00 2 Construct New Curb Ramp Incl. Truncated Domes and Adjacent 3-Feet-Wide Asphalt Slot Patch 2-1 W. Holly Ave./Valley St. NE EA 1 $7,000.00 $7,000.00 2-2 W. Holly Ave./Valley St. SE EA 1 $7,000.00 $7,000.00 2-3 W. Holly Ave./Loma Vista St. SE EA 1 $7,000.00 $7,000.00 2-4 W. Holly Ave./Loma Vista St. SW EA 1 $7,000.00 $7,000.00 2-5 W. Holly Ave./Loma Vista St. NW EA 1 $7,000.00 $7,000.00 2 6 Alley Entrance on north side of W. Holly NE EA 1 $6,000.00 $6,000.00 Ave. between Whiting St. and Vir inia St. 2-7 Alley Entrance on north n north side of W. Holly NW EA 1 $6,000.00 $6,000.00 Ave.lEntrance between W � St. and Vir'��nia St. 2-8 Alley Entrance on south side of W. Holly SE EA 1 $6,000.00 $6,000.00 Ave. between Virginia St. and Concord St. 2 9 Alley Entrance, south side W. Holly Ave. SW EA 1 $6,000.00 $6,000.00 between Concord St. and Richmond St. 2-10 1 W. Holly Ave./Richmond St. NW EA 1 $7,000.00 $7,000.00 2-11 W. HollyAve./Virginia inia St. g NE EA 1 $7.000.00 _ $7,000.00 2-12 W. Holly Ave./Virginia St. SE EA 1 $7,000.00 $7,000.00 2-13 W. Pine Ave./Valley St. SE EA 1 $7,000.00 $7,000.00 2-14 W. Pine Ave./Valley St. SW EA 1 $7,000.00 $7,000.00 2-15 Alley Entrance on north side of W. Pine NE EA 1 $6,000.00 $6,000.00 .l, Ave. between WhiIinSt. and Vir, St. 2-16 Alley Entrance on north side of W. Pine NW EA 1 $6,000.00 $6,000.00 Ave. between WhitingSt. t�and Virginia St. 2-17 W. Pine Ave./Loma Vista St. ::N:E EA 1 $7,000.00 $7,000.00 Subtotal Base Bid Items 1 through 2-17 I-C-3 a Agreement No. 7064 Alternative Bid Items Determined by the (`i1y on an as -needed basis) Will Description Corner Unit Qty Unit Cost No Install Yellow Truncated Domes onto Existing ADA Ramp Alley Entrance, south side of W. Holly - SE EA 1 $900.00 $900.00 3-1 Ave. between Loma Vista and Whitin-ti St. 2 Alley Entrance, south side of W. Holly SW EA 1 $900.00 $900.00 Ave. between Loma Vista and WhN1��, St. 4 Construct Additional New Curb Ramp Incl. Truncated Domes and 3-Feet-Wide Asphalt Slot Patch 4 I ............. W. Pine Ave./Loma Vista St: NW EA 1 $7,000.00 $7,000.00 4-2 W. Pine Ave./Loma Vista St. SW EA 1 $7.000.00 $7.000.00 4-3 W. Pine Ave./Whiting St. NE EA 1 $7,000.00 $7,000.00 4-4 W. Pine Ave./Whiting St. SE EA 1 $7,000.00 $7,000.00 4-5 W. Pine Ave./Whiting St. SW EA 1 $7,000.00 $7,000.00 4-6 W. Pine Ave./Whiting St. NW EA 1 $7,000.00 $7,000.00 4-7 W. Pine Ave./Virginia St. NE EA 1 $7,000.00 $7,000.00 4-8 W. Pine Ave./Virginia St. SW EA 1 $7,000.00 $7.000.00 4-9 W. Pine Ave./Virginia St. NW EA 1 $7.000.00 $7,000.00 4-10 W. Pine Ave./Concord St. NE EA 1 $7 000.0) $7,000.00 4-I 1 Sheldon St./C. Mariposa Ave NE EA 1 $7,000.0 0 7 $ ,000.00 4-12 Sheldon St./E. Mariposa Ave. SE EA 1 $7.000.00 $7,000.00 4-13 _Sheldon SUE. Mariposa Ave, SW EA 1 $7,000.00 $7,000.00 4-14 Sheldon SUE. Mariposa Ave. NW EA 1 $7.000.00 $7,000.00 4-15 Sheldon SUE. Oak Ave. NW EA 1 $7.000.00 $7,000.00 i-C-3 b Agreement No. 7064 Alternative Rid Items. Continued t'Determined 1w the City on an as -needed basis) Item Description Corner Unit Qty Unit Cost Total No. 5 Inventory and re-establish existing LS 1 centerline -tie -related corner nails and tags $10,000.00 $10,000.00 Construct 4-Inch-Thick ADA-Compliant Concrete Sidewalk on 4-Inch-Thick SF 500 $20.00 $10,000.00 F6 Aggregate Base, to Join to Curb Kane Construct Concrete Curb Including 3- 7 Feet -Wide Asphalt Slot Patch, to Join LF 100 $50.00 $5,000.00 to Curb Ram Remove and Replace Additional 6- 8 Inch -Thick x 1-Foot-Wide Asphalt Slot SF 100 $ 30.00 $3> 000.00 Patch over 6-Inch-Thick Aggregate Base _ 9 Miscellaneous Improvements �w.......... ..... __ LS 1 .. $5,000 Subtotal Alternative Bid Items 3 through 9 $265,400.00 _ $ 265,400.00 TWO HUNDRED SIXTY-FIVE THOUSAND FOUR HUNDRED DOLLAR AND ZERO CENTS All work shall be per these specifications and attachments. Prevailing wage rates applN`. The City ()fEl Segundo reserves the right to re,,ject any or all bids, to v,y7aj%`e any irregularity, andl to take all bids tinder advisement for a period of ninety (90) calendar clays. I-C-3c Agreement No. 7064 THIS PAGE LEFT BLANK I-C-4 Agreement No. 7064 BIDDER'S INFORMATION Company Name: CJ Concrete 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 Calitorn-i Business CJ Concrete Construction, Inc.. Address 10142 Shoemaker Ave. Santa Fe Springs, CA 90670 mm - Telephone No. (562)777-2222 Facsimile No. N/A State Contractor's License No. and Class 720989 DIR# 100 000 2154 ..............Expiration_ ... State License Original Date Issued 04/08/1996 Date 04/80/2026 The following are the names, titles, email addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: John Sarno - President - (562)777-2222 - ienifer@ciinc._biz 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: 111W I-C-5 Agreement No. 7064 BIDDER'S INFORMATION (CONTINUED) Company Name: CJ Concrete Construction, Inc.. Bidder shall list the name of the person who attended the mandatory pre -bid job walk: M^w Name: John Sarno Title: President I-G-6 Agreement No. 7064 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforenamed principals this 011 BIDDER CJ Concrete Construction, Inc. 10142 Shoemaker Ave Santa Fe SrirasMA90670 Subscribed and sworn to this NOTARY PUBLIC day of July , 2024 . day of , 20. 1-C-7 Agreement No. 7064 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 YSee Attached Document (Notary to cross out lines. 1-6 below) See Statement Below (Lines 1-6 to be completed only by document sgner(s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) 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 C lifornia County of�. `t�'s r.� A�gi1mAM " NANCY A. RCMO Notary Public'- California Los Angeles County � Commission /i 2490800 ,Y Comm. I' Jun 19, 2028 Subscribed and sworn to (or affirmed) before me on this 1 day of 20a by Date d4nth Year (and { ............ ...................... - ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the A person(s) who appeared before me. Signature iCVC�l Sign re of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D lament � `� Title or Type of Document: _.�. Document Date: Number of Pages: . S`igner(s Other Than Named Above: _.......... ......_� ..........._............_. 02014 National Notary Association • www.National Nota or 1-800-US NOTARY 1-800-876-6827 It Agreement No. 7064 PROPOSAL GUARANTEE BID BOND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO. 602708-23 KNOW ALL MEN BY THESE PRESENTS that, CJ Concrete Construction, Inc., as BIDDER, and Merchants Bonding Company (Mutual)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 26 day of June 2024 BIDDER* CJ Concrete Construction, Inc. SURETY* Merc is Bonding Company (Mutual) Ted H Rarrick , Attorney -in -fact 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. CJ Concrete Construction, Inc., 10142 Shoemaker Ave, Santa Fe Springs, CA - (562) 777-2222 Merchants Bonding Company (Mutual) P O Box 14498, Des Moines, IA 50306 - (800) 678-8171 I-C-8 reement No. 7064 � 10 112 MIA fMAX'"1 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 County of On before me, � "� � � �� G t' eme insert name.. and tille of the officer) pers 'nalt1yappea rea e who proved to me on t basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. No *,MY NANCYA.ROMO ITNESS my hand and official seal. _tary Public - California Los Angeles county Commission q 2490800 Comm. Expires Jun 19, 202a hd'o Public rttttJre (Notary Public Seal) INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION Thisformcomplies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHE DCCi�MENT if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long Cctt as the wording does not require the California notary to violate California notary VMS law. (T itle or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they— is /are ) or circling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this p Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a •• ffi to the title fie CEO CFO Secretary) cop —ate o cer, m Agreement No. 7064 State of Arizona County of Marico a On this 26th day of June , 20 24 before me personally appeared Ted H Rarrick personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Jennifer Castillo Notary Public - ARIZONA MARICOPA COUNTY Commission No. 603879 a hey Commission Expires May 16, 2025 By: Nota U Jennifer Cast My Commission Expires: May 16 2025 Agreement No. 7064 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Joseph A Clarken III; Melanie Ankeney; Patrick R Hedges; Ted H Rarrick their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and Is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -In -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making, payment of the final estimate to the Contractor and/or its assignee„ shall not relieve this surety company of any of its obligations under its bond. In connection with obligations In favor of the Kentucky (Department of Highways only, it Is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written persona$ notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 16th day of April 2024 «.***`"°'"**«, +•" '• • MERCHANTS BONDING COMPANY (MUTUAL) +"««'1("*'•, «+`i"(t ("Qi`" MERCHANTS NATIONAL BONDING, INC. dlb/a MERCHANTS NATIONAL INDEMNITY COMPANY O# 0. • 944Air * C. Mxµ- 21i'C »"w 19i By . �. President STATE OFIOWA ""x*5*rwwrw«r r«..rroM*« COUNTY OF DALLAS ss. On this 16th day of April 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. \xtA4 r Penni Miller Commission Number 787952 r a My Commission Expires $OWN January 20, 2027 . Nofa b (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) ,and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full' force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 26th day of June , 2024 ««'"«,",..fir**w�,*� �'aAM,'ar !F" 'xa fj r x 200 « � 04s 19 Secretary ��*fir******«*«««« *'� ♦ • ♦ • a. « POA 0018 (1/24) Agreement No. 7064 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 720989 Class No.: A 2. The expiration date of BIDDER'S Contractor License is: April 30 20 26_. 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 J u l_01 , 20 24, at (insert City and State where Declaration signed). John Sarno Typed Name President Title ....... ............ CJ Concrete Construction, Inc. Company Name.. I-C-9 Agreement No. 7064 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Los Anjeles John Sarno ___ , being first duly sworn, deposes and say that he or she is President of CJ Concrete Construction, Inc the parry making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. *rc� Signa John Sarno Typed Name Pre3ident __._...... m Title CJ Concrete Construction, Inc. Name of Bidder...........�m /Company Name Date July 01, 2024 I-C-10 Agreement No. 7064 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 performrice of the work of this contract." Signature of Bidder: Title: President Business Name: J Co noc to C ook tiovn., oc. Business Address: 10142 Shoemaker Ave. Santa Fe Springs, CA 90670 Telephone Number: LL62 777-2222 _............._._ Dated this O l day of _ _J u I 20 24. i-c-1 i Agreement No. 7064 DESIGNATION OF SUBCONTRACTORS CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO. 602708-23 Company Name: CJ Concrete Construction, Inc. As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Subcontractor's Contractor Description of License No., & Portion of Name of DIR Work Estimated Subcontractor Address Registration No. Subcontracted $ Amount n _ _ LavA (Number and Street) (CSLB #) 1 Un U14 N- t'ckh* S........ ��4L1...._._._ � i i';_eo Su�ry IYI' ,`VlG (City, Zip Code) (DIR #) Grp CA,a206(0� 100 000 l69N) . ................ . ........... . . ................ — 7 ...... ............ ................... .................. ...... ....... .............. ......... ............. (Make copies of this page if additional space is needed) ...n; .�.�.Y. 01, 24.... 02... Si iiature of Bidder Date I-C-12 Agreement No. 7064 REFERENCES Company Name: CJ Concrete 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: FY 23-24 CDBG ADA Ramp Replacement Location: Citv of Lakewood 5050 Clark Ave., Lakewood, CA 90712 Name and address of owner Publics Works Department - (562)866-9971 Name and current telephone number of person familiar with project Type of Work: Concrete Contract amount: $ 19200.00 ,0Date completed: 04/ 10/2024 ....... ..........._.— 1mm2,000.00 Amount of work done by my/our firm 9 under contract $__ w........ ......_._ Did your firm have any financial interest in Project? 2. Project Title: Annual Concrete Rena ir Location: City of Montebello 1600 W Beverly Blvd., Montebello, CA 90640 Name and address of owner Publics Works Department - (323)887-1200 Name and current telephone number of person familiar with project Type of Work: Concrete Contract amount: $ 1,208,926.00 _ Date completed: min 10/26/2022 Y Y 1,208, 6.00 Amount of work done b m /our firm under contract $ m 92 mmmmmmmmmmm Did your firm have any financial interest in Project? I-C-13 Agreement No. 7064 3. Project Title: Local Street Rehab Zone 1 ZZone 3 Location: City of N rwalk 12700 Norwalk Blvd., Norwalk, CA 90650 Name and address of owner Publics Works Department - (562)929-5700 Name and current telephone number of person familiar with project Type of Work: Concrete Contract amount: $_. 1,067,636.00 Date completed: mm_ 04/01 2 23 y y 11, Amount of work done b m /our firm under contract $ 1,067,636.00 �- Did your firm have any financial interest in Project? 4. Project Title: Omnibus Concrete Repair Location: Citv of Santa Ana 20 Civic Center Plz, Santa Ana, CA 92701 Name and address of owner Publics Works Department - (714)647-5400 Name and current telephone number of person familiar with project: Type of Work: Concrete Sidewalks Contract amount: $ 3,700,000.00 Date completed:. Dec 2023 Amount of work done by my/our firm under contract $wmm-3.J00,000.00 wwwwwmmmmmmmmmmmm Did your firm have any financial interest in Project? I-C-14 Agreement No. 7064 5. Project Title: On -Call Maintenance Location: City of Irvine 1 Civic Center Piz, Irvine, CA 92606 Name and address of owner Publics Works Department - (949)724-6000 Name and current telephone number of person familiar with project: Type of Work Maintenance p Contract amount: $ 922,984.78mmm__mmm mm_ Date completed: 06/30/2023 Amount of work done by my/our firm under contract $ 922,9m84 mm78 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: CBI Constructors Bonding, Inc. - 7220 N 16th St., Bldg K, Phoenix, AZ 85020 I-C-15 Agreement No. 7064 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO. 602708-23 Company Name: QJ Concrete ;nstruction 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 Pq 2. If yes, explain the circumstances: 1 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 ❑ .......... _. __ ... Bidd- is "'i mature John Sarno Name.......... (Please Print) I-C-16 Agreement No. 7064 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO. 602708-23 Company Name:.,,,,,, CJ Concrete 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 0106 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." July Owl , 2024 —' Date B i tt er's Signature I-C-17 Agreement No. 7064 CITY OF EL SEGUNDO COMMUNITY DEVELOPMENT BLOCK GRANT CDBG ADA CURB RAMP INSTALLATION PROJECT CDBG PROJECT NO. 602708-23 INSTRUCTIONS TO BIDDERS CHECKLIST OF REQUIRED FEDERAL LABOR COMPLIANCE DOCUMENTS TO BE COMPLETED SIGNED AND SUBMITTED WITH BID: Exhibit 6 Worker's Compensation Certification ° Exhibit 7 List of Proposed Subcontractors or Sub -Tier Contractors ° Exhibit 8 Certification of Understanding and Authorization ° Exhibit 9 Request for Additional Classification and Rate ° Exhibit 10 Non -Segregated Facilities Certification ° Exhibit 11 Past Performance Certification ° Exhibit 12 Notice of Equal Employment Opportunity ° Exhibit 13 Federal Lobbyist Certification ° Exhibit 14 County Lobbyist Certification i-c-18 Agreement No. 7064 END PROPOSAL SECTION I-C-19 Agreement No. 7064 EXHIBIT 6 Worker's Compensation Certification July 01, 2024 CDBG ADA Ramp Installation 602708-23 DATE PROJECT NAME PROJECT NUMBER CJ Concrete Construction, Inc, 562-777-2222 COMPANY NAME PHONE 10142 Shoemaker Ave., Santa Fe Springs, CA 90670 COMPANY ADDRESS I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's 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. John Sarno AUTHORIZED OFFICIAL NAME r� A4lTFduRICED ' F:'I IA Sw"8NA.1'1IR'zI°°:.. President AUTHORIZED OFFICIAL TBLE/CAPACITY DATE July 01, 2024 © MDG Associates, Inc. 2021 N L O u a L 0 u L N 17 H 0 1� N Q ('7 N = u o W �F NO C 0 10 u N Vl 0 M 0 L CL 0 H J N U C U N CV U m z .p z Lo z Z z a O x Q a w I w O d O 10 O Ol Q U N Q V) LL O C O N Q N u a) O w � Z r O 7- 0 U 10 N 00 Ln LO 0` w _---._....... ...... ............................................ ............._ fee.pert- . -70 4 a a� N 0 0 a Agreement No. 7064 EXHIBIT 8 Certification of Understanding and Authorization CDBG ADA Ramp Installation PROJECT NAME/NUMBER AWARDING AGENCY CJ Concrete Construction, Inc. ................ _......_ ................. ...._ _...... COMPANY NAME 10142 Shoemaker Ave., Santa Fe Springs, CA 90670 COMPANY ADDRESS 720989 95-4578126 80-288-8263 ........... ......._ ... _ .............. _......._ ... LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER This is to certify that the principal(s), and the authorized payroll officer listed below, have read the "Contractor's Guide to Prevailing Wage Requirements for Federally Assisted Construction" and the Federal Labor Standards Provisions (HUD-4010 form) and that both parties understand these requirements. The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project: PAYROLL OFFICER: (Individual Responsible for Signing Statements of Compliance) Rachel Jimenez NAME TITLE Payroll/HR July 1, 2024 9C d��0h`B�r' DATE PRINCIPAL OWNER I GENERAL PARTNER: (Listed on CSLB Personnel List) John Sarno President NAME TITLE July 01, 2024 SIGNAURE DATE © MDG Associates, Inc. 2021 Agreement No. 7064 EXHIBIT 9 Request for Additional Classification and Rate (Next Page) © MDG Associates, Inc. 2021 Agreement No. 7064 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMBAppm�21Number25010011 (Fxp_ er3,rzo221 1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER 'COMMUNITY DEVELOPMENT BLOCK GRAN ADA CURB RAMP INSTALLATION PROJECT City Of El Segundo 3. LOCATION OF PROJECT (City. County and Stile) 350 Main St, El Segundo, CA 90245 4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION ADA CURB RAMP INSTALLATION ❑ Building [g Residential ❑ Heavy ❑ Other (specify) ❑ Highway ...... 6. WAGE DECISION NO. (include modification number, if any) DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE DATE (LOCK4N): ❑ COPY ATTACHED 8. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) CONCRETE APPRENTICE $24.20 $11.28 CONCRETE FRAMERS/MASONS $44.00 $27.35 FOREMAN $80.00 $00.00 CONCRETE OPERATORS $55.90 $27.24 ( JPC UNC KE 1 t GUNSIL�RsI )INC FEI 10.SUBCONTRACTOR/EMPLOYER, IF APPLICABLE (name, address) 10142 SHOEMAKER AVE., SANTA FE SPRINGS, CA Agree90670 9b. SIGNATURE DATE Disagree 77/01/2024 C'fielG .. t __. A!!. T .AEI- ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. The proposed classification is utilized in the area by the construction industry. IU The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. The interested parties, including the employees or their authorized representatives, agree on the classifications) and wage rate(s). Supporting documentation attached, including applicable wage decision. Check One: ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Date (Typed name and signature) Log in: Log out: Phone Number (CDBG) Agreement No. 7064 EXHIBIT 10 Non -Segregated Facilities Certification CDBG ADA Ramp Installation 602708-23 . _ ..... __ PROJECT NAME PROJECT NUMBER CJ Concrete Construction, Inc. COMPANY NAME 10142 Shoemaker Ave., Santa Fe Springs, CA 90670 COMPANY ADDRESS 720989 LICENSE NUMBER 95-4578126 EMPLOYER IDENTIFICATION NUMBER BID/CONTRACT DOLLAR AMOUNT 80-288-8263 DUNS NUMBER The federally -assisted construction contractor certifies that he/she does not and will not: 1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. JOHN SARNO ........ AUTHORIZED OFFICIAL AUTHORIZED ��I n 9 R $GNATURE PRESIDENT AUTHORIZED OFFICIAL TITLE/CAPACITY J U LY 01, 2024 DATE © MDG Associates, Inc. 2021 Agreement No. 7064 EXHIBIT 11 Past Performance Certification CDBG ADA Ramp Installation 602708-23 _......._. _....,,_, .................. PROJECT NAME PROJECT NUMBER CJ CONCRETE CONSTRUCTION, INC, _.._._...._ u__. ........... ....._... .w....... � COMPANY NAME 10142 Shoemaker Ave., Santa Fe Springs, CA 90670 COMPANY ADDRESS 720989 95-4578126 ...... LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER 40 NUMBER OF EMPLOYE ES 80-288-8263 DUNS NUMBER The ❑ bidder, ❑ proposed sub -contractor, hereby certifies that he/she ❑ has, ❑ has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11 1 14, or 11246, and that he/she ❑ has, ❑ has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. JOHN SARNO PRESIDENT AUTHORIZED OFFICIAL (NAMAUTHORIZED OFFICIAL TITLE/CAPACITY JULY 01, 2024 ........._ _....... ......... AUTHORIZED OFFICI LTURE DATE NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SE-:100 [EEO-1 I must hL filccf by,: (A) All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees, and a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or c. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. © MDG Associates, Inc. 2021 Agreement No. 7064 TO: EXHIBIT 12 Notice of Equal Employment Opportunity C610 NAME OF LABOR UNION, WORKERS REPRE0N'9'ATIVE, ETC. _N. ! w L woA .... _............._ .._ ADDRESS CDBG ADA Ramp Installation 602708-23 PROJECT NAME PROJECT NUMBER CJ CONCRETE CONSTRUCTION, INC, COMPANY NAME 10142 Shoemaker Ave., Santa Fe Springs, CA 90670 COMPANY ADDRESS 720989 LICENSE NUMBER 95-4578126 EMPLOYER IDENTIFICATION NUMBER BID/CONTRACT DOLLAR AMOUNT DUNS NUMBER The Undersigned currently holds a contract with involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. JOHN SARNO PRESIDENT AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL TITLE/CAPACITY J U LY 01, 2024 AUTHORIZED OFN'ICOI S6PATURE DATE © MDG Associates, Inc. 2021 Agreement No. 7064 EXHIBIT 12 Notice of Equal Employment Opportunity TO: L—W4 1!WVU `" IV IM NAME OF LABOR UNION, WORKERS REPRESENTATNV'EI, ETC. ADDRESS- CDBG ADA Ramp Installation PROJECT NAME CJ CONCRETE CONSTRUCTION, INC, COMPANYNAME Cal 602708-23 PROJECT NUMBER 10142 Shoemaker Ave., Santa Fe Springs, CA 90670 COMPANY ADDRESS 720989 LICENSE NUMBER 95-4578126 EMPLOYER IDENTIFICATION NUMBER 0YVI BID/CONTRACT DOLLAR AMOUNT DUNS NUMBER The Undersigned currently holds a contract with involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001, JOHN SARNO PRESIDENT AUTHORIZED OFFICIAL ME AUTHORIZED OFFICIAL TITLE/CAPACITY _ J U LY 01, 2024 AUTHORIZED OfFFfl .l SIGNATURE DATE © MDG Associates, Inc. 2021 III nn Agreement No. 7064 EXHIBIT 13 Federal Lobbyist Certification CDBG ADA Ramp Installation .. PROJECT NAME PRC, KC:T NUMBER CJ CONCRETE CONSTRUCTION, INC, COMPANY NAME 10142 Shoemaker Ave., Santa Fe Springs, CA 90670 COMPANY ADDRESS 720989 LICENSE NUMBER 95-4578126 EMPLOYER IDENTIFICATION NUMBER BID/CONTRACT DOLLAR AMOUNT DUNS NUMBER Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract: No Federal appropriated funds have been paid by or on behalf of the above m.-imed firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and; 3. The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. JOHN SARNO AUTHORIZED OF 9C" L NAME . AUTHORIZED EVAI,SIGNATURE PRESIDENT AUTHORIZED OFFICIAL TITLE/CAPACITY J U LY 01, 2024 DATE © MDG Associates, Inc. 2021 1%/ r A Agreement No. 7064 EXHIBIT 14 COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: CJ CONCRETE CONSTRUCTION, INC Address: 10142 Shoemaker Ave. Santa Fe S rin s State: CA Zip Code: 90670 Telephone Number: ( 562 ) 777-2222 Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA). 1) It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a contract with the Los Angeles County Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with Los Angeles County and the Los Angeles County Development Authority. Authorized Official; C l . N 1 1; I l f_w C I .t,l C"t v�N _._ (Contractor/Sub contractor) _............ JULY 01,_2024: (Date) 9� By (Signature) PRESIDENT (Title) 11 1 nn Agreement No. 7064 EXHIBIT 15 Federal Wage Decision See Appendix F © MDG Associates, Inc. 2021 Agreement No. 7064 CITY OF ELSEGUNDO June 27, 2024 ADDENDUM NO. 1 to CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 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 is still Tuesday, July 2, at 11:00 am. 2. Please see the attached supplemental pages'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 Proposal. Failure to provide such acknowledgement shall render the proposal as non -responsive and subject to rejection. g — J u�01, 2024 Signature: Date: .._.....- .�.. ......... .........._., .......__...� ..._ ......... ..W , Inc. Print Company Name: CJ Concrete Construction., 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 7064 CITY OF EL SEGUNDO CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 ADDENDUM NO. 1 SUPPLEMENT DATE: June 27, 2024 TO: All Prospective Bidders The following clarifying information and answers to bid questions have been provided below. The information provided in this Addendum has been made available to all prospective bidders and shall be considered as incorporated into the specifications for the above -referenced project. All other portions of Contract Documents and previous Addenda not specifically mentioned in this Addendum remain in force. A. CHANGES TO THE BID OPENING PROCEDURE: City Hall is located at 350 Main Street, El Segundo, CA 90245. Please follow the procedure below for the Tuesday, July 2, 11:00 am bid opening: 1. Instead of the City Clerk's Office, the bid opening will be held in the foyer in front of the Council Chambers. This area is accessible through the double automatic doors on the Main Street (west) side of the City Hall Building. Having submitted their bid, bidders will wait outside the double doors in the quad until the bid opening. 2. Bidders are welcome to submit their bid by the US postal service or other carrier service. However, the bidder is res -)onsible for v rif ici their bits„ has been received in the Cit C',s ffi�,,ejirior p2en to the bi _ing-Their telephone number is 310- 524-2307. Bidders can also submit bids in person. Please speak with the receptionist at the City Hall East Lobby entrance if you arrive early to submit your bid. Three different projects have bids due on July 2 at 11:00 am. Plan to arrive early enough so your bid may be received, stamped, and logged well before 11:00 am, in case there are multiple bidders doing the same thing. 3. The City Clerk's Office will open the Council Chambers lobby doors 15 minutes before the bid opening and will accept bids if time allows. 4. Bid packages will be opened in the foyer. Bid amounts will be read aloud and recorded on the log sheet and the log sheet will be signed by representatives from the City Clerk's Office and the Public Works Department. The City Clerk's Office will enter additional information on the bid log sheet as needed, after the bid opening. 5. The Public Works Department will email the fully signed and completed bid log sheet to all planholders within a few hours after the bid opening. Agreement No. 7064 B. PRE -BID QUESTIONS AND ANSWERS Question: What is the Engineer's estimate? Answer: $262,250. Agreement No. 7064 FAITHFUL PERFORMANCE BOND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 Bond No. CAC722111 Bond Fee: $2461 ("PRINCIPAL") CJ Concrete Construction, Inc. and Merchants Bonding Company (Mutual) , a corporation incorporated under the laws of the State of Iowa and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of TWO HUNDRED TWENTY-THREE THOUSAND FOUR HUNDRED DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, CDBG ADA CURB RAMP INSTALLATION PROJECT, SPECIFICATIONS NO. PW 24-05, 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 24-05, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's specifications which are made a part of this bond when said specifications 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 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. I-E-1 Agreement No. 7064 3. PRINCIPAL will guarantee its materials on the Public Project for a period o f 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 24-05 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 specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 7064 SIGNED AND SEALED this 21 st day of Au ust 20.24 , CJ Concrete Construction, Inc. Merchants Bonding Company (Mutual) � l'AL's PRESIDENT SURETY' PRESIDENT John Sarno PRINCI )A,'s SECRETARY �r9 �ro s Mel ne Ankeney, A orney-In-Fact � AX*11hX3 1w'W PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: 10142 Shoemaker Avenue P.O. Box 14498 Santa Fe --Springs, Des Moines, IA 50306 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. 7064 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 CQ 160rn is County of (as Ali On - before me, ac hel A wn eZ era name gin, 1 0 o e t personally appeared ohG SQrno who proved to me on the basis of satisfactory evidence to be the person(e}whose name(.&) is/are subscribed to the within instrument and acknowledged to me that he/sh@Ahey executed the same in hisAwrAheir authorized capacityfies , and that by his/hei,A refr-signature(e -on the instrument the persoft(W, 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 StateldifC4ll fomia that the foregoing paragraph is true and correct. �C 4q1267 4 WITNESS my hand -and official seal. - ° (Notary Public Seal otaryl ubli nature ( ry ) .. ..... , . __ ....w., INSTRUCTIONS FOR OWLETING THIS FORM... ), ADDITIONAL OPTIONAL INFORMATION 77iisformcomplieswith current Calijbrnlastalufesre, ar ingnotnrywo dingand, DESCRIPTION OF THE ATTACHED DOCUMENT tfmeded, should be completed and attached to the document, AcAwowledgmews y be i e $0 rrawrg as aath other strata.& s not require the Cal orniaa not being v� 1'amft trnt"at t"Ora q Me or description ofmm' a • .1~`1ancha wrtrdrwa dta�r tT)cited document) State and county information mustbe the Mate and Couzry where the doctnnem signe*) personally appeared before the notary public for aoknowledgntent. _... _ ..—........ ._.. m .late of ootarizati`ou musk be the dalo tbat rite signer(s) pc sonally appeamd which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • "lire notary public must print his or lrer name as it appears widda his or her Number of Pages 3— Document Date ?./?y � eommission followed by a comma, and then your title (uotruy public).. • Print the name(s) of documcatt sig=(s) who p«,^raonally appear a' 'he time of notarization - CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms 04. ltw'sheltltey,- is l` ) or circling the correct forms. f ailure to correctly indicate this L-7 Individual (s) information may lead to rejection of document recording, �Co iirate O�flcerr • The notary seal impression most be clear and photographically reproducible. " impression must not cover toast or lines, if :seal impression smudges, re-scal if a sufl cicnt area permits, otherwise complete a different acknowledgment form. l e') s • Sigraattue of the notary public must match the sigttatute on file with the office of ❑ Partner () the county cleric.. ❑ Attorney -in -Fact +r Additional information is not required but could help to ensure this p Trustee(s) acknowledgment is not misused ortruacbed to a different document. ❖ Indicate We or type of attached docuracut, number of pages and date. ❑ Other ___.. -C- Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, S taty). 2015 Version www NotaryClasses con Securely attach this document to the signed document with a staple. Agreement No. 7064 CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) 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 Arizona County of Maricopa On August 21st, 2024 before me, Ariela Santana, personally appeared Melanie Ankeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature : p Adela Santana (Seal)1 Notary Public - ARIZONA MARICOPA COUNTY .� Commission No. 658591 y Commission Expires 10131/2027 Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. Agreement No. 7064 M E RC HA N T777�� BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Joseph A Clarken III; Melanie Ankeney; Patrick R Hedges; Ted H Rarrick their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 MERCHANTS BONDING COMPANY (MUTUAL) ;."."�;��+, �r�,�� Q�•*, MERCHANTS NATIONAL BONDING, INC. •w4P0qd/b/a MERCHANTS NATIONAL INDEMNITY COMPANY _+C— tn; w 001933 BY (( f President STATE OFIOWA�+1t'.,, M�µw '•+.,,.w«'» COUNTY OF DALLAS ss.�"`�""" On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �ktAj Penni Miller • a 0 Commission Number 787952 My Commission Expires 10m. January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto ys�et my hand and affixed the seal of the Companies on this 21st day of August 2024 W ' 2q' -0- -0- 1,3 Secretary » d . POA 0018 (6/24)�'`"��.�.�**' .., ... Agreement No. 7064 No. 2482-8 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Merchants Bonding Company (Mutual) of Iowa, organized under the laws of Iowa, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions ofthis Certificate, the following classes of insurance: Surety, Liability, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws oflhe 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 oflhe laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the Is` day of October, 2015, 1 have hereunto set my hand and caused my official seal to be affixed this I" day of October, 2015. Dave Jones Insurance Commissioner By Valerie Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Agreement No. 7064 LABOR AND MATERIALS BOND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 Bond No. CAC722111 Bond Fee: $2461 CJ Concrete Construction„ Inc. as principal ("PRINCIPAL") and Merchants 6orrdinq Company (lw utual) , a corporation incorporated under the laws of the State of Iowa and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of TWO HUNDRED TWENTY-THREE THOUSAND FOUR HUNDRED DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renti ng equ i pment; payment by PR:INC I PAL and all PRINCI PA L' S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in CDBG ADA CURB RAMP INSTALLATION PROJECT, SPECIFICATIONS NO. PW 24-05 ("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 24-05, and the public works contract executed for such SPECIFICATIONS, copies of which are on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's specifications, which are made a part of this bond when said specifications 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, Agreement No. 7064 on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration, or modification of SPECIFICATIONS NO. PW 24-05, 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 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] Agreement No. 7064 SIGNED AND SEALED this 21 st day of August 92024 CJ Concrete Construction, Inc. Merchants Bonding Corn Rany (Mutual) i'1 1John L's PRESIDENT �e5 nli YAn +,ney-ln-Fact 11�Itto Kohn a PlUN''-CIPl,'s SECRETARY SURETY's MK I Y Witness �'l•n 5arn PRINCIPAL'S MAILING ADDRESS: SURETY's MAILING ADDRESS: 10142 r AvenueP.O. Box 14498 Santa Fe Springs, CA 90670 Des Moines, IA 50306 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. Agreement No. 7064 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 la , r" r► On r before -personally appeared who proved to me on: of satisfactory evidence to be the piersoR(*whiose nam:eW istaFo-eubscribed to the within instrument and acknowledged to me that -wfjtvoff-r*'��ehalf of same in his/he�� authorized capacity(iies),rand that by which the person(s�-acted, executed the Instrument. certify under PENALTY OF PERJURY under the laws of the State f is that the foregoing paragraph is true and correct. � 91267.,E �- : PLI WITNESS my hand and official seal. t" a gelas G Tot � P dl ,Si � (Notary Public Seal) �"� INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION ZAisferm, compliewwb'h current Calorniastaturesregarding notary wordin a DESCRIPTION OF THE ATTACHED DOCUMENT Vneaded shouldbectmpletedan'' tachM o the doctarnent Acknowledgments from other states tnay+be complered for diocuments being sane to that state so long as he wording does uire tbe t rtatc a County information rme on must be tlzcrStstt dtCow whaee the document t law. (little or description) signer(s) personally appeared before the notary public for acnowledgment. �._.� _..._. ,, _.... ..... . Date ofno tion must be the date that the signers) lly appeared which (Title ar description of attached document continued) must also be the same date the acknowledgment is completed. 3 $�21 �� . The notary publicmust print his or her name it apt within or her Numtler of Pages Document Date cnotcaission followed by a comma andthen your title (notary public;). . Print the name(s) of document signer(s) whol personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER or plund forms by crossing off incorrect corm (i c. information may rre) r the correct forms. Failure to correct this +shrltloaey-- is lra�a) or core ❑ Individual (s) y gectionofdocument rOwnding. Corporate" Oicgt • The notary suet impression must be clear and pitatographically reproducible. Impression must not cover text or lines,if seal ^ impression smudges, rc-seal if a lete a Signature of the neotruy public mast math Ole signalaon cknowledgment ith 011`1 _. l e) tlto oti"oco of ❑ Partner(s) the countyclerlo. ❑ Attorney -in -Fact 4 Additional information is not required but could help to ensure this ❑ Trustee(s) ac mowlod'gment is not misused at attached to a different document. ❖ Indicate title or typo of attached document, number of pages and data. ❑ Other . ..IT .... i Indicate the, capacity claim t:4 by the signer. If the claimed oaapacity is a corporate officer, indicate the title (i.e. CEO, CM, SCcwoU7), 2015 Version www NotaryClasses con ` Securely attach this docamtent to the signed document with 0 staple, Agreement No. 7064 CALIFORNIA NOTARY ACKNOWLEDGEMENT (INDIVIDUAL) 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 Arizona County of Maricopa On August 21 st, 2024 before me, Ariela Santana, personally appeared Melanie Ankeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal)": Ariela Santana „a Notary Public - ARIZONA MARICOPA COUNTY Commission No. 658591 My Commission Expires 1013112027 Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved. MERC Agreement No. 7064 BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brandon McKee; Brian R Sawyer; Chrystal Hedges; David J McKee; Jennifer Castillo; Joseph A Clarken III; Melanie Ankeney; Patrick R Hedges; Ted H Rarrick their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. to Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 ° .+�""'"�«« ++* •* MERCHANTS BONDING COMPANY (MUTUAL) IONAc MERCHANTS NATIONAL BONDING, INC. vipo#'.. * Cti V,P0, ?dlb a MERCHANTS fwIATIONAL INDEMNITY COMPANY co 201034. 1933 By I /liab� «.... »;i*. *V* r dtir " ** President STATE OFIOWA COUNTY OF DALLAS ss.. /-1"7 On this 29th day of July 2024 before me appeared Larry Taylor,, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. t9LIA4 Penni Miller Commission Number 787952 r- 0 My Commission Expires � iowpW January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21st day of August 2024 -0- -0- --Y 2003 1933 ,- Secretary POA 0018 (6/24) Agreement No. 7064 No. 2482-8 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of California, Merchants Bonding Company (Mutual) of Iowa, organized under the laws of Iowa, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety, Liability, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the Is' day of October, 2015, 1 have hereunto set my hand and caused my official seal to be affixed this I'day of October, 2015. Dave Jones Insurance Commissioner r r By Valerie Sarfaty for Nettie Hoge Chief Depury NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance ofthis Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Agreement No. 7064 CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AMERICANS WITH DISABILITIES ACT (ADA) CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CD�BG PROTECT NO.602708-23 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 https://www.elsegundo.org/government/departments/city-clerk/bid-rfp fittps://www.e]lsegundo.oi. / � vernmerit/de rt e ts0 Liblic-worksla•ec nest- tiblic-ewot-ks-bid MANDATORY PRE -BID MEETING Tuesday, June 25, 2024 at 10:00 am at El Segundo Civic Center Plaza 350 Main Street, El Segundo, CA 90245 BIDS DUE TUESDAY, J LY 29 20249 AT 11:00 AM This is a federally assisted construction contract. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates, the higher of the two will prevail. Agreement No. 7064 MANDATORY PRE -BID MEETING LOCATION TUESDAY, DUNE 25, 2024, 10:00 AM at the El Segundo Civic Center Plaza 350 Main Street, El Segundo, CA 90245 2 Agreement No. 7064 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, DULY 29 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 3 Agreement No. 7064 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II-B-25 thru H-B-26 "LIABILITY INSURANCE". ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING A BID PACKAGE. The Contractor will be required to apply and obtain an Encroachment Permit from the City Public Works Department as well as any applicable Building/Safety Permit from the City Development Services Department. The Contractor shall be responsible for calling the Building Safety Division for inspections. All noted deficiencies shall be corrected by the contractor. The project will not be accepted as complete until the contractor obtains a final sign -off from the Department of Planning and Building Safety. Agreement No. 7064 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 PAGE I-A-1 TO A-3 I-B-1 TO B-8 I-B-1 I-B-1 I-B-2 I-B-2 I-B-3 I-B-3 I-B-3 I-B-3 I-B-4 I-B-5 I-B-6 I-B-6 I-B-6 I-B-6 I-C- I TO C-17 1. PROPOSAL, FIRST PAGE I-C-1 2. BID SCHEDULES I-C-3 3. BIDDER'S INFORMATION I-C-5 TO I-C-6 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT I-C-7 5. PROPOSAL GUARANTEE BID BOND I-C-8 6. CONTRACTOR'S LICENSE DECLARATION I-C-9 7. NON -COLLUSION AFFIDAVIT I-C-10 8. WORKER'S COMPENSATION CERTIFICATION I-C-11 9. DESIGNATION OF SUBCONTRACTORS I-C-12 10. REFERENCES I-C-13 TO I-C-15 11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS I-C-16 12. INSURANCE REQUIREMENTS I-C-17 13. FED. LABOR COMPLIANCE DOCUMENTS I-C-19. TO I-C-33 D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT I-D-1 TO D-5 E. FAITHFUL PERFORMANCE BOND I-E-1 TO E-3 F. MATERIAL AND LABOR BOND I-F-1 TO F-3 Agreement No. 7064 SECTION II — GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II-A-1 TO A-2 1. REGISTRATION OF CONTRACTORS II-A-1 2. INSURANCE AND CITY BUSINESS LICENSE II-A-1 3. EMERGENCY INFORMATION II-A-1 4. FURNISHING OF WATER II-A-1 5. CALIFORNIA — OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION II-A-1 6. SOUND CONTROL II-A-2 7. AIR POLLUTION CONTROL II-A-2 8. WORKER UNIFORMS II-A-2 B. STANDARD SPECIFICATIONS II-B-1 TO B-34 0-1 STANDARD SPECIFICATIONS II-B-1 0-2 NUMBERING OF SECTIONS II-B-1 0-3 MODIFICATIONS II-B-1 1-2 DEFINITIONS II-B-1 1-2.1 ADDITIONAL DEFINITIONS II-B-1 1-3 ABBREVIATIONS II-B-2 2-0 SCOPE AND CONTROL OF WORK II-B-3 2-1.1 ACCESS TO PROJECT SITE II-B-3 2-1.2 OWNERSHIP AND USE OF CONTRACT II-B-3 DOCUMENTS 2-3 SUBCONTRACTS II-B-3 2-3.1 GENERAL II-B-3 2-3.2 ADDITIONAL RESPONSIBILITY II-B-4 2-4 CONTRACT BONDS II-B-4 2-5 PLANS AND SPECIFICATIONS II-B-5 2-5.1 GENERAL II-B-5 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS II-B-5 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS II-B-6 2-8 RIGHT-OF-WAY II-B-6 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES II-B-6 2-9 SURVEYING II-B-6 2-9.3 SURVEY SERVICE II-B-6 2-9.3.1 CONSTRUCTION SURVEYING II-B-6 2-9.3.2 MEASUREMENT AND PAYMENT II-B-7 3-3.2.2 BASIS FOR ESTABLISHING COSTS II-B-7 3-3.2.3 MARK UP II-B-7 11 Agreement No. 7064 SECTION II — GENERAL REQUIREMENTS (Continued) 3-3.3 DAILY REPORTS BY CONTRACTOR 3-4 CHANGED CONDITIONS 3-5 DISPUTED WORK 4-1.3 INSPECTION REQUIREMENTS 4-1.3.1 GENERAL 4-1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY 4-1.6 TRADE NAMES OR EQUALS 5-2 PROTECTION 5-2.1 INCORRECT LOCATION OF UTILITIES 5-4 RELOCATION 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION 5-5 DELAYS 5-5.1 CALCULATING IDLE TIME 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE 6-1.2 CONTENT OF CONTRACT SCHEDULE 6-1.3 EFFECT OF CONTRACT SCHEDULE 6-1.4 COMMENCEMENT OF CONTRACT TIME 6-4 DEFAULT BY CONTRACTOR 6-4.1 GENERAL 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL 6-6 DELAYS AND EXTENSIONS OF TIME 6-6.1 GENERAL 6-6.2 EXTENSION OF TIME 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR 6-6.4 WRITTEN NOTICE AND REPORT 6-7.2 WORK DAYS AND WORKING HOURS 6-7.4 NIGHT WORK 6-7.5 WEEKEND AND HOLIDAY WORK 6-8 COMPLETION AND ACCEPTANCE 6-8.1 GENERAL GUARANTY 6-9 LIQUIDATED DAMAGES 6-9.1 FAILURE TO COMPLETE WORK ON TIME 6-11 DISPUTES AND CLAIMS; PROCEDURE 6-11.1 GENERAL 6-11.2 FORM ill PAGE II-B-8 II-B-8 II-B-9 II-B-9 II-B-9 II-B-10 II-B-12 II-B-12 II-B-13 II-B-14 II-B-14 II-B-14 II-B-14 II-B-15 II-B-15 II-B-15 II-B-16 II-B-16 II-B-16 II-B-16 II-B-17 II-B-17 II-B-17 II-B-18 II-B-18 II-B-18 II-B-18 II-B-18 II-B-19 Agreement No. 7064 SECTION II — GENERAL REQUIREMENTS (Continued) 6-11.3 CLAIMS SUBMITTED TO ENGINEER 6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY 6-11.5 DECISION ON CLAIMS 6-11.6 APPEAL OF ENGINEER'S DECISION 6-11.7 MEDIATION 6-11.8 ARBITRATION 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING 6-11.10APPEAL TO SUPERIOR COURT; WAIVER OF JURY TRIAL 7-2 LABOR 7-2.3 PREVAILING WAGES 7-2.4 RECORD OF WAGES PAID; INSPECTION 7-3 LIABILITY INSURANCE 7-3.1 GENERAL 7-3.2 INDEMNIFICATION AND DEFENSE 7-5 PERMITS 7-8.1 CLEAN UP AND DUST CONTROL 7-8.1.1 GENERAL 7-8.1.2 WATERING 7-8.6 WATER POLLUTION CONTROL 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 TRAFFIC AND ACCESS 7-10.2 STREET CLOSURES, DETOURS, BARRICADES 7-10.5 PROTECTION OF THE PUBLIC 7-15 HAZARDOUS MATERIAL 9-2 LUMP SUM WORK 9-3.2 PARTIAL AND FINAL PAYMENTS 9.3.3 DELIVERED MATERIALS 100- 1 TERMINATION OF AGENCY LIABILITY iv PAGE II-B-20 II-B-21 II-B-21 II-B-21 II-13-22 II-B-22 II-B-22 II-13-22 II-13-23 II-13-23 II-B-24 II-B-24 II-B-24 II-B-27 II-13-28 II-B-28 II-13-28 II-B-28 II-B-28 II-B-29 II-B-30 II-B-30 II-B-30 II-B-31 II-B-31 II-13-32 II-13-33 II-B-34 II-13-34 Agreement No. 7064 SECTION III — SPECIAL PROVISIONS SECTION IV — FEDERAL LABOR STANDARDS APPENDICES Appendix A — City Map Appendix B — Typical No Parking Sign — El Segundo Standard ST-18 Appendix C — Construction and Demolition Materials Recycling Forms Appendix D — Centerline Tie Map Appendix E — ADA Ramp Location Map Appendix F — Federal Wage Decision v Agreement No. 7064 NOTICE INVITING SEALED BIDS FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AMERICANS WITH DISABILITIES ACT (ADA) CURB RAMP INSTALLATION PROJECT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 24-05 CDBG PROJECT NO.602708-23 The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, El Segundo, California 90245, until 11:00 a.m. on: TUESDAY, JULY 2, 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 labor, materials, tools, equipment, and incidentals for the CDBG ADA CURB RAMP INSTALLATION PROJECT and related work. Work shall include traffic control, licensed -surveyor tie -out and re-establishment of intersection centerline tie monuments and benchmarks after construction is complete, removal of existing non-standard curb ramps, installation of new ADA-compliant curb ramps with yellow truncated domes, installation of hot - mix -asphalt slot paving, and replacement of damaged striping as necessary. Work on the Project must be performed in strict conformity with Specifications No. PW 24-05 as adopted by the El Segundo City Council on May 20, 2024, which is filed with the Public Works Department. Contractors bidding the project shall provide a minimum of five government agency, preferably municipal, references. The references shall be for the contractors' building similar projects (in terms of scope, size, type, magnitude, and complexity), as the prime contractor in the past five (5) years. Bidders shall include references, etc. to demonstrate qualification. 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 https://www.elsegundo.org/govemment/departments/public-works/request- public-works-bid A mandatory pre -bid meeting is scheduled for Tuesday, June 25, 2024, at 10:00 AM at the Civic Center Plaza at 350 Main Street, El Segundo, CA 90245. Failure to attend the mandatory meeting will disqualify a company's bid. All questions regarding the project are due to https://www.elsegundo.org/govemment/departments/public-works/request-public- works-bid by Tuesday, June 26, 2024, at 4:00 PM. The terms and conditions for bidding on the Project are described in the attached Bidding Instructions. This project is funded in whole or in part with Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development I-A-1 Agreement No. 7064 (HUD). Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. 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 www.dir.ca.gov. Note that the Project is subject to compliance monitoring and enforcement by California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4 to be nonresponsive. The contractor to whom the contract is awarded must assist in locating, qualifying, hiring, and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. 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. Prior to contract award, the contractor's status and eligibility will be checked and verified with the California Department of Industrial Relations at http://www.cslb.ca.gov, at: https:Hefiling.dir.ca.gov, and http://www.dir.ca.gov/dlse/debar.html. Contractor's status and eligibility will also be verified through the excluded parties list at the federal System for Award Management (SAND website: liter //saiii. Gov. 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 I-A-2 Agreement No. 7064 expense and will include costs incurred by the City to accommodate the Contractor's request. In entering into a Public Works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or Sub -Contractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and 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 envelope plainly marked on the outside: CDBG ADA CURB RAMP INSTALLATION PROJECT "SEALED BIDS FOR PROJECT NO.: PW 24-05 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 these projects, those acceptable classes of license shall be "A". The successful Contractor and his Sub -Contractors will be required to possess the correct license for their project classifications, and valid City Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officer(s) of the City of El Segundo. DATED this day of 32024. CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I-A-3 Agreement No. 7064 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 the I-B-1 Agreement No. 7064 Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents. 2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder's behalf. 2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work. 2.9 The Bidder has paid the City's business license fee(s) 2.10 The Bidder, per SB 854 requirements for public projects, has registered with and paid their annual fee to the California State Department of Industrial Relations. Information about SB 854 and its requirements can be found at this link: http://www.dir.ca.gov/Public-Works/SB854.html 3. BIDDING DOCUMENTS 3.1 Bidders may obtain complete sets of the Bidding Documents from the City's Public Works Department for the sum stated in the Notice for Bids. 3.2 Bidders will use a complete set of Bidding Documents in preparing Bids. 3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS. 4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City's Representative errors, inconsistencies, or ambiguities discovered. 4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City's Representative. 4.2.1 The release of the bid package begins a quiet period for potential Bidders participating in this project. The City of El Segundo realizes it is critical to provide Bidders with a vehicle to ask questions so that quality responses can be prepared. Questions must be submitted in writing to project managers via the City website: https://www.elsegundo.org/government/departments/public-works/request- public-works-bid Responses to all questions will be provided in writing to all Bidders in accordance with the schedule below. We will not identify companies or m Agreement No. 7064 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 Wednesday, June 26, 2024, at 4:00 pm. Questions Answered by June 28, 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. 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. I-B-3 Agreement No. 7064 7. ADDENDA. 7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda. 7.2 Copies of Addenda will be made available for inspection at the City's Public Works Department. 7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline. 7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid. 8. PRE -BID CONFERENCE. Bidder will attend a Pre -Bid Conference where City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre -Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be 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 Disqualifications" form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information. 9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner. 9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes must be covered as extra work. 9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder's Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause Bid to be rejected. I-B-4 Agreement No. 7064 9.8 Bids must be submitted in writing on the Proposal forms provided by the City of El Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the bidders. Bidders are required to submit one (1) original set of the proposal forms. All information requested therein must be clearly and legibly set forth in the manner and form indicated. 9.9 Bidders must satisfy themselves by .personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No bidder shall at any time after submissions of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the City of El Segundo and clarified prior to the 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: I-B-5 Agreement No. 7064 "SEALED BIDS FOR PW 24-05: CDBG ADA CURB RAMP INSTALLATION 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 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. 11.11 Before the Bid Deadline, a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. 11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements. 11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted. 11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders. 11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the proposal guarantee. 11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. 11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business License, or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will be deemed and held to include any such costs, which may be applicable. 12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13. REJECTION OF BIDS. 13.1 The City will have the right to reject all Bids. 13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. 13.2.1 Unrequested/unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Agreement No. 7064 Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. 13.3 In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. 14. AWARD 14.1 The City may retain all bids for a period of sixty (90) days for examination and comparison, and to delete any portion of the work from the contract. 14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City. 14.3 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents. 14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the "multiplier" as stated in the Bid Form, plus the amounts of all accepted Alternates. 14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City's maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City's notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items: 14.5.1 One original of the Agreement signed by Bidder. 14.5.2 One original of the Payment Bond. 14.5.3 One original of the Performance Bond. 14.5.4 Certificates of Insurance on form provided by the City. 14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders' company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references. I-B-7 Agreement No. 7064 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. 7064 PROPOSAL FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO.602708-23 Date a 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 effect 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. 7064 EOUAL EMPLOYMENT ENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 7064 BID SCHEDULE CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 Company Name: Base Bid Items Item Description Corner Unit Qty Unit Cost ($) Total ($) No. 1 Mobilization/Demobilization LS 1 2 Construct New Curb Ramp Incl. Truncated Domes and Adjacent 3-Feet-Wide Asphalt Slot Patch 2-1 W. Holly Ave./Valley St. NE EA 1 Holly Ave./Valley St. SE EA 1 2-3 W. Holly Ave./Loma Vista St. SE EA 1 2-4 W. Holly Ave./Loma Vista St. SW EA 1 2-5 W. Holly Ave./Loma Vista St. NW EA 1 2-6 Alley Entrance on north side of W. Holly NE EA 1 Ave. between Whiting St. and Vir inia St. 2-7 Alley Entrance on north side of W. Holly NW EA 1 Ave. between Whitin St. and Vir inia St. 2-8 Alley Entrance on south side of W. Holly SE EA 1 Ave. between Vir inia St. and Concord St. 2 9 Alley Entrance, south side W. Holly Ave. SW EA 1 between Concord St. and Richmond St. 2-10 W. Holly Ave./Richmond St. NW EA 1 2-11 W. Holly Ave./Virginia St. NE EA 1 2-12 W. Holly Ave./Virginia St. SE EA 1 2-13 W. Pine Ave./Valley St. SE EA 1 2-14 W. Pine Ave./Valley St. SW EA 1 2-15 Alley Entrance on north side of W. Pine NE EA 1 Ave. between WhitingSt. and Vir inia St. 2-16 Alley Entrance on north side of W. Pine NW EA 1 Ave. between Whiting St. and Virginia, St. [2-l7 W. Pine Ave./Loma Vista St. ��NE EA 1 Subtotal Base Bid Items 1 through 2-17 I-C-3a Agreement No. 7064 Alternative Bid Items (Determined by the City on an as -needed hasis) Item No. Description P Corner Unit Qty Unit Cost ($) Total ($) 3 Install Yellow Truncated Domes onto Existing ADA Ramp 3-1 Alley Entrance, south side of W. Holly SE EA 1 Ave. between Loma Vista and Whitin St. 3-2 Entrance, south side of W. Holly SW EA _ 1 Ave.Alley ebetween Loma Vista and Whiting St. 4 Construct Additional New Curb Ramp Incl. Truncated Domes and 3-Feet-Wide Asphalt Slot Patch 4-1 W. Pine Ave./Loma Vista St. NW EA 1 4-2 W. Pine Ave./Loma Vista St. SW EA 1 4-3 W. Pine Ave./Whiting St. NE EA I 4-4 W. Pine Ave./Whiting St. SE EA I 4-5 W. Pine Ave./Whiting St. SW EA I 4-6 W. Pine Ave./Whiting St. NW EA I 4-7 W. Pine Ave./Virginia St. NE EA I 4-8 W. Pine Ave./Virginia St. _ SW EA 1 4-9 W. Pine Ave./Virginia St. NW EA I 4-10 W. Pine Ave./Concord St. NE EA I 4-I1 Sheldon SUE. Mariposa Ave NE EA I 4-12 Sheldon SUE. Mariposa Ave. SE EA I 4-13 Sheldon SUE. Mariposa Ave. SW EA 1 4-14 Sheldon SUE. Mariposa Ave. NW EA 1 4-15 Sheldon SUE. Oak Ave. NW EA I I-C-3b Agreement No. 7064 Alternative Rid Items. Continued (Determined by the Citv on an as -needed basis Item No. Description Corner Unit Qty Unit Cost Total 5 Inventory and re-establish existing LS 1 centerline -tie -related corner nails and tags Construct 4-Inch-Thick ADA-Compliant 6 Concrete Sidewalk on 4-Inch-Thick SF 500 Aggregate Base, to Join to Curb Ram Construct Concrete Curb Including 3- 7 Feet -Wide Asphalt Slot Patch, to Join LF 100 to Curb Ram Remove and Replace Additional 6- 8 Inch -Thick x 1-Foot-Wide Asphalt Slot SF 100 Patch over 6-Inch-Thick Aggregate Base 9 Miscellaneous Improvements LS 1 $5,000 Subtotal Alternative Bid Items 3 through 9 TOTAL BID ITEMS I THROUGH 9: TOTAL BID WRITTEN IN WORDS. All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. I-C-3 c Agreement No. 7064 THIS PAGE LEFT BLANK I-C-4 Agreement No. 7064 BIDDER'S INFORMATION Company Name: BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) Business Address Telephone No. Facsimile No. State Contractor's License No. and Class DIR# State License Original Date Issued _ Expiration Date The following are the names, titles, email 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-5 Agreement No. 7064 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-6 Agreement No. 7064 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 NOTARY PUBLIC day of , 20_. I-C-7 Agreement No. 7064 PROPOSAL GUARANTEE BID BOND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO.602708-23 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-8 Agreement No. 7064 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: 20 3. BIDDER acknowledges that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non -responsive and shall be rejected by the public agency." The undersigned declares, under penalty of perjury, that the representations made by the undersigned in this bid proposal are true and correct. Executed on , 20_, at Signature Typed Name Title Company Name (insert City and State where Declaration signed). I-C-9 Agreement No. 7064 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) being first duly sworn, deposes and say that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Name of Bidder/Company Name Typed Name Title I-C-10 Date Agreement No. 7064 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 920 I-C-11 Agreement No. 7064 DESIGNATION OF SUBCONTRACTORS CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO.602708-23 Company Name: As detailed in Section 2-3.1 (Page II-B-3) of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent (0.5%) of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. .. Subcontractor's Contractor Description of License No., & Portion of Name of DIR Work Estimated Subcontractor Address Registration No. Subcontracted $ Amount (Number and Street) (CSLB #) (City, Zip Code) (DIR #) . ...... ....... . . . ........ ... . .......... . . .. (Make copies of this page if additional space is needed) �.____......... gn Si ature of Bidder Date I-C-12 Agreement No. 7064 REFERENCES Company Name: The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work:. Contract amount: $ _ _.............. Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? I-C-13 Agreement No. 7064 3. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? 4. Project Title: Location: Name and address of owner .............. Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ ._._..... Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? I-C-14 Agreement No. 7064 5. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract $ Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I-C-15 Agreement No. 7064 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO. 602708-23 Company Name: Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No ❑ 2. If yes, explain the circumstances: 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ❑ No Bidder's Signature Name (Please Print) I-C-16 Agreement No. 7064 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05, CDBG PROJECT NO. 602708-23 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage, because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Date I-C-17 Bidder's Signature Agreement No. 7064 CITY OFEL SEGUNDO COMMUNITY DIII° II;: III„ R III.? IN'T BLOCK ,,, III N "III" CDBG ADA CURB RA IF IIINST LIII,,,Alll"III IN III1R JE 'T Cl)BG II1:1R JEC'T NO. 602708...23 IINSTRUCT6 INS 'T II IIID IIIII'RS CHECKLIST OF HQUIREO, lI:::EIIDERAIII I AB01IR CO Ilfwlll IIIAINCE 11DOCUMEN"I'STO RIF I,IIIIII IIIIII,I SIGNED AND SUI ITTEIII) WIITI II Ill llllll m ° Exhibit 6 Worker's Compensation Certification ° Exhibit 7 List of Proposed Subcontractors or Sub -Tier Contractors ° Exhibit 8 Certification of Understanding and Authorization ° Exhibit 9 Request for Additional Classification and Rate Exhibit 10 Non -Segregated Facilities Certification Exhibit 11 Past Performance Certification Exhibit 12 Notice of Equal Employment Opportunity ° Exhibit 13 Federal Lobbyist Certification ° Exhibit 14 County Lobbyist Certification I-C-18 Agreement No. 7064 END PROPOSAL SECTION I-C-19 Agreement No. 7064 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 This CONTRACT is entered into this day of „ 20 1 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and , ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I-D-1 Agreement No. 7064 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within 30 (thirty) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By. signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs, and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. I-D-2 Agreement No. 7064 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings, and activities. The Contractor will retain such financial and program service records for at least five (5) 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: ThLQity The Contractor Lifan Xu City Engineer City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524-2368 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. I-D-3 Agreement No. 7064 13. NO THIRD PARTY BENEFICLARY. This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 7064 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Darrell George City Manager ATTEST: Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney LON Joaquin Vazquez, Assistant City Attorney Insurance Reviewed by: I-D-5 Taxpayer ID No. Contractor State License No.: Contractor City Business License No.: Agreement No. 7064 FAITHFUL PERFORMANCE BOND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 Bond No. Bond Fee: ("PRINCIPAL") and a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, CDBG ADA CURB RAMP INSTALLATION PROJECT, SPECIFICATIONS NO. PW 24-05, 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 24-05, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's specifications which are made a part of this bond when said specifications 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 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. I-E-1 Agreement No. 7064 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. 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 24-05 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 specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 7064 SIGNED AND SEALED this day of PRINCIPAL'S PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: 20 SURETY's PRESIDENT SURETY's SECRETARY SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-E-3 Agreement No. 7064 LABOR AND MATERIALS BOND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO.602708-23 Bond No. Bond Fee: as principal ("PRINCIPAL") and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in CDBG ADA CURB RAMP INSTALLATION PROJECT, SPECIFICATIONS NO. PW 24-05 ("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 24-05, and the public works contract executed for such SPECIFICATIONS, copies of which are on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's specifications, which are made a part of this bond when said specifications are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. I-F-1 Agreement No. 7064 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration, or modification of SPECIFICATIONS NO. PW 24-05, 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 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. 7064 SIGNED AND SEALED this day of PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS: NOTE: (1) (2) 20 SURETY's PRESIDENT SURETY'S SECRETARY SURETY's MAILING ADDRESS: ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. Bond shall be effective for one (1) year after acceptance of the job. I-F-3 Agreement No. 7064 SECTION II - GENERAL REQUIRE M+<NTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRATION OF CONTRACTORS No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND CITY BUSINESS LICENSE Contractor and Sub -Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INFORMATIONi The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. FURNIS111NG OF WA"I"ER Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of One Thousand Four Hundred Forty -Four Dollars ($1,444.00) to insure against damage to a 2 V? Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the CONTRACTOR, all, or any part of said deposit may be retained by the City. A non-refundable Activation Fee of One Hundred Ten Dollars ($110.00) will be charged upon activation of the temporary meter. 5. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal -OSHA Rules and Regulations, latest edition. II-A-1 Agreement No. 7064 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR. POLLUTION CONTROL The Contractor is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the Contractor or his/her Sub -Contractor will wear an orange vest or an orange shirt while working in the public right-of-way. II-A-2 Agreement No. 7064 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL Except as modified by these Standard Specifications, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NUMBS ING 0 —SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 0-3 MODIFICATIONS To the extent that the provisions of the Contract Documents conflict with the Greenbook, the Contract Documents take precedence. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 1-2.1 ADDITIONAL, DEFINITIONS Acceptance — The date on which the City Council accepts the Work as complete. Architect, Design Engineers, Soils Engineer, Structural Engineers - Advisors employed by the City. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. City Council - The body constituting the awarding authority of the City. Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. II-B-1 Agreement No. 7064 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. Greenbook — The most recent edition of the Standard Specifications for Public Works Construction. PCC — California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director — The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days - A working day is defined as any day, except Saturdays, Sundays, legal holidays, and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non -working in accordance with Subsection 6-7, "Time of Completion." 1-3 ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public II-B-2 Agreement No. 7064 Works Association current edition and subsequent supplements ASA American Standard Association CITY City of El Segundo SSP State of California Standard Plans, current edition SSS State of California Standard Specifications, current edition SECTION 2 — SCOPE AND CONTROL OF WORK The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCESS TO PROJECT SITE Not later than the date designated in the current Contract Schedule submitted by the Contractor, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. 2-1.2 OWNERSHIP AND USE OF CONTRACT DOCUMENTS. The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2-3 SUBCONTRACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the II-B-3 Agreement No. 7064 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 Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2-3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2-3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10%) of the Work. 2-4 CONTRACT BONDS The following paragraph is added to Subsection 1-7.2 of the Greenbook. The Faithful Performance Bond and the Labor and Materials Bond must be paid up and II-B-4 Agreement No. 7064 in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6-8. L 2-5 PLANS AND SPEC1FICATIONS. Subsection 2-5.1 of the Greenbook is replaced by the following subsection. 2-5.1 GENERAL The Contractor will maintain the following at the Work site: 1. One as -built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As -built plans are to be submitted to the City representative for approval prior to acceptance of the project as complete. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal -OSHA permits for trench shoring. 5. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there are no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following paragraph is added to subsection 2-5.2 of the Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be II-B-5 Agreement No. 7064 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. 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 2-9.3 SURVEY SERVICE 2-9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout, monitor, II-B-6 Agreement No. 7064 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. 2-9.3.2 MEASIJREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2BASIS FOR ESTABLISHING COSTS Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3-3.2.3 MARK UP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor............................................20 2) Materials.......................................15 3) Equipment Rental .........................15 4) Other Items and Expenditures ...... 15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay II-B-7 Agreement No. 7064 or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 3-3.3 DAILYREPORTS BY CONTRACTOR Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3-4 CHANGED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will include, without limitation, the following: 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 II-B-8 Agreement No. 7064 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 made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: 1. The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 3. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3-5 DISPUTED WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4-1.3 INSPECTION REWREMENT,S Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4-1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying II-B-9 Agreement No. 7064 compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract documents. The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the City Engineer. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor's cost at rates established by the City. 4-1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor. 4-1.6 TRADE NAMES OR EQUALS Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal". For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum of ten (10) calendar days before the date of the bid opening, documentation of the particulars of the proposed "equal item". At a minimum, the submitted documentation will include: w 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. II-B-10 Agreement No. 7064 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. 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 INCORREC'F LOCATION OF L1"1"ILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION The City will be responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City will have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation. 5-5 DELAYS The following paragraphs are added to Subsection 5-5 of the Greenbook. Actual loss, as used in this Subsection, will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection 5-5.1 and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5-5 of the Greenbook. II-B-11 Agreement No. 7064 5-5.1 CALCULATING IDLE TIME Equipment idle time will calculated in accordance with Subsection 3-3.2.2(c) and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3-3.2.2(a). 6-1 CONSTRUCTION SCI1k;DULE AND COMMENCEMENT OF WORT Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pre -Construction Meetino- After contract award, the City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub -contractors to attend the meeting. 6-1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review, as required by these Specifications within fifteen (15) days of award. 6-1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. II-B-12 Agreement No. 7064 6-1.3 EFFECT OF sONTR.AC"1'SCHEDULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's, review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6-1.4 COMMENCEMENT OF CONTRACT TIME II-B-13 Agreement No. 7064 The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6-4 DEFAULT BY CONTRACTOR The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the work completed and in place at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of, the following: 1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. II-B-14 Agreement No. 7064 6-4.3 SURETY'S ASSUMPTION OF CONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City's forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 6-6 DELAYS AND E lu'NSI NS OF TIME Subsections 6-6.1 to 6-6.4 are deleted and replaced with the following subsections. 6-6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, II-B-15 Agreement No. 7064 but is not required to, deem an extension of time to be in the City's best interests. 6-6.2 EXTENSIONS OF TIME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-6.4 WRITTEN NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday lam -6pm. It is closed every other Friday and the following holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Christmas Eve Il-B-16 Agreement No. 7064 Christmas New Year's Eve On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 NIGHT WORK The following paragraph is added to Section 6-7 of the Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WEEKEND ANDHOLIDAY WORK. The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 , COMPLETION AND ACCEPTANCE Subsection 6-8 is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of I year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 6-8.1 GENERAL GUARANTY The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of II-B-17 Agreement No. 7064 final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 6-9 LIQUIDATED DAMAGES Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 FAILURE TO COMPLETE WORK ON TIME If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. 6-11 DISPUTES AND CLAIMS;„P OCED(J1 E. 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 II-B-18 Agreement No. 7064 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 to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. c) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation II-B-19 Agreement No. 7064 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. 8. A personal certification from the Contractor that reads as follows: "I, , BEING THE ..... _ (MUST BE AN OFFICER) OF ..............�d._.. (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 CLAIMS SUBMITTED TO ENGINEER. Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6-11.4 CLAIM IS PRERE UIS'I"IMF TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. II-B-20 Agreement No. 7064 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 10 days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 60 days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 30 days of the date of this decision, the decision will become final and binding and not subject to further appeal." 6-11.6 APPEAL OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 days of the City's final decision. 6-11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non -binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ("AAA") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. II-B-21 Agreement No. 7064 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 ARBITRATION If the City and Contractor do not agree to mediation, then a dispute will be submitted to neutral non -binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6-11.10 APPEAL TO SUPERIOR COl.1R°l', WAIVER OF JURY TRIAL Should a parry 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. II-B-22 Agreement No. 7064 6-11.11 Ala 66 CLAIMS PROCESS Claims made by a Contractor for one or more of the following are subject to the claim resolution process set forth in Public Contract Code section 9204: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the city under a contract for a public works project. (B) Payment by the city of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the city. 7-2 LABOR The following subsections are added to Subsection 7-2 of the Green Book. 7-2.3 PREVAILING WAO1*S The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or c) When the trade can show that it is replacing at least 1/30 of its membership II-B-23 Agreement No. 7064 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. 7-2.4 RECORD OF WAGES PAID: INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7-3 LIABILITY INSURANCE Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER ISO FORM COMBINE OCCURRENCE D SINGLE LIMIT Comprehensive General Liability CL 00 02 01 85 or 88 $2,000,000 II-B-24 Agreement No. 7064 Business Auto CA 00 01 01 87 $1,000,000 Workers' Compensation 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 provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: II-B-25 Agreement No. 7064 Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self -insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self -insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 1185, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than AXII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss, or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. Il-B-26 Agreement No. 7064 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). 7-3.2 INDEMNIFICATION IFICA" ION AND DEFENSE In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by the II-B-27 Agreement No. 7064 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. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for the permit required by the City Building Safety Division. This permit will cost $8650.80. The Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed. 7-8.1 CLEANUP AND QUST CONTROL Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type street sweeper a minimum of once daily. 7-8.1.2 WATERING Water for the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing a $300 meter deposit and the payment of a $50 service fee, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. II-B-28 Agreement No. 7064 7-8.6 WATER POLLUTION CONTROL This section is supplemented by the addition of the following requirements which establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, cleanup 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. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PROTECTION AND RESTORATION RATION OF EXISTING IMPROVEMENTS Section 7-9 is supplemented by the following additional requirements: Where existing traffic striping, pavement markings, and curb markings are damaged or II-B-29 Agreement No. 7064 their reflectively reduced by the Contractor's operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements. Relocations, repairs, replacements, or re -establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY Section 7-10 is supplemented by the following additional requirements: Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771. 7-10.1 TRAFFIC AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one (1) twelve (12) foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement, and will remain unobstructed. All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction. One four (4) foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two (2)) at each location, one (1) at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 7-10.2 STREET CLOSURES DETOURS BARRICADES S 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 II-B-30 Agreement No. 7064 directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). Temporary traffic channelization will be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained, minimum 1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PROTECTION OF THE PUBLIC It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act -on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. II-B-31 Agreement No. 7064 7-15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Engineer, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor, the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9-2 LUMP SUM WORK Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.," or "Job" will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. II-B-32 Agreement No. 7064 Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9-3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment and submit it to the Engineer for approval. It will take a minimum of thirty-five (35) calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as -built conditions. The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Engineer. The City Engineer upon field acceptance and receipt of the final as -built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than thirty-five (35) calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub -contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. II-B-33 Agreement No. 7064 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. 9-3.3 DELIVERED MATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 100-1 TERMINATION OF AGENCY LIABILITY Before receiving final payment, the Contractor will execute a Release on Contract" form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - I1-B-34 Agreement No. 7064 SECTION III. - SPECIAL PROVISIONS 1.0. GENERAL 1.01 INTRODUCTION AND WORK SCOPE See Section III A.4 below. 1.02 GENERAL STANDARDS AND PROJECT SPECIFICATIONS All work shall be performed in accordance with the Standard Specifications for Public Works Construction, latest edition, including supplements thereto, the American Public Works Association Standard Plans for Public Works Construction, and current ADA standards. Strict compliance with State and local safety codes will be enforced. Legible copies of material/weight certification shall be turned over to the inspector on a daily basis. The Engineer's decision shall be final as to interpretation and/or conflict between any of the referenced code, laws, ordinances, specifications, and standards contained herein. 1.03 EXAMINATION OF JOB SITE The BIDDER shall make a detailed physical inspection of the site(s) before submitting their proposal. It is understood that the BIDDER has satisfied themselves regarding existing conditions and existing access conditions which may affect bid prices for the proposed work. 1.04 INSPECTION 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. All work and materials are subject to inspection and approval of the ENGINEER. Inspection of the work shall not relieve the CONTRACTOR of the obligations to fulfill all conditions of the contract. 1.05 Working Days, Time for Completion and Construction Sequence CONTRACTOR shall commence work on date specified in the Notice to Proceed to be issued to said CONTRACTOR by the City of El Segundo Public Works Department and will complete work on the PROJECT, within 30(thirty) WORKING DAYS after the date of commencement. Hours of work shall be limited to 7:00 a.m. through 4:00 p.m. weekdays only on residential streets. On major streets or arterials, weekday work hours shall be limited to 9:00 am to 3:00 pm No greater quantity of work shall be scheduled at any one time than can be completed in one III-A-1 Agreement No. 7064 (1) day and be properly conducted with due regard for the rights of the public. No more than one project location shall be scheduled for construction at any one time unless approved in writing by the ENGINEER. If applicable, the last two weeks of December is a moratorium period, from December 23, 2024, 7:00 am to January 6, 2025, 7:00 am, during which no construction work shall occur on City streets or other public right-of-way. The contractor shall schedule their work such that no excavations are left open during those two weeks. III-A-2 Agreement No. 7064 1.06 NOTIFICATIONS The CONTRACTOR will notify all agencies listed here in a minimum of forty-eight (48) hours before start of operation. The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE 1. Start of work, Floriza Rivera, Public Works Staff 310-524-2361 shutdown of work, Victor Lopez, General Services Manager 310-524-2715 or resumption of work after shutdown Lifan Xu, City Engineer 310-524-2368 Elias Sassoon, Director of Public Works 310-524-2356 2. Closing of streets El Segundo Police Department** 310-524-2200 El Segundo Fire Department** 310-524-2236 3. Street striping Street Maintenance Division 310-524-2709 3. Water/Sewer/ Anthony Esparza, Utilities Manager 310-524-2745 Storm Drain * * The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 2. City of El Segundo — Water Division 310-524-2742 3. City of El Segundo — Wastewater Division 310-524-2754 4. City of El Segundo — Recreation and Parks 310-524-2707 5. Southern California Gas Company 310-671-9002 6. Southern California Edison Company (SCE) 310-417-3366 7. AT&T 310-515-4430 8. Time Warner Communication (Cable) 310-768-0400 Extension 414 9. Los Angeles County Sanitation District 310-699-7411 10. El Segundo Unified School District 310-615-2650 III-A-3 Agreement No. 7064 1.07 MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to:. 1. Obtaining all required permits. 2. Coordinating with City staff for staging areas on public right-of-way 3. Moving all Contractor's equipment required for operations to site 4. Installing and removing all temporary facilities required for operations 5. Posting all OSHA required notices 6. Creating and posting required HUD signage at the construction site(s) (see also Section III-1.18) 7. Submitting Construction Schedule, Contractor Contact List, Notice of Construction for City approval 8. Notifying affected residents, businesses, and the general public as necessary 9. Utility coordination and notifying Underground Service Alert, 1-800-227-2600 prior to excavation or construction 10. Re -notifying all affected parties for all construction schedule changes 11. Preparing and following a Construction and Demolition Debris Management Plan 12. Participate in and provide updated 2-week look -ahead schedules for weekly project field meetings 13. Providing traffic control as required per W.A.T.C.H. manual and CA MUTCD 14. Preparing and cleaning of work area as necessary to implement repairs 15. Coordinating with Underground Service Alert (USA) or Dig Alert to mark underground utilities before any excavation 16. NPDES permit compliance 17. Cordoning off construction areas and using plastic sheeting and water to minimize debris and dust 18. Ramping for areas where construction has caused significant elevation differences in walking surfaces until those elevation differences are resolved 19. Steel-plate(s)-with-asphalt ramping for excavated trenches and areas if required 20. Restoring to existing standard conditions or better, private, and public property damaged by construction 21. Removing all USA markings after new improvements are installed 22. Ensuring all centerline tie monuments and benchmarks are re-established in the intersection after concrete and asphalt construction is complete. 23. Removing posted HUD sign and other construction signage at project completion. 24. Demobilization 1.08 ACCESS TO DRIVEWAYS Access to driveways shall be maintained at all times for residents and businesses during non -working hours of 4:00 p.m. through 7:00 a.m. weekdays and 24-hours per day on weekends and holidays. 1.09 TREE ROOTS At locations where tree roots are encountered within or adjacent to an excavation, the III-A-4 Agreement No. 7064 CONTRACTOR shall cut out the tree roots to the full cross section of the new work, a minimum of two (2) feet below finished grade under the supervision of the Recreation and Parks Department. Cost of this work shall be included in the other items of work. 1.10 CURB DRAIN OUTLETS The CONTRACTOR shall reconstruct all curb drainage outlets that fall within the limits of his/her work. Cost of this work shall be included in the other items of work. 1.11 OTHER METER BOXES, PULL BOXES The CONTRACTOR shall adjust all other meter boxes and electrical pull boxes (within the work limits) to match new grade. Cost of this work shall be included in the other items of work. 1.12 PROTECTION OF EXISTING IMPROVEMENTS Existing public and/or private improvements, adjacent property, utility and other facilities, trees, fences, sprinkler systems, plants, City benchmarks and centerline ties that are not to be removed, shall be protected from injury or damage as provided for in Sub -section of Part 1 of SSPWC "Greenbook" Standard Specifications. Any pavement, curb, gutter, landscaping, or sidewalk removed beyond the limits established by the CITY ENGINEER shall be reconstructed by the CONTRACTOR to equal or better pre -construction condition at his own expense and no additional compensation will be allowed. Tie -Out and Re-establish Survey Monuments and 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 monumentation affected by the project prior to commencement of construction and require the land surveyor to file corner records with the CITY ENGINEER; and re- establish any such monuments or benchmarks damaged or destroyed during construction and file corner records with the City of El Segundo Public Works Department after construction is complete. The Contractor shall request of the City which monuments found and listed in the Contractor's Surveyor's letter are to be tied out and re-established. 1.13 DISPOSAL OF REMOVALS All removed materials shall become the property of the CONTRACTOR and shall be legally disposed by him/ her away from the site of work. Note: There are no authorized dump facilities within the City of El Segundo. 1.14 WASHING OF CONCRETE TRANSIT MIXERS Concrete transit mixers shall not be washed out on alleys, streets, or parking lots. Also, refer to Section 7-8.6 Water Pollution Control (II-B-28 and 29) for additional requirements. 1.15 SURFACE RESTORATION III-A-5 Agreement No. 7064 Permanent restoration of surface improvements shall be completed to the approval of the ENGINEER no later than ten (10) calendar days after the improvements are completed. 1.16 REPAIRS, REPLACEMENTS AND CLEANUP The CONTRACTOR shall repair at his/her own expense any damage to curbs, gutters, sidewalks, landscaping and irrigation systems, or any other property of the CITY, or of adjacent private property caused him/her in the performance of the work. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory and neat appearance. Work will not be approved until proper cleanup is accomplished. All cleanup costs shall be absorbed in the CONTRACTOR'S bid. 1.17 PUBLIC/ RESIDENT NOTIFICATION Due to the nature of this project involving some inconvenience to residents, businesses, and the public, a good public relations program is mandatory and evidence of satisfactory past performance in this area will be required. The City will require the CONTRACTOR to distribute two (2) "Public Notices" to each business and resident affected by the construction. Notices must be approved by the CITY prior to distribution. The first notice shall be distributed ten (10) calendar days prior to the start of any work. The second notice shall be distributed at least forty- eight (48) hours prior to the start of work. Said notice shall be attached to a red information hanger provided by the CONTRACTOR and hung on the front doorknob of every resident/ business on the project streets. 1.18 TRAFFIC CONTROL, PUBLIC SAFETY AND CONVENIENCE Traffic control, construction signage and traffic maintenance shall comply with the provisions of Sub -section 7-10 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. Public Convenience At the pre -construction meeting, the CONTRACTOR shall submit a construction schedule to the CITY for approval. Based on the construction schedule, the CONTRACTOR shall notify residents and businesses of the proposed work and post temporary "NO PARKING" signs at no cost to the City. Signs shall be posted at all intersections a maximum of 200 feet between signs. Signs may be attached to existing poles or street light standards at a height easily visible to pedestrians and motorists. When necessary, the CONTRACTOR shall furnish the posts. Signs shall be posted at least seventy-two (72) hours prior to any construction in the area. Signs shall show specific dates and time of parking restrictions. III-A-6 Agreement No. 7064 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 the particular site. On streets where parking is being temporarily prohibited on one side due to construction and where the other side of the street has permanent "NO PARKING ANYTIME" signs, the CONTRACTOR shall contact the City Police Department and Public Works Department Street Division and obtain approval to bag these "NO PARKING ANYTIME" signs until construction has been completed for the subject block. ONCE A SECTION OF STREET HAS BEEN POSTED, FAILURE OF THE CONTRACTOR TO MEET AND COMPLETE THE APPROVED DAILY SCHEDULE DUE TO CONDITIONS UNDER THE CONTRACTORS CONTROL, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE AGENCY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE. FOR FAILURE TO MEET AND COMPLETE THE SCHEDULE AFTER POSTING, THE CONTRACTOR SHALL PAY TO THE CITY, OR HAVE WITHELD FROM MONIES DUE, THE SUM OF $200 AS LIQUIDATED DAMAGES FOR EACH DAY OF ADDITIONAL POSTING REQUIRED TO COMPLETE THE PROPOSED WORK. REPOSTING AND NOTIFICATION WILL BE REQUIRED FOR EACH MISSED DAY. SAID POSTING AND NOTIFICATION WILL BE AT THE CONTRACTOR'S EXPENSE. The CONTRACTOR shall be responsible for adequate barricading of the work area and controlling of traffic in the vicinity of the project as specified in Sub -section 7-10 of the General Provisions. Should the CONTRACTOR appear to be neglectful or negligent in furnishing warning and protective devices, the City Engineer may direct attention to the existence of a hazard and the necessary warning and protective measures shall be furnished and installed immediately by the CONTRACTOR at his/her expense. Should the CITY point out the inadequacy of warning and protective measures, such action on the part of the CITY ENGINEER shall not relieve the CONTRACTOR from responsibility for public safety or abrogate his/her obligation to furnish and pay for these devices. If said devices will be placed or caused to be placed by the CITY ENGINEER, the cost of placing such devices shall be the sole responsibility of the CONTRACTOR and shall be paid for the rate of $50/hour for labor and vehicle use, $20/day per barricade and any other costs incurred by the CITY relative to traffic control. Said costs shall be deducted from the total contract price for the work. Construction Signage Construction signage shall consist of furnishing, installing, maintaining, and removing construction signs and barricades as required by the California Manual on Uniform Traffic Control Devices. The traffic control system shall be installed on a road prior to III-A-7 Agreement No. 7064 starting work for that road and shall not be removed until all work has been completed on that road. A temporary sign shall be posted at each construction site that includes the following message in large easily readable font: This project has been funded in part by the U.S. Department of Housing and Urban Development through the Community Development Block Grant (CDBG) program. The sign shall be displayed from a durable, portable, weather -and -wind -resistant two-piece metal or wooden frame during the construction. All parts of the sign and posting shall be out of pedestrian and vehicular traffic. The sign shall not be placed in an area where construction activities may potentially occur. At the end of each day's work at a site, the Contractor shall remove the frame and sign and bring it back the following day if work is to continue in that location. Construction Staging Area The Contractor shall not store materials or equipment in the public right-of-way without prior written authorization from the ENGINEER. The CONTRACTOR shall store materials or equipment in authorized area only. Use of Private Property The use of any private property by the CONTRACTOR is prohibited. The prohibited uses include, but are 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. Cooperation with Concurrent Construction and Operations The CONTRACTOR shall cooperate with other contractors and the City's personnel performing work in the vicinity, shall conduct its operations in a manner to prevent unnecessary delay or hindrance to their work, and shall coordinate its work with theirs to permit proper and timely completion of all projects in the area. Coordination with Affected Businesses and Residents The CONTRACTOR shall respond to any complaints received from a property owner (business or resident) and contact the complainant within one (1) working day. The complaint shall be resolved within two (2) working days from the date on which it was received. The CONTRACTOR shall adjust its schedule in order to allow affected Businesses to operate as regularly scheduled. III-A-8 Agreement No. 7064 Traffic Maintenance The CONTRACTOR shall be responsible for handling vehicular and pedestrian traffic in accordance with Sub -section 7-10 of the SSPWC "Greenbook" Standard Specifications of these Special Provisions. The CONTRACTOR shall prepare all necessary traffic control plans prior to commencement of any work and submit to the City for approval at the pre -construction meeting. The CONTRACTOR shall cooperate with the Engineer relative to handling traffic through all work areas. When two-way traffic is restricted to one (1) lane, traffic shall be controlled as required by California Manual on Uniform Traffic Control Devices. A pilot car and driver will be required at various locations if control by flaggers proves deficient in the opinion of the ENGINEER. In no case shall the CONTRACTOR provide less than one 1 lane of travel tbrou h the construction zone on all of the subiect streets. CONTRACTOR'S equipment and personal vehicles of the CONTRACTOR'S employees shall not be parked on the traveled way at any time. Parking of construction equipment shall be confined to the approved storage site. The CONTRACTOR shall conduct all operations so as to provide reasonable access to the adjoining properties and have no greater length or quantity of work under construction that can be properly prosecuted with a minimum of inconvenience to the public. For each establishment, i.e., parking lots, business establishments and apartment buildings, the CONTRACTOR shall provide vehicular access to at least one (1) driveway. 1.19 NPDES COMPLIANCE A. CONTRACTOR shall thoroughly clean dust and debris resulting from his operations to comply with the "Clean Water Act." Sweeping, wet vacuuming, and/or other approved measures of removing such debris shall be taken during the removal and construction operations. No dust or debris shall be deposited or discharged into the storm drain facilities. The CONTRACTOR shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing shall be laid in water, nor shall water be allowed to rise over them until the concrete or mortar has set at least eight (8) hours. III-A-9 Agreement No. 7064 Disposal of water shall be the sole responsibility of the CONTRACTOR. Disposal methods shall conform to the Porter -Cologne Water Quality Control Act of 1974, the Federal Water Pollution Control Act Amendments of 1972, and the California Administrative Code, Title 23, Chapter 3. 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 fluid substance from the project or from operations pertaining to the project site without first securing a valid National Pollutant Discharge Elimination System (NPDES) permit unless the discharge is specifically listed as exempt or conditionally exempt in the most current list 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 Regional Water Quality Control Board and City. 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. B. CONTRACTOR shall reduce the discharge of pollutants in storm water runoff to the maximum extent practicable by the effective implementation of appropriate BMPs. The following are the minimum requirements: 1. Sediments from areas disturbed by construction shall be retained on site and stockpiles of soil shall be properly contained to minimize sediment transport from the site to streets, drainage facilities, or adjacent properties via runoff, vehicle tracking, or wind. 2. Construction materials, wastes, spills, or residues shall be retained at the project site to minimize transport from the work area to streets, drainage facilities or adjoining properties via vehicle tracking, runoff, or wind. 3. Non-stormwater runoff from equipment and vehicle washing shall be contained at project sites. 4. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as limiting grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. C. The selection, submittal, and adherence to BMPs are the responsibility of the Contractor. The selected BMPs must be submitted to and approved by City prior to performing any operation under this contract which will disturb or expose soil, including, but not limited to excavation, grading, demolition, clearing and grubbing, pavement removal, etc. D. Construction activity that results in soil disturbances of less than one acre is subject to the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) if the construction activity is part of a larger common plan of development that encompasses one or more acres of soil disturbance or if there is significant water quality impairment resulting from the III-A-10 Agreement No. 7064 activity. If it is determined that the entire site consists of one acre or greater, the Contractor must file a Notice of Intent (NOI) with the State to comply with the terms of the General Permit and must provide proof of a Waste Discharge Identification (WDID) Number to the City prior to the issuance of a grading permit. The preparation, submittal, and adherence to all NOIs, Storm Water Pollution Prevention Plans (SWPPPs), Wet Weather Erosion Control Plans (WWECPs), and Contractor Self -Inspection Forms are the responsibility of Contractor. E. The City may restrict the continuation of work if it is determined that the Contractor has not met all the NPDES requirements. F. The cost of complying with these environmental requirements shall be considered included in the Contract bid price for other items of work unless the cost of compliance is listed as a separate bid item within the bid schedule. 1.20 UTILITIES Potholing of existing utilities should take place one week prior to the start of the construction to allow adequate time for the necessary protection, removal, and rearrangement of utilities by either the utility owner or the CONTRACTOR, as applicable. For work to be performed by a utility owner, the construction schedule shall allow for the time period required by the utility owner for such work. The CONTRACTOR shall notify the ENGINEER in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or rearrangement of utilities, and shall obtain the ENGINEER'S approval of such changes. No additional compensation will be allowed for modifications to trench shoring caused by utility service connections whether or not the utility services are shown on the Plans. 1.21 BUILD AMERICA BUY AMERICA Please see Appendix G for a Quick Guide to the Build America Buy America (BABA) program. Should this CDBG federally funded infrastructure project cost greater than $250,000, the project will require a Buy America Preference (BAP) and all iron, steel, manufactured products, and construction materials used for the project shall be produced in the United States. Additional information on the BABA can be found at https://www.hudexchange.info If the BAP becomes a project requirement, the Contractor shall keep records and documentation during the project about purchases of iron, steel, manufactured products and construction materials, and the products' country of origin. The records shall show the project is in compliance with the Buy America Preference. The Contractor shall provide copies of those records to City staff. III-A-11 Agreement No. 7064 2-0. CONSTRUCTION MATERIALS AND METHODS See SECTION III A.4 below. 3-0. MEASUREMENT AND PAYMENT See SECTION III AA below. III-A-12 Agreement No. 7064 (This page is intentionally left blank) III-A-13 Agreement No. 7064 SECTION III A.4 CDBG ADA CURB RAMP INSTALLATION PROJECT TECHNICAL SPECIFICATIONS TS-1 Agreement No. 7064 SCOPE OF WORK The work under this Contract shall be performed entirely within the City of El Segundo, and consists of furnishing all labor, materials, equipment, and services, and performing all work necessary for the ADA curb ramp installations or truncated dome installations and repairing/replacing existing public and private improvements in kind. Construction shall be ADA-compliant. The work includes traffic control; the posting and removal of Housing -and-Urban-Development-required signage; demolition and removals; minor excavation and grading; tree root and plant root removals down to two feet below grade; the removal and reconstruction of existing concrete curb ramps; the installation of new concrete curb ramps; the installation of yellow truncated domes at each curb ramp; the removal and replacement of sidewalk, curb, and gutter, as needed; the adjustment to grade of utility meters in ramp or sidewalk areas as needed; the removal and replacement of 3'-wide asphalt concrete slot paving; the replacement of any damaged striping or property as needed; and licensed -surveyor tie -out and re-establishment of intersection centerline tie monuments and benchmarks after construction is complete. All work shall conform to all applicable State, local, regional, and Federal building codes, ADA standards, ordinances, and regulations as prescribed by the City. All compaction in the project areas shall be to 95% compaction. LOCATION OF WORK Please refer to the Bid Schedule for Citywide ADA-curb-ramp-installation-locations, CONTRACTOR'S SUBMITTALS The Contractor shall submit to the City of El Segundo for review of shop drawings as specified below: • Job -Specific Safety Program • Declaration of Safety Requirements/Regulations • Construction schedule • Traffic Control Plans • Storm Water Pollution Prevention Plan (SWPPP) • C&D Debris Management Plan • Concrete mix design • Asphalt concrete mix design • Aggregate base • Detectable warning surface • Pavement striping materials • Topsoil and turf • Thermoplastic striping and marking materials Shop drawing submittals shall include detailed design calculations, shop drawings, fabrication and installation drawings, catalog sheets, data sheets and similar items. The Engineer shall review the shop drawings and return them to the Contractor within 10 calendar days. TS-2 Agreement No. 7064 Fabrication and/or purchase of an item may be commended only after the Engineer has reviewed the pertinent submittals and returned them to the Contractor marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED." Corrections indicated on the submittals shall be considered as changes necessary to meet the requirements of the specifications and shall not be taken as the basis of claims for extra work. The Engineer's review of shop drawing submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall assume all responsibility for the dimensions and the design of adequate connections and details. Submittals for other products not identified above shall be required if their use is incorporated into the project work. COl s,rRUCTION MATERIALS, METHODS MEASU ZEMENT AND PAYMENT Item numbers correspond to the Bid Schedule item numbers. MOBILIZATION AND DEMOBILIZATION See Section A.1.07 for bid item description. This item shall also include (a) public/resident notification as described in A.1.17 and (b) NPDES Compliance as described in Section A.1.19. Measurement and Payment Payment for mobilization and demobilization shall be at the lump sum price as shown in the Bid Schedule (50% for startup, and 50% at the completion of the job). Such payment shall be considered full compensation for furnishing all labor, materials, tools, equipment, incidentals, and appurtenances necessary for mobilization and demobilization. 2., 4. CONSTRUCT NEW CURB RAMP INCLUDING TRUNCATED DOMES AND ADJACENT3-FEET-WIDE ASPIJALT SLOT PATCH ° CONSTRUCT ADDITIONAL.. NEW CURB RAMP INCLUDING TRUNCATED DOMES AND ADJACENT 3-FEET-WIDE ASPHALT SLOT PATCH A. This work includes demolition and removal which are comprised of Clearing and Grubbing and the sawcutting and removal of asphalt concrete pavement, concrete curb ramps, sidewalk, curbs, gutters, etc. in accordance with Section 300-1 of the SSPWC. Contractor shall remove tree and plant roots to a depth of two feet below grade prior to compacting the soil to 95%. All removed materials shall be legally disposed of by the Contractor. B. This work also includes traffic control, public safety, and convenience which are additionally described in Section A.3.1.08. Project traffic control plans are to consider all construction activities, and are also to minimize impacts to TS-3 Agreement No. 7064 pickup and drop-off at nearby schools. Traffic Control Plans are to be sealed and signed by a licensed Traffic Engineer or Civil Engineer. C. This work also includes all construction surveying and staking required to construct the improvements to the lines, elevations, and grades required to remove barriers to ADA accessibility. The Contractor shall retain a licensed surveyor to perform all required surveying and staking on the project, including the establishment of ADA-compliant slopes. D. This work includes the construction of new curb ramps, installation of detectable warning devices (embedded yellow truncated domes) for each curb ramp, and the installation of 3-foot-wide slot paving/patching immediately adjacent to the ramp curb or ramp curb and gutter. Curb ramps shall be constructed in accordance with SPPWC 111-5 and current ADA standards. Portland cement concrete shall be Class 520-C-2500 in accordance with SSPWC Section 201-1 and shall be constructed in accordance with SSPWC Section 303-5. Each curb ramp shall have an embedded sheet of yellow detectable warning devices/truncated domes of appropriate dimensions installed per current standards. Grass areas next to the new- improvements shall be protected in place. Where grass removal or damage has occurred on City right-of-way due to construction, the Contractor shall backfill the area, re -seed it with matching grass seed after consulting with the City Parks Division, and water it well. Should the damaged grass area occur on private property, the Contractor shall replace the grass to the satisfaction of the property owner, at no additional cost to the City. E. Curb ramp construction work also includes slot patching asphalt concrete next to newly -constructed curb ramps, curbs, and gutters. The width of the slot patches shall be three (3) feet measured from the outer edge of the concrete. The existing asphalt concrete shall be neatly sawcut and removed at the join lines. Sawcuts shall be neatly perpendicular or parallel to the curb face. All vertical surfaces to receive new asphalt concrete paving shall be tack coated with PG 64-10 liquid asphalt prior to paving. Aggregate Base shall be Crushed Miscellaneous Base in accordance with SSPWC Section 200-2.4 and shall be placed in accordance with SSPWC 301-2. Asphalt Concrete shall be class and grade C2 PG 64-10 in accordance with SSPWC Section 203-6 and shall be placed in two separate lifts, and in accordance with SSPWC Section 302-5. F. This work also includes replacing pavement striping and legends removed or damaged by the Contractor's activities. TS-4 Agreement No. 7064 All new striping lines and legends shall be thermoplastic, and all traffic striping and markings shall be placed in accordance with Section 84 of the State Standard Specifications, the details shown on the Plans and Caltrans Standard Plans. Glass beads shall conform to State Standard Specification 8010-IIE-22 Type II and shall be mechanically applied at a rate of 6 to 8 pounds of beads per gallon of paint. Glass beads shall be applied to pavement striping by a dispensing device developed for this purpose or other methods approved by the Engineer. The Contractor shall furnish the necessary control points for all striping, markers, and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. No striping or markers shall be installed until the layout and spotting has been specifically approved by the Engineer. Black -out paint will not be allowed for striping and markings placed in error by the Contractor and the Contractor may be required to re -apply slurry seal and re -stripe. In no case shall any section of street be left without complete striping for more than 24 hours or weekends or holidays. Measurement and Payment Payment for Construct ADA-Compliant Curb Ramp Including Truncated Domes and Adjacent Slot Patch shall be paid at price per each shown in the Bid Schedule and shall include all activities listed on this and the preceding pages for this work. Such payment shall include full compensation for labor, materials, tools, equipment, incidentals and appurtenances necessary to perform the work required. 3. INSTALL YELLOW TRUNCATED DOMES ONTO EXISTING ADA RAMP A. This work includes demolition and removal which are comprised of Clearing and Grubbing and, the sawcutting or partial removal of concrete curb ramp, if needed, in order to install yellow detectable warning surface/truncated domes. Existing concrete shall be neatly sawcut and removed at the join lines. All removed materials shall be legally disposed of by the Contractor. B, This work also includes traffic control, public safety, and convenience which are additionally described in Section A.3.1.08. Project traffic control plans are to consider all construction activities, and are also to minimize impacts to pickup and drop-off at nearby schools. Traffic Control Plans are to be sealed and signed by a licensed Traffic Engineer or Civil Engineer. C. This work includes the installation of detectable warning devices (embedded TS-5 Agreement No. 7064 yellow truncated domes) for specified existing curb ramps that do not already have them. Detectable warning surfaces shall be installed in accordance with Section 111-5 of the SSPWC. Contractor shall submit detectable warning surface specifications pages, and a description of how they will be attached to the existing concrete ramp, for City staff approval prior to ordering material. Measur•emer7t arrd Ca merit. Payment for Install Yellow Truncated Domes onto Existing ADA Ramp shall be paid at price per each shown in the Bid Schedule and shall include all activities listed in this section for this work. Such payment shall include full compensation for labor, materials, tools, equipment, incidentals and appurtenances necessary to perform the work required. AI.,'FERNATIVE BID ITEM: INVENTORY AND RE-ESTABLISH CENTERLINE - TIE -RELATED EXISTING CORNER NAILS AND TAGS This work includes the inventory and re-establishment, by a licensed surveyor, of existing nail -and -tag markers on existing curb ramps that will be removed. Corner nail - and -tag markers are used to set centerline ties. This work includes: • Inventory by a licensed surveyor of any existing corner nail -and -tag markers or corner tie -outs related to existing City centerline monuments. See Appendix D. A copy of the inventory shall be provided to City staff prior to any curb ramp demolition. • Re-establishment of found corner nail -and -tag markers and tie -outs after construction by a licensed surveyor. Measurement and Payment Payment for Inventory and Re-establish Centerline -Tie -Related Corner Nails and Tags shall be paid at the lump sum price shown in the Bid Schedule. Such payment shall be considered full compensation for all labor, materials, tools, equipment, incidentals, and appurtenances necessary to perform the work required. 6. ALTERNATIVE BID ITEM: CONSTRUCT 4-INCH21."I~ IC ADA-COMPLIANT CONCRE'1°E SID1 MWALK ON 4-INCH-THICK AGGREGATE BASIN TO.IOIN TO CURB RAMP This work includes the construction of concrete walkway on aggregate base only if needed in addition to new -curb -ramp square footage to establish compliant continuous sidewalk and ramp slopes as well as eliminate any elevation differences. This item is to only include the cost of additional labor and materials to construct sidewalk at ADA-compliant slopes, beyond the cost to construct the concrete curb ram a. A. This work includes demolition and removal which are comprised of Clearing TS-6 Agreement No. 7064 and Grubbing and the sawcutting and removal of concrete sidewalk in accordance with Section 300-1 of the SSPWC. Contractor shall remove tree and plant roots to a depth of two feet below grade prior to compacting the soil to 95%. All removed materials shall be legally disposed of by the Contractor. B. This work also includes traffic control, public safety, and convenience which are additionally described in Section A.3.1.08. Project traffic control plans are to consider all construction activities, and are also to minimize impacts to pickup and drop-off at nearby schools. Traffic Control Plans are to be sealed and signed by a licensed Traffic Engineer or Civil Engineer. C. This work also includes all construction surveying and staking required to construct the improvements to the lines, elevations, and grades required to remove barriers to ADA accessibility. The Contractor shall retain a licensed surveyor to perform all required surveying and staking on the project, including verification of existing slopes and the establishment of ADA-compliant slopes and cross -slopes. D. Portland cement concrete for the sidewalk shall be Class 520-C-2500 in accordance with SSPWC Section 201-1. The sidewalk shall be constructed in accordance with SSPWC Section 303-5. E. Grass areas next to the new improvements shall be protected in place. Where grass removal or damage has occurred on City right-of-way due to construction, the Contractor shall backfill the area, re -seed it with matching grass seed after consulting with the City Parks Division, and water it well. Should the damaged grass area occur on private property, the Contractor shall replace the grass to the satisfaction of the property owner, at no additional cost to the City. Measurement and Pa meth Payment for Construct 4-Inch-Thick ADA-Compliant Concrete Sidewalk on 4-Inch- Thick Aggregate Base, to Join to Curb Ramp shall be paid at price per square foot shown in the Bid Schedule. Such payment shall include full compensation for all labor, materials, tools, equipment, and incidentals required for this work. 7. AL'rEI NAI lV " BID ITEM CONSTRUCT CONCRETE CURB INCLUDING 3-FEET-WIDE ASPIJAIIT SLOT PATCH TO JOIN TO CURB RAMP This work includes the construction of concrete curb to join the new curb ramp construction, as needed for ADA compliance and to resolve any elevation differences between existing curb height and the curb height on the adjacent new ADA ramp. A. This work includes demolition and removal which are comprised of Clearing and Grubbing and the sawcutting and removal of concrete curb, curb and gutter, and adjacent asphalt concrete pavement in accordance with Section 300- 1 of the SSPWC. Contractor shall remove tree and plant roots to a depth of two feet below grade prior to compacting the soil to 95%. All removed materials TS-7 Agreement No. 7064 shall be legally disposed of by the Contractor. B. This work also includes traffic control, public safety, and convenience which are additionally described in Section A.3.1.08. Project traffic control plans are to consider all construction activities, and are also to minimize impacts to pickup and drop-off at nearby schools. Traffic Control Plans are to be sealed and signed by a licensed Traffic Engineer or Civil Engineer. C. This work also includes all construction surveying and staking required to construct the improvements to the lines, elevations, and grades required to remove barriers to ADA accessibility and allow for acceptable right-of-way drainage. The Contractor shall retain a licensed surveyor to perform all required surveying and staking on the project, including verification of existing flowline slopes and the establishment of new acceptably draining flowline slopes. D. Portland cement concrete for the curb or curb and gutter shall be Class 520-C- 2500 in accordance with SSPWC Section 201-1. The curb or curb and gutter shall be constructed in accordance with SSPWC Section 303-5. E. Curb ramp construction work also includes asphalt concrete slot patching next to newly -constructed curb ramps, curbs, and gutters. The width of the slot patches shall be three (3) feet measured from the outer edge of the concrete. Adjacent asphalt concrete shall be neatly sawcut and removed at the join lines. Sawcuts shall be neatly perpendicular or parallel to the curb face. All vertical surfaces to receive new asphalt concrete paving shall be tack coated with PG 64-10 liquid asphalt prior to paving. Aggregate Base shall be Crushed. Miscellaneous Base in accordance with SSPWC Section 200-2.4 and shall be placed in accordance with SSPWC 301-2. Asphalt Concrete shall be class and grade C2 PG 64-10 in accordance with SSPWC Section 203-6 and shall be placed in two separate lifts, and in accordance with SSPWC Section 302-5. F. Grass areas next to the new improvements shall be protected in place. Where grass removal or damage has occurred on City right-of-way due to construction, the Contractor shall backfill the area, re -seed it with matching grass seed after consulting with the City Parks Division, and water it well. Should the damaged grass area occur on private property, the Contractor shall replace the grass to the satisfaction of the property owner, at no additional cost to the City. Measurement and 1'a ment Payment for Construct Concrete Curb to Join to Curb Ramp shall be paid at the price per lineal foot shown in the Bid Schedule. Such payment shall include full compensation for all labor, materials, tools, equipment, and incidentals required for TS-8 Agreement No. 7064 this work. ALTERNATIVE BID ITEM: REMOVE AND REPLACE ADDITIONAL 6-INCH- THICK X 1-FOOT-WIDE ASPHALT SLOT PATC I OVER 6-INCH-THICK AGGREGATE BASE This work includes asphalt concrete slot patching, if requested by City staff in addition to that required by other bid items. Unless otherwise requested by City staff, the width of the slot patches shall be 1 foot measured from the outer edge of the asphalt concrete slot patching already included with concrete work. The existing asphalt concrete shall be neatly sawcut and removed at the join lines. The Contractor shall remove tree and plant roots to a depth of two feet below grade prior to compacting the soil to 95%. Sawcuts shall be neatly perpendicular or parallel to the curb face. All vertical surfaces to receive new asphalt concrete paving shall be tack coated with PG 64-10 liquid asphalt prior to paving. Aggregate Base shall be Crushed Miscellaneous Base in accordance with SSPWC Section 200-2.4 and shall be placed in accordance with SSPWC 301-2. Asphalt Concrete shall be class and grade C2 PG 64-10 in accordance with SSPWC Section 203-6 and shall be placed in two separate lifts, and in accordance with SSPWC Section 302-5. Measurement and Payment Payment for Construct 6-inch-Thick x 1-Foot-Wide Asphalt Concrete Slot Patch On 6- inch Thick Aggregate Base shall be paid at the price per square foot shown in the Bid Schedule. Such payment shall include full compensation for all labor, materials, tools, equipment, and incidentals required for this work. 9. MISCELLANEOUS IMPROVEMENTS Item 9 shall be determined by the City on an as needed basis. The work includes any miscellaneous improvements related to the project. Measurement and Payment Payment for Miscellaneous Improvements shall be at the lump sum price as shown in the Bid Schedule. Such payment shall be considered full compensation for furnishing all labor, materials, tools, equipment, incidentals, and appurtenances necessary to perform the work. TS-9 Agreement No. 7064 5.0 COI STRIWTION & DEMOLITION MATERIALS RECYCLING REQUIREMENTS The Contractor shall divert all Construction and Demolition (C&D) project - generated -waste 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: PART 1 GENERAL 1.1 SUMMARY A. This Section includes the following: procedures for ensuring optimal diversion of construction and demolition (C&D) waste materials generated by the Work within the limits of the Construction Schedule and Contract Sum. 1. The Integrated Solid Waste Management Act of 1989 ("AB 939"), requires that localities throughout the state develop source reduction, reuse, recycling, and composting programs to reduce the tonnage of solid waste disposed in landfills by 50%; this requirement may increase in the future. C&D waste materials generated by the Work are targeted to achieve these diversion rates. 2. A minimum of 50% by weight of the solid wastes generated in the Work shall be diverted from landfill disposal through a combination of reuse, recycling, and composting activities. 3.. This section includes requirements for submittal of C&D Debris Management Plan prior to the commencement of the Work, and during the project, submittal of Contractor's quantitative reports for construction and demolition waste materials generated by the Contractor as a condition of approval of progress payments submitted to the Contracting Officer, and following completion of the project, as a condition of the release of final project retention. III-A-23 Agreement No. 7064 1.2 DEFINITIONS A. Class III Landfill. A landfill that accepts non -hazardous waste such as household, commercial, and industrial waste, resulting from construction, remodeling, repair, and demolition operations. A Class III landfill must have a solid -waste -facilities permit from the California Department of Resources Recycling and Recovery (CalRecycle) and be regulated by the Enforcement Agency. B. Construction and Demolition Debris or C&D Debris. Building materials and solid waste resulting from construction, remodeling, repair, cleanup, or demolition operations that are not hazardous as defined in California Code of Regulations, Title 22, Section 66261.3 et seq. This term includes, but is not limited to, asphalt, concrete, Portland cement, brick, lumber, gypsum wallboard, cardboard and other associated packaging, roofing material, ceramic tile, carpeting, plastic pipe, and steel. The debris may be commingled with rock, soil, tree stumps, and other vegetative matter resulting from land clearing and landscaping for construction or land development projects. C. Contracting Officer. The City of El Segundo City Engineer or designee. D. C&D Recycling Ceti ter. A facility that receives only C&D material that has been separated for reuse prior to receipt, in which the residual (disposed) amount of waste in the material is less than 10% of the amount separated for reuse or recycling, by weight. E. Disposal. Final deposition of C&D or inert debris into land, including stockpiling onto land of construction and demolition debris that has not been sorted for further processing or resale, if such stockpiling is for a period of time greater than 30 days; and construction and demolition debris that has been sorted for further processing or resale, if such stockpiling is for a period of time greater than one year, or stockpiling onto land of inert debris that is for a period of time greater than one year. F. Diversion or Divert. The reuse or recycling of construction and demolition debris to avoid disposal in a landfill. G. Enforcement Agency (EA). Enforcement agency as defined in Public Resources Code 40130. H. Inert Disposal Facility or Inert Waste Landfill. A disposal facility that accepts only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick, glass, and ceramics, for land disposal. I. Inert Solids or Inert Waste. Non -liquid solid wastes including, but not limited to, soil and concrete that do not contain hazardous waste or soluble III-A-24 Agreement No. 7064 pollutants at concentrations in excess of water quality objectives established by a regional Water Board pursuant to Division 7 (Sections 13000 et seq) of the California Water Code and does not contain significant quantities of decomposable solid resources. J. Mixed C&D Debris. Loads that include commingled recyclable and non - recyclable C&D debris generated at the construction site. K. Mixed Debris Recycling Facility. A processing facility that accepts loads of solid waste and/or recycling materials for the purpose of recovering reusable, recyclable, and compostable materials and disposing the non - recyclable residual materials. L. Recycling. The process of sorting, cleansing, treating and reconstituting materials for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating or thermally destroying solid waste. M. Reuse. The use of a material that might otherwise be discarded, in the same or similar form as it was produced. N. Separated for Reuse. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated." O. Solid Waste. Refer to Public Resources Code Section 40191. P. Source -Separated. Materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream at the point of generation, for the purpose of additional sorting or processing of those materials for reuse or recycling in order to return them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. III-A-25 Agreement No. 7064 PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 SALVAGE, REUSE, RECYCLING AND PROCEDURES A. Identify reuse, salvage, and recycling facilities: Refer to the City's website for a list of local organizations and companies. l'ittns://www.else�cindo.or overiiti eiitlde artil entsl t, blic-worksltt,ash- rec clip B. Develop and implement procedures to reuse, salvage, and recycle new construction and excavation materials, based on the Contract Documents, the C&D Debris Waste Management Plan, estimated quantities of available materials, and availability of recycling facilities. Procedures may include on -site recycling, source separated recycling, and/or mixed debris recycling efforts. 1. Identify materials that are feasible for salvage, determine requirements for site storage, and transportation of materials to a salvage facility. 2. Explore the possibility of reusing project job -site inert materials, such as rock, concrete, dirt, and aggregate, on -site for road base or other similar uses. 3. Source separate new construction, excavation and demolition materials including, but not limited to the following types: a. Asphalt b. Concrete, concrete block, slump stone (decorative concrete block), and rocks. 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 loads of mixed (commingled) new construction materials that cannot be feasibly source -separated to a mixed materials recycling facility. 5. Contractor may develop their own C&D Debris Management Plan based on CALGreen requirements or use available City forms, found in the Appendices as follows: a. Form PW-A — Project Information b. Form PW-B — Pre -Project Worksheet C. Form PW-B1 — Pre -Project Worksheet (This form is to be III-A-26 Agreement No. 7064 completed only if you plan to use your own company -owned bins/trucks for disposition of material.) d. Form PW-C — Post -Project Summary e. Form PW-D — Exemption Request — only use if it is infeasible to comply with requirements. 3.2 DISPOSAL OPERATIONS AND WASTE HAULING A. Legally transport and dispose of materials that cannot be delivered to a source -separated or mixed recycling facility to a transfer station or disposal facility that can legally accept the materials for the purpose of disposal. B. Use a permitted waste hauler or Contractor's trucking services and personnel. To confirm valid permitted status of waste haulers, visit the City of El Segundo website: htt)s://www.else iiiido.or l overnnieantlde artmentsl tiblic worksltrasl - re fang 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 jobsite. 3.3 REUSE AND DONATION OPTIONS A, Implement a reuse program to the greatest extent feasible. Options for reuse may include, but are not limited to: 1. Los Angeles County Materials Exchange (LACOMax) LACoMAX is a free service provided by the Los Angeles County Department of Public Works, Environmental Programs Division, designed to help residents, businesses, and organizations in Los Angeles County find markets for their industrial by-products, surplus materials, and other would-be discards. All exchanges are coordinated between the parties. The site can be accessed at littp://www.ladpw.gM/cLA/lacoinax. 2. California Materials Exchange (Ca1MAX) is a free service provided by the State of California, Department of Resources Recycling and Recovery (CalRecycle) that connects businesses, organizations, manufacturers, schools, and individuals with online resources for III-A-27 Agreement No. 7064 exchanging materials. The site can be accessed at www.ca1mc1e.ca.gov/CalNLkX 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.liabitat.org/restoi-es 3.4 REVENUE A. Revenues or other savings obtained from recycled, re -used, or salvaged materials shall accrue to Contractor unless otherwise noted in the Contract Documents. END OF SECTION III-A-28 Agreement No. 7064 r ,; Iiiiiiwiiiii �J r + CHECKLIST OF REQUIRED FEDERAL LABOR COMPLIANCE DOCUMENTS TO BE COMPLETED, SIGNED AND SUBMITTED WITH BID EXHIBITS 1-17 CURRENT APPLICABLE WAGE DECISION IV-1 Agreement No. 7064 City of El Segundo CDBG Project 602708-23 El Segundo Installation of ADA Access Ramps Exhibit 1 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Exhibit 2 Federal Labor Standards Provisions - HUD-4010 Exhibit 3 Federal Equal Employment Opportunity / Affirmative Action Provisions Exhibit 4 Contracting With Small Business, Minority Firms, Women's Business Enterprise, and Labor Surplus Area Firms Exhibit 5 Compliance with Clean Air and Water Acts Exhibit 6 Worker's Compensation Certification Exhibit 7 List of Proposed Subcontractors or Sub -Tier Contractors Exhibit 8 Certification of Understanding and Authorization Exhibit 9 Request for Additional Classification and Rate Exhibit 10 Non -Segregated Facilities Certification Exhibit 11 Past Performance Certification Exhibit 12 Notice of Equal Employment Opportunity Exhibit 13 Federal Lobbyist Certification Exhibit 14 County Lobbyist Certification Exhibit 15 Federal Wage Decision Exhibit 16 Fringe Benefit Statement Exhibit 17 Certified Payroll Report Form © MDG Associates, Inc. 2021 IV-2 Agreement No. 7064 EXHIBIT 1 Summary of Contract Provisions for Inclusion in the Notice Inviting Bids Prevailing Wa a Statement: This contract will be funded in whole or in part with federal housing and community development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis -Bacon and Related Acts will be enforced. A copy of the Federal Wage Decision applicable to this project is included in the Bid Document. This is project is a public work in the State of California, funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and to employ apprentices, including forfeitures and debarment. The State Wage Decision is on file at the City Clerk's office, and is also available online at htfr, s: www,dir,ca, v o rl 2023-1 /PWDlindex.htm. ApprgiriticeshipProgram: Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Minority and Women awned Business. Bidders will be required to document their status as a Minority Business Enterprise (MBE), a Women -owned Business Enterprise (MBE) or a non-MBE/WBE firm. Bidders that are not MBE/WBE firms will be required to make a good faith effort, and to document their efforts to include firms as part of the contract bid. Conflict of Interest: [2 CFR Part 200.318(c) (1) (2)] The CONTRACTOR agrees to incorporate the language found in this section in contracts using Community Development Block Grant (CDBG) funds and subject to compliance with conflict of interest Federal, State and County laws. The general rule shall be that no person described in the Persons covered section below who exercises, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Persons covered - The conflict -of -interest provisions of this section shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the CONTRACTOR, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds. The CONTRACTOR represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1 %) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the County or the Los Angeles County Development Authority (LACDA). Upon execution of this Contract and during its term, as appropriate, the CONTRACTOR shall, disclose in writing to the City any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County's and/or LACDA's interest and the interests of the third parties. Exhibit 1 - Page 1 of 3 IV-3 Agreement No. 7064 Discrimination Against Persons with Limited English Pr ficlenc REP): The CONTRACTOR shall comply with Executive Order 13166, titled "Improving Access to Services by Persons with Limited English Proficiency." Executive Order 13166 requires that federally assisted agencies make reasonable efforts to provide language assistance to ensure meaningful access for Limited English Proficiency (LEP) persons to the agency's programs and activities. HUD guidelines on LEP were published in the Federal Register on January 22, 2007 and were effective February 21, 2007. These HUD guidelines should be applied to federally subsidized housing, programs and other services which may be contracted out to other Contractors. Architectural Barriers Act and the Americans with Disabilities Act: The CONTRACTOR shall comply with the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally -funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed, or altered with funds allocated or reallocated 40.2 or the definition of building as defined in 41 CFR Part 101, is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 for residential structures and Appendix A to 41 CFR Parts 101-19 for general type buildings). The Americans with Disabilities Act (42 U.S.C. Section 12131; 47 U.S.C. Sections 155.201, 218 and 225)(ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy after January 26, 1993 that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable, easily accomplishable and able to be carried out without much difficulty or expense under this part after December 11, 1995, and that meets the definition of residential structure as defined in 24 CFR Section 40.2. Portent Rights and Copyrights, [24 CFR Part 85.36(i)]: The CONTRACTOR agrees that results in any discovery, invention or copyrightable material which may develop in the course of or under contract, the Contractor reserves the right to royalty -free, non-exclusive and irrevocable license to use and to authorize others to use, the work for government purpose. Energy Policy and Conservation Act [42 USC §6201 et seq.]: The CONTRACTOR agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act and its requirements in the performance of this contract. Awards to Parties on Federal Excluded Panties Mist EPL [2 CFR Part 200 - Appendix II(A)]: The CONTRACTOR affirms that it is not on the Federal Excluded Parties List and agrees to comply with 2 CFR Part 200 - Appendix II(A), which prohibits Federal funds as contract awards to any entity on the Federal Excluded Parties List maintained on www.sarn.gov. Federal Byrd Anti -Lobbying Amendment [31 U.S.C. 1352]: The CONTRACTOR affirms that in the procurement and performance of this contract, it was and is in compliance with the Byrd Anti -Lobbying Amendment. Adherence to Count 's Child Support Compliance Pro ram: The Contractor acknowledges that the County has established a goal of ensuring that all individuals who benefit financially from the County through contract are in compliance with their court -ordered child, family and spousal support obligations in order to mitigate the economic burden otherwise imposed upon the County Exhibit 1 - Page 2 of 3 IV-4 Agreement No. 7064 and its taxpayers. As required by the County's Child Support Compliance Program (County Code Chapter 2.200) and without limiting the Contractor's duty under this Contract to comply with all applicable provisions of the law, the Contractor warrants that it is now in compliance and shall during the term of this Contract maintain compliance with employment and wage reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support, pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). Warranty of Compliance, with noun 's Defaulted: Property Tax Reduction Program: The CONTRACTOR acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Contractor qualifies for an exemption or exclusion, the Contractor warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Contract will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206. Executive Order 11738 - Environmental Debarments [38 FR 25161, 3 CFR, 1971-1975 Comp., p. 799]: The CONTRACTOR affirms that it does not have a conviction and/or Federal debarment for an offense under section 113(c)(1) of the Air Act or section 309(c) of the Water Act and agrees to comply with Federal Air Act and Water Act regulations and requirements. Clean Air Wafter Pollution Control Acts J33 U.S.C. § 1251 et seq.]: The CONTRACTOR and all Subcontractors agree to comply with the Clean Air and Water Pollution Control Acts requirements as applicable in the performance of this contract. Exhibit 1 - Page 3 of 3 IV-5 Agreement No. 7064 EXHIBIT 2 Federal Labor Standards Provisions (Next Page) © MDG Associates, Inc. 2021 IV-6 Agreement No. 7064 HUD-4010 U.S. Department of Housing and Urban Development Federal Labor Standards Provisions Office of Davis -Bacon and Labor Standards A. APPLICABILITY The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America, and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. (1) MINIMUM WAGES (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment, computed at rates not less than those contained in the wage determination of the Secretary of Labor (which is attached hereto and made a part hereof), regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH1321)) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place, where it can be easily seen by the workers. (ii) Additional Classifications. (A) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor, the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division ("Administrator"), Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget ("OMB") under OMB control number 1235-0023.) (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, or HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) HUD-4010 (06/2022) Previous editions are obsolete. Page 1 of 5 ref. Handbook 1344.1 IV-7 Agreement No. 7064 (D) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (1)(ii)(B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1235-0023.) (2) Withholding. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The U.S. Department of Labor shall make such disbursements in the case of direct Davis -Bacon Act contracts. (3) Payrolls and basic records. Maintaining Payroll Records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification(s), hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under 29 CFR 5.5(a)(1)(iv), that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1235-0023 and 1215-0018) (ii) Certified Payroll Reports. (A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/agencies/whd/forms or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. HUD-4010 (06/2022) Previous editions are obsolete. Page 2 of 5 ref. Handbook 1344.1 IV-8 Agreement No. 7064 Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the U.S. Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1235-0008.) (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract; and (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (a)(3)(ii)(b). (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph (a)(3)(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the U.S. Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency (where appropriate), to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the rovisions of the a renticeshi ro ram. HUD-4010 (06/2022) Previous editions are obsolete. Page 3 of 5 ref. Handbook 1344.1 IV-9 Agreement No. 7064 If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed, unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract. (6) Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs (1) through (11) in this paragraph (a) and such other clauses as HUD or its designee may, by appropriate instructions, require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of Eligibility. (i) By entering into this Contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Actor 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. HUD-4010 (06/2022) Previous editions are obsolete. Page 4 of 5 ref. Handbook 1344.1 IV-10 Agreement No. 7064 (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) Anyone who knowingly makes, presents, or submits a false, fictitious, or fraudulent statement, representation or certification is subject to criminal, civil and/or administrative sanctions, including fines, penalties, and imprisonment (e.g., 18 U.S.C. §§ 287, 1001, 1010, 1012; 31 U.S.C. §§ 3729, 3802. (11) Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic, to whom the wage, salary, or other labor standards provisions of this Contract are applicable, shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The provisions of this paragraph (b) are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph B(1) of this paragraph, the contractor, and any subcontractor responsible therefor, shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph B(1) of this paragraph, in the sum set by the U.S. Department of Labor at 29 CFR 5.5(b)(2) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph B(1) of this paragraph. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461 Note), the DOL adjusts this civil monetary penalty for inflation no later than January 15 each year. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall, upon its own action or upon written request of an authorized representative of the U.S. Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract, or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages, as provided in the clause set forth in subparagraph B(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph B(1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs B(1) through (4) of this paragraph. C. HEALTH AND SAFETY The provisions of this paragraph (c) are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his or her health and safety, as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to 29 CFR Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96), 40 U.S.C. § 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract, so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete. Page 5 of 5 HUD-4010 (06/2022) ref. Handbook 1344.1 IV-11 Agreement No. 7064 EXHIBIT 3 Federal Equal Employment Opportunity / Affirmative Action Provisions 1. EQUAL OPPORTUNITY CLAUSE. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the contractor's noncompliance with the nondiscrimination clause of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole, or in part, and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g. The contractor will include the provisions of Paragraph 1 a through 1 g in every subcontract or purchase order unless exempted by rule, regulations, or orders of © MDG Associates, Inc. 2021 Page 1 EEO/Affirmative Action Provisions IV - 12 Agreement No. 7064 the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (Executive Order 1 1246) a. The Offeror's or Bidder's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Specifications set forth herein. b. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregated work force in each trade on all construction work in the covered area, are as follows: Timetables Location of Work by Goals for Minority Goals for Female Standard Metropolitan Participation in Participation in Statistical Area SMSA Each Trade Each Trade 0360 Anaheim -Santa Ana -Garden Grove, CA 11.9% 6.9% 4480 Los Angeles -Long Beach, CA 28.3% 6.9% 6000 Oxnard -Simi Valley -Ventura, CA 21.5% 6.9% 6780 Riverside -San Bernardino -Ontario, CA 19.0% 6.9% 7480 Santa Barbara -Santa Maria -Lompoc, CA 19.7% 6.9% 7320 San Diego, CA 16.9% 6.9% 6920 Sacramento, CA 16.1 % 6.9% 8520 Tucson, Pima AZ 24.1 % 6.9% 6200 Phoenix, Maricopa AZ 15.8% 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non - federally involved construction. The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations of 41 © MDG Associates, Inc. 2021 Page 2 EEO/Affirmative Action Provisions IV-13 Agreement No. 7064 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. C. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. d. As used in this notice, and in the contract resulting from this solicitation, the covered area is the Standard Metropolitan Statistical Area of Los Angeles -Long Beach, specifically the County of Los Angeles, State of California. STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS (Executive Order 11246). a. As used in these specifications: (1) Covered area means the geographical area described in the solicitation from which this contract resulted; (2) Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; (3) Employer Identification Number (EIN) means the Federal Social Security Number used on the Employer's Quarterly Federal Tax Return, United States Treasury Department Form 941. (4) Minority includes: (a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin) (b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or o(gin, regardless of race); (c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the pacific Islands); and (d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the © MDG Associates, Inc. 2021 Page 3 EEO/Affirmative Action Provisions IV-14 Agreement No. 7064 notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. c. If the contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the United States Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and time tables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO Clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs 3g (1) through 3g (16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonable be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. e. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minority or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the United States Department of Labor. g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: © MDG Associates, Inc. 2021 Page 4 EEO/Affirmative Action Provisions IV-15 Agreement No. 7064 (1) Ensure and maintain working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organization's responses. (3) Maintain a current file of the name, address, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken. (4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 3g (2) above. (6) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on- site supervisory © MDG Associates, Inc. 2021 Page 5 EEO/Affirmative Action Provisions IV-16 Agreement No. 7064 personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. (9) Direct its recruitment efforts, both oral and written, to minority, female, and community organizations; to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the contractor shall send written notification to organizations such as the above, describing the opening, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth, both on the site and in other areas of a contractor's work force. (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3, Uniform Guidelines on Employee Selection Procedures. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. (14) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. © MDG Associates, Inc. 2021 Page 6 EEO/Affirmative Action Provisions IV-17 Agreement No. 7064 (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations 3g(1) through (16). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 3g(1) though (16) of these specifications provided that the contractor actively participates in the group, makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sec or national origin. k. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. M. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative actions steps, at least as extensive as those standards prescribed in Paragraph 3g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-1.8 (Show Cause Notice). © MDG Associates, Inc. 2021 Page 7 EEO/Affirmative Action Provisions IV-18 Agreement No. 7064 n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). p„ The Director, from time to time, shall issue goals and timetables for minority and female utilization which shall be based on appropriate work force, demographic or other relevant data and which shall cover construction projects or construction contracts performed in specific geographic areas. The goals, which shall be applicable to each construction trade in a covered contractor's or subcontractor's entire work force which is working in the area covered by the goals and timetables, shall be published as notices in the Federal Register, and shall be inserted by the contracting officers and applicants, as applicable, in the Notice required by 41 CFR 60-4.2. 4. SPECIFIC EEO REQUIREMENTS. For a federally assisted construction contract in excess of $10,000, the contractor/subcontractor shall: a. Forward the following EEO certification forms to the contract awarding authority prior to contract award: Certification of Non -segregated Facilities and Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. b. Submit a notification of subcontracts awarded to the Director, Office of Federal Contract Compliance Programs, United States Department of Labor - ESA, 200 Constitutional Avenue, NW, Room C3325, Washington, D.C., 20210, within 10 working days of award of any subcontract in excess of $10,000, listing the name, address, and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting date and completion dates of the subcontract; and the geographical area in which the contract is to be performed. C. Send a notice of the contractor's commitment to equal employment opportunity to labor unions or representatives of workers prior to commencement of construction work. d. Display an equal employment opportunity poster in a conspicuous place available to employees and applicants for employment. © MDG Associates, Inc. 2021 Page 8 EEO/Affirmative Action Provisions IV-19 Agreement No. 7064 e. For contracts in excess of $10,000, bind subcontractors to the Federal Equal Employment Opportunity requirements by including the provisions of Paragraphs 1 through 3, above, in the subcontract. Upon commencement of construction work and until the work is completed, forward the Monthly Employment Utilization Report (Form CC-257) to the contract awarding authority by the end of each work month. With the initial monthly report, the contractor/subcontractor shall attach the Contractor's List of Federal and Non - Federal Work in Bid Condition Area to the monthly report. 5„ CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 6. SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 7. THE AGE DISCRIMINATION ACT OF 1975. No person in the Unites States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 8. REHABILITATION ACT OF 1973. No otherwise qualified individual with handicaps in the United States shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. © MDG Associates, Inc. 2021 Page 9 EEO/Affirmative Action Provisions IV-20 Agreement No. 7064 EXHIBIT 4 CONTRACTING WITH SMALL BUSINESS, MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS It is national policy to award a fair share of contracts to Small business and Minority Firms. Accordingly, affirmative steps must be taken to assure that Small Business and Minority Firms are utilized when possible, as sources of supplies, equipment, construction and services. Affirmative steps include the following: 1. Include qualified Small Business and Minority Firms on solicitation lists. 2. Assure that Small Business and Minority Firms are solicited whenever they are potential sources. 3. When economically feasible, divide total requirements into smaller tasks or quantities so as to permit maximum Small Business and Minority Firm participation. 4. Where the requirement permits, establish delivery schedules which will encourage participation by Small Business and Minority Firms. 5. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce, as required. 6. If any subcontracts are to be let, requiring the prime contractor to take the affirmative steps identified above. 7. Contractors shall take similar appropriate affirmative action in support of Women's Business Enterprises. 8. Contractors are encouraged to procure goods and services from Labor Surplus Areas. IV-21 Agreement No. 7064 EXHIBIT 5 Compliance with Clean Air and Water Acts During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: 1. A stipulation by the contractor or subcontractors, that any facility to be utilizes in the performance of any non-exempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions. © MDG Associates, Inc. 2021 IV-22 Agreement No. 7064 EXHIBIT b Worker's Compensation Cerfificafion DATE PROJECT NAME COMPANY NAME COMPANY ADDRESS I certify, by signature below, that I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for worker's 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. AUTHORIZED OFFICIAL SIGNATURE © MDG Associates, Inc. 2021 AUTHORIZED OFFICIAL TITLE/CAPACITY MOM IV-23 Agreement No. 7064 EXHIBIT 7 List of Proposed Subcontractors or Sub -Tier Contractors PR(Sir-cr PROJEU NUMBER AWARDING AGENCY COMPANY NAME BKWCOWRACUSUBCOWRACT DOLLAR MAOMT 7TiONE NUMBER COMPANY ADDRESS FAXNUMBER LICENSE NUMBER EMPLOYER DEWIFICAPON NUMBEP DUNS NUMBER E MAR Contractor must list all subcontracts or sub -tier contracts involving labor at the site of construction, regardless of dollar amount or percentage of bid. ............. — _ ........... Sub or Sub -Her Contractor's: Contractor Employer DUNS Contract Estimated Estimated ......... ... Name, Address, and Telephone Number License Identification Start Completion . ........... — ----- . . ....... Number Number Number Amount Date Date Trades to to be Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. . . . . . . . . . . . . . ............ . . . . . . . . .... .............. . . ........ ........... .......... . . ....... ..... . ............. ........ . . .... . . ...... . . ..... . ..... ... AUMORIZED OFFOAL NAME A1.11111ORIZED OFFICIM TRE/C AF'ACffY AUMORIZED OFFICIAL _SKMAWRE GAVE @ MDG Associates, Inc. 2021 IV-24 Agreement No. 7064 PROJECT NAME/NUMBER COMPANY NAME EXHIBIT 8 Certification of Understanding and Authorization AWARDING AGENCY LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER This is to certify that the principal(s), and the authorized payroll officer listed below, have read the "Contractor's Guide to Prevailing Wage Requirements for Federally Assisted Construction" and the Federal Labor Standards Provisions (HUD-4010 form) and that both parties understand these requirements. The following person is designated as the payroll officer for the company and is authorized to sign the Statement of Compliance that will accompany each weekly Certified Payroll Report for the project: PAYROLL OFFICER: (Individual Responsible for Signing Statements of Compliance) NAME TITLE SIGNAURE DATE PRINCIPAL OWNER I GENERAL PARTINER: (Listed on CSLB Personnel List) NAME TITLE SIGNAURE DATE © MDG Associates, Inc. 2021 IV-25 Agreement No. 7064 EXHIBIT 9 Request for Additional Classification and Rate © MDG Associates, Inc. 2021 (Next Page) IV-26 Agreement No. 7064 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE AY.,i °pp—WN—W�29MA..'0m1 lu::- W31/2 22y 1. FROM (name and address of requesting agency) 2. PROJECT NAME AND NUMBER 3. LOCATtON OF PROJECT (City, County and State) 4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION ❑ Building ❑ Residential ❑ Heavy ❑ Other (specify) ❑ Highway 6. WAGE DECISION NO_ (include modification number, if any) DATE of WAGE DECISION: 7. WAGE DECISION EFFECTIVE DATE (LOCKaN): ❑ COPY ATTACHED 8. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (If any) 9. PRIME CONTRACTOR (name, address) 9a. 10. SUBCONTRACTORIEMPLOYER, IF APPLICABLE (name, address) ❑ Agree ❑ Disagree 9b. SIGNATURE DATE Check All T-1111, hat Ailr ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rate(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. ❑ The interested parties, including the employees or their authorized representatives, agree on the classificatlon(s) and wage rate(s). ❑ Supporting documentation attached, including applicable wage decision. Check One: ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria. DOL decision requested„ FOR HUD USE ONLY LR2000: Agency Representative Dale Log in: (Typed name and signature) Log out: Phone Number IV-27 Agreement No. 7064 EXHIBIT 10 Non -Segregated Facilities Certification PROJECT NUMBER COMPANY NAME BID/CONTRACT DOLLAR AMOUNT .............. LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER The federally -assisted construction contractor certifies that he/she does not and will not: 1. Maintain or provide, for his/her employees, any segregated facilities at any of his/her establishments. 2. Permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term segregated facilities means any waiting room, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally -assisted contractor agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he/she will retain such certifications in his/her files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL SIGNATURE AUTHORIZED OFFICIAL TITLE/CAPACITY DATE © MDG Associates, Inc. 2021 IV - 28 Agreement No. 7064 EXHIBIT 11 Past Performance Certification PROJECT NAME PROJECT NUMBER NUMBER OF EMPLOYEES COMPANY NAME 141..,,.,. , wi LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER The ❑ bidder, ❑ proposed sub -contractor, hereby certifies that he/she ❑ has, ❑ has not, participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he/she ❑ has, ❑ has not, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL SIGNATURE AUTHORIZED OFFICIAL TITLE/CAPACITY DATE NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5 (Generally only contracts or subcontracts of $10,000 or under are exempt). Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the U.S. Department of the Interior or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. SF-100 EEO-1 Must be fife b (A) All private employers who are: (1) Subject to Title VII of the Civil Rights Act of 1964 (as amended) with 100 or more employees. (2) Subject to Title VII who has fewer than 100 employees, if the company is owned or affiliated with another company, or there is centralized ownership, control or management so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees. (B) All federal contractors (private employers), who: (1) Are not exempt as provided for by 41 CFR 60-1.5 (2) Have 50 or more employees, and a. Are prime contractors or first -tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or b. Serve as a depository of Government funds in any amount, or C. Is a financial institution, which is an issuing, and paying agent for U.S. Savings Bonds and Notes. © MDG Associates, Inc. 2021 IV - 29 Agreement No. 7064 TO: EXHIBIT 12 Notice of Equal Employment Opportunity NAME OF LABOR UNION, WORKERS REPRESENTATIVE, ETC. ADDRESS PROJECT NAME COMPANY NAME COMPANY ADDRESS PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER The Undersigned currently holds a contract with involving funds of the U. S. Government, or a subcontract with a prime contractor holding such contract. You are advised that under the provisions of the above contract or subcontract, and in accordance with Executive Order 11246, the undersigned is obligated not to discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. This obligation not to discriminate in employment includes, but is not limited to the follow: 1. Hiring, placement, upgrading, transfer or demotion; 2. Recruitment, advertising or solicitation for employment; 3. Treatment during employment; 4. Rates of pay or other forms of compensation; 5. Selection for training, including apprenticeship; and 6. Layoff or termination. This notice is furnished to you pursuant to the provisions of the above contract or subcontract and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL SIGNATURE AUTHORIZED OFFICIAL TITLE/CAPACITY DATE © MDG Associates, Inc. 2021 IV-30 Agreement No. 7064 EXHIBIT 13 Federal Lobbyist Certification PROJECT NAME PROJECT NUMBER BID/CONTRACT DOLLAR AMOUNT COMPANY NAME COMPANY ADDRESS LICENSE NUMBER EMPLOYER IDENTIFICATION NUMBER DUNS NUMBER Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the U. S. Department of Housing and Urban Development and the body awarding this federally assisted construction contract: No Federal appropriated funds have been paid by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and; 3. The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub - recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. AUTHORIZED OFFICIAL NAME AUTHORIZED OFFICIAL SIGNATURE AUTHORIZED OFFICIAL TITLE/CAPACITY DATE © MDG Associates, Inc. 2021 IV-31 Agreement No. 7064 EXHIBIT 14 COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: Address: State: Zip Code: Telephone Number: ( Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Los Angeles County Development Authority (LACDA). 1) It is understood that each person/entity/firm who applies for a Los Angeles County Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code, Chapter 2.160 (Los Angeles County Ordinance 93-0031) and; 2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks a contract with the Los Angeles County -Development Authority shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with Los Angeles County and the Los Angeles County Development Authority. Authorized Official: By: (Contractor Subcontz-actor) (Signahue) (Date) (Title) IV-32 Agreement No. 7064 EXHIBIT 15 Federal Wage Decision See Appendix F © MDG Associates, Inc. 2021 IV-33 Exhibit 16 Agreement No. 7064 Contractor Fringe Benefit Statement Project Name: Bid Package or Sub To: JToday's Date: Contractor / Subcontractor: Business Address: Contractor's License No., Phone: IFax: In order that the proper Prevailing Wage Rates can be verified when checking payrolls on the above project, the hourly rates for fringe benefits, subsistence and/or travel allowance navrnents to emolovees_ of thA vnrinim rlaccPc of weenrk Prim to him tahi iintori hairmt Classification* Bid Advertisement Date: Subsistence or Travel: Required: Y ❑ N ❑ ,Determination: $ Group/Period: Increase Date(s): Indicate where fringes and training are paid. Indicate "cash to employee" when fringes are paid to the employee in their Base Rate:$ wages. Health & Welfare Paid To: Name: $ Address: c Pension Paid To: Name: N E $ Address: aVacation/Holiday Paid To: Name: 1 $ Address: N Other Paid To: Name: Q- $ Address: WTraining Paid To: Name: $ Address: Total Rate: Classification: Bid Advertisement Date: Subsistence or Travel:. Required: Y ❑ N ❑ Determination: $ Increase Date(s): Group/Period: Indicate where fringes and training are paid. Indicate"'cash to employee" when fringes are paid to the employee in their Base Rate:$ wages. Health & Welfare Paid To: Name: $ Address: N c Pension Paid To: Name: N $ Address: w Vacation/Holiday Paid To; Name $ Address: N o Other Paid To: Name: Q- $ Andress: WTraining Paid To: Name: $ Address: Total Rate: Revised fringe benefit statements must be submitted during the progress of work if a change in any rate of pay for an.X work classification is made. Submitted By. -(Please Print Title / Position: Sianature: IV-34 Agreement No. 7064 U.S. Department of Labor EXHIBIT 17 - PAYROLL Wage and Hour Division (For Contractors Optional Use; See Instructions at www.dol.gov/whd/formsfwh347!nstr.htm) ------ 1 _r- _nn,.,.n.,n -lid OMB control number. NAW. OF CONTRACTOR rj OR; aAIC TRACTOR ADDRESS OMB No.: 1235-0008 Expires: 02/28/2018 PAYROLL NO, FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO, NAME AND INDIVIDUAL IDENTIFYING NUMBER e.g, LAST FOUR DIGITS OF SOCIAL SECURITY "UtAll ER t WORKER (2) 2g ok: WORK CLASSIFICATION (4) DAY AND DATE TOTAL qOURS (6) RATE OFPAY (7) GROSS AMOUNT EARNED DEDUCTIONS NET WAGES PAID 5ORWr1iEK FICA I H_ HOLDING TAX OTHER TOTAL B f. DkX 1' HOUR$ WOLY'E'ri EACH DAY 0 . .......... rq ni a While —FAgt.n 0FounnuuH.S47'arpannot it ivsmridAnory liniac"r.cl elinirsum anda.oNyflVWtcni Porfrenningworkoo Federally financed or assisted conalractimembacts to respond to me mormaharn cooienon 6.id) True Cell;AIA (40U.S,C $ 3145) c.1ftagrtia and sutconlr an- am Forieriii(yfinameed or centiast, Pa "furnish ve.aWy . statement with respect to the wages paid each employee during the preceding week" U.S.. Department of Labor (DOL) regulations at 29 C F.R. § 5,5(.)(3)fiQ require contractors to uffiroit ..oldy a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by . algruad 'Statement of Compliance' indicating that the payrolls am correct and complete and that each latemr 4, njard'.*s has been paid not less than the proper Davis -Bacon prevailing wage rate for the work performed DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and lunge benefits, "'b"a Rural n Sto- lomit We estimate that is will take an average at 55 minutes to complete this collection, including time tor reviewing instructions, searching existing data ...mca, gathering and maintaining the data needed, and completing and revisOng the collection or information. If you have any comments regarding these estimates or any other ..post of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S, Department of Later, Roam S3502, 200 Constitution Avenue, N.W. Washington, D,C. 20210 IV-35 Agreement No. 7064 Date (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by (Contractor or Subcontractor) on the ; that during the payroll period commencing on the (Building or Work) day of and ending the day of , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said .......- from the full (Contractor or Subcontractor) weekly wages earned by any person and that nos deducddons have been made either direcddy, or indinerif + (ream pine furl wages earned by any person, other f9lan penitdu'sible dadlucttoos as defined to ReguafatiQns, Part 3 ('29 CYA, Subtitle A), issued by the Secretary of labor under tha Copetand Act,,. as amended (48 Star,. 948, 63 Slat. '108. 72 Star. 957', 76 Start.357° Oft U,S.O,. § 3145), and described betow: (2) That any payrolls mllaraafse under this contract required tlo be submittedfor the .above period are correct and complele;: that the wage rates for laborers oralieetranikCa contained I�fterein are not less than the applicable wage rates contained in any wage defaamnnalion incorporated into the contract; that the classifications set fanh therein ror' each laborer or mechanic conform with the work he performed. (3) That any appreRldces employed in the above period are dully rogWemd tut a bona fide apprerafic eship Program (09iStartad with a Slate appreinGieeshdp'agency recogrrtxmd by the Bureau or Apprenlacesht'p and 7`4Nrig, Untied States Department of Labor, or Id no Such recognkxrad agency esisis in a Sdata, are registered wish the Bureau of AppuendlcesNp and Training, United Slates DepaAmeht of Labor, (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ®— in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as rioted in section 4(c) "tow, IV-36 (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ — Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroti, an amount not less than the sum, gf'the applicable basic hourly wager rate pus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAF) EXPLANATION RE AM(S kdAA F ANO TMLE. SldrdA1URE THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUrrON.. SEE SECTION 1001 OF TITLE 1e AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE, Agreement No. 7064 APPENDICES A. City Map B. Typical No Parking Sign — El Segundo Standard ST-18 C. Construction and Demolition Recycling forms (included as part of Section III, Special Provisions) D. Centerline Tie Map E. ADA Curb Ramp Locations Map F. Federal Wage Decision G. Build America Buy America Quick Guide V-A-1 Agreement No. 7064 FIN rw 1 1 NIAl. Agreement No. 7064 Agreement No. 7064 Agreement No. 7064 12 11 ru A I v cr w M F- iw A cr w c'J I-- w 07 (DAY) DATE ( TIME) Nw.w MAW T' 000" W AWA �B COLOR LEGEND SIGN SHALL BE LIGHT REFLECTIVE AND BE RED MADE OF WATER RESISTANT STIFF CARDBOARD WHITE OR OTHER STIFF DURABLE MATERIAL. DESIGN BY: P.B. CITY OF EL SEGUNDO, CALIFORNIA APPROVED BY. ENGINEERING DIVISION cu%Aj I I - t4- -8q DATE: 11 .7 - 89 City Eiftallaw; R.E. 20( 8 0 9 Date DRAWN BY: Y. B. TYPICAL STANDARD DRAWING NO. DATE: 11. 13. 89 TEMPORARY NO PARKING SIGN ST-18 Agreement No. 7064 Agreement No. 7064 PW INSTRUCTIONS -City of El Segundo 1 Public Works Department (310) 524-2300 Construction and Demolition Debris Waste Management Plan (WMP) PUBLIC WORKS PROJECTS (including MUNICIPAL ROAD CONSTRUCTION, OVERLAY, SIDEWALK REPAIR OR LAND CLEARING PROJECTS) INSTRUCTIONS Pursuant to the California Green Building Code of 2016 (2016 CALGreen), the City of El Segundo requires diversion (repurposed, reused, or recycled) of at least 65% of non -hazardous construction and demolition (C&D) debris from Public Works projects. A C&D Waste Management Plan must be submitted to the Public Works Department for municipal projects or projects on public property. The contents of this packet, when completed, constitute a C&D Debris Waste Management Plan (WMP). This packet is designed to track the amount of C&D debris diverted or disposed from your City -related (i.e. Public Works) project. If you believe your project cannot achieve the required diversion, you must complete and submit Form PW-D, the EXEMPTION REQUEST form, to the City (i.e. your Project Manager) explaining the circumstances, and requesting an exemption from the requirements. Ste 1. Complete, Farms PW-A and PW-I3 Form PW-A is the PROJECT INFORMATION form. This form asks for basic project information, such as name, type, description, location, and contractor contact information. Form PW-B is the PRE -PROJECT WORKSHEET form. This form asks for estimated amounts of debris that will be generated by the project. Option I.- If you are electing to contract with hauler(s) from the Authorized Hauler list who will handle recycling compliance on your behalf, complete Form PW-B (short form). Option 22., If you will be handling all waste management activities (through direct hauling or use of own bins), complete Form PW-131. Estimate the weight of the C&D debris, by material type, that will be recycled, reused, salvaged, disposed and/or transformed from your project. You must complete either Form PW-B or PW-61. Ste : Submit Forms to Public Works Forms PW-A and PW-B (or PW-131) must be submitted to your Public Works Project Manager and approved prior to commencing work. Ste : Complete POST -PROJECT SUMMARY - FORM PW-C At least 5 business days prior to contractor requesting release of final project retention, submit a completed FORM PW-C to your Public Works Project Manager. )TE'* A FACILITY INFO list showing nearby companies that accept C&D materials for recycling is included in this packet. This list developed to assist you in finding local facilities to use as an alternative to disposal. If you use a certified mixed C&D processing lity, your project will meet the diversion requirements. are authorized haulers that do business in El Segundo. The HAULER LIST showing companies that are authorized to collect waste inEI Segundo is included in this packet. You must use one of these haulers if contracting for waste removal service. For your convenience, there are electronic versions of the torms that will automatically Calculate waste generation, aisposay and diversion based on the data entered. Rev. 12/4/2020 Agreement No. 7064 FORM PW-A M City of El Segundo Date: L c Public Works Department PW Project Manager, (310) 524-2300 PW Project Name: Project Name: Contractor Name: Mailing Address: Ofc Phone No.: FORM PW-A - PROJECT INFORMATION Submit this form to the Public Works Department prior to commencing your project for all municipal Rr2jects subject to com liance or pro'ects on gublic ro e Project Address / Location: City / State / Zip: Cell No: Email: Project Type: Mark appropriate box in each column with an ' X': Estimated Project Start Date: Road (construction, overlay, repair) Facility Improvement (renovation, alteration, or addition) USE FORMS PROVIDED BY EL SEGUNDO COMMUNITY DEVELOPMENT DEPT Land Clearing (trail, grading, etc.) Other Estimated Project End Date: Request for Exemption: (If you are requesting an exemption, fill out Form PW-D: Exemption Request) To the best of my knowledge, the above information is an accurate representation of the proposed project. I have been made aware of the 2016 CALGreen requirements and will comply with all requirements. Print Name Title Signature ........ Date OFFICE USE ONLY - Approved Further Explanation Needed Reviewed By Denied EExempt Due to Infeasibility Date Rev. 12/4/2020 2 Agreement No. 7064 FORM PW-B City of El Segundo Date: Public Works Department PW Project Manager: (310) 524-2300 PW Project Name: FORM PW-B - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS This form must be comoleted and a roved or a demolition / bu_j1ding permit will not a Fssoed. Instead of completing a detailed accounting of the types and quantities of C&D debris that will be generated from this project (FORM PW-131), you have the option to select one of El Segundo's authorized waste haulers. These haulers can handle your project's debris in such a way as to comply with CALGreen standards. If you elect this option, please specify which authorized hauler(s) and/or facility(ies) you will be using and sign the acknowledgement below. El Segundo authorized hauler(s) and/or facility(ies) can be found on the City's website: tg2s266My�.elsc undo.c�- —_I rne�nt/de artmentaIp& rlic-v dks/crash-reo ciin It is your responsibility to ensure that the hauler knows you are contracting for "C&D Recycling Service" so that the material is properly handled and waste diverted. You need to obtain weight tickets from the hauler indicating the type and weight of the material collected. In order to comply with the requirements of the WMP, I will contract with the following hauler(s): Hauler: understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities which receive debris from this project and that I will submit a Post -Project Summary (FORM PW-C) at least b iness da s rio to i yt ins ection. Print Name Signature Date Rev.12/4/2020 Agreement No. 7064 FROM PW-Bl g City of El Segundo Date: f It R V Public Works Department PW Project Manager: L±APiw",;, ' (310) 524-2300 PW Project Name: FORM PW-B1 - PRE -PROJECT WORKSHEET - PUBLIC WORKS PROJECTS (This form is to be completed only if you plan to use your own company -owned bins/trucks for disposition of material] This form n2ust be eom leted arrd roved or a de otltiort J bu ldln ermFt ill not be issued. In the table below, list estimated weight or cubic yards of debris that will be generated, recycled, reused, salvaged, disposed, and/or transformed by this project. You must include all recyclers, salvage companies, recycle facilities, mixed -use material recovery facilities, landfills, and/or transformation facilties that will be used for the project. List of materials to be generated from the project: ex. wood, metal, concrete, asphalt, dryvvak cardboard, mixed C&D debris, etc. TONS CUBIC YARDS Reused/Salvaged/Donated Ex,: Habitat for Humanity, Thint Stores, regrind onsite, reuse fixtures, reuse dirf/concrete/asphall Recycled A facility that accepts 100% recyclable materials to be turned into other products. Delivered to Mixed C&D Recycling Facilties that recover some materials for recycling Disposed/Landfilled/Transformed Transfer station, landfill, or SERRF Generated (total of above) Facilities to be Used I or my company elect not to use an authorized hauler because I or my company own containers (bins or roll -off boxes) Initial Here and/or dump vehicles and will not be contracting for debris removal services. I understand that I am responsible for obtaining copies of any and all weight tickets from all haulers and/or facilities Initial Here which receive debris from this project and that I will submit a Post -Project Summary (FORM PW-C) at least 5 business daya prior to finalinspection. Print Name Signature Date Rev.12/4/2020 3-A Agreement No. 7064 Form PW-D ��- City of El Segundo hf- Public Works Department (310) 524-2300 rya Project Name: Contractor Name: Project Number: Form PW-D - Exemption Reguest Project Address: Project Manager: Date: If it is infeasible for you to comply with all of the requirements set forth by the Construction and Demolition Debris Recycling Form and you are requesting an infeasibilty exemption, please use the following space to explain why your project should be considered exempt from recycling requirements. PW OFFICE USE ONLY Exemption Approved: Yes No Reviewed by: Date: Rev. 12/4/2020 Agreement No. 7064 Form PW-C City. of El Segundo It01 Public Works Department "^ (310) 524 2300 tit'; �-``., Project Name: Contractor Name: Project Number: Form PW-C - Post Pro "ect Summary Project Address: Project Manager: Date: This form must be submitted to the Public Works Department at least 5 business days prior to project finalization. Provide facility name, material, and total tonnage disposed and/or diverted. Documentation must be attached (i.e. weight tickets). If an approved mixed waste processing facility was used, a report by the facility for this project is preferred. Return the completed form to the Public Works Department. You may use additional sheets if necessary. Iff you used one of the �City'sauthorized haulers or facilities, complete this section, then skip to the SIGNATURE section n below. I used to meet the recycling requirements. Weight tickets are attached. (List haulers and/or facilities that were used) 1. ES Please list all facilities (i.e. landfill and/or transformation, recycling/reuse/salvage, mixed C&D debris processing, materals recovery) used for this FACILITY NAME TONS DELIVERED TONS DIVERTED TONS DISPOSED DIVERSION RATE 1 2 3 4 Other (reused on site) TOTALS Please enter disposal and diversion totals for each item below, iaccording to letter, Totals Y �1 in reported must match those listed in Section t: TOTAL GENERATED (A) TOTAL DIVERTED E= (B) TOTAL DISPOSED (C) OVERALL PROJECT DIVERSION RATE 0.00%/° (B/A)`100 To the best of my knowledge, the above information is an accurate representation of the disposition of the construction and demolition materials generated on the jobsite. I understand that the City of El Segundo may audit disposal and recycling documentation for this project. Print Name Signature PW OFFICE USE ONLY Diversion Requirement Met: = Yes No Exemption: = Yes No Reviewed and Approved by: Date: Rev. 12/4/2020 Agreement No. 7064 Agreement No. 7064 r �"<, �i5��', AkP �.R �tiT lP�etE�kIWAT4&31%Akt ABli 4°CRRr �; 1 vdw itw 4 reY y!q aamra re 1 Wr f '' 4... In E4Jau �mry fly '� I J AY l' 1r. l dN ! ItM4 ��' 3�°I � ✓M "' " �r �� 1 IN flMl^'Rr YG !(6YIllI Jn�k '/'i n .: w1 Nr.+>, ,yi�4 �u+4e,l�r<r,G,�iurv�ya�,�a(ur�rr, i,,��;/ti„y�X6t�»W»�la iln � � �r,�;,�%'�ur�: urJRw.(i��u �buri6�5°u�i»"yF, C ACACIA AVEm'ry E.SMAMORf AVE -'1A/ I 2rt,'r, F MAPLE AVE, +�/or r ; �d F e u is t', D. IRENE, CT. m. 1. PALM AVE ,I, r d AW °�" ' �%1� � r� r ��, & MCA K,uwRIPDSA AVE. � r "�' Lp PIItlE Ave.. � ��'vr'y �, +� ik ��(��'�'�� +�� d✓� � � � "� I r.�: f �r p WHOLLY AVE. , r l i r1 4�K, ' Jryi 7�' v i J"^k % � �I jL f �y'N �. 1 �. 1 _ 44 go18a e8. 1 ' ak I Lb R. OWAMD AVE. �! Yy u'"rn 4 1� O. ALLEY S/GRAND AVE �° i µµ f �J P„ FRAMKLIM Mgr «>➢ Hv Ivr, Pu ,rwWe dwmW r,y�, n ,�,,,: �� ' ...Ca,. kiY2 , . D. BINDER ® ELSEY PL�h wAV% t%e�7Fu M } I� R. EL SEDUM OO BLVD ,,,, ,,. Pu o,,,a,:, „�,., „> i� r ... n;... .�k IBd.9PA'V, ti 4nS� 15'A S.CORAL CIRCLE (NORTH j', �w sa�Gwd o � Y '� s A A"A, ry B 10 II 12 tl 4 AM 21 U 22 2f 25 2e. 21 25 2e Iwo 51 55 5- 55 T:L_ORAL CIRCL.E'(SOUTHi U.UTAM AVE A ZyA W ALASKA AVE, �r+. q4 n.4�r �'(„W „dry+, J "OJY r 'M1 J' 1 i jl4 W. MaWAII STd„ J��fd r 'S '`� �� o X. ARK PL x V .1vT �f SCALE 1"=r20 Q S. Oh Y. ROSECWANS AVE uk!. c nv eu waro�r� '�1RY ` 1 ,,1 Ir l�� A Ab w" ear/r� oi..o S 1 ` N uwvw CITY OF EL SEGUNDo �: ' ' �' / w I CENTER LINE TIES INDEX %� I4/ A► // �I"iJy�r �� i�L a" z �M "J�i�'� Glryrrlrr�� lYr �11n, �, iG i T�/� SKETCH,FILE N0. 351 Agreement No. 7064 Agreement No. 7064 ................ — Location Map VN DO PW 24-05 CDBG ADA Curb Ramp Project Locations Manhattan Legend --- City Boundary '80," Constrict New ADA Vll All" Ramp Ile 0 Install Yellow Truncated Domes onto Existing Ramps Altemative Construct New fo 'A PJ ol 09 ADA Ramp Locations ElSegund ti 'N JTiAnd AvIl Notes No ScaW USCLAWER. Th. irf—I -he— an Phis ..p .—I rrom different 6S swtc*e 7h. Mrd II V"d Or, g. Moo ftPrqvP-'P0'*' "'Ity o 0 �xfiMe40 no 69 OvAvd oilA.W wdvp-don6 "O"Ke6I m b Ae 1h, (my WGS_1984_Web_Mercator Auxifiarv_Sphere Agreement No. 7064 MORE ALTERNATIVE CURB RAMP LOCATIONS Item No. I Description or Intersection I Corner I Unit I Qty I Unit Price (S) Total S) 10 Construct Additional ADA-Com liant Curb Ram Including Truncated Domes and Ad'acent Slot Patch 10-1 W. Pine Ave./Concord St. SE EA 1 10-2 W. Pine Ave./Concord St. NW EA 1 10-3 W. Grand Ave./Loma Vista St. NE EA 1 10-4 W. Grand Ave./Loma Vista St. NW EA 1 10-5 W. Grand Ave./Whiting St. NE EA I 10 6 W. Grand Ave./Whitim St. SE EA 1 Grand Ave./Whiting St. SW EA 1 W. Grand Ave./Whiting St NW EA 1 Alley Entrance on north side of W. Grand Ave. between Loma 10-9 n St. Vista St. and Whiting — NE .. EA 1 Alley Entrance on north side of W. Grand Ave. between Loma 10 10 Vista St. and Whiting St; _ YYYY NW EA 1 .. W Alley Entrance on south side of .Grand Ave. between Loma 1�0-1.1..... t. Vista St. .a.. � Whiting ........................ ._.....................................�m SE ......................�. EA 1 ,.._... — _.........................................,,m......__ Alley Entrance on south side of W. Grand Ave. between Loma u....1.0-1.....�.Vista St. and WhitinSt��...... �... ............................... .�SW EA:................1................ . ............ 10-13 gm a S t. W. GranAve. rr � m....... ... ...ee___ - NW �.... EA 1 _ ....._— � �.. ........ ae.�.. Alley Entrance.on north side of W. Grand Ave. between 10-14 Whiting St. and Virginia St. .�.....----._�.� .. NE ......._ EA 1 w .... ..r ...,� .... _�._.......� AlleyEntrance on north side of W. Grand Ave. between 5 10-1._— Whiting St. and Virginia St. _A, .... �.�... ... NW —__ EA .— ....... 1 — ........ ,. Alley Entrance on south side of W. Grand Ave. between 10-16 Whit,i,ng St. and Virginia St SW EA 1 10-17 - E. Holly Ave /Sierra St. -_ .... .,_....._ NE �... �... EA 1 10-18 E. Holly Ave./Sierra St. �,,..�..._ .......SE EA ...-m. 1 . 10-16 IE. Holly Ave./Sierra St. SW EA 1 10-17 E. Holly Ave./Sierra St. NW EA 1 Total More Alternative Curb Ramp Locations Agreement No. 7064 "General Decision Number: CA20240022 05/24/2024 Superseded General Decision Number: CA20230022 Agreement No. 7064 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway County: Los Angeles County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Contracts subject to the Davis -Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but do not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022: If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022: Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $12.90 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 1 01/12/2024 2 02/02/2024 3 02/09/2024 4 02/23/2024 5 03/08/2024 6 04/12/2024 7 05/24/2024 ASBE0005-002 09/01/2023 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems).....$ 49.58 25.27 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 36.97 20.36 ASBE0005-004 07/04/2022 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not).„.„$ 23.52 13.37 BOIL0092-003 01/01/2024 Rates Fringes BOILERMAKER...„ . ................ „$ 51.98 42.11 *--_.--__-.-...-__--_--.--------------._- BRCA0004-00705/01/2024 Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 45.53 20.29 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate * ---06/O1/20 --- --------------,...„ --------.----__.----.__ BRCA00 Rates Fringes MARBLE FINISHER,--,-.- 40.21 15.23 TILE FINISHER .................... $ 34.78 13.64 TILE LAYER.....„.„„„_ ...... ..... $ 48.29 19.18 W-----------. ------------------------- *BRCA0018-01009/01/20 Rates Fringes TERRAZZO FINISHER........„,.„„„„.$ 39.95 14.65 TERRAZZO WORKER/SETTER.„.......... $ 47.85 15.14 ------------------------------- _.--_,_,. ,____a- --------- --- CARP0213-001 07/01/2021, Rates Fringes CARPENTER (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer ...................$ 51.60 16.28 (2) Millwright ..............$ 52.10 16.48 (3) Piledrivermen/Derrick Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler (Commercial) ................$ 51.73 16.28 (4) Pneumatic Nailer, Power Stapler ............... $ 51.85 16.28 (5) Sawfiler...............$ 51.69 16.28 (6) Scaffold Builder .... ...$ 42.80 16.28 (7) Table Power Saw Operator ...... .„„.„..... .„„„$ 51.70 16.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers): $0.13 per hour additional. ---T_--_------.-r_.„.»----__.....-,_,__---_-_- CARP0213-07/01/2021 Rates Fringes Diver (1) Wet.. .........„„...„..$ 834.40 16.28 (2) Standby..„„.. ........... $ 445„84 16.28 (3) Tender........... _ ....$ 437.84 16.28 (4) Assistant Tender... ... ..$ 413.84 16.28 Amounts in ""Rates' column are per day CARP0213-004 07/01/2-----.____.--__-.--___---_-_-®.m.._--- 021 Rates Fringes Drywall DRYWALL INSTALLER/LATHER .... $ 51.60 16.28 Agreement No. 7064 STOCKER/SCRAPPER ........ .... $ 22.16 8.62 ------------------------------------------------------------- CARP0721-001 07/01/2021 Rates Fringes Agreement No. 7064 Modular Furniture Installer ...... $ 21.85 7.15 ELECO011-004 06/30/2023 Rates Fringes ELECTRICIAN (INSIDE ELECTRICAL WORK) Journeyman Electrician ...... $ 60.80 3%+29.77 ELECTRICIAN (INTELLIGENT TRANSPORTATION SYSTEMS Street Lighting, Traffic Signals, CCTV,and Underground Systems) Journeyman Transportation Electrician .................$ 60.80 3%+29.77 Technician ...............„..$ 45.60 3%+29.77 FOOT NOTE: CABLE SPLICER & INSTRUMENT PERSON: Recieve 5% additional per hour above Journeyman Electrician basic hourly rate. TUNNEL WORK: 10% additional per hour. SCOPE OF WORK - TRANSPORTATION SYSTEMS ELECTRICIAN: Installation of street lights and traffic signals, including electrical circuitry, programmable controllers, pedestal -mounted electrical meter enclosures and laying of pre -assembled multi -conductor cable in ducts, layout of electrical systems and communication installation, including proper position of trench depths and radius at duct banks, location for man holes, pull boxes, street lights and traffic signals. Installation of underground ducts for electrical, telephone, cable television and communication systems. Pulling,termination and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/cable. TECHNICIAN: Distribution of material at job site, manual excavation and backfill, installation of system conduits and raceways for electrical, telephone, cable television and communication systems. Pulling, terminating and splicing of traffic signal and street lighting conductors and electrical systems including interconnect, detector loop, fiber optic cable and video/data. 4 * ELECO011-007 01/01/2024 COMMUNICATIONS & SYSTEMS WORK (excludes any work on Intelligent Transportation Systems or CCTV highway systems) Rates Fringes Communications System Installer ...................$ 46.47 3%+17.08 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems Background -Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low -Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems -installation, wire pulling and testing. Agreement No. 7064 D. Television and Video Systems Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems CAN and CCTV E. Security Systems, Perimeter Security Systems, Vibration Sensor Systems Sonar/Infrared Monitoring Equipment, Access Control Systems, Card Access Systems *Fire Alarm Systems 1. Fire Alarms -In Raceways: Wire and cable pulling in raceways performed at the current electrician wage rate and fringe benefits. 2. Fire Alarms -Open Wire Systems: installed by the Technician. ----------®__________-.-._. ..______ ---- ELEC1245-00106/01/2022 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer.„$ 64.40 22.58 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment) ............. $ 50.00 21.30 (3) Groundman.... „..„„,.„...$ 38.23 20.89 (4) Powderman...............$ 51.87 18.79 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------,.._.e._,_____----------__d,---__---- ELEVOOIB-001 01/01/2024 Rates Fringes ELEVATOR MECHANIC ... .,„..„....... $ 66.63 37.885+a+b FOOTNOTE: a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---_---__-..m____..„,.__-.._.,_.a_r___. ENGIOOI2-004 08/01/2023 Rates Fringes OPERATOR: Power Equipment (DREDGING) (1) Leverman................$ 64.10 34.60 (2) Dredge dozer ............ $ 58.13 34.60 (3) Deckmate................$ 58.02 34.60 (4) Winch operator (stern winch on dredge) ..... „.„„„„.$ 57.47 34.60 (5) Fireman -Oiler, Deckhand, Bargeman, Leveehand...................$ 56.93 34.60 (6) Barge Mate ......... „.... $ 57.54 34.60 ._________.®..._______.___...______e..---- ENGIOO12-024 07/01/2023 „.--- Rates Fringes OPERATOR: Power Equipment (All Other Work) GROUP 1...„..„„.„.......... $ 53.90 32.80 GROUP 2...............,....„$ 54.68 32.80 GROUP 3.„„......„... .....'$ 54.97 32.80 GROUP 4............. ...,„„.$ 56.46 32.80 GROUP 6........ ,,,..,...... $ 56.68 32.80 GROUP 8.„.„„...............$ 56.79 32.80 GROUP 10..„............„„„.„.$ 56.91 32.80 GROUP 12,„....„„............$ 57.08 32.80 GROUP 13....................$ 57.18 32.80 GROUP 14......... „..„„,..,..„$ 57.21 32.80 GROUP 15„......„..„..,......$ 57.29 32.80 GROUP 16................ ,„.„$ 57.41 32.80 GROUP 17...... ..,,„„........ $ 57.58 32.80 GROUP 18.„... .„„........,...$ 57.68 32.80 GROUP 19.............„....,„$ 57.79 32.80 GROUP 20..................,.„$ 57.91 32.80 GROUP 21....................$ 58.08 32.80 GROUP 22...............„....$ 58.18 32.80 GROUP 23................„.».'$ 58.29 32.80 GROUP 24................„.,.$ 58.41 32.80 GROUP 25...................„$ 58.58 32.80 OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP 1....................$ 55.25 32.80 GROUP 2............. .... „„.$ 56.03 32.80 GROUP 3....................$ 56.32 32.80 GROUP 4....................$ 56.46 32.80 GROUP 5....................$ 56.68 32.80 GROUP 6..............,......$ 56.79 32.80 GROUP 7............. .... „„.$ 56.91 32.80 GROUP 8....................$ 57.08 32.80 GROUP 9.............„.„...,$ 57.25 32.80 GROUP 10..............,,...„,$ 58.25 32.80 GROUP 11............. „.„ _ $ 59.25 32.80 GROUP 12.................„„.$ 60.25 32.80 GROUP 13....................$ 61.25 32.80 OPERATOR: Power Equipment (Tunnel Work) GROUP 1....................$ 55.75 32.80 GROUP 2................. ...'$ 56.53 32.80 GROUP 3....................$ 56.82 32.80 GROUP 4............. _ ..,„$ 56.96 32.80 GROUP 5....................$ 57.18 32.80 GROUP 6...............„,...'$ 57.29 32.80 GROUP 7....................$ 57.41 32.80 PREMIUM PAY: $10.00 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp Pendleton Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator);Coil Tubing Rig Operator, Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; P]U side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with drag -type attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Direct Push Operator (Geoprobe or similar types) Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway signalman; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, Agreement No. 7064 bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP B: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar types; Cable Bundling Machine Operator (excluding handheld); Cable Trenching Machine Operator (Spider Plow or similar types) Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 600 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pumperete gun operator; RCM Cementing Unit Operator, Rail/Switch Grinder Operator (Harsco or similar types) Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types -Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Motor patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar Agreement No. 7064 with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds, struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) Agreement No. 7064 GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Spyder Excavator Operator, with all attachments CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) ; Tower crane operator and tower gantry GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tans) GROUP 4: Bit sharpener; Equipment greaser (grease truck); Slip form pump operator (power -driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber -tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading shield (tunnel); Pumperete gun operator; Tractor compressor Agreement No. 7064 drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman GROUP 7: Tunnel mole boring machine operator ENGINEERS ZONES $1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below: That area within the following Boundary: Begin in San Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MOM. Continue W along the Inyo and San Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MOM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T245, R37E, MOM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MOM. Continue S following R32E lines to the NW corner of T31S, R32E, MOM. Continue W to the NW corner of T31S, R31E, MOM. Continue S to the SW corner of T32S, R31E, MOM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM. Continue 5 to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM. Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM. Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM. Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM $1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below: That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM. Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM. Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W. Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R23E, MDM to the Kings County and Kern County border at the NE corner of T25S, R23E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM. $2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below: Agreement No. 7064 That area within the following Boundary: Begin at the intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM. Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM. Continue E along the Inyo and Kern County boundary until the intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T275, R42E, MDM. Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM. REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE --------------------,--_ ___ ---__- _--t-_-----_ IRON0433-006 01/01/2024 Rates Fringes IRONWORKER Fence Erector ...............$ 42.53 26.26 Ornamental, Reinforcing and Structural ..............$ 47.45 34.90 PREMIUM PAY: $9.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock __ _____ ___ _ ____m_-_--- LAB00300-001 07/01/2022. Rates Fringes Brick Tender ..... ,.............. „$ 37.32 21.45 --- ------------------------------------------- LAB00300-07/01/2022 Rates Fringes LABORER (TUNNEL) GROUP I...,,,„ „..„,„.,„..„„$ 45.68 23.30 GROUP 2.„„„...„....„.„...... $ 46.00 23.30 GROUP 3..................„.,,$ 46.46 23.30 GROUP 4.,„,„.„„„„„.„„...„..,$ 47.15 23.30 LABORER GROUP1,.„,.„„„„,„„„„,„,,,,„„„$ 36.39 21.04 GROUP 2.„„..„„..............$ 36.94 21.04 GROUP 3..„... ___ ..„.„,,$ 37.49 21.04 GROUP 4,„„.._ _ ... _...... $ 39.04 21.04 GROUP 5............... ...„... $ 39.39 21.04 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, Agreement No. 7064 gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock Slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting, Porta Shot -Blast GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Changehouse person; Dump person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.) GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars;; Vibrator person, jack hammer, pneumatic tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4: Diamond driller; Sandblaster; Shaft and raise work - LAB00300-005 08/01/2022 Rates Fringes Asbestos Removal Laborer ......... $ 39.23 23.28 Agreement No. 7064 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos -containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ------------- ------------------------a..-------- ___---- -07/01/ Rates Fringes LABORER (GUNITE) GROUP 1.............,........„$ 48.50 21.37 GROUP 2.......„...,..„.„.„„,$ 47.55 21.37 GROUP 3.....„„,....„««.,.,",.$ 44.01 21.37 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. GUNITE LABORER CLASSIFICATIONS GROUP 1: Rodmen, Nozzlemen GROUP 2: Gunmen GROUP 3: Reboundmen LABO1184-001 07/01/2022 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer..,,$ 40.69 18.25 (2) Vehicle Operator/Hauler.$ 40.86 18.25 (3) Horizontal Directional Drill Operator ..............$ 42.71 18.25 (4) Electronic Tracking Locator .....................$ 44.71 18.25 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 41.90 21.32 GROUP 2.....................$ 43.20 21.32 GROUP 3.....................$ 45.21 21.32 GROUP 4.....................$ 46.95 21.32 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment Agreement No. 7064 LABO1414-001 08/03/2022 Rates Fringes Agreement No. 7064 LABORER PLASTER CLEAN-UP LABORER.,...$ 38.92 23.32 PLASTER TENDER ..............$ 41.47 23.32 Work on a swing stage scaffold: $1.00 per hour additional„ PAIN0036-001-07/01/2023 Rates Fringes Painters: (Including Lead Abatement) (1) Repaint (excludes San Diego County) ...............$ 29.59 17.12 (2) All Other Work ......... .$ 38,52 18.64 REPAINT of any previously painted structure. Exceptions: work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities. PAIN0036-006 09/01/2023 Rates Fringes DRYWALL FINISHER/TAPER Antelope Valley North of the following Boundary: Kern County Line to Hwy. #5, South on Hwy. #5 to Hwy. N2, East on N2 to Palmdale Blvd., to Hwy. #14, South to Hwy. #18, East to Hwy. #395............$ 43.75 25.07 Remainder of Los Angeles County ................... _ $ 47.88 25.07 PAIN0036-015 01/01/2020 Rates Fringes GLAZIER ..........................$ 43.45 23.39 FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up PAIN1247-002 01/01/2024 Rates Fringes SOFT FLOOR LAYER,_, .........$ 43.20 18.03 PLAS0200-009W08/03/2022- ..._ Rates Fringes PLASTERER ..............„......,,.$ 47.37 19.64 ---------------------------------------------------------------- PLAS0500-002 07/01/2020 Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 38.50 25.91 TMmTT- PLUM0016-001 09/01/2023-__ ». Rates Fringes PLUMBER/PIPEFITTER Work ONLY on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space .................$ 53.51 Work ONLY on strip malls, light commercial, tenant improvement and remodel work ........................$ 42.49 All other work except work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5,000 sq. ft. of floor space and work on strip malls, light 25.28 23.86 commercial, tenant improvement and remodel work ......................,..$ 57.18 26.51 -v----W--___......__ -- .,..___.._,___ ______ PLUM0345-00109/01/2023 Agreement No. 7064 Rates Fringes PLUMBER Landscape/Irrigation Fitter.$ 40.20 25.90 Sewer & Storm Drain Work .... $ 44.29 23.28 ----- ---------------- ..___-----_-----_--__ ROOF0036-/13/20 . Rates Fringes ROOFER ...........................$ 46.02 20.05 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay. _ _-_---mm_---m--.-__,_,-_..e®_---_--_-_------„,. SFCA0669-013 01/01/2024 DOES NOT INCLUDE THE CITY OF POMONA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER ....... .......... $ 45.31 27.91 ---- SFCA0709-005 09/01/ -__.._..___..____.._.._m_____ ....,..„.. „._.„_. THE CITY OF POMOMA, CATALINA ISLAND, AND THAT PART OF LOS ANGELES COUNTY WITHIN 25 MILES OF THE CITY LIMITS OF LOS ANGELES: Rates Fringes SPRINKLER FITTER (Fire)... .... .,.$ 54.29 32.00 -.-----....,w_..--------,m_,..__.---_.-- --- SHEE0105-00207/01/2023 . LOS ANGELES (South of a straight line between Gorman and Big Pines including Catalina Island) Rates Fringes SHEET METAL WORKER (1) Light Commercial: Work on general sheet metal and heating and AC up to 4000 sq ft.......................$ 33.10 10.56 (2) Modernization : Excluding New Construction - Under 5000 sq. ft. Does not include modification, upgrades, energy management, or conservation improvements of central heating and AC equpment....................$ 33.10 10.56 ---------------------------------------- `---,---..,.,..-.,.,.-------- SHEE0105-003 01/01/2024 LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes SHEET METAL WORKER (1) Commercial - New Construction and Remodel work .......................„$ 56.95 30.04 (2) Industrial work including air pollution control systems, noise abatement, hand rails, guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort...$ 56.95 30.04 SHEE0105-004v07/01/2023----_._.._-....„-------------------a--- KERN (Excluding portion East of Hwy 395) & LOS ANGELES (North of a straight line drawn between Gorman and Big Pines including Cities of Lancaster and Palmdale) COUNTIES Rates Fringes Agreement No. 7064 SHEET METAL WORKER ... „,.......... $ 45.98 29.24 mTEAM0011-002 07/01/2023 Rates Fringes TRUCK DRIVER GROUP1„„..„ ................$ 38.19 33.69 GROUP 2.......,»..,,.,,,,..$ 38.34 33.69 GROUP 3.,........ ..........$ 38.47 33.69 GROUP 4„.„.................$ 38.66 33.69 GROUP 5,„...................$ 38.69 33.69 GROUP 6....................$ 38.72 33.69 GROUP 7........ „...... ..,..$ 38.97 33.69 GROUP 8............. ......$ 39.22 33.69 GROUP 9.,..... „„„....... ...$ 39.42 33.69 GROUP 10...... ..... .... .„... $ 39.72 33.69 GROUP11.„ ..................$ 40.22 33.69 GROUP 12...... ..... .,„......$ 40.65 33.69 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds.; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds., to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. State Adopted Rate Identifiers Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R Q1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. Agreement No. 7064 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. Agreement No. 7064 WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National office because National Office has responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" Agreement No. 7064 What is the Buy America Preference? The Build America, Buy America Act (BABA) requires that all iron, steel, manufactured products, and construction materials used forfederally funded infrastructure projects are produced in the United States, unless otherwise exempt orsubject to an approved waiver. This requirement is known as the 00Buy America Preference (BAP)" and the specific requirements are codified in 2 CFR § 184. Agreement No. 7064 COMMUNITY PLANNING DEVELOPMENT The BAP establishes a domestic preference for construction materials. For more information: hudexcban e.iin o This BABA CPD Overview Quick Guide provides grantees with the following details about the BAP: Agreement No. 7064 Build America, Buy America Act ... �IT�ITITITITITIT^ITmmm mmm COMMUNITY PLANNING DEYEIAPMEW Products covered under the BAP include: 1. Iron and steel 2. Construction materials 3. Manufactured products Products should be classified into just one of these categories. The classification must be made based on the product's status when brought to the work site. Iron and Steel What is it? Items that consist completely or predominantly of iron, steel, or a combination of both. "Predominantly" means the cost of the iron and steel content exceeds 50% of the total cost of all the item's components. Production Requirements All manufacturing processes, starting from the initial melting stage and continuing through the application of coatings, must occur in the United States. BABA CPD Overview Quick Guide Grantees are encouraged to work closely with subrecipients, developers, and contractors to ensure that products used in federally funded infrastructure projects are produced in the United States as required. Federal financial assistance includes grants, cooperative agreements, non -cash contributions ordonations, direct assistance, loans and loan guarantees, and other financial assistance. Construction Materials What is it? Articles, materials, or supplies used for construction activities that consist of only one of the items described below. For the purposes of the HUD Phased Implementation Waivertimeline described below, construction materials are divided into two categories: specifically listed construction materials and not listed construction materials. Specifically Listed Construction Materials: Items include (1) non-ferrous metals; (2) lumber; and (3) plastic- and polymer - based composite building materials, pipe, and tube. Not Listed Construction Materials: Items include (1) all other plastic- and polymer -based materials (such as polymers used in fiber optic cables), (2) glass, (3) fiber optic cable, (4) optical fiber, (5) engineered wood, and (6) drywall. Construction Material Standards (2 CFR 184.6) All manufacturing processes for the construction material must occur in the United States. Minor additions of materials, supplies, \ i or binding agents to a construction material (such as the binding agent ' used in engineered wood) do not change the categorization of the construction material. -2- Agreement No. 7064 Build America, Buy America Act BABA CPD Overview Quick Guide _... ................ ......� .. ........�..,. ......................._._..... COMMUNITY PLANNING DE EL MENT Manufactured Products' What is it? Manufactured products include articles, materials, or supplies that have either been: 1. Processed into a specific form or shape, or 2. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, orsupplies. A manufactured product may include components that are construction materials or iron and steel products, unless the manufactured product also meets the definition of iron and steel or construction materials. In such instances, the product should be recategorized in the appropriate category. Determining the Cost of Components for Manufactured Products (2 CFR 184.5) Manufactured products must meet two production requirements. First, the final product must be manufactured in the United States. Second, at least 55% of the cost of the components making up the manufactured product must be associated with components that were mined, produced, or manufactured in the United States. What materials and activities aren't covered by the BAP? 1. Temporary products and materials that are removed at or before project completion, such as temporary scaffolding, equipment, or tools 2. Equipment and furnishings such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of or permanently affixed to the structure 3. Technical assistance and management costs 4. Design and planning costs, project scoping, or advance assistance. However, domestic preferences must be considered in planning to ensure compliance for construction projects e.g., design -build contracts 5. Acquisition and demolition projects where there are no articles, materials, or supplies that are incorporated into an infrastructure project Cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives (collectively known as Section 70917(c) materials) are generally exempt from the BAP. However, Section 70917(c) materials maybe used to produce a manufactured product, such as pre -cast concrete. Manufactured products that incorporate Section 70917(c) components are subject to the BAP. -3- Build America, Buy America Act Agreement No. 7064 BABA CPD Overview Quick Guide COMMUNITY.mm................. .............. _ ..................... PLANNING OEVEWPMENT 00 BAP Applicability ility to CPD-,funded Projects ects and Activities CPD-funded infrastructure projects, as broadly defined by 2 CFR 184, are subject to the BAP once the obligation date has passed according to HUD's Phased Implementation Waiver (see section below), unless the project is covered by another general waiver. For the purposes of the BAP, an infrastructure project is defined as any project that includes construction, alteration, maintenance, or repair of infrastructure regardless of whether infrastructure is the primary purpose of the project. • Rehabilitation of buildings and real property Acquisition of real property • Construction of public facilities and improvements, Relocation and demolition such as water and sewer facilities, streets, sidewalks, neighborhood centers, and the Public services conversion of buildings for eligible purposes Shelter or public facility operating expenses • Utility installation or improvements Supportive services Water systems (drinking water and wastewater) Short-term payments to prevent homelessness Electrical transmission facilities and systems Special economic development activities Broadband infrastructure • Administrative activities Transportation infrastructure • Disaster and emergency response Projects that exclusively use CDBG-DR, CDBG-MIT, CDBG-CV, ESG-CV, and/or HOPWA-CV funding are not subject to the BAP because funds for disaster and emergency purposes are exempt from the BAP. -4- Agreement No. 7064 Build America, Buy America Act BABA CPD Overview Quick Guido: ...._..............-...__....................--.............� 6 ....... . ...... .. COMMUNITY PLANNING DEVELOPMENT ED When the BAP Doesn't Apply In addition to the Phased Implementation Waiver described in CPD grantees can employ these waivers without the need the section below, HUD has approved three Department -wide fora formal requestto HUD and should maintain records to public interest general waivers for BAP applicability. If all the substantiate the waiver's application to a project. For example, conditions for a general waiver are met, the BAP requirements a grantee may write a memo to the project file documenting may be waived for that project, or a portion of the materials how it determined that a general waiver applied to a used in a project. specific project. Exigent• This public interest general waiver A HOME -funded multi -family rental development is Circumstances is effective through November 23, damaged by a burst hot water pipe in the middle of 2027, for projects that must be winter. Repairs to the damaged structure must be completed immediately to protect completed immediately to protect the life, safety, and Life, ensure safety, or prevent the property of the residents of the housing development. destruction of property Following a tornado, CDBG funds are used to repair public facilities made structurally unsound during the disaster. Stabilizing these buildings is critical to prevent further destruction of property. De Minimis and This public interest general waiver A homeless service provider is rehabilitating an Small Grants is effective through November 23, emergency shelter to update bathroom facilities. The 2027, for projects whose total cost provider is using $100,000 in ESG funding for the (from all sources) does not exceed project and a State grant is contributing an additional the simplified acquisition threshold $100,000. Because the total project cost does not exceed value ($250,000), OR $250,000, the BAP does not apply. If covered BAP materials for a A city is using CDBG funds for construction of a portion of the project comprise no playground. The total cost of materials used in the more than 5 percent of the total project is $1 million. The city can source domestic cost of covered materials used in a materials for nearly all the items needed for the project (not to exceed $1 million), playground but cannot find a domestically produced the BAP can be waived for that equivalent of a particular slide. The slide costs $20,000. portion of the project. Because this is less than 5% of the total cost of materials used in the project, the city can use the De Minimis Waiver to waive the BAP for the slide. The other materials used in the project still must comply with the BAP. Tribal Recipients The BAP does not apply for HUD After receiving Tribal feedback, HUD will implement funds to Tribes, Tribally Designated the BAP through an approach that does not serve as Housing Entities, and other Tribal a major barrier to Tribal community efforts to develop Entities covered by this public infrastructure. HUD's Phased Implementation Waiver interest general waiver effective does not apply to funds awarded to Tribes. until May 23, 2024. Pacific Island/ HUD accepted public comment HUD will consider the public comments received and Territory Recipients on a proposed general waiver for base its decision for adoption of the BAP in Pacific Pacific Island/Territory recipients Island/Territory Communities in a future general waiver through September 1, 2023. published in the Federal Register. -5- Build America, Buy America Act /I W To facilitate a smooth transition to the BAP requirements, HUD established a Phased Implementation Waiverfor its programs based on the date when funds are obligated (i.e., typicallythe date when HUD executes the grant agreement). As illustrated below, the BAP is phased both by program and the type of product (iron and steel, construction materials, and manufactured products). Agreement No. 7064 BABA CPD Overview Quick. Guide eaF&ANCommcua'vrr ...- ............. ..... ei1fY!'EA4` 14ENT HUD chose to initially implement the BAP for all iron and steel products used in CDBG infrastructure projects using funding obligated on orafterNovember 15, 2022. The specific focus on iron and steel in infrastructure projects will gradually extend to encompass the full implementation of the BAP across all HUD programs. The BAP will apply on or after the date NOT LISTED HUD obligates new funds for the following: CONSTRUCTION MATERIALS SPECIFICALLY LISTED MANUFACTURED CONSTRUCTION PRODUCTS NOT LISTED CONSTRUCTION MATERIALS MANUFACTURED PRODUCTS SPECIFICALLY LISTED CONSTRUCTION MATERIALS IRON AND STEEL 024 g' 2022 2023 2024 2025 -6- Build America, Buy America Act .................... ................ ............. .... ,—... Project Examples A grantee is using FY2023 CDBG funds (grant agreement executed by HUD in September2023) to construct a new senior center. Because the project is using funds obligated after November 15, 2022, the grantee must ensure that the iron and steel used in the project complies with the BAP requirements. However, the project does not need to comply with the BAP requirements for construction materials or manufactured products because the funds do not include funding obligated from FY24 or FY25 appropriations. Agreement No. 7064 BABA CPD Overview Quick Guide Single -Family Owner - Occupied Rehab Program A participating jurisdiction (PJ) operates a single-family owner -occupied rehabilitation program using HOME funds obligated afterAugust 23, 2024. The PJ determines that since the total project costs from all sources for each activity do not exceed $250,000, individual rehabilitation activities are covered by the Small Grant Waiver and do not need to comply with the BAP. -7- Agreement No. 7064 Build America, Buy America Act BABA CPD Overview Quick Guide �..................._..... _.................�....._......_-._,� ..�_.. COMMUNITY PLANNING DEVELOPMENT Project/Product-Specific Waivers Project/product-specific waivers are available on a limited, Unreasonable cost: Inclusion of domestically produced case -by -case basis, after HUD's review, a public comment covered materials will increase the cost of the overall period, and final approval from the Office of Management project by more than 25 percent. and Budget's Made In America Office (MIAO). Project -specific waivers are generally available forthree reasons: Public interest: Adhering to the BAP would be inconsistent with the public interest. Nonavailability: Covered materials are not produced in the USA in sufficient and reasonably available quantities or of a satisfactory quality. If more than one Federal agency is funding an infrastructure project, project -specific waivers will require coordination among those Federal agencies prior to a determination by the MIAO. Project Implementation and Recordkeeping CPD grantees engaging in infrastructure projects must comply with the BAP. Since the terms and conditions of the BAP flow down to subrecipients, the BAP language found in the "Special Conditions" section should be incorporated into all agreements, even if the BAP does not yet apply based on the phased implementation date. Grantees may want to use activity by grant expenditure reports to help identify which projects might be subject to BAP requirements. In some instances, grantees may need to amend existing agreements or other award documents. The BAP requirements must be included in the terms and conditions for subrecipient agreements, contracts, subawards, and purchase orders for all infrastructure projects. Grantees must maintain documentation of compliance with BAP requirements or exemption due to a waiver in accordance with program -specific recordkeeping requirements and 2 CFR § 200.334 as applicable to Federal grants. CPD grantees should retain documentation that demonstrates: 1. All the iron, steel, manufactured products, and construction materials used in infrastructure projects are produced in the United States in accordance with HUD's Phased Implementation Waiver, or 2. The project is covered by a HUD general waiver and is therefore exempt from the BAP, or 3. A project/product-specific waiver was reviewed by HUD and approved by the MIAO. -8- 7 `1! � W � 71 ""I'll I � COMMUNITY PLANNING DEVELOPMENT QUICK GUIDE Build America, Buy America Act: Buy America Preference for CDBG Grantees This material is based upon work supported, in whole or in part, by Federal award number C-21-TA-MD-0009 awarded to Enterprise Community Partners, Inc. by the US Dept of HUD. The substance and findings of the work are dedicated to the public. Neither the United States Government, nor any of its employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately -owned rights. Reference herein to any individuals, agencies, companies, products, process, services, service by trade name, trademark, manufacturer, or otherwise does not constitute or imply an endorsement, recommendation, or favoring by the author(s), contributor(s),the U.S. Government or any agency thereof. Opinions contained herein are those ofthe author(s) and do not necessarily reflectthe official position of, ora position that is endorsed by, HUD orany Federal agency. Agreement No. 7064 CL11, 0* ELSEGUNDO June 27, 2024 ADDENDUM NO. 1 to CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO.602708-23 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 is still Tuesday, July 2, at 11:00 am. 2. Please see the attached supplemental pages 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 Proposal. Failure to provide such acknowledgement shall render the proposal as non -responsive and subject to rejection. Signature: Print Company Name: Date: 350 Main Street, El Segundo, CA 90245-3895 (310) 524-2300 Fax (310) 640-0489 Agreement No. 7064 CITY OF EL SEGUNDO CDBG ADA CURB RAMP INSTALLATION PROJECT PROJECT NO.: PW 24-05 CDBG PROJECT NO. 602708-23 ADDENDUM NO. 1 SUPPLEMENT DATE: June 27, 2024 TO: All Prospective Bidders The following clarifying information and answers to bid questions have been provided below. The information provided in this Addendum has been made available to all prospective bidders and shall be considered as incorporated into the specifications for the above -referenced project. All other portions of Contract Documents and previous Addenda not specifically mentioned in this Addendum remain in force. A. CHANGES TO THE BID OPENING PROCEDURE: City Hall is located at 350 Main Street, El Segundo, CA 90245. Please follow the procedure below for the Tuesday, July 2, 11:00 am bid opening: 1. Instead of the City Clerk's Office, the bid opening will be held in the foyer in front of the Council Chambers. This area is accessible through the double automatic doors on the Main Street (west) side of the City Hall Building. Having submitted their bid, bidders will wait outside the double doors in the quad until the bid opening. 2. Bidders are welcome to submit their bid by the US postal service or other carrier service. However, the bidder is responsible for verifying their bid has been received in the Citv Clerk's Office prior to the bid o aenin . Their telephone number is 310- 524-2307. Bidders can also submit bids in person. Please speak with the receptionist at the City Hall East Lobby entrance if you arrive early to submit your bid. Three different projects have bids due on July 2 at 11:00 am. Plan to arrive early enough so your bid may be received, stamped, and logged well before 11:00 am, in case there are multiple bidders doing the same thing. 3. The City Clerk's Office will open the Council Chambers lobby doors 15 minutes before the bid opening and will accept bids if time allows. 4. Bid packages will be opened in the foyer. Bid amounts will be read aloud and recorded on the log sheet and the log sheet will be signed by representatives from the City Clerk's Office and the Public Works Department. The City Clerk's Office will enter additional information on the bid log sheet as needed, after the bid opening. 5. The Public Works Department will email the fully signed and completed bid log sheet to all planholders within a few hours after the bid opening. Agreement No. 7064 B. PRE -BID QUESTIONS AND ANSWERS Question: What is the Engineer's estimate? Answer: $262,250.