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CONTRACT 4804 Public Works Contract CLOSEDAgreement No. 4804 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND C.C. LAYNE AND SONS, INC. WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO. PW 13 -21 This CONTRACT is entered into this 4th day of December, 2014, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and C.C. Layne and Sons, Inc., a California corporation ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Fifteen Thousand, Nine Hundred Sixty -Eight Dollars ($15,968.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 1�„ Agreement No. 4804 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Twenty -four (24) calendar days (the "Contract Time. ") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third -party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. Agreement No. 4804 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. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence or willful misconduct. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. iii. Indemnification for Hazardous Waste. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees and penalties), injuries, or liability, arising out of this Agreement, or its performance including, without limitation, damages or penalties arising from CONSULTANT's removal, remediation, response or other plan concerning any Hazardous Waste resulting in the release of any hazardous substance into the environment. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will 3 Agreement No. 4804 defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise, to the extent CONSULTANT is adjudged at fault. The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC § 9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act; "CERCLA ") and Health & Safety Code § 25364 to defend, protect, hold harmless, and indemnify CITY from all forms of liability under CERCLA, or other applicable law, for any and all matters addressed in this Agreement. B. As used throughout this Agreement, "Hazardous Waste," "HW," or "Waste" means any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, local law or regulation or which, even if not so regulated, may or could pose a hazard to public health and safety, including, without limitation, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (Gov't. Code §§ 66700 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.); Health & Safety Code §§ 25117 or 25316, including the regulations promulgated thereto (see 22 Cal. Code of Regs. § 66261.3); any substances or mixture regulated under the Toxic Substance Control Act of 1976 (15 U.S.C. §§ 2601 et seq.); any "toxic pollutant" under the Clean Water Act (33 U.S.C. §§ 1251 et seq.); and any hazardous air pollutant under the Clean Air Act (42 U.S.C. §§ 7901 et seq.). C. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section Error! Reference source not found., and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, 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 4 Agreement No. 4804 performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Stephanie Katsouleas, Public Works Director City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524 -2356 The Contractor Craig Layne C.C. Layne and Sons, Inc. 213 Richmond St. El Segundo, CA 90245 (310) 322 -0174 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. Agreement No. 4804 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. Agreement No. 4804 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CiT " F EL� UN[ O Greg C, ente City imager APPROVED �S MARK D. E A �iS ,C Attorney M Karl H. ergel' / r° Assistant Cit`'A torney Insurance Reviewed by: C ag Layne C.C. Layne and Sons, Inc. Taxpayer ID No. 95- 3331988 State License No.: 376473 City Business License No.: 599 Agreement No. 4804 LABOR AND MATERIALS BOND WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO. 13 -21 Bond No. 1001034549 Bond Fee: $479.00 C.C. Layne and Sons, Inc. , as principal ( "PRINCIPAL ") and AMERICAN CONTRACTORS INDEMNITY COMPANY , a corporation incorporated under the laws of the State of California 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 Fifteen Thousand Nine Hundred Sixty-Eight Dollars ($15,968.00), which is a minimum one hundred percent (100 %) of the contract, 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 WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT, SPECIFICATIONS NO. PW 13 -21 ( "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 13 -21, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles, which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, Agreement No. 4804 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 (`SSMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 13 -21, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 11TH day of DECEMBER C C LAYNE & SONS INC.. AMERICAN PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: C C LAYNE & SONS INC. 213 RICHMOND ST. EL SEGUNDO, CA 90245 Agreement No. 4804 2014 wCCTORS INDEMNITY COMPANY SURE "1" s m2 1 SHILO L "OSINO, ATTORNEY -IN -FACT ,SURE'rY'sWyqXR7AW SHILO LEE LOSING, ATTORNEY -IN -FACT SURETY'S MAILING ADDRESS: AMERICAN CONTRACTORS INSURANCE COMPANY 601 S. FIGUEROA ST., STE. 1600 LOS ANGELES, CA 90017 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. 4804 1, 0 F-AN County CBerik of the County of ,,ac �� a State of Ca fifornia, in and for s�u� u 00 (HEREBY CER FIFY THXF IL %'dd�a � �S k"��a��v�� k�� B�a�wna"N� g ��r; I�q �k�Ga� kwu. dk�YhaNRi� "'- �� +k1 � �q a" TM r �r N u h b41 �� 8" � k aularufld Or, I t and anci affixed the seal Of saidCOUIlly Out �..� COUNTY CLERK Deputy County Clawk �. R.� , 3PRAGGINS Agreement ,No: 4804 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOWALL MEN BY THESE PRESENTS: TluttArn&kan Contractors Indemnity Company, a California corporation, United_`Aates :- uretyyCotrtpatt} 4a Maryland #gmraftr ancf U ZSpecialty Insurance Company, a Texas corporatio l _wiv=eiy,-he these preser &mAkeogi t ijiil oint: Shilo Lee Losino of Woodland Hills, California its true and lawful Attorney(s) -in -fact, each in their separate capacity if more than one is named above, with full power and authority hefeby,con(erred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recoguizances, unldertakings' or other iiagtr nt ntMs or contracts of suretyship to include riders, antendiirt ants, and consents of surety, providing the bond', pertalt )i does not exceed * * * ** *Three Million * *,# * ** Dollars ($ * *39 00 6,fI0 * *,) ". This [lower of Attorney shall expire without further action on December 08, 2016. I'llis power of Attorney is raitted ' un'der and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable pearsons as Af naeylsl- in•t "ao to represent And act for and on behalf ol" the Conspany subject to the liallowing larpyresiaalas: , sta "trarxr i� -ius- rzr° ay,lte giveati lull puawver�arad aeth rfty. Vor said ito the amte olattaR ort bchdlloM'tlad Cotttpaq 1, to exeetst 9 acknowiale ge aatet deliver, aany and 'all bonds, rata ia'anc1_, , °gpntnrvls„ agircements or indemnity and gvivt i"ooditiariuial or obliVaory undertakings„ including any and all consents for, the relc'ak, of retained percentages and/or final cstrmates on engineering -and construction contracts, and any and all notices and documents canceling a "ar tenninaatht& hbility`, thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall -be valid_an_d binding upon the Company with respect to = any bond or undertaking to which it is attached. IN WITNESS 'WHEREOF, The Companies have caused this instrument to be signed at i orpdrate seals to bcd= ,etc d9fiNdaW - 10th day of December, 2012„ CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY /AMERICAN L.,sW�aoratii ,'cals �y 9 XmRd� ,x4M1 f, Nff�r� yw �ryhN4YNI�dRNV>1rH -T,'�%y�'W""a SdCSNtGQRATEO♦M1 ar. 4+k §: „, �� Ems - - �„ A9 „„ auauroar,.uauTS S , ` Daniel P. Aguilar, Vice President State of California �t County of Los Angeles SS: Ot 10th day of`December, 2012, before me, Vanessa Wright, a notary public, per a d anieI P. Aguir VCd�Predd n American Contractors Indemnity Company, United States Surety Company U.&. Specialty insurance Company2vftS provedld e on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �kl *rte u TEPENALTY OF PERIUR�ttt r t vv f the State of California that the foregoing paragraph'is true an correct, AUTNE& t tand-and official scaf� t« alraaNr Signature ,' (Seal) Not"PWIC C80161 n4 e �.e ...... Los Angeles CO li" .. ry tin' Jr Aa e sistant Secretary of American Contractors Indemnity Company„ United: StatesSurety Company yd,:U S. Specialty =InsurarimMofift do hereby certify that the above and foregoing is a 'true and cprrect co y of a Power of Attitrrtc°y,,qNepOte b . _.aa Cornpairfes, which is still in full force and effect; furthermore, the resolLttiod 'rf the Boards of Directors, set" ottt t,0 the 1'iywur 6f Attorney are in full force and effect. In 'Witne "° t e 1, pwe hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this day of ; 1 l n z =Corporate Seal's �� d Bond No. - �„ A9 „„ auauroar,.uauTS �nwinmgw ya'k v n � Jeannie Lee, ssistattt Secretary A �.ttc .�lta i11C0 �t r ar �aur�'as'`"-'�” �- Agreement No. 4804 ['_ALIMRNIA ALL — PURPOSE ACKNOWLEDGEMENT State of California County of Los Angeles On DEC 1 12014 before me, JAN MICHELLE RIVERA, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER Personally appeared .. SHILO LEE LOSINO NAME(S) OF SIGNER(S) Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. =Public E RIVERA E 1939902 - California s County sn1 3, 2015 NOTARY SEAL Agreement No. 4804 CONFIRMATION OF HAZARDOUS MATERIALS LICENSE CLASSIFICATION for the WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO. PW 13 -21 This project will require the proper abatement and removal/disposal of asbestos tile and any other hazardous materials found during the project construction. C.C. Layne and Sons, Inc. shall confirm whether the company who will perform the hazardous material abatement and removal/disposal activities is either itself or a subcontractor. If a subcontractor, C.C. Layne and Sons, Inc. shall list the subcontractor's information below, and confirm whether they possess the appropriate classification for the abatement and removal work. The hazardous material abatement and removal/disposal shall be performed by (check only one): ❑ C.C. Layne and Sons, Inc. OR 0 A subcontractor retained by C.C. Layne, listed below HI -Tech Environmental Services INC Name of Company to Perform Hazardous Materials Abatement and Removal 1601 N. Sepulveda Blvd. #507 Address Manhattan Beach CA 90266 City /State /Zip Steve Massey ........... - .. . .. ............. Contact Person 310- 263 -7151 hitechenvironmental@vahoo.com Telephone Number and Email Address 672357 Contractor's State License Number 21 The Contractor's State License Number listed above is confirmed by C.C. Layne and Sons, Inc. to be valid for the hazardous material abatement and removal/disposal activities required for this project Agreement No. 4804 EXHIBIT A SCOPE OF WORK FOR WATER DIVISION CARPET REMOVAL AND REPLACEMENT PW 13 -21 Contractor will provide the following Work in accordance with the Contract Documents. General Scone of Work: Contractor will provide City with on -site services including all labor, materials, tools, equipment, transportation, services and supplies required to: • Perform work in accordance with the Special Provisions included in the Contract Documents; • Remove and replace approximately 197 square yards of the Water Division Building carpet in existing carpeted areas, using carpet supplies already ordered by City; • Purchase additional minor carpet supplies as necessary with prior City approval • Contractor will identify and inform City regarding any missing or insufficient carpet supplies through a Request for Information (RFI). • The RFI will identify such items along with a proposed cost. • City may opt to purchase the items through its own vendors. • City will provide Contractor with a change order for items City believes are required. • Perform asbestos abatement during the carpet removal in accordance with all applicable law. • Properly dispose of asbestos tile underneath the carpet. The asbestos tile removal will be performed under the supervision of a monitoring company hired by the City. Asbestos testing results have been included with this bid package. See the attached specifications for hazardous material abatement guidelines. • Remove a non - structural existing partial wall in one section of the second floor. • Install new tile in the existing kitchenette area and possess the correct state license classification and /or certifications in order to do so. (Alternate Bid Item A -1). • Move furniture as necessary to complete the work. • Provide the necessary 14 -day notification to AQMD, on the required AQMD form(s), of asbestos abatement and removal, with a copy given to City staff prior to the start of construction. • Coordinate with City for furniture protection and/or moving, or electrical work during the project. • Adhere to the working hours of 7:00 am to 3:00 pm, Monday through Sunday. The City of El Segundo will deduct a five percent (5 %) retention from 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. Agreement No. 4804 CITY OF EL SEGUNDO CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310 - 524 -2300 http://www.elsegundo.org/depts/works/bids--rfps.asp http: / /www.elsegundo.org /depts/ works /project_request_contact_ form. asp MANDATORY PRE -BID MEETING WEDNESDAY, SEPTEMBER 17, 2014 AT 10:00 AM AT WATER DIVISION BUILDING, UPPER FLOOR 400 LOMITA STREET, EL SEGUNDO, CA 90245 BIDS DUE MONDAY, SEPT. 29, 2014 AT 3:00 PM Agreement No. 4804 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. MONDAY, SEPTEMBER 29, 2014 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED Agreement No. 4804 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7 -3 of the STANDARD SPECIFICATIONS, pages II -B -25 thru II -B -26 "LIABILPTY INSURANCE ". ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED COVERAGE AND ENDORSEMENT "ISO" FORMS SHOULD CONSIDER SUBMITTING A BID PACKAGE. The Contractor will be required to apply and obtain an Encroachment Permit from the City Public Works Department as well as any applicable Building/Safety Permit from the City Building Planning and Building Safety Department. The permits will be issued on a "no -fee" basis. The Contractor shall be responsible for calling the Building Safety Division for inspections. All noted deficiencies shall be corrected by the contractor. 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. 4804 NOTICE INVITING SEALED BIDS FOR THE WATER DIVISION CARPET REMOVAL AND REPLACEMENT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 13 -21 PUBLIC NOTICE IS HEREBY GIVEN that the City of El Segundo invites sealed bids for the above project and will receive such bids in the offices of the City Clerk, 350 Main Street, El Segundo, California 90245, up to the hour of 11:00 a.m. on: MONDAY, SEPTEMBER 29, 2014 at which time they will be publicly opened. Copies of the Plans, Specifications, and Contract Documents 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 http: / /www.elsegundo.org /depts /works /proj ect_request_contact _ fonn.asp A pre -bid meeting is scheduled for Wednesday, September 17, at 10:00 am, at the City Water Plant, 400 Lomita Street in El Segundo, CA 90245. Bidders' attendance at this meeting is mandatory. Questions regarding the bid shall be submitted by noon on Monday, September 22, 2014 to1wap / /mcg�guc9'rd::.��al�rcalµl�u �l�w�rvcati�d�t�waaAr�IT,,. 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 will deduct a five percent (5 %) retention from all progress payments as specified in Section 9 -3.2 of these Specifications. 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. continued on next page... I -A -1 Agreement No. 4804 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: WATER DIVISION CARPET REMOVAL AND REPLACEMENT "SEALED BIDS FOR PROJECT NO.: PW 13 -21 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 ", or this (these) Specialty license(s): B - General Building Contractor, or C15 — Flooring and Floor Covering Contractors. 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 twenty -four (24) 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. BY ORDER OF the City of El Segundo, California. Tracy Weaver City Clerk City of El Segundo I -A -2 Agreement No. 4804 INSTRUCTIONS TO BIDDERS SUBMIT PLANHOLDER QUESTIONS 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 shall be submitted in writing to project managers via the City website W r j' xr� -1L( g' c „ r � � � m am l „ti Mm�alaa l� fig) � 1. Responses to all questions will be provided in writing to all Bidders in accordance with the schedule below. We will not identify companies or individuals that pose questions. Potential bidders shall not call City of El Segundo employees to discuss potential projects nor ask questions regarding the bid. Questions Due by noon, 9/22/2014 Questions Answered by 9/23/2014 PROPOSAL FORMS Bids shall 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. PROPOSAL GUARANTEE Not required for this bid. DELIVERY OF PROPOSAL The Proposal shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BIDS FOR PW 13 -21: WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT. DO NOT OPEN WITH REGULAR MAIL." Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to insure delivery of the proposal to the hands of the City of El Segundo's designated official prior to the bid opening time stipulated in the Notice Inviting Sealed Bids. Late proposals and/or facsimile proposals will not be considered. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids by a written request signed by the bidder. Such requests must be delivered to the City of El Segundo's official designated to receive the bids on the project. Proposals may not be I -B -1 Agreement No. 4804 withdrawn after said hour without forfeiture of the proposal guarantee. 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. IRREGULAR PROPOSALS Unrequested/unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered. TAXES 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. DISQUALIFICATION OF BIDDERS 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. DISCREPANCIES AND MISUNDERSTANDINGS 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. LEGAL RESPONSIBELITIES 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. I -B -2 Agreement No. 4804 AWARD OF CONTRACT The award of contract, if made, will be to the lowest responsible bidder determined solely by the City of El Segundo. Additionally, the City of El Segundo reserves the right to reject any or all proposals, to waive any irregularity, and take the bids under advisement for a period of ninety (90) calendar days, all as may be required to provide for the best interests of the City of El Segundo. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. AWARD OF ALTERNATE BIDS If the bid proposal contains a base bid and additive or deductive alternate bid items, the City reserves the right to award or reject any, all, or a combination of alternate bids. The lowest responsible bidder will be determined based on the scope of the contract awarded by the City. PREVAILING WAGES AND PAYROLL RECORDS CONTRACTOR and subcontractors shall be required to comply with all applicable provisions of the State Labor Code. CONTRACTOR and subcontractors shall pay the minimum prevailing rates of per diem wages as determined by the State Department of Industrial Relations. A copy of the most recent prevailing rates are on file at the Engineering Division, 350 Main Street, El Segundo, CA 90245, which will be made available for inspection to any interested party on request. CONTRACTOR and subcontractors shall keep accurate payroll records. Upon request by the CITY, a certified copy of these records shall be furnished to the CITY or its authorized representative. Some federal fund projects are also required to comply with Federal Davis -Bacon Act wage requirements. If there is a conflict between the state wages and the federal wages, the higher of the wage rates for any particular classification shall apply. I -B -3 Agreement No. 4804 PROPOSAL FOR THE WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 Date ) , 20-Z�l Company Name: �.�� ...em 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. 4804 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I -C -2 Agreement No. 4804 BID SCHEDULE WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13-21 AUGUST 26, 2014 Company Name: Address: City/State/Zip: ...—I L... . ...... S i-I D CA 20-1-2- z11!S:: Designated Contact: l, " Email: e."' iZj Phone #: nL, "K 7 ,,3 JO 12- -- 0 1 Cell Phone #: TOTAL BASE BID (In Figures) TOTAL BASE BID (In Words) new tile to be installed by others. ME ALTERNATE BID SCHEDULE I-C-3 WATER DIVISION CARPET REMOVAL AND REPLACEMENT YYfla Al ESTIMATED Y DESCRIPTION Provide and furnish all labor, materials, tools, equipment and services necessary to install tile in the 1 Lump Sum kitchenette area in accordance with the contract plans and specifications. Coordinate with City staff for staff to provide the tile to be installed. I -C -4 Agreement No. 4804 UNIT PRICE IN FIGURES TOTAL Agreement No. 4804 BIDDER'S INFORMATION Company Name: CC Layne & Sons Inc 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 CC Layne & Sons Inc Address 213 Richmond Street I Segundo, Ca 90245 Telephone No. 310- 322 -0174 Facsimile No. 310- 322 -1409 State Contractor's License No. and Class 376473 Original Date Issued Expiration Date 7/1/2015 The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having principal interest in this proposal: Cone[ Craig Layne Meri_Ly q p Layne, Scott Layne 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: CC Layne & Son Inc I -C -5 Agreement No. 4804 BIDDER'S INFORMATION (CONTINUED) Company Name: CC Layne & Sons Inc Bidder shall list the name of the person who attended the mandatory pre -bid job walk: Name: _ Cone] Craig Layne I -C -6 Agreement No. 4804 IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all a forenamed principals this day of 20 BIDDER Subscribed and sworn to this day of , 20_. NOTARY PUBLIC I -C -7 Agreement No. 4804 PROPOSAL GUARANTEE BID BOND (Not Required for Bids Less Than $30,000) WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER, and , as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($__), 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 1 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. 4804 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 376473 Class No.: B 2. The expiration date of BIDDER'S Contractor License is: Jul 1 :, 20 / A. 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 (insert City and State where Declaration signed). Signature" Conel CraiQ La ne Typed Name Title ,N Company Name I -C -9 Agreement No. 4804 NON - COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) Conel Craig Layne , being first duly sworn, deposes and say that he or she is President „_ of CC La ne s Sons Inc the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. n Signature Conel Craig Layne Title I -C -10 CC La ne & Sons Inc Name of Bidder /Company Name December 11 2014 Date Agreement No. 4804 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 o'this contract." Signature of Bidder: Title: President Business Name: CC Layne & Sons Inc Business Address; 213 Richmond Street El Segundo, CA 90245 Telephone Number: ( 310 )322-0174 Dated this 11 day of QL?--e r1uK &x_ , 20-LY-. I -C -11 Agreement No. 4804 DESIGNATION OF SUBCONTRACTORS WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13-21 Company Name: CC Layne & Sons Inc — - — ------------- - BIDDER will perform the majority of the work and proposes to subcontract certain portions of the work which are in excess of one-half of one percent (1/2 of 1%) of the bid and to procure materials and equipment from suppliers and vendors as follows: I-C-12 Description of Name of portion of Work Estimated Subcontractor Address Subcontracted $ Amount (Number and Street) (City, Zip Code) 130 (4-'), &?1�1' Al 3!S� - - . ................. ......... .........................°,°,°, 4) Ad AAz#hZt&2 JYi!A4( ... ...... ...... . .... .. . ..... . ..... ........... . . .................................................... ........ . ... ..... .............. ___ . ........ . I-C-12 Agreement No. 4804 REFERENCES Company Name: CC Layne & Sons Inc The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: Project Title: Air Force Base Location: 483 Aviation Blvd United States Air Force Name and address of owner Name and current telephone number of person familiar with project Type of Work: Office Remodel Contract amount: $ 9 355.00 Date completed: October 15 2010 Amount of work done by my /our firm under contract $,9,355.00 Did your firm have any financial interest in Project? No 2, Project Title: Main Lab Seismic Upgrades Location: 324 West El Segundo Blvd El Segundo, CA 9245 Name and address of owner Dan Fleming Name and current telephone number of person familiar with project Type of Work: Contract amount: $ 95,345.00 Date completed: November 20, 2013 Amount of work done by my /our firm under contract $ 55,000 Did your firm have any financial interest in Project? No I -C -13 Agreement No. 4804 3. Project Title: Boiler Shop Bathroom Upgrades Location: 260 E. El Segundo Blvd Chevron Name and address of owner Troy Cupp Name and current telephone number of person familiar with project Type of Work: Bathroom Remodel for Handicap Upgrades Contract amount: $123,000 Date completed: October 20, 2013 Amount of work done by my /our firm under contract $ 65,000 Did your firm have any financial interest in Project? No Company Name: 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? 5. Project Title: Location: Name and address of owner I -C -14 Agreement No. 4804 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. 4804 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 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. Have you ever been disqualified from any government contract? Yes ❑ No 21 2. If yes, explain the circumstances: Name (Please Print) I -C -16 Agreement No. 4804 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] WATER DIVISION CARPET REMOVAL AND REPLACEMENT, PROJECT NO.: PW 13 -21 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VH." 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." 1 Date I -C -17 Bidde,i ° "s St ;tttttt 'e Agreement No. 4804 CONFIRMATION OF HAZARDOUS MATERIALS LICENSE CLASSIFICATION for the WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO. PW 13 -21 This project will require the proper abatement and removal/disposal of asbestos tile and any other hazardous materials found during the project construction. GZ— fs S2 all confirm whether the company who will perform the hazardous materiA abatement and removal/disposal activities is either itself or a subcontractor. If a subcontractor, � '' shall list the subcontractor's information below, and confirm whether they possess the appropriate classification for the abatement and removal work. The hazardous material abatement and removal/disposal shall be performed by (check only one): ❑ OR 0 A subcontractor retained by Text , listed below Hi Tech Environmental Services Inc Name of Company to Perform Hazardous Materials Abatement and Removal 1601 N. Se ulveda Blvd #507 Address Manhattan Beach CA 90266 City /State /Zip Steve Massey Contact Person 310 - 263 -7151 hitechenaironimental@ ahoo.com Telephone Number and Email Address www_WW_ 672357 C12 ASB MA2 CAUOSHO DOSH Contractor's State License Number Fel The Contractor's State License Number listed above is confirmed by to be valid for the hazardous material abatement and removal/disposal activities required for this project I -C -18 Agreement No. 4804 END PROPOSAL SECTION I -C -19 Agreement No. 4804 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 This CONTRACT is entered into this day of , 20 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and a [California corporation, sole proprietorship, LLC, etc.] ( "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 ($15,073.00 ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I -D -1 Agreement No. 4804 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within (24 ") working /calendar days (the "Contract Time. ") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240- 10240.13. 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. 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. 4804 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. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either parry by the other party will be deemed made when received by such party at its respective name and address as follows: The Ciq The Contractor Stephanie Katsouleas [Contact] Public Works Director [Title] City of El Segundo [Company] 350 Main Street, [Addressl] El Segundo, CA 90245 [Address2] (310) 524 -2356 [(###) ### -####] 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 I -D -3 Agreement No. 4804 time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 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. I -D -4 Agreement No. 4804 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Greg Carpenter City Manager EvIM" — Tracy Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney LIN Karl H. Berger, Assistant City Attorney Insurance reviewed by: I -D -5 [Contact, Tjt [Company] Taxpayer ID No. 95- 3331988 Contractor State License No.: 376473 Contractor City Business License No.: 509 Agreement No. 4804 FAITHFUL PERFORMANCE BOND (Not Required for Bids Less Than $25,000) WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 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, which is a minimum one hundred percent (100 %) of the contract amount, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. , 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. , a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's I -E -1 Agreement No. 4804 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. or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; & 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. I -E -2 Agreement No. 4804 SIGNED AND SEALED this day of , 20 . PRINCIPAL'S PRESIDENT SURETY's PRESIDENT PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -E -3 Agreement No. 4804 LABOR AND MATERIALS BOND WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 Bond No. Bond Fee: ( "PRINCIPAL ") and corporation as principal incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of DOLLARS, which is a minimum one hundred percent (100 %) of the contract, 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 , SPECIFICATIONS NO. ( "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 and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. ), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, I -F -1 Agreement No. 4804 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 �, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. I -F -2 Agreement No. 4804 SIGNED AND SEALED this day of „ 20 PRINCIPAL's PRESIDENT SURETY's PRESIDENT PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I -F -3 Agreement No. 4804 SECTION II - GENERAL REQUIREMENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRATION OF CONTRACTORS No bid will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND CITY BUSINESS LICENSE CONTRACTOR and SUB - CONTRACTORS will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INFORMATION The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. FURNISHING OF WATER Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of Three Hundred Dollars ($ 300.00) to insure against damage to a 2' /z" 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. 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. 4804 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 SUBCONTRACTOR will wear an orange vest or an orange shirt while working in the public right -of -way. II -A -2 Agreement No. 4804 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0 -0 STANDARD SPECIFICATIONS 0 -1 GENERAL Except as modified by these Special Provisions, the provisions of the latest edition of the "Standard Specifications for Public Works Construction" and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0 -2 NUMBERING OF SECTIONS The numbering contained within the Special Provisions of the Contract Documents is intended to correspond with Green Book numbering. 0 -3 MODIFICATIONS To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence. 1 -2 DEFINITIONS The following subsection is added to Subsection 1 -2 of the Green Book. 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.. H -B -1 Agreement No. 4804 Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. Due Notice - A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. Engineer - The City Engineer, or designee, as defined in the Green Book. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. Green Book — 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. ❑ (checked 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 Green Book. 1 -3.1 The following abbreviations are added to Subsection 1 -3 of the Green Book: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWAAmerican Public Works Association ASME American Society of Mechanical Engineers H -B -2 Agreement No. 4804 IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association 1997 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 Green Book. 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 Green Book is deleted in its entirety and replaced with the following subsection. PARM�#l�1►1�1 :7 11 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 II -B -3 Agreement No. 4804 one -half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one -half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work, cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the 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 II -B -4 Agreement No. 4804 proper licensure is on the licensee. 2 -3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2 -3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10 %) of the Work. 2 -4 CONTRACT BONDS The following paragraph is added to Subsection 2 -4 of the Green Book. The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6 -8.1. 2 -5 PLANS AND SPECIFICATIONS Subsection 2 -5.1 of the Green Book is replaced by the following subsection. 2 -5.1 GENERAL The Contractor will maintain the following at the Work site: One as -built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. 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. H -B -5 Agreement No. 4804 Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2 -5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following paragraph is added to subsection 2 -5.2 of the Green Book: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. 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 Green Book. II -B -6 Agreement No. 4804 2 -8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work. 2 -9 SURVEYING Subsection 2 -9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 2 -9.3 SURVEY SERVICE 2 -9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2 -9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3 -3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3 -3.2.2 (c), Tool and Equipment Rental is modified where the second II -B -7 Agreement No. 4804 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.... . .... --- .. .... J5 4) Other Items and Expenditures ......15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents. 3 -3.3 DAILY REPORTS BY CONTRACTOR Add the following paragraph to subsection 3 -3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the H -B -8 Agreement No. 4804 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 is liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions include, without limitation, the following: Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, H, 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: 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 H -B -9 Agreement No. 4804 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 Special Provisions. Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4 -1.3 INSPECTION REQUIREMENTS Subsection 4 -1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4 -1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required. A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non - reinforced concrete pipe; and PVC sewer 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. H -B -10 Agreement No. 4804 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 must 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: t..' Written request with explanation of why the product should be considered as an equal product. Material specifications. Technical specifications. Test data. Samples. Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. 11-B -11 Agreement No. 4804 ❑ 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 Green Book. 5 -2.1 INCORRECT LOCATION OF UTILITIES If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing. 5 -4 RELOCATION The following subsection is added to Subsection 5 -4 of the Green Book. 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 Green Book. 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 Green Book. 5 -5.1 CALCULATING IDLE TIME H -B -12 Agreement No. 4804 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 SCHE IDLE AND COMMENCEMENT OF WORD. Section 6 -1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pre - Construction Meeting: 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: Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 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. 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 II -B -13 Agreement No. 4804 and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6 -1.3 EFFECT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. 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. II -B -14 Agreement No. 4804 The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6 -1.4 COMMENCEMENT OF CONTRACT TIME The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6 -4 DEFAULT BY CONTRACTOR The language in subsection 6 -4 is deleted in its entirety and replaced with the following subsections. 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; H -B -15 Agreement No. 4804 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6 -4.3 SURETY'S ASSUMPTION OF CONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City's forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 6 -6 DELAYS AND EXTENSIONS OF TIME 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, LI : .. Agreement No. 4804 labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, but is not required to, deem an extension of time to be in the City's best interests. 6 -6.2 EXTENSIONS OF TIME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 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. H -B -17 Agreement No. 4804 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 WORKING HOURS On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. and 4:00 p.m. 6 -7.4 NIGHT WORK The following paragraph is added to Section 6 -7 of the Green Book: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6 -7.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6 -8 COMPLETION AND ACCEPTANCE Subsection 6 -8 is deleted in its entirety and replaced by the following subsection: 6 -8 COMPLETION AND ACCEPTANCE The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. II -B -18 Agreement No. 4804 6 -8.1 GENERAL GUARANTY The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 6 -9 LIQUIDATED DAMAGES Subsection 6 -9, Liquidated Damages, of the Green Book is deleted in its entirety and replaced by the following subsections. 6 -9.1 FAILURE TO COMPLETE WORK ON TIME If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. 6 -11 DISPUTES AND CLAIMS; PROCEDURE 6 -11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. II -B -19 Agreement No. 4804 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6 -11.2 FORM A Claim must include the following: A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including 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 II-B -20 Agreement No. 4804 submitted within 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. A personal certification from the Contractor that reads as follows: "I, Conel Craig Layne BEING THE President (MUST BE AN OFFICER) OF CC Layne & Sons Inc (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." 11-B -21 Agreement No. 4804 6 -11.3 CLAIMS SUBMITTED TO ENGINEER Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6 -11.4 CLAIM IS PREREQUISITE TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6 -11.5 DECISION ON CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim, the Engineer will request such additional information in writing. Any such requested data will be furnished not later than 10 days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 60 days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 30 days of the date of this decision, the decision will be come final and binding and not subject to further appeal." II -B -22 Agreement No. 4804 6 -11.6 APPEAL OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 days of the City's final decision. 6 -11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non - binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ( "AAA ") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. 6 -11.8 ARBITRATION If the City and Contractor do not agree to mediation, then a disputes will be submitted to neutral non - binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6 -11.9 WHEN ARBITRATION DECISION BECOMES BINDING II -B -23 Agreement No. 4804 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 COURT: WAIVER OF JURY TRIAL Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ( "CCP ") §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION, INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6 -11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 7 -2 LABOR The following subsections are added to Subsection 7 -2 of the Green Book. 7 -2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703 -4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. II -B -24 Agreement No. 4804 Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one 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. H -B -25 Agreement No. 4804 7 -3 LIABILITY INSURANCE Subsection 7 -3, Liability Insurance, of the Green Book is deleted in its entirety and replaced by the following subsections. 7 -3.1 GENERAL Contractor must procure and maintain for the duration of the contract the following insurance coverage against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER OCCURRENCE Comprehensive General Liability Business Auto Workers' Compensation ISO FORM GL 00 02 0185 or 88 CA 00 010187 COMBINED SINGLE LIMIT $2,000,000 $2,000,000 Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the H -B -26 Agreement No. 4804 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. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 970 Los Angeles 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 H -B -27 Agreement No. 4804 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 A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6 -10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6 -10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverages 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 and Defense In addition to the provisions of Subsection 7 -3 of the Green Book as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. II -B -28 Agreement No. 4804 The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor will assume the defense of and indemnify and save harmless the City of El Segundo, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 of the Standard Specifications will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7 -3.2 or in Subsection 7 -3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7 -3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. 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 Green Book: The Contractor will apply for permits required by the City Building Safety Division. These permits will be issued on a "no -fee" basis. However, the Contractor must pay for and obtain all other permits from other governmental and II -B -29 Agreement No. 4804 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 DUST CONTROL Subsection 7 -8.1, Cleanup and Dust Control, of the Green Book is deleted in its entirety and replaced by the following subsections. 7 -8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick -up type street sweeper a minimum of once daily. 7 -8.1.2 WATERING Water for the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing a $300 meter deposit and the payment of a $50 service fee, the Engineer will cause a meter to be installed. All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. 7 -8.6 WATER POLLUTION CONTROL This section is supplemented by the addition of the following requirements which establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete /asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or H -B -30 Agreement No. 4804 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 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 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. H -B -31 Agreement No. 4804 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 Street closures will not be allowed except as specifically permitted by the Engineer. The Contractor will prepare any traffic control or detour plans that may be required as directed by the Engineer. Lane transitions will not be sharper than a taper of thirty (30) to one (1). II -B -32 Agreement No. 4804 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 -33 Agreement No. 4804 7 -15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the Green Book: 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 Green Book. 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 Green Book. 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 Green Book. 9 -2 LUMP SUM WORK Subsection 9 -2, Lump Sum Work, of the Green Book 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 II -B -34 Agreement No. 4804 paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9 -3.2 PARTIAL AND FINAL PAYMENTS The text of Subsection 9 -3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the City for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty -five (35) calendar days from the date of approving the 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 ten percent (10 %) 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 II -B -35 Agreement No. 4804 work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub - contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract. Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor's own expense and will include costs incurred by the City to accommodate the Contractor's request. Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work. A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 9 -3.3 DELIVERED MATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. II -B -36 Agreement No. 4804 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 Special Provisions and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - II -B -37 Agreement No. 4804 SECTION III — SPECIAL PROVISIONS 1 -0. GENERAL SCOPE, TIME FOR COMPLETION, AND LOCATION OF WORK 1 -1. General Scope of Work The City of El Segundo invites Proposals from contractors to provide on -site services, including all labor, materials, tools, equipment, transportation, services and supplies required to remove and replace approximately 197 square yards of Water Division Building carpet, including the removal and proper disposal of asbestos tile underneath the carpet, the complete removal of a non - structural wall in one section of the second floor, and the removal of tile and replacement with carpet in the existing kitchenette area. The work shall be as specified herein and as indicated during the mandatory pre - bid job walk. Please note that the carpet tiles, carpet adhesive, and base materials have already been procured by the City. The contractor shall be employed in the construction field that the City seeks and for which they possess a current contractor's license. All bidders must be qualified to perform the services described, and must have demonstrated a past history, at least 5 years, of responsiveness, technical expertise, and professionalism for this type of work. It shall be incumbent upon prospective bidder to measure all rooms and determine t o his own satisfaction the exact areas to be carpeted. The successful contractor shall make all arrangements necessary for the proper removal, disposal, and monitoring of asbestos tile and any other hazardous material by subcontracting companies certified to do the work. All items not anchored down in the areas to be carpeted on the upper floor of the Water Division building, including but not limited to books and shelves, movable furniture, and copiers will be removed and replaced by the contractor. 1 -2. Working Hours, Days and Time for Completion Working hours shall be noon to 7:00 am to 3:00 pm Monday through Sunday. The Contractor shall be aware that the work must be coordinated and scheduled to allow clearance of all items not anchored down in each work area as the work progresses. A Contractor will commence work for each project on the date specified in the Notice to Proceed and will complete work on the PROJECT, under the supervision of the Facilities Maintenance Supervisor, within TWENTY -FOUR (24) CALENDAR DAYS after the date of commencement, unless otherwise agreed to by the Public Works staff. Please note, the first 14 days of the 24 calendar days shall be allotted III -A -1 Agreement No. 4804 to 14 calendar days for required AQMD notification for asbestos abatement. 1 -1 Location of the Work Services shall be provided primarily for the second floor of the Water Division Building, located at 400 Lomita Street. It shall also include any portion of the first floor entryway and the stairs from the entryway to the second floor identified as to be carpeted during the mandatory pre -bid job walk and as indicated in these specifications. Additionally, the tiled area in the existing kitchenette space on the second floor, adjacent to carpet area, shall be prepped and carpeted as well. III -A -2 Agreement No. 4804 SECTION 02090 HAZARDOUS MATERIAL ABATEMENT 02090 -1 — GENERAL 1 -4. The work of this section includes the furnishing of all labor, materials, equipment and services to remove and dispose of items identified as containing lead -based paint (LBP) and/or items with asbestos - containing materials (ACM) in the dwellings that are part of the project. 1 -5. Scope A. See the attached Limited Survey of Suspect Asbestos - Containing Materials report for 400 Lomita Street in El Segundo B. Remove and dispose of carpet material and carpet tiles on the second floor, stairs, and stair landings of the Water Division Building. C. Remove and dispose of all carpet materials that are identified as having a significant amount of hazardous materials. D. All work must be done in coordination with the General Contractor and the General Scope of Work. 1 -6. Submittals At least 14 days before commencing work, submit the required AQMD form for asbestos abatement and removal. Submit a copy of the form to the City. At least 5 days before commencing work, two copies of the following must be submitted to the City: A. Training documentation for each supervisor and worker who will be on -site for this project showing completion of an accredited training program. B. Medical documentation for each supervisor and worker who will be on -site for this project showing that they have had the appropriate and timely medical examinations. C. Respiratory protection program documentation. D. OSHA compliance plan. E. Hazard Communication program. F. Hazardous Waste Management plan which is in compliance with all applicable regulatory agencies. 1 -7. Contractor Qualifications The Contractor must have a minimum 3 years experience' in hazardous materials removal and hold a current license under 40 CFR Part 763 as specified by the U.S. Environmental Protection Agency (EPA) for the purpose of removal, encapsulation, enclosure, demolition, and maintenance of ACM and LBP hazardous materials. III -A -3 Agreement No. 4804 The Contractor must submit the following current licenses, certificates, and documentation to the City at least 5 days before commencing work: A. General -B Building Contractor license in accordance with Chapter 9, Division 3 of the Business and Professions Code and the rules and regulations of the Contractor State Licensing Board of California. B. Asbestos certification in accordance with Section 7058.5 of the Business and Professions Code and the rules and regulations of the Contractor State Licensing Board of California. C. Certificate of Registration for asbestos - related work in accordance with the California Code of Regulations, Title 8, Article 2.5, for asbestos - related work. D. Registration as a Hazardous Waste Hauler in accordance with Chapter 6.5, Division 20 of the Health and Safety Code and Chapter 30, Division 4, Title 22 of the California Code of Regulations. In addition, a current certificate of insurance must be on file with the Department of Health Services, Toxic Substances Control Division for automobile injury and liability coverage. In lieu of, Contractor must utilize a properly licensed and insured hazardous waste hauler to remove all hazardous wastes from the site. E. Copies of all notifications, permits, and certificates of the disposal facility(ies). In addition to the above, Contractor must submit copies of applicable South Coast Air Quality Management District (SCAQMD) certifications for all air pollution control devices to the City before commencing work. The Contractor must provide a certificate of patent to utilize negative air machines for the control of airborne asbestos fibers. 1 -8. Regulations Contractor must comply with the latest requirements of the regulations governing hazardous materials removal and disposal. These regulations include, but are not limited to: A. Applicable US EPA Regulations for asbestos (Code of Federal Regulations Title 40, Part 61, Sub -parts A and B, Part 763) B. Applicable US National Emissions Standards for Hazardous Air Pollutants (Code of Federal Regulations Title 40, Part 61, Sub -part M) C. Applicable US Department of Labor Occupational Safety and Health Administration, Asbestos Regulations (Code of Federal Regulations Title 29, Part 1910 and Part 1926) D. Department of Transportation Regulations 49 CFT Parts 172, 173, 178, and 179 E. Applicable California Code of Regulations Title 8, Section 5208, Title 14, and Title 22 F. South Coast Air Quality Management District Rule 1403 III -A-4 Agreement No. 4804 G. NIOSH/OSHA/EPA/USCG, DHHS (NIOSH), Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities, Publication No. 85 -115, 1985. H. All other applicable federal, state, county, or local rules or regulations. Whenever a conflict or overlap of a federal, state, county or local rule or regulation occurs, the most stringent provision must apply. [IYi1IIlb� . '_T 8] �JIL"I 2.1 All products used in this work must meet applicable regulatory requirements including: A. Protective covering sheets B. Sealing tape C. Cleaning compounds D. Disposal containers E. Warning signs and labels F. Personal protective equipment G. Tools and equipment 02090 -3 — EXECUTION 3.1 Notification and Permits Contractor must be responsible for notifying all applicable regulatory agencies in writing at least 10 working days, or whatever period is prescribed by applicable laws or regulations, before the commencement of work at the site. Contractor must secure all necessary permits to complete the project as described herein. The cost of securing all necessary permits must be included in the bid submittal. Applicable regulatory agencies include, but are not limited to, the following: A. Environmental Protection Agency B. California Department of Industrial Relations (CAL -OSHA) C. Department of Health Services, Toxic Substances Control Division D. South Coast Air Quality Management District E. City Fire Department At least 5 days before conducting work at the site, the Contractor must submit to the City copies of all applicable regulatory permits and notifications. 3.2 All work practices must meet the requirements of all applicable regulatory agencies including: A. Worker safety /decontamination procedures B. General removal procedures C. Inspection procedures III -A -5 Agreement No. 4804 D. Waste storage (on -site) and identification E. Waste disposal. The Contractor must provide the City with a receipt from a legal disposal site to ensure that materials have been properly deposited. F. Final site cleanup 3.3 Manifest The Contractor must certify that all waste materials are properly classified, packaged, marked, and labeled and are in all respects in proper condition for transport. All waste manifests generated from this project must be submitted to the proper City for signature at the time the wastes are collected by the Transporter and before being removed from the site for disposal. All trucks and /or roll -off containers used for transporting hazardous materials must be transported directly from the site to the appropriate landfill for disposal. 3.4 Worker Protection Contractor must post copies of all notifications, warning signs, licenses, and worker identifications as required by any federal, state, or local law or regulatory standard including hazardous communication standards under California's Title 8, Section 5194, at a centralized location. Contractor must provide appropriate safety equipment to prevent slips, trips, and falls by workers. Safety equipment may include lights, caution tape, signs, etc. All electrical equipment must be protected with the use of ground fault interrupts. A copy of the Contractor's Injury and Illness Prevention Program as mandated by the California Labor Code, Title 8, Section 3203, must be provided at the site at all times. Contractor must follow all applicable regulations by federal and state OSHAs to provide a safe workplace for all workers. Contractor must provide workers with appropriate respiratory equipment suitable for the asbestos and lead exposure levels in the work area according to OSHA Standard 29 CFR 1910 and 1926 and ANSI Standard Z88.2 -80. Where respirators with disposable filters are employed, sufficient filters must be provided for replacement as necessary by the worker or as required by applicable regulations. Sufficient sets of full body, protective clothing must be provided for all abatement workers and other authorized individuals. Such clothing must consist of full body coveralls, headgear, and eye protection as required by applicable safety regulations. Contaminated clothing, footwear, and equipment must be properly contained, removed from the work area, and stored in an enclosed container at the completion of each day of abatement activity. At the completion of the abatement project, all contaminated items must be thoroughly cleaned of all hazardous materials. All workers must be properly trained and have sufficient instruction to perform the tasks assigned to them. Contractor must have available copies of appropriate documentation for every abatement worker showing training, medical monitoring, and III -A -6 Agreement No. 4804 respiratory protection to the City before beginning work. Respirators must be fitted by the use of OSHA fit test protocols and be properly documented. Contractor must ensure that medical regulations required under CCR, Title 8, Section 5208 and 29 CFR 1910.120 are current for all their employees. 3.5 Waste Disposal Hazardous materials must be disposed of at an approved landfill and in accordance with all applicable federal, state, and local regulations. 3.6 Final Submittals At the conclusion of the hazardous materials removal and abatement activities, a letter of completion from the Contractor must be received by the City within 3 days after final clean-up activities. The letter of completion must state that all identified hazardous materials have been removed and disposed of in accordance with applicable federal, state, and local regulations, laws, and statutes. In addition to the above submittals, the Contractor must submit to the City copies of the project log book, employee air monitoring results, final clearance air monitoring for asbestos activities, and employee work records from the site within 10 working days after completion of the hazardous materials removal and abatement activities. The Contractor's work effort must not be considered final until all submittals and other requested project documents have been received by the City. Moreover, no work will be accepted as final until all waste manifests have been received by the City from the disposal site acknowledging proper disposal of all wastes generated from this project. END OF SECTION 02090 III -A -7 Agreement No. 4804 2- 0.[DK1 ] 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 1. Start of work, shutdown of work, or resumption of work after shutdown 2. Closing of streets TELEPHONE Floriza Rivera, Public Works Staff 310 -524 -2361 Arianne Bola, Public Works Staff 310 -524 -2364 James Turner, Water Division Supervisor 310 -524 -2742 Martin Whitehead, Maintenance Supervisor 310- 345 -0157 Ron Fajardo, General Services Manager 310 -524 -2715 Stephanie Katsouleas, Director of Public Works 310 - 524 -2356 El Segundo Police Department ** 310 -524 -2200 El Segundo Fire Department ** 310 -524 -2236 * * The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. Underground Service Alert (all excavation in public right -of -way) 800 - 227 -2600 2. City of El Segundo — Water Division 310 -524 -2742 3. City of El Segundo - Wastewater Division 4. City of El Segundo - Recreation and Parks 5. Southern California Gas Company 6. Southern California Edison Company (SCE) 7. Pacific Bell 8. Time Warner Communication (Cable) 9. Los Angeles County Sanitation District 10. El Segundo Unified School District III -A -8 310 -524 -2754 310 -524 -2707 310 - 671 -9002 310 - 417 -3366 310 -515 -4430 310 - 768 -0400 Extension 414 310 - 699 -7411 310 - 615 -2650 Agreement No. 4804 3- 0.[ox21 MOBILIZATION 3 -1. 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: a. Obtaining and paying for insurance, permits, and licenses required by agencies other than the City of El Segundo. City of El Segundo Encroachment Permits and Building Permits shall be no -fee permits. b. Moving on to the site of all Contractor's equipment required for operations c. Posting all OSHA required notices d. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval e. Submitting AQMD or other required notices for abatement activities prior to demolition; required notification periods shall be included in the construction schedule. Any cost for these submittals shall be the responsibility of the contractor. f. Notification of City staff and employees as necessary, including temporary warning and safety signage inside applicable buildings where construction is occurring. Notification shall take place at least 48 hours before construction as well as during construction. g. Coordination for inspection and sign -off with City building inspectors if required for this type work h. Preparation of a schedule of values primarily based on mobilization and on square footage of carpet to be installed and the percent completion of the installation i. Re- notification of all affected parties for all construction schedule changes j. Preparation and cleaning of work area as necessary in order to implement repairs k. Moving all furniture to storage areas as necessary for work to occur 1. Restoration, to existing standard conditions or better, of public property damaged during construction m. Moving all furniture back to their original locations n. Demobilization 3 -2. The Contractor shall be responsible for accurately measuring the area for the required amount of carpet and for providing City staff at least two weeks' notice if the correct amount of carpet has not been ordered. 3 -3. Bid price shall reflect all material and labor required to remove existing carpet and tile, install carpeting as specified, remove and replace furniture, as well as cleanup. 3 -4. The contractor shall furnish all labor, materials, appliances, transportation, etc. required to remove old carpet tile and any other existing floor tile in the proposed carpet areas, and to install all carpet work, including all pads, tackless strips, metal trim at doorways and necessary items, as required by the drawings and specified herein. 4 -0. PROJECT MANAGEMENT a. Coordinate all activities with City representative to ensure that the project is completed in a timely fashion and according the specifications. b. Exercise due diligence in all aspects of the project. III -A -9 Agreement No. 4804 c. Ensure that all orders, if necessary, are placed and followed up on quickly to meet project timelines. d. Ensure that work crews are scheduled far enough in advance to ensure timely initiation and completion of the project. e. Ensure that all required tools and equipment are available to initiate the work. 4 -1. The contractor shall: a. Measure each area (square footage provided in the bid is estimated) b. Provide City staff with the square footage measurements for each area c. Remove the non - structural wall in the large room d. Move furnishings e. Remove and dispose of existing carpet floor covering f. Remove old carpet adhesives g. Properly remove and dispose of any other floor tile covering and floor tile adhesives or mastic which may require the retention of certified hazardous material abatement subcontractors and consultants. See Section 6.0. h. Prepare floors for carpet tile installation in accordance with the manufacturer's instructions i. Install carpet tile already obtained by City staff j. Remove existing wall base and old adhesive k. ,Prepare wall surfaces for installation of new Johnsonite wall base, already obtained by City staff, in accordance with the manufacturer's instructions 1. Install new 4" coved wall base m. The base must be installed to minimize joints and with joints as far from corners as practical n. Work shall be performed during the business hours of 7 am- 4 pm, Monday through Thursday, unless otherwise approved by City staff prior to construction o. Furniture shall be removed from the rooms by the Contractor prior to installation of the carpet tile. p. Furniture shall be replaced in all rooms by the Contractor after installation of carpet tile. 4 -2. Workmanship a. The entire carpet installation shall be performed based upon the highest standards for this trade. Only skilled workers shall install this material. b. The weave of the carpet shall be laid square with the room, properly fastened with tackless strips. c. Carpet seams shall be sewn using the thread and method recommended by the carpet manufacturer. d. Wherever possible, carpet shall run in the same direction and be laid with a minimum number of seams. Carpet shall be installed so that a minimum number of carpet sections are used. Where carpet meets raised tile, other hard surfaces, or existing carpet, special care shall be exercised to make a flush surface. No seams shall occur at doorways and entries perpendicular to doors or entries. Seams occurring at doors that are parallel to doors shall be centered directly under the door. III -A -10 Agreement No. 4804 5 -0. DELIVERY, STORAGE AND HANDLING. The Contractor shall: a. Be responsible for all delivery arrangement of all material to the work site. b. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct and products are undamaged. c. Transport and handle products in accordance with manufacturer's instructions. d. Coordinate delivery, storage and handling requirements with City representative to designated prepared areas to minimize site storage time and potential damage to stored materials. e. Utilize City facilities for storage of any tools, materials or equipment required to perform the work as authorized by City representative. Restrict storage to materials and equipment related to the project only. f. Stage the materials, if necessary, only in areas designated by the City representative. g. Ensure that the staged items are fully protected and secured from adverse environmental conditions, damage, vandalism, theft and the like. h. Do not stage or store items that are in contradiction with the manufacturer's or legal requirements. i. Ensure that all equipment, excess materials and debris are removed from the work site as soon as practically possible. j. Note that any damaged or missing items shall be replaced at contractor's sole expense. k. Remove from City facilities all materials, tools and equipment immediately after completion of the project. 6 -0. PREPARATION FOR CONSTRUCTION. The contractor shall: a. Coordinate with Water Division staff to determine which furniture and non - anchored items shall be relocated and to which locations over the course of the project b. Relocate furniture and non - anchored items in designated areas to facilitate the removal and installation process. c. Lift the furniture and non - anchored items as required when relocation is not a reasonable option. d. Utilize a manufacturer approved furniture lift system to ensure that there is no damage to the furniture or the new flooring. e. Not utilize crowbars or like devices unless specifically authorized by City representative. f. Note that the cost to move or lift furniture or non - anchored items is at the Contractor's sole expense. 6 -1, Wall Removal a. The Contractor shall entirely remove and not replace the approximately 12 -foot by 7 -foot glass, metal, and wood veneer wall, and the metal support structure for it from the floor to the ceiling,. The wall and support structure are located in the large room on the upper floor of the Water Division Building. b. Once the wall is entirely removed, the Contractor shall do what is necessary to prepare the floor where it used to be for the installation of carpet. III -A -11 Agreement No. 4804 6 -2. Removing and Disposing of Existing Flooring. The contractor shall: a. Remove and dispose of the existing carpet tile /sheet flooring to be replaced according to all legal requirements. b. Ensure that excess materials on the substrate, that would prevent the proper installation of the new flooring, are removed and disposed of properly. c. Cleaning shall be performed to the extent necessary to leave subfloors thoroughly dry, clean and free of grease, oil, paints, dirt, crumbly or scaly surfaces and the like. See also Section 6 -3. d. Not stockpile material. Instead, material shall be promptly removed and disposed. e. Coordinate with the City representative regarding any disposal containers that may be required; any related costs are at the Contractor's sole expense. L Not reuse any removed material unless City representative so authorizes. g. Should any tile adjacent to carpet but not in the project scope be inadvertently damaged or removed in the course of removing and replacing the carpet, the contractor shall make arrangements to remove and replace the the in that area with new tile to the City's satisfaction. 6 -3. Existing floor tile removal — The Contractor shall comply with all state, regional, and local codes and requirements to safely and completely remove existing carpet and floor tiles in the areas where new carpet tiles are to be installed. a. The Contract shall be responsible for addressing all issues that arise from the removal of the existing floor tiles which may have asbestos material in them. Bid costs shall include any and all activities for the Contractor to retain a properly licensed and certified subcontractor or consultant to test the floor tiles to confirm the presence of asbestos or other hazardous construction materials. A report conveying the test results shall be provided to the City. b. Bid costs shall include any and all activities for the Contractor to retain, if necessary, properly licensed and certified subcontractor to correctly abate, remove and dispose of any asbestos or hazardous material including in order to prepare the surface of the floor for new carpet tile. c. Bid costs shall include any and all activities for the Contractor to retain a properly licensed and certified subcontractor or consultant to monitor the abatement, removal and disposal of any asbestos or other hazardous materials, if applicable. 6 -4. Preparing Substrate. The contractor shall: a. Examine substrates thoroughly to determine its suitability for flooring installation. b. Notify, immediately, the City representative, upon discovery of any suspect condition that could potentially cause a faulty installation. Do not proceed with installation unless the City representative has granted written permission to proceed regarding the suspect conditions. Remedy any faulty installation failing Contractor's adherence to the aforementioned. c. Ensure that, prior to flooring installation, the substrate is: properly prepared for the flooring material; free of inherent defects such as ridges, bumps, rises, dips, low spots, cracks, holes, joints and the like that could cause a faulty installation, be unsightly, or cause any hazards; sufficiently smooth, flat, clean, dry, well bonded, primed; has moisture content and pH levels that are within flooring manufacturers' tolerances to permit a professional installation and pleasing appearance. III -A -12 Agreement No. 4804 7 -0. INSTALLING NEW CARPET — The Contractor shall furnish all labor, materials, appliances, transportation and equipment required to install Shaw Contract "0#59250 Stereo" carpet tiles already obtained by City staff, as required by the drawings and specified herein. If additional carpet is needed, the Contractor shall inform City of El Segundo staff at least two weeks prior to installation so that it can be ordered and delivered without delaying the work. Materials — Materials already obtained by City staff for this project are listed in the Appendices. If further materials are needed as contractor has verified during the pre - bid job walk, the contractor shall bring this to the City's attention prior to submitting the bid so that the City can procure the correct amount of materials prior to construction. Costs and delays for ordering additional materials shall be assumed by the contractor if not addressed prior to bidding. 7 -l. Installation guidelines. The contractor shall: a. Ensure proper ventilation at all times and that no potential or known fire hazards exist. b. Protect all areas not receive new flooring at all times. c. Utilize only the adhesives that are the appropriate type, amount, spread and meet the environmental conditions according to the manufacturer's specifications. d. Cut flooring according to manufacturer's specifications. e. Install the flooring material according to the manufacturer's specifications. f. Ensure that any patterns of the flooring are aligned and positioned properly; that there is uniformity and conformity of direction. g. Install flooring material in all designated areas including under any open- bottom items, removable flanges and furnishings, in alcoves and closets and to the edge of all walls, columns, permanently mounted articles and the like. h. Install protective edge guards or overlapping flanges to conceal edges. i. Provide tightly fitting cut -outs as appropriate. j. Ensure that all joints and edges are properly butted so that there are no gaps or distortions in the flooring. k. Ensure that the installed flooring does not interfere or restrict any existing cabling or wiring for any devices including without limitation: computers, fax machines, telephones, copiers, electrical boxes and the like. 1. Not bridge building expansion joints with continuous flooring. m. Remove, immediately, all excess adhesive from all areas and ensure that its removal causes no damage to new flooring or adjacent surfaces. n. Any additional and incidental work and materials required to repair any damaged tile or subflooring in areas next to the carpeted areas but not in the project scope shall be performed or procured at no additional cost to the City. Repair shall occur to the City's satisfaction. o. Clean and vacuum, as appropriate, the new installed flooring prior to replacing furniture and after replacing furniture as may be necessary. 8 -0. CLEAN -UP a. The carpet surfaces shall be left clean and free from foreign substances. Ill-A -13 Agreement No. 4804 b. Any damage to paint, walls, woodwork, doors, furniture, or other surfaces as a result of carpet installation shall be repaired at no additional cost and to the satisfaction of City staff. c. Upon completion, the carpet shall be clean and free of stains. There shall be no loose or uneven areas. d. Usable pieces of carpet not needed to complete the work shall remain at the library, placed in an orderly manner in an area designated by library staff. 8 -1. Replacing Moved Furnishings and Non - Anchored Items. The contractor shall: a. Note that furnishings include all tangible items including without limitation: furniture, desks, shelves, bookcases, floor mats, etc., but not computer equipment. b. Replace all moved furnishings to original position or to the designated positions as may have been determined and agreed upon before the installation process began. c. Ensure that all furnishings are back in place immediately after completed installation. 8 -2. Final Inspection. The contractor shall: a. Perform a pre -final inspection before requesting the final inspection with City representative. b. Coordinate final inspection with City representative immediately after the project completion. c. Note that invoices may not be presented for work that has been completed that has not been inspected and approved by City representative and if invoice is received prior to approval, then payment will be withheld until such approval has been granted. d. Replace any defective work, at Contractor's sole expense, within five business days after final inspection and notification has been received by Contractor from City representative. 8 -3. Demobilization The contractor shall: a. Ensure that all waste materials are disposed of properly. b. Deliver all excess flooring materials per City representative instructions. c. Ensure that all required tools and equipment are promptly removed after completion of work. 9 -0a WORK DELAYS The contractor shall: a. Note that force majeure applies only when delays are clearly beyond the control of or could not have been anticipated by Contractor. City will grant an extension in time equivalent to the exact number of working days that were caused by the force majeure incident(s), but City will not grant any monetary relief unless costs for mobilizing and demobilizing were detailed in the bid, which shall be subject to negotiation. b. Agree that when delays are within the control of or could have been anticipated by Contractor, that payment of liquidated damages in the amount of $250.00 per working day will be assessed for the exact number of working days that work was delayed. III -A -14 Agreement No. 4804 1I131��[�]��Z�]► : • X7111 � 1�3.`�I�f� - • � � _ • � iF� fA a. List subcontractors that may be performing any work for the requirements as described herein. b. Note that any subcontractors utilized must meet same qualifications, bonding, insurance and other requirements as may be stated in this document. c. Not change any subcontractor, subcontract out, or assign the performance of any of the work without the prior written approval of City representative. 11 -0. SITE CONDITIONS The contractor shall: a. Examine specifications and work site and conditions before submitting a bid. b. Note that changes or substitutions to this specification will NOT be made unless specifically approved, in writing, by City representative. c. Notify, in writing, the City representative, regarding any issues that prevent the project from being completed as specified herein. Note that start of work without Contractor providing such notification will be considered acceptance by the Contractor of the existing site conditions. 12 -0. ENVIRONMENTAL REQUIREMENTS, SAFETY, AND SECURITY The contractor shall: a. Comply with current applicable local, state and federal regulations and requirements. b. Transport, store, apply and dispose of all hazardous materials as required by law. c. Supply, if necessary, a trash container for non - hazardous materials only. d. Remove from the work site and properly dispose of, on a daily basis, all spent materials, supplies, debris, equipment and the like. e. NOT accumulate waste materials unless City representative otherwise allows. f. Notify, immediately, City representative upon the discovery of any hazardous materials including asbestos; force majeure may apply if written notification is received within 24 hours of discovery. 12 -1. Materials Safety Data Sheets: Suppliers are advised that the City requires proper labeling and Material Safety Data Sheets (MSDS) on all applicable products. It is the supplier's responsibility to determine which products are covered and to provide MSDS with the initial shipment. It is also the supplier's responsibility to provide any updates or revisions of MSDS, as they may become available for any products sold and delivered to the City. 12 -2. Safety. The contractor shall: a. Ensure that all applicable safety standards are enforced at all times. b. Maintain clear access to all fire exits. c. Keep project premises free of construction- related debris. d. Collect material that may constitute a safety hazard and remove daily from site. e. Maintain and protect areas where work is progress from damage. f. Ensure that its employees observe and exercise all necessary caution and discretion so as to avoid injury to person or damage to property of any and all kinds. g. Protect all buildings, equipment and furnishings from damage, which might be done or caused by work performed under this contract. Such damages to the III -A -15 Agreement No. 4804 foregoing shall be repaired and/or replaced by approved methods so as to restore the damaged areas to their original condition at the expense of the Contractor. h. Erect, install, and maintain all temporary public walks, warning signs, barricades, and other protective means as may be necessary for the protection of the public and City employees from injury. 12 -3. Security a. The contractor shall not admit any person into the work areas who are not an employee of City or Contractor. b. The contractors and subcontractor's employees shall wear identification at all times, which shall be furnished by the Contractor and subcontractor, respectively. 13 -0. DAMAGES. The contractor shall: a. Protect materials, products and facility against damage at all times during the project. b. Repair, at Contractor's expense, any damage caused by Contractor within 30 days. c. Damage shall be repaired to original or better condition, to the City's satisfaction d. Note that failure to complete repairs within the given time will entitle the City to effect the repairs. The cost of the City to repair items will be deducted from invoices due, or will be charged back to Contractor. 14 -0. WARRANTY. The contractor shall: a. Provide everything necessary including without limitation: labor, material and equipment to replace or repair any defective installation and or manufacturer's defect within a year from completion at no additional cost to the City. b. Respond to warranty issues within 24 hours after notification in City - determined emergencies and in agreed -upon times for non - emergencies. c. OEM manufacturer's warranty on their products. 15 -0. CONTRACTORS' AND SUBCONTRACTORS' EMPLOYEES: Any person making deliveries to or working at City facilities must be identifiable by uniform, proper identification and/or a marked vehicle. The contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. III -A -16 SECTION IV — APPENDICES 1. City Facilities Map 2. Carpet Tile Specifications Agreement No. 4804 CI14029 Lagoa%= LIMITED SURVEY OF SUSPECT ASBESTOS - CONTAINING MATERIALS Water Division Building 400 Lomita Street El Segundo, California City of El Segundo 350 Main Street El Segundo, CA 90245 April 2014 'Tararm, CA 90503 0 TEL (310) 316-4377 4 FAX (310) 31 Agreement No. 4804 Agreement No. 4804 Christopher K. Gale President Cal /OSHA Certified Asbestos Consultant No. 92 -0207, Expiration Date: 8/18/14 Agreement No. 4804 TABLE OF CONTENTS 1.0 Scope of Work 2.0 Investigative Methods 3.0 Results of Investigation 4.0 Confidentiality and Limitations APPENDICES A. Asbestos Bulk Sampling Summary B. Laboratory Report — Asbestos C. Sample Location Diagram Agreement No. 4804 1.0 SCOPE OF WORK gale /jordan associates, inc. (gja) was hired by the City of El Segundo to provide bulk sampling of suspect asbestos - containing materials at the Water Division Building, located at 400 Lomita Boulevard, El Segundo, California. Per the client's request, the survey was limited to flooring materials that may be disturbed during a carpet replacement project. James Spencer, Cal /OSHA Certified Asbestos Consultant No. 92 -0557, who is also accredited by EPA/AHERA (Asbestos Hazard Emergency Response Act) for "Building Inspection for Asbestos" performed the survey on April 24, 2014. Christopher Gale, Cal /OSHA Certified Asbestos Consultant No. 92 -0207, reviewed the project. 2.0 INVESTIGATIVE METHODS Samples of vinyl floor tile and associated mastic, suspect asbestos - containing materials (ACM), were collected and analyzed to the first positive for asbestos content. One positive result determines that the material is asbestos containing; all samples must test negative to prove that the material does not contain asbestos. This sampling protocol satisfies the guidelines of Cal /OSHA and the South Coast Air Quality Management District for the material sampled. The sampling was limited to the flooring materials per the client's request. No destructive sampling was performed; therefore, other asbestos - containing materials may be present. Analysis was performed by Forensic Analytical Laboratories, Inc., Rancho Dominguez, California, using Polarized Light Microscopy with Dispersion Staining (PLM/DS) in accordance with the Environmental Protection Agency (EPA), "Method for the Determination of Asbestos in Bulk Building Materials" (EPA 600/R -93 -116). Percentage estimates of each material component are based on the analyst's best judgment following examination with a stereoscope and PLM/DS analysis. Please see bulk sampling results, Appendix C. 3.0 RESULTS OF INVESTIGATION The 9" x 9" vinyl floor tile and its associated mastic both proved to contain 2% Chrysotile asbestos. Approximately 1000 sf of the flooring material was observed. The materials are considered to be non - friable. Please see the bulk sampling summary, Appendix A. Agreement No. 4804 4.0 RECOMMENDATIONS When work is performed in the vicinity of an asbestos - containing material, the workers must be informed that the material contains asbestos. Removal of an asbestos - containing material must be performed by a licensed (Contractor's State License Board) and registered (Cal /OSHA) asbestos abatement contractor, under the supervision of a Cal /OSHA Certified Asbestos Consultant. All ACM (friable and non - friable) have the potential to release asbestos fibers into the air if they are disturbed or damaged. Building activities or events which could cause these materials to release asbestos fibers include, but are not limited to: maintenance activities, renovation work, water leaks, breakage or damage of the materials and disturbance activities (i.e., cutting or sanding). 5.0 CONFIDENTIALITY AND LIMITATIONS This report is prepared for the express use and benefit of The City of El Segundo and its agents and employees. The information in this report or portions thereof may be required to be included in notifications to employees, contractors or other visitors to the building. The Owner or its agents shall not use this report as a specification or work plan for any of the work suggested or recommended in the report. This report is based upon conditions and practices observed at the property and information made available to gja. This report does not propose to identify all hazards or unsafe practices, or to indicate that other hazards or unsafe practices do not exist at the premises. Additional suspect but un- sampled materials could be located between walls, in voids, or in other inaccessible areas; caution should be exercised regarding these areas. gja cannot warrant that these buildings do not contain asbestos in locations other than those noted in this report. gja will not discuss or disclose any information about our services to any third party without the Client's written consent unless otherwise required by law or by judicial or administrative order. gja's assessment of the risk of exposure to asbestos followed generally accepted protocols and is based on conditions at the time of the survey. gja is not responsible for changes in conditions or accepted protocols subsequent to our site visit. Agreement No. 4804 APPENDIX A BULK SAMPLING SUMMARY - ASBESTOS ND indicates "non- detected" for asbestos SAMPLE SAMPLING AREA ANALYTICAL NUMBERS MATERIAL Water Division RESULTS CI14029 Building 1 9" x 9" vinyl floor tile w/ Conference room 2% Chrysotile in tile; associated mastic 2% Chrysotile in mastic 9" x 9" vinyl floor tile w/ Office near men's Analyzed to the first 2 associated mastic restroom positive 9" x 9" vinyl floor tile w/ Office near men's Analyzed to the first 3 associated mastic restroom positive Agreement No. 4804 APPENDIX B LABORATORY REPORT - ASBESTOS Agreement No. 4804 Forensic Analytical Laboratories Final Report Bulk Asbestos Analysis (EPA Method 600/R -93 -116, Visual Area Estimation) Gale /Jordan Associates Client ID: 5105 Joanie Keiser Report Number: B190225 3858 Carson Street Date Received: 04/23/14 Suite 200 Date Analyzed: 04/23/14 Torrance, CA 90503 Date Printed: 04 /23/14 First Reported: 04/23/14 Job ID /Site: CI14029; 400 Limita Street, El Segundo, CA FALI Job ID: 5105 Total Samples Submitted: 3 Date(s) Collected: 04 /23/2014 Total Samples Analyzed: 1 Asbestos Percent in Asbestos Percent in Asbestos Percent in Sample ID Lab Number Type Layer Type Layer Type Layer 1 50859929 Layer: Beige Tile Chrysotile 2% Layer: Black Mastic Chrysotile 2% Layer: Wood ND Total Composite Values of Fibrous Components: Asbestos (2 %) Cellulose (15 %) 2 50859930 Comment: Sample not analyzed due to prior positive result in series. 3 50859931 Comment: Sample not analyzed due to prior positive result in series. Steven Takahashi, Laboratory Supervisor, Rancho Dominguez Laboratory Note: Limit of Quantification ('LOQ') = 1%. Trace' denotes the presence of asbestos below the LOQ. 'ND' = 'None Detected' Analytical results and reports are generated by Forensic Analytical Laboratories Inc. (FALI) at the request of and for the exclusive use of the person or entity (client) named on such report. Results, reports or copies of same will not be released by FALI to any third party without prior written request from client. This report applies only to the sample(s) tested. Supporting laboratory documentation is available upon request. This report must not be reproduced except in full, unless approved by FALL The client is solely responsible for the use and interpretation of test results and reports requested from FALI. Forensic Analytical Laboratories Inc. is not able to assess the degree of hazard resulting from materials analyzed. FALI reserves the right to dispose of all samples after a period of thirty (30) days, according to all state and federal guidelines, unless otherwise specified. All samples were received in acceptable condition unless otherwise noted. 1 of 1 2959 Pacific Commerce Drive, Rancho Dominguez, CA 90221 /Telephone: (310) 763 -2374 (888) 813 -9417 / Fax: (310) 763 -8684 Agreement No. 4804 F"eY L�.'o a I G .tom'_►_ 40 RIUSP Bale 1 Gordan associates inc, ENVIRONMENTAL MANAGEMENT SERVICES f /v/t Project Number I Yd LABORATORY SAMPLE ANALYSIS REQUEST Submitter Name 7) G �c� Date Submitted �� ! % TURNAROUND Client Name �.5, -6 GiN 6 e�> _ -- - -- .,Phone # Billing Address �I Site Address '%fl "_x nice a+ PCM / 12 kZ� 48 / 72 hr 4/5 day PLM: STANDARD POINT COUNT: 400 1000 TEM: BULK AIR 1'IVAC QUALITATIVE QUANTITATIVE AHERA Level I II NIOSR METALS: AAM AW A.AXURNACE ICP ANALYZE TO FIRST POSITIVE 3858 CARSON ST., 5urm 200 TORRANCE, CA. 90503 -6705 4 TEL. (310) 3164377 + FAX (310) 316 -4558 Agreement No. 4804 APPENDIX C SAMPLE LOCATION DIAGRAM ca C N N C9 N N .t O y .a <D a CD 3 co a rr N a� a Z C C I Agreement No. 4804 WW o 00 �� WW d� 00 -4 �R o eo miN i e A N � .b iAy O O � H+ A muuNM Nm Ni i .1 c p s� rr• d � O O I� ca C N N C9 N N .t O y .a <D a CD 3 co a rr N a� a Z C C I Agreement No. 4804 Agreement No. 4804 L South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 909 396.2000 INSTRUCTIONS FOR THE ASBESTOS - DEMOLITION NOTIFICATION FORM 11�� 1,11iului>Gsliii PROJECT TYPE: Check a project description. For annual notifications and progress reports check INalnnaed (Reno (annuals). NOTIFICATION TYPE: Check ORIGINAL. for first time notification. Check IRir:Mu:rION ILDrraES to change the START or END project schedule dates. REgl p OiNs are for updating information on Notifications in which the project END date has not expired. Revision of site location address rrs qu,ua'u "es an now nr�dficalkm, Check (:DAovc:E :clr, tTr:rc to cancel a prior notification. Use IRE- ViSur.eue rugs urlr IFa for Previously Nofifled and updating other information CONTRACTOR INFORMATION: Name and DBA as shown in the CSLB contractor license and company physical address - No ill /' , Aosu,,s Notifications should be filled and submitted by the contractor performing the actual asbestos removal or demolition. Provide the numbers for your California Contractor State License Board ((" l..lE), Cal /OSHA Registration (OSHA IREG), and AQMD identification (AQMD ff)). CSLB Abatement License and OSHA Registration are required to perform asbestos removal. The AQMD ID number is found in the contractor's District permits or invoices. Foil yr„uw r,onveiflence mail your nu:otiiuu at9 on ei do u'lict Iluand a�!�aury 10 AD'OD as 11u m is t! designated ,;Gaff tua~ua„It lAngllnutsacc::ycnu.0 q money, Q "a r°ep°@ n!','nd tcaiil alind II`tl; "ataul"�°s baffic urN d Muir'r lll,lt,gk'1n cuulanllriur Ruunau., gas usuurunu COMPLETED BY: Type the company business legal name and DBA as shown in the CSLB contractor license, name and phone number of the person completing the notification form, the date, check number, fee amount, and the contractor's project number (if any). SITE INFORMATION: Provide detailed information about the facility site location and /or building(s) where the asbestos removal or demolition is to occur, including a cross street. IDIE: S(:AIRME: WORK AND IL.00Alll by providing the specific work and areas within the facility or building. Examples: remove VAT from main lobby, demo Monroe Hall, remove mastic from kitchen of Bldg. #2. SITE OWNER: Name, address and phone number of the site legal owner, or authorized contact person if the site is owned by a company. PRESENT and PRIOR USE: Check the IPRESEN l and R[RR OR use of the facility. For all rental property check Coirrnlnrielrcial. Check House only for single family homes that are owner occupied and not being used as rental property. PROJECT DATES: The actual START and END dates and work shifts of the Asbestos Removal or Demolition project. This includes set -up, clean- up and clearance. Changes of project scheduled dates stated in (:DwturIML. or previous notifications require a IReeiuslisln to the previous notification. *BUILDING SIZE IN SQ FT: Provide the size of the building in square feet. For building DaalruuQ.ullotion, the fee is based on the building size. For refinery or chemical unit ILDemollitioin, the fee is based on the structure's footprint surface area. REQUIRED BUILDING INFORMATION: Check a `SEE or NO answer for each question. Asbestos Sury ups i nlmutu,ut'red prior to all renaavatlons and a°louriolido nn, Asbestos must be removed ;x lka ilr to any activity that may disturb it and l',mu uoli to Ay l., demolitions. ASBESTOS AMOUNT TO BE REMOVED: Enter the asbestos amount in square feet in the boxes labeled !:::ddbk e, Class II„ and Gass il, and add the row to calculate the *T0 "TAL AMOUNT of asbestos to be removed. Fee varies according to the total asbestos amount to be removed. "to convert linear feet to agUarae teat rndtiglly the factor 3.114 thneus the gliltue ntialnrneeterlr tGunesu the InNlne Ile ingth, all lira tact. ASBESTOS REMOVED FROM: Check St.11R A(aES, INRES and/or COMPONENTS to indicate from where the asbestos is to be removed. DESCRIBE TYPE(s) AND AMOUNTi OFASBESTOS: Enter the amounts) in square feet under each type of material(s) to be removed. ASBESTOS DETECTION PROCEDURES: Check the methods and procedures used to determine whether asbestos was present at the facility. CONTROLS: Check Procedure Number or combination thereof to describe the asbestos work practices and engineering controls. Procedure 1 is required for removing friable asbestos materials (i.e., acoustic, linoleum, stucco, etc.) Procedure 2 is for small - scale, short duration jobs using glovebag or mini - enclosures. Procedure 3 is for manual removal methods using adequate wetting with no power tools. Procedures 4 and 5 require prior written AQMD approval. Refer to Rule 1403 for specific procedural requirements. EMERGENCY REMOVAL: Give the name and phone number of the person authorizing the emergency. Explain the reason(s). For DEMOLITIONS state when and who removed the asbestos. Demolitions require Iims it f of q:uaiuua asbestos survey and removal, and the IitaliHutlionug &ze to calculate the notification fee. For partial demolitions provide the size of the area to be demolished in square feet. CONTINGENCY PLAN: Check the actions to be followed if unexpected asbestos is found or nonfriable asbestos is rendered friable. ORDERED DEMOLITIONS require a copy of the government agency legal notice ordering the demolition. Ordered II"temolitioins require proof of prior asbestos survey, asbestos removal and disposal; and /or prior enrltten approval from AQMD. See "IP"I,rt"n"t"t, „ouu "I,r ( a),(" � "q "tl6,,ull „o,d„q„fine. WASTE TRANSPORT: Name the companies transporting the asbestos and /or demolition waste to a landfill or any off -site storage. WASTE STORAGE SITE. Provide the temporary storage site address if the waste is not going directly to a landfill. LANDFILL: Name and address of the landfill where the asbestos and /or demolition waste will be sent. This includes demolition waste. CONTRACTOR CERTIFICATION: Use a "wet” signature to certify that contractor's workers have the required R1403(i)(3) and federal asbestos NESHAP training, and that the notification information is complete and accurate. Notll "lc uul`ions must be s lgnemh' tulr the contractor l:ul'; ?w °l°hrming the work, or its authorized company repru': i ;entnnthree" Keep three (3) copies of this Notification Form for your records, to post at the worksite, and to obtain a city demolition permit. See �',;p"ttll,,torinila, Heath and &.0 ely Codg,,,,19 27. � requiring that you provide a copy of this demolition notification form to Building and Safety before issuance of a . ....�._...., "Q,,.. demolition permit. This law does not require proof of receival or approval by AQMD. Mail the signed original notification form, fee and any attachments to Sr, AQMD, X &113 : M'OS Irll,:l l.11l iu A I iON # 55641, LOS AAG 9 ES, CA 900"74 56741, Mailing saves time, money, gasoline, and reduces traffic, energy use and air pollution. Los Angeles City, Palm Springs Fire Department, and Cal -OSHA require a separate Notification. For questions call the asbestos P k °i l UNE rut909 ..396 ..233 . Notification Fort-n., instructions, and IRuile 11403 can be found at �tnCttlivtyhtl *ggnuel sAgy(rAning�ly�ntrAtt rtq��rmgb�y %A)uafµlnlu,l „ul' Rule 1403 and NESHAP Asbestos Notification Form Instruction Sheet Page 1 oft (SV1403 instructions 2013 rev Apr 17) Agreement No. 4804 ASBESTOWDEMOLITION RULE 1403 - GENERAL INFORMATION SURVEY REQUIREMENT: Asbestos surveys are required prior to any renovation or demolition. Asbestos must be removed prior to renovation activities that may disturb the asbestos containing materials. All asbestos must be removed prior to building demolition. NOTIFICATION REQUIREMENTS: Postmark notifications '14 calondaar days prior to starting any asbestos removal of 100 square feet or greater or aung demolition. Notifications shall be filled, signed, paid, submitted and fax/mailed by the contractor performing the removal and/or demolition job. Notifications without signatures) require a revision. Renovations without asbestos do not require notification. FEE REQUIREMENT: .R"u" ...��.1.(o) requires all notifications to be submitted with appropriate fees. Fees are per notification and are not refundable. Notifications submitted without appropriate fees may be returned, deemed incomplete, and referred to the compliance unit for follow -up. Projects conducted without a valid notification are subject to local and federal enforcement. Cancellation of notifications and asbestos removal projects less than 100 square feet are exempt from fees - other requirements may apply. REVISIONS TO THE NOTIFICATION: Update the notifications as necessary and explain the reason for the revision. For Revision Amount notifications state the amount in the previous notification. The Revision Amount fee is the difference between the new Project Size Fee category and the Original Project Size Fee category. Revisions increasing the asbestos amount or demolition size but remaining in the same amount/size category stated in a previous notifications) requires only a revision fee. Increase in amount/size category requires a revision fee and a fee for the difference in amount between the new Project Size Fee Category and the original Project Size category. Fees are per notification and multiple service charge fees may apply. INotific utsoirs expiuri on the I'ir:nje; l ..,r°.dreduki II nd i)awte ail r:aaivii nt IC�ne iievised afteii the expiiied II'illnii I Date, FAX REQUIREMENT: All ReVisioirns, Emergencies, Ordered Dervnofllit'uorns, IProceduire 4 & 5 Rarus, and Carncdiatiorns require initial tsriii'i,g to 909 ..496 33,4' and mailing the original notification and fee within 48 hours of sending this fax. Faxed notifications do not replace the Original signed notification required by local and federal law. MAILING REQUIREMENT: Postmark/Mail the notification and fee to SCAi;(i"v D, A&::tV M:u,1 OS Ig01 ll'° Il A 9 0''4t3, i "I..A ( 5 &34 11, 9 OS ANc',CP@ ES t;'A 900"7'4-564 °fl . Mailing saves time, money and reduces traffic and air pollution. Cancellations do not require mail follow -up. EMERGENCY NOTIFICATIONS require email to aSbqgq ,p1y1_4,,p,,p r itflrlu sn raaatr lmgrq (a rlrrn r g or faxing to 909 39 3342. An IErnergeirncy Nofificatliorn is to expedite asbestos removals due to unsafe conditions, breakdowns, flood, earthquake, fire, and site contamination. All Emergency Nofificatliorns regg fi'ry ra tormal Etter from the pe morn conha ning or uu en y urrdhorimirng the er nrr lurncy, For emergency site de- contamination to clean- up disturbed asbestos fax a Procedure 5 Plan for prior written AQMD approval. DEMOLITIONS require 4 PRIOR steps 1- Asbestos Survey, 2- Asbestos Removal, 3 -AQMD Notification, and 4-B&$ demolition permit. ALL demolitions require a notification by the contractor /operator performing the demolition. Demolitions without prior asbestos removal require prior written approval from AQMD (See II:Irocedure 5 i °pNairn Guar °idek ne). Demolition is defined as the wrecking or taking out of a load- supporting structural member of a facility or the intentional burning of a structure. Dismantling of partitions and installation of windows and doors through load- supporting walls without asbestos is exempt from notification. FIRE TRAINING DEMOLITION: Training burns require the 4 PRIOR steps listed above plus 2 more steps: Step 5-call the Rule �44 "tal°andng� bum nodfioal`ion" to SCAWD at 800-442A847 the da y Il!x°flor to Luuru°u�rig, and Step 6- perform the training bum on a bum day. Fire departments are responsible for obtaining and submitting to AQMD all documented proof that rti A steps were followed, phoning AQMD the Rule 444" notification the day prior to the training burn, and coordinating with the demolition contractor to clean the site right after the training burn is completed. ORDERED DEMOLITIONS; Fax a copy of government agency legal notice ordering the demolition and /or Building and Safety " °e ^d tag" RENOVATION is the removal, stripping, or altering of asbestos containing materials, and/or any activity involving the associated disturbance of asbestos in a facility. Renovations require an asbestos survey and asbestos removal prior to any activity that may disturb asbestos containing materials. Building remodeling or renovations without asbestos do not require notification. See Suu,K;y y; ,qUJ irneuuts PROCEDURE 415 PLANS: Procedure 4 Plans are for dry removals. Procedure 5 Plans are required for cleaning asbestos disturbances, site decontaminations, excavations, and demolitions with asbestos. These plans r"rugrrav prior evaluation and approval by AQMD. To obtain approval fax the survey report, the plan, and the notification to 909 - 396 -3342 attention Asbestos Supervisor. Foir° after Ih °urruau1 °,r fax and leave a message at 1- 800-CUTSMOG for the asbestos supervisor. Within 48 hrs of Plan approval, postmark the hard copies of the plan, notification, and fees. For Del without prior asbestos removal submit a Procedure 5 Plan for briar written AQu Alf:: °u arLll :vova„ . PLANNED RENOVATION NOTIFICATIONS (PRN): There are two types of PRN - Nonscheduled Asbestos Removals (aka Annual Notification postmarked by each December 17) are individual projects of less than 100 sq ft, that when you add all these projects together performed during a calendar year, the combined amount of asbestos to be removed from a facility exceeds the removal threshold limit (100 sq ft) during a calendar year. The second PRN type is to notify for a series of Scheduled Asbestos Removals projects within a large facility, where each project is greater than 100 sq ft. These notifications require an attachment listing each individual project planned within the facility detailing the work locations/areas/buildings involved including its sizes, floors, ages and uses, the amounts and types of asbestos at each location /area/building, each project scheduled dates and asbestos types and amounts. Any project schedule change requires a Revision. Any individual removal job (whether it is scheduled or nonscheduled) greater than 100 sq ft requires an individual notification. All Rule 1403 requirements apply regardless of the size of the asbestos removal project. Keep three (3) copies of this Notification Form for your records, to post at the worksite, and to obtain a city demolition permit. See alfoir�nila j.jggQ�;D.,.gp..,,. qty Code 19887.5 requiring that you provide a copy of this demolition notification form to Building and Safety before issuance of a demolition permit. This law does not require proof of receival or approval by AQMD. Mail the signed original notification form, fee and any attachments to SCAnwuJl`A),, A13AU'C'S' 1`(XS bD..0 "'D "I11l :'1CAf (11NS, P II ii # 5 641 1 i..i.,nS Atil AEI ES, GA 900 "tit 564'9 Mailing saves time, money, gasoline, and reduces traffic, energy use and air pollution. Los Angeles City, Palm Springs Fire Department, and Cal -OSHA require a separate Notification. For questions call the asbestos 9 00 L.IIItfl!i, at 909- 3961- 2,126. Notification Foiirg,, instructions, and RuuLe 1403 can be found at trt uwl /a�ww �tttilld! "ugarn sly a�gDa4t� �� sirgq(ra� Il�trawrp Rule 1403 and NESHAP Asbestos Notification Form Instruction Sheet Page 2 oft (SV1403 instructions 2013 rev Apr 17) Agreement No. 4804 South Coast Air Quality Management District ( .a md,,9ov) Mail Form and Fee To: 21865 Copley Drive, Diamond Bar, CA 91765 -4182 Phone: (909)396 -2336 SCAQMD Rule 7403 Form Asbestos Notification File # 55641 LN Notification of Demolition or Asbestos Removal Los Angeles, CA 90074 5641 Lt nor Fax these type of Notification Forms to (909)396-3342' and mail the originals within 48 hrs DEMOLITION DEMOLITION ASBESTOSREMOVAL PLANNEDRENO 1PROCEDURE4PLAN 1PROCEDURE5PLAN prof EMERGENCY ORDERED Project Type (Fie fining) ( afion) (Annual) Cl r Urgency Notification Type ORIGINAL I CANCELLATION 1 REVISION AMOUNT r REVISION DATES I REVISION OTHER Explain revision amount and other (includes previously notilteu I) Contractor Information: Notifications should be submitted by the contractor performing the project CSLB License Cal. OSHA REG AQMD ® CHECK FEE DATE PROJECT # Company Name List Site Supery sor(s) Phone Address City State Zip Completed by Phone Site Information: Copies of this notification and the CAC asbestos survey report must be kept at the worksite during this project Site Name Site Address Cross Street Site City State Zip County Site Owner Contact Phone OwnerAddress City State Zip Describe Work Describe Work Location (s) Project Start Date Project End Date Project Work Shiti Day 0 Swing 0 Night 0 ZBUILDING SIZE in sq ft Numberof Floors Building Age (Yeas) Number of Buildings or Dwelling Units Building Prior/ SCHOOL HOSPITAL CONDO/APT PUBLIC BLDG. INDUSTRIAL COMMERCIAL OFFICE UNI /COLLEGE HOUSE SHIP OTHER Present use ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Required Building Information ASBESTOS SURVEY? ASBESTOSFOUND? ASBESTOS REMOVED? BUILDING TO BE DEMOLISHED? YES 0 NO 0 YES 0 NO 0 YES 0 NO 0 YES 0 NO 0 Asbestos Information: Do not provide this information in demolition notifications, see pg 2 Asbestos Amount to be Removed FRIABLE CLASS I CLASS II 'TOTAL in sq ft AMOUNT 0.00 AmountofEach ACOUSTICCEILING LINOLEUM INSULATION FIREPROOFING DUCTING STUCCO MASTIC FLOOR TILES (VAT) Type of Asbestos in sq ft DRYWALL PLASTER TRANSITE ROOFING OTHER PLEASE DESCRIBE OTHER TYPE OF ASBESTOS: Asbestos Removal From SURFACES ❑ PIPES ❑ COMPONENTS ❑ Asbestos Detection Procedures: Check the procedures and analytical methods used to determine the presence of asbestos in the building. See tiat,yL,,(csrt SURVEY ❑ BULK SAMPLING ❑ INSPECTION ❑ CAC ASSUMED AS ASBESTOS -PACM ❑ PLM ❑ PCM ❑ TEM ❑ Controls: Check the combination of Rule 1403 procedures used to control asbestos emissions. (Procedure 4 and 5 submit plans for AQMD prior approval) PROCEDURE NUMBER 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 ❑ Emergency Asbestos Removal: Check the sudden unexpected event and attach a letter from the person affected by the emergency explaining how this event caused unsafe conditions, equipment damage or unreasonable financial burden. For disturbed /damaged asbestos materials see .............................................................. 5 dnie, n,,, FIRE FLOOD WATER DAMAGE EARTHQUAKE NUISANCE VANDALISM HEALTHISAFETY FINANCIAL BURDEN EQUIPMENT DAMAGE OTHER ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Name of Person Declaring/ Date of Hour of Authorizing the Emergency Phone Emergency Emergency ACI MD USE ONLY: SCREENED BY RECENED POSTMARKED ENTERED BY NOTIRCATION # ' Fees are per Notification and vary according to the 'TOTAL AMOUNT of asbestos removed or the demolition 'BUILDING SIZE © South Coast Air Quality Management District, Notification of Demolition or Asbestos Removal Form (2014.07) Page 1 of 2 Agreement No. 4804 South Coast Air Quality Management District E.a d. ov) Mail Form and Fee To: 21865 Copley Drive, Diamond Bar, CA 91765 -4182 Phone: (909)396 -2336 SCAM Rule 1403 Form Asbestos Notification File # 55641 Notification of Demolition or Asbestos Removal Los Angeles, CA 90074 -5641 I�P e Demolition Information: All asbestos containing materials must be removed prior to any demolition activity Asbestos Removal Company Name Date of Asbestos Removal Check work practices to prevent, suppress and contain dust, and dust controls to be use at the demolition site SPRAY WATER EXIT GRATES TARP TR�U— C°�KS/BINS FENCES— CgREENS STONE TRUCK PADS TIRE WASHING SOIL STrABILIZERS OTHER El El Contingency Demolition Plan: Check actions to be followed if unexpected asbestos is found during demolition or asbestos material becomes disturbed, crum- bled, pulverized or reduced to powder. Disturbed /Damaged ACM requires a Procedure 5 Plan Approval prior to clean -up ( See Flag czar 5QAk,*P z1 STOP WORK NOTIFY OWNER SECURE STABILIZE POST SIGNS ISOLATE WORKAREA SURVEY CHARACTERIZE WASTE OTHER ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ Ordered Demolition: Attach a copy of the agency order Agency Name Phone Date of Order Authodzing Person Title Date Ordered to Begin Waste Information WASTE TRANSPORTER # 1 WASTE STORAGE SITE Address Address City State Zrp City State Op WASTE TRANSPORTER #2 LANDFILL Address Address City State Zip City State Zlp Contractor Certification: All contractors or owner /operator submitting this notification must sign this form I c r* that an individual trained in the provisions of regulations AQMD Rub 1403 and the fteloas IVE -SHAD itle ll CIR Pal 11m auk • t 14 Cv it be on s'de during the demolition o renovation and evidence that the required training has been accomplished by this person Wl be available for inspection during normal business hours. I hereby certify that all of the information contained herein and infomlation submitted wtlh this notification is true and correct Company Name Title of owneri/Operator Print Name of Owner /Operator Signature of Ownernperator Data Notification Fee: No notifications shall be considered received pursuant to ,L 1.�u unless its accompanied by the required payment au 3( )1, , Table VI). Please make check payable to " SCAQMD". Fees are per notification and vary according to the'TOTAL AMOUNT of asbestos removed orthe demolition 'BUILDING SIZE. The Revision Amount fee is the difference between the new Project Size Fee category and the original Project Size Fee category (See Ege..IDfQ gL Rac�La.) Project Sae Fee: Fee Based on Project Size (sq ft) Additional Fees Additional Fee: 1,000 or less ----- •- •- - - - - -- - - - - - -- $ 57.18 Special Handling Fee------ - --- -- $ 57.18 Total Fee Due: 1,001 to 5,000 --------- - - - - -- $ 174.83 Revision to Notification---- - - - - -- $ 57.18 5,001 to 10,000 - - - - - -- - -- $ 409.26 Returned Check Fee---- - - - - -- $ 25.00 10,001 to 50,000--- - - - - -- $ 641.73 Planned Renovation---- - - - - -- $ 641.73 50,001 to 100,000 — - - -- — $ 930.03 Procedure 4 or 5 Plan--- - - - - -- $ 641.73 100,001 or more — -- - -- -- $ 1,550.04 ❑ Expedited 4 or 5 Plan--- - - - - -- $ 320.86 Attention Keep Three (3) Copies of This Notification Form foyourrecords, to post attheworksfte, and to obtain a city demolition permit See aafl l {a P Peekh ard,5af 196175 flat requires that you provide a copy of the demolition notification to Building and Safety before issuance of a demolition permit For questions call 909 96 -2336. Forms, instuctions and Rib 1403 can be obtained from the AQMD website at La (far aornd rT�v. Please mail this sig ned oiginal notification form, fee, and any attachments to SCAQMD Asbestos Notifi- cation File # 55641 Los Angeles, CA 90074 -5641. Mating saves time, money and reduces traffic and air poNution. Project # © South Coast Air Quality Management District, Notification of Demolition or Asbestos Removal Form (2014.07) Page 2 of 2 Agreement No. 4804 EXHIBIT B Agreement No. 4804 BID SCHEDULE WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13-21 AUGUST 26, 2014 Company Name: .v._ �j t r ..2-1- Address: 2/.,/ &,,- _ (-;_.) '�i �,/ - City/State/Zip-, :52- 114/1--51- Designated Contact, Email: Phone#: Cell Phone *: 350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300 NIT ITEM NO. ESTIMATED DESCRIPTION PRICE IN TOTAL _2KANTITIES FIGURES 1 Lump Sum Mobilization and demobilization (should not exceed 5% of entire bid) Provide and furnish all labor, materials, tools, equipment and services necessary to remove and 2 1 Lump Sum replace existing Water Division carpet and non-structural wall in accordance with the Contract plans and specifications Removal of the the and subflooring 3 1 Lump Sum as necessary for the installation of new file to be installed by others. TOTAL BASE BID (In Figures) TOTAL BASE BID (In Words) 350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300 Agreement No. 4804 ALTERNATE BID SCHEDULE 350 Main Street, E! Segundo, CA 90245 -3813 (310) 524 -2300 Agreement No. 4804 October 6, 2014 City of El Segundo 350 Main Street El Segundo, CA 90245 Attn. Public Works Department RE: Project Number: PW 13 -21 CC Layne bid document correction Public Works, This letter is in reference to bid for Water Division Carpet Removal and Replacement PW 13 -21 dated August 26, 2014. CC Layne & Sons mistakenly included in the base bid the alternate add bid for the VCT the work in the kitchenette area. The corrected base bid is identified on the attached corrected bid form. We sincerely apologize for the error. Thank you for you consideration for letting us correct our mistake. Respectfully yours, 01, A� Craig Lyyne President Agreement No. 4804 BID SCHEDULE WATER DIVISION CARPET REMOVAL AND REPLACEMENT PROJECT NO.: PW 13 -21 AUGUST 26, 2014 Company Name: Address: L� 3!c f►^x l'� ST�L' f- l City /State/Zip: 3 L, S, rZ Z Designated Contact: ')..8 Email: Phone #: 3/0312017Y Ce one #: (L1 -_Jd TOTAL BASE BID (In Figures) TOTAL BASE BID (In W6rds) 6�z ALTERNATE BID SCHEDULE I -C -3 UNIT ITEM NO. ESTIMATED DESCRIPTION PRICE IN TOTAL UANTITIES FIGURES 1 1 Lump Sum Mobilization and demobilization c (should not exceed 5 % of entire bid) Provide and furnish all labor, materials, tools, equipment and services necessary to remove and 2 1 Lump Sum replace existing Water Division y carpet and non - structural wall in accordance with the Contract plans and specifications Removal of the tile and subflooring 3 1 Lump Sum as necessary for the installation of e, f 7 I new tile to be installed by others. TOTAL BASE BID (In Figures) TOTAL BASE BID (In W6rds) 6�z ALTERNATE BID SCHEDULE I -C -3 Agreement No. 4804 WATER DIVISION CARPET REMOVAL AND REPLACEMENT UNIT ITEM NO. ESTIMATED DESCRIPTION PRICE IN TOTAL UANTITIES FIGURES Provide and furnish all labor, materials, tools, equipment and services necessary to install tile in the Al 1 Lump Sum kitchenette area in accordance with the contract plans and specifications. Coordinate with City staff for staff to provide the tile to be installed. I -C -4 Agreement No. 4804 BID SCHERKLE, PERLA-CED& 34T PROJECT NO.: PW 13-21 AUGUST 26,2014 Company Name: Address: City/State/Zip: 21 Designated Contact: Email: Cell Phone It: Phone #:... " ' "'" TOTAL BASE BID (In Figures) UNIT ITEM NO. ESTIMATED DESC PRICE tN TOTAL o' 0 U A NTM' PS 'E FIGURES 1 1 Lump Sum Mobilization and demobilization (should not exceed 5% of entire bid) Provide and furnish all labor, . . ...... .... ....... I materials, tools, equipment and services necessary to remove and 2 I Lump Sum replace existing Water Division carpet and non -s tructural wall in accordance with the Contract plans and specifications Removal of the the and subflooring 3 1 Lump Sum as necessary for the installation of ? new tile to be installed by others. TOTAL BASE BID (In Figures) o' 'E TOTAL BASE BID (In Words) 350 Main Street, El Segundo, CA 90245-3813 (310) 524-2300 Agreement No. 4804 F414 WATER DIVISION CARPET REMOVAL AND REPLACEMENT U NIT ITEM NO. ESTIMATED DESCRIPTION PRICE IN TA TOTAL] !L FIGURMS . . ........ Provide and furnish all labor, materials, tools, equipment and services necessary to install tile in the Al I Lump Sum kitchenette area in accordance with the contract plans and specifications. Coordinate with City staff fors to provide e the to be installed. Agreement No. 4804 EXHIBIT C February 26, 2013 Mr. Richard Hogate CITY OF EL SEGUNDO 350 Main Street El Segundo, Ca 90245 -3813 RE: Water Division 400 Lomita Street El Segundo, Ca REVISED Pricing for this proposal is based upon Shaw Contract National Joint Powers Alliance (NJPA) Contract 4022712 -SII. Furnish and install all necessary labor and materials to accomplish the following scope of work: UPSTAIRS OFFICES OF WATER DIVISION: Materials — 1. 197 sq yds 37 Boxes Shaw Contract "#59250 Stereo" 2'x2' carpet tiles. Color - #50800 Chinese Red @ $ 31.90 2. 10.67 sq yds (5% Attic Stock) @ $ 31.90 3. (3) Pails Shaw Subset 5100 Carpet Tile Adhesive @ $ 92.00 4. 360 LF Johnsonite 4" topset base, color #132 Expresso @ $ .80 Sales Tax Freight Labor — 1. Customer to move and replace all furniture. 2. Take up and dispose of existing glue down carpet. 3. Install carpet tiles wall to wall by direct glue down. 4. Install rubber base around the walls. 5. Perform all work during normal working hours. 6. All work performed on the prevailing wage. TOTAL AMOUNT OF BID Inclusions: All applicable taxes and freight. Prevailing wage labor. Exclusions: Overtime labor, furniture moving, unknown/unforeseen major floor preparation (no sanding, grinding, floating, leveling, etc.). UNIVERSAL METRO, INC. Buz Greene Accepted_ Dated $ 6,284.00 $ 340.37 $ 276.00 $ 288.00 $ 629.00 $ 482.63 $ 2,109.00 S 10,409.00 Agreement No. 4804 Universal Metro, Inc. mt 6P' �aa � rim I i 1? S k1 N G l Hf 2 'M4§4 FAX 5 40 0