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CONTRACT 4361 CLOSEDContract No. PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND BEST CONTRATING SERVICES, INC. This CONTRACT is entered into this 20TH day of November, 2012, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City") and BEST CONTRACTING SERVICES, INC. ( "the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.; B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be fumished 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 SEVEN THOUSAND NINE HUNDRED FIFTY dollars ($7,950.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within 15 working days (the "Contract Time. ") Page 1 of f< 1 « j 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 will not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own 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. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 6. 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. 7. 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. 8. INDEMNIFICATION. The Contractor agrees to indemnify 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. 9. 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 Page 2 of 5 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. 10. 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. 11. 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 Administrative Services Captain City of El Segundo Police Department 348 Main Street El Segundo, CA 90245 Fax: (310) 640 -8648 The Contractor Gregory Allan Davis BEST Contracting Svc Inc 19027 S. Hamilton Ave Gardena, CA 90248 Fax: (310) 217 -8938 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. 12. 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. 13. 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. 14. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: Page 3 of 5 4 3, 6 1 . -1 , J io& I if A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 15.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. 16.AUTHORITYIMODIFICATION. 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. 17.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. 18.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. 19. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. [Signatures on next page] Page 4 of 5 4361 .gfg IN WITNESS WHEREOF the perfin hrrdo hew executed M oorNract the dry and yew fl rd d hemkm6m carmen. ATTEST., Taxpsyer 10 No, 95. 3794208 BY Page 6 of 5 V x M VICE PRESIDENT 4361 .q Mil 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, orcombination 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. Page 1 0138 (N-101d Hard Ddve\Contract9Tub11c Works Contractsl0eneral ProvIslons - PWD 2011 ES.doc] MAO, , VICE PKSIDEW December 11, 2012 4 3 6 1 . 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) S ale 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 APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers Page 2 of 38 [NAO]d Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436 1 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 bythe 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. 2 -3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent of the prime Page 3 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PW D 2011 ES.doc] December 11, 2012 ® 0. 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 proper licensure is on the licensee. Page 4 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436 1.11_" . 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: 1, 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. 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 Page 5 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PW D 2011 ES.doc] December 11, 2012 4361.x', 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 maybe 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 Page 6 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 The following subsection is added to Subsection 2 -8 of the Green Book. 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 Page 7 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436 � Subsection 3 -3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3 -3.2.3 MARKUP Subsection 3- 3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor ....... ............................... 20 2) Materials..... , ............................15 3) Equipment Rental ................... 15 4) Other Items and Expenditures 15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) will be applied to the 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 Page 8 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4361 compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3 -4 CHANGED CONDITIONS Subsection 3 -4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ( "changed conditions "), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6 -11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6 -11.3, the Contractor is liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions include, without limitation, the following: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be 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. Page 9 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4361, 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy. 3. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City. 3 -5 DISPUTED WORK Subsection 3 -5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these 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 Page 10 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436 1 • Es j contract documents. The City does not provide full time inspection. The Contractor will provide 24 -hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the City Engineer. Any inspection required outside of normal working hours and days, including holidays, will be at the Contractor's cost at rates established by the City. 4 -1.3.2 INSPECTION OF MATERIALS NOT PRODUCED LOCALLY Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor. 4 -1.6 TRADE NAMES OR EQUALS Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words "or equal ". For the City's consideration of a proposed "equal" item, the Bidder 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: • 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. Page 11 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.docl December 11, 2012 4361 'E • Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days before the date of the bid opening. Failure to submit all required documentation and /or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. 5 -2 PROTECTION The following subsection is added to Subsection 5 -2 of the 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. Page 12 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436' .4" The following subsection is added to Subsection 5 -5 of the Green Book. 5 -5.1 CALCULATING IDLE TIME Equipment idle time will calculated in accordance with Subsection 3- 3.2.2(c) and based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3- 3.2.2(a). 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Section 6 -1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pre - Construction 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: 1.. Schedules must be suitable for monitoring progress of the Work. 2.. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. Page 13 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 36'•, 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6 -1.3 EFFECT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. 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 Page 14 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4 3 6 1` t.d y been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6 -1.4 COMMENCEMENT OF CONTRACT TIME The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of fifteen (15) days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 6 -4 DEFAULT BY CONTRACTOR The language in subsection 6 -4 is deleted in its entirety and replaced with the following subsections. 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 Page 15 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436 i combination of, the following: Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 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. Page 16 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 6 -6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications. Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time. The City will not grant an extension of time for a delay by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and accepted construction schedule. Should delays be caused by events other than those included herein, the Engineer may, but is not required to, deem an extension of time to be in the City's best interests. 6 -6.2 EXTENSIONS OF TIME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 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 Page 17 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 .) b 1. give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6.72 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. Page 18 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4 3 6 1 . j if All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 6 -8.1 GENERAL GUARANTY The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom, which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 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 Page 19 of 38 [N: \Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4361 ® -4� other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees. "Claim" does not mean, and the Claims procedures herein do not apply, to the following: 1. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3.. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4. Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6 -11.2 FORM A Claim must include the following: 1. A statement that it is a Claim and a request for a decision. 2. A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim. 3. If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. Page 20 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4361 b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred. c) To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents.: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor's entitlement to a time extension. 7.. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. 8. A personal certification from the Contractor that reads as follows: "I, , BEING THE (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE Page 21 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES." 6 -11.3 CLAIMS SUBMITTED TO ENGINEER Within 30 days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Engineer, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6 -11.4 CLAIM IS PREREQUISITE TO OTHER REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6 -11.5 DECISION ON CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence 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. Page 22 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4361 �a The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 30 days of the date of this decision, the decision will be come final and binding and not subject to further appeal." 6 -11.6 APPEAL OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision, then the Contractor must appeal that decision to the City's Public Works Director within 30 days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 days of the City's final decision. 6 -11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non - binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association ( "AAA ") under its Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. 6 -11.8 ARBITRATION If the City and Contractor do not agree to mediation, then a disputes will be Page 23 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4361.,, submitted to neutral non - binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit. 6 -11.9 WHEN ARBITRATION DECISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6 -11.10 APPEAL TO SUPERIOR 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. Page 24 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4 %, 7 -2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703 -4774. Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or c) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state -wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one 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 Page 25 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.docj December 11, 2012 4361•:.�� requirements may be obtained from the Director of Industrial Relations, ex- officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7 -2.4 RECORD OF WAGES PAID: INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City, the Contractor will provide copies of the records at its cost. 7 -3 LIABILITY INSURANCE Subsection 7 -3, Liability Insurance, of the 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 ISO FORM Comprehensive General Liability GL 00 02 01 85 or 88 Business Auto CA 00 01 01 87 Workers' Compensation 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: Page 26 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \Genoral Provisions - PWD 2011 ES.doc] December 11, 2012 4361 . j- 4 GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. 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 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. Page 27 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 43bI•:�� All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self- insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self- insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate /endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6 -10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6 -10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional 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. Page 28 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4 3 6 ) . ,. 1.1 do 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. 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 Page 29 of 38 [NAO]d Hard Drive \Contracts \Public Works Contracts \General Provisions - PW D 2011 ES.doc] December 11, 2012 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 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 Page 30 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 43 6 1 -.. This section is supplemented by the addition of the following requirements which establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete /asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the CONTRACTOR. (c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub -grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. (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. Page 31 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 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. 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 Page 32 of 38 [N:\Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 ®" (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). 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 fortemporary 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 Page 33 of 38 [N: \Old Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4 3 6 1 • j i&4 protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7 -15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the 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 Page 34 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436 7 4 jCA 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 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 Page 35 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 436 1 . ;j.. 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 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 forthe 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 Page 36 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 9 -3.3 DELIVERED MATERIALS Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments. 100 -1 TERMINATION OF AGENCY LIABILITY Before receiving final payment, the Contractor will execute a Release on Contract" form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9 -3 of the Special Provisions and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. Page 37 of 38 [NAOld Hard Drive \Contracts \Public Works Contracts \General Provisions - PWD 2011 ES.doc] December 11, 2012 4361 . 4 Contractor's License Number 456263 SERVICE WORK PROPOSAL Page 1 of 6 Date: November 7, 2012 Subject: Roof Repairs Ref: WO #2681 Proposal #: 628 Proposal For: Lieutenant Scott Doukakis Proposal No: 628 Company: El Segundo Police Station Phone: (310)524 -2226 Address: 348 Main Street Fax: () El Segundo, CA 90245 Project: ..... WO #2681 Email: _....._.....-1 soukakis@elseg> Police Station El Segundo ndo.org Project Address: ............................ 348 Main Street, El Segundo, CA 90245 ............................ Price: �.................._ .._ ............... $7,950.00 Investigation findings: A controlled water test was performed at the reported leak areas over the main entrance door west side of building, near center of building, east side of building and north side of building. We also performed a controlled water test at the roof drains, parapet walls, equipment screen supports, roof top penetrations, HVAC units and general roof area. The controlled water test and leak investigation on the roof was completed on the El Segundo Police Department main roof new addition roof areas for this section of roof are approximately 5,976 square feet. There were several areas of water intrusion identified during the investigation; we found open seams at the metal edge on the North side of the A/C platform approximately 150 lineal feet. We found the existing expansion joint with open seams and aging sealants allowing water intrusion above the reported leak areas. We found metal edge detail along the stair way with open seams approximately 65 lineal feet. There were also numerous locations at roof penetrations, curbs and drain sump boxes with aging sealants and open corners. The overall condition of the gravel surfaced Built -up (BUR) system is in fair condition and with some minor roof repairs and maintenance the roof expectancy should be 3 to 5 years. The recommended scope of work is listed below for your review and consideration. SCOPE OF WORK: • Remove all loose debris from roof and roof drains areas and dispose of offsite. • Prep and clean areas of repairs by spudding the existing gravel on the north side of A/C platform, then cutting back membrane approximately 2'x150 lineal feet. Removing the existing aging sealants on the parapet wall joints, base flashing's and drain sump boxes then priming and let dry. 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW.nIE,°v, iOTS�d'RAC,1CVPJGyCom BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) Contractor's License Number 456263 Page 2 of 6 Date: November 7, 2012 Ref: WO #2681 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 • Remove the existing clamping rings and prep and clean area approximately 3'x 3' in the field membrane around drain bowls to complete long term repairs. • Remove loose and fixed sealant to cold joints located on topsides of precast wall joints .furnish and install closed cell foam backer rod and apply polyurethane sealant • Reseal using a 3- course method to edge metal at stair way using a one part Alsan Flashing and a poly fleece approximately 65 lineal feet. • Furnish and install new EPDM membrane to approximately 60 lineal feet at the existing expansion joint above the reported leak areas. • Furnish and install new surface mount counter flashing to approximately 65 lineal feet of base flashings then seal using a urethane sealant. • Remove all debris accumulated from roof repairs and dispose of off site. INCLUSIONS: • Labor, (Prevailing Wages /Certified Payroll) material, equipment and supervision, including all applicable taxes required completing the project. EXCLUSIONS: 1. Drains, scuppers and crickets 2. All carpentry, electrical, HVAC - mechanical and plumbing 3. All sheet metal work and metal roofing 4. Deck preparation: (Tear -off, repair and replacement) 5. Asbestos abatement 6. Protection of completed roofing from construction traffic 7. All other work not specifically stated under the Scope of Work above NOTES: 1. Validity 30 days from date of proposal. 2. Prices are based on one continuous project. Should the project be interrupted at the clients instruction, there will be a charge o£ $1,250.00 /per each additional move -in. 3. Proposal price is based on executing this BEST Contracting Services, Inc. proposal, Terms and Conditions. Your acceptance of this proposal may be made by signing this proposal. 4. Under no circumstance will this proposal be performed under a client's Subcontract Agreement. 5. A copy of Best's Certificate of Insurance to complete the job will be issued covering General Liability, Auto, and Workman's Compensation. We will not provide Additional Insured Certificates for Service related work. 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: b" �WW.IIIEST'CON'I'R C'1FllP G,(.'Om BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) — ...golly t;onr-- Contractor's License Number 456263 Page 3 of 6 Date: November 7, 2012 Ref: WO #2681 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 6. Upon receipt of our signed proposal (signed by an agent authorized to bind Contracts on behalf of your firm), or receipt of your Purchase Order, we will schedule the described work to be started. PAYMENT TERMS: INVOICE IS PAYABLE UPON RECEIPT. • Absolutely no retention is to be withheld from the contract price of this Service Order proposal. • All unpaid amounts will accrue interest at the annual rate of 10 %. We appreciate the opportunity to submit this bid and look forward to working with you towards the successful completion of your project. Should you have any questions, please don't hesitate to contact me at: (310) 328 -6969 — Ext. 230 Respectfully Submitted: Mr. Gregory Allen Davis, Asst Service Mgr/Project Mgr BEST Contracting Services, Inc. 19027 S HAMILTON AvE, GARDENA, CA 90248 u 'ML: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW .BESTCON7.R,`wC'IING "s.C'om BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) 45 Page 4of6 Date: November 7, 2012 Ref: WO #2681 Price: $7,950.00 SPECIAL NOTE: SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 The construction industry is currently experiencing rapidly escalating prices and material availability problems relating to isocyanurate insulation, steel construction and asphalt -based roofing products. The availability and pricing of isocyanurate, steel and some roofing products is currently subject to sudden significant change beyond the control of the construction contractors. Because of the difficulty in obtaining f rm prices for isocyanurate, steel and petroleum -based products from its' suppliers, BEST Contracting Services, Inc. cannot provide fixed, firm prices for isocyanurate and steel products for future projects. If there is an increase in the price of isocyanurate, steel or petroleum -based products charged to BR subsequent to making this proposal /contract, the price set forth in this proposal/ contract shall be increased to reflect the additional cost to BEST Contracting Services, Inc. upon BEST's submittal of written documentation of the increased charges. For projects performed after October 1, 2005, the California Code Title 24 Part 6, requires new roofing standards for buildings that are electrically air conditioned and have a roof slope of 2:12 or less. The specif cations for the project in this proposal may or may not have been written to comply with this new law. If the specifications to which we submitted this proposal do not meet these new requirements a price increase may be necessary. Please call yourBESTAccount Executive whose name appears on this proposal with any questions. Authorization to Proceed: The Terms and Conditions attached herewith are expressly incorporated into this proposal and form the contract between both parties. Please note that under no circumstance will this proposal be performed under a client's sub- contractor agreement if the value of this proposal is under $10,000.00. • Absolutely no retention is to be withheld from the contract price of this Service Work proposal. BY: DATE: COMPANY NAME PRINTED NAME & TITLE SIGNATURE 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEEISITE: `VtCWVN.I:I] S,rC.°OIVfI'1C$ACTING.com BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) &^ – v.6luRy €MrsnW- Contractor's License Number 456263 Page 5 of 6 Date: November 7, 2012 Ref: WO #2681 Main Office: 19027 S. Hamilton Avenue Gardena, CA 90248 Tel: (310) 328 -6969, Fax: (310) 212 -0693 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 Northern California Office: 29300 Pacific Avenue Hayward, CA 94544 Tel: (510) 886 -7240, Fax: (510) 886 -7322 GENERAL TERMS & CONDITIONS Proposal Number: 628 Project Name: WO #2681 Building Name: Police Station El Segundo Jobsite Address: 348 Main Street, El Segundo, CA 90245 Proposed to (name) Lieutenant Scott Doukakis Company: El Segundo Police Station Address: 348 Main Street El Segundo, CA 90245 Conditions of Proposal: Acceptance of this proposal by Contractor shall be acceptance of all terms and conditions recited herein and shall supersede any conflicting term in any other contractor's document or project advertisement. Any of the Contractor's terms and conditions in addition or different from this proposal are objected to and shall have no effect. Contractor's agreement herewith shall be evidenced by Contractor listing BEST Contracting Services, Inc. in its bid documents or by permitting BEST Contracting Services, Inc. to commence work for this project. 1, Invoice is payable upon receipt. Absolutely no retention is to be withheld from the contract price of this Service Orderproposal. 2, BEST Contracting Services, Inc. will carry workman's compensation insurance covering contractor's employees and liability insurance covering the operation of trucks and automobiles. BEST Contracting Services, hrc. will also takeout and maintain General Liability Insurance. 3. Best Contracting Services, Inc,, shall be given reasonable time in which to make delivery of materials and /or labor to commence and complete the performance of the contract. BEST Contracting Services, Inc,, shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to: delays caused by the Owner, architect and/or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. BEST Contracting Services, Inc., shall be entitled to equitable adjustment in the contract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not BEST Contracting Services, Inc.'s responsibility and to time extensions for unavoidable delays. 4. Work called for herein is to be performed during regular working hours. All work performed outside of such hours shall be charged for at the rates or amounts agreed upon by the parties at the time overtime is authorized. 5. Owner shall purchase and maintain risk insurance upon full value of the entire work and /or materials delivered to the job site, which shall include the interest of BEST Contracting Services, Inc. 6. BEST Contracting Services, Inc. will indemnify and hold harmless the Owner from damages only to the extent such damages, were caused by sole negligent act or omission of BEST Contracting Services, Inc. 7. If unexpected conditions are encountered during the work, or if the Owner, Owner's agent or any public body inspector directs additional or modifications to the work and the conditions adversely affect the cost or progress of work, BEST Contracting Services, Inc. will notify the Owner immediately, and the Owner will negotiate a change – order to resolve the unexpected condition. 8. The Owner shall grant free access to work areas for workers and vehicles and shall provide storage areas for storage of material and debris, BEST Contracting Services, Inc. shall not be liable for damage to driveways, walks, lawn and shrubs caused by movement of trucks, workers or equipment in discharging the contract. 19027 S HAMILTON AVE, GAPDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: VJWW,BIEt1S "II'I (.)M'f'IZA,.C'IFIN(,,.('OM BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) Contractor's License Number 456263 Page 6 of 6 Date: November 7, 2012 Ref: WO #2681 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 I��mtd d�^;w m � 9. During the roofing project it is often necessary to raise pipes, conduit and air conditioning units to roof under them BEST Contracting Services, Inc. will exert due diligence to handle these items with care, however, BEST Contracting Services, Inc. will not accept any liability for damage to pipes, conduits, air conditioners and ducting or other rooftop mounted equipment which is raised or moved during the normal roofing activity. Similarly BEST Contracting Services, Inc. is not responsible for the operational condition of these items after reinstallation.. 10. Foil or insulation attached between roof members on the underside of the roof deck can be disturbed during normal roof activities. BEST Contracting Services, Inc. will not accept any liability for condition of foil or insulation secured to the underside of the roof structure or other interior items, which maybe dislodged or moved as a consequence of normal exterior roofing activities. Similarly, dirt and dust will fall into the building. It is incumbent upon the occupant to protect sensitive machinery, equipment, and inventory during this phase of the roofing project. 11. The Uniform Building Code and some city building codes specify that the roof is to have positive drainage„ BEST Contracting Services, Inc. shall not be held responsible if the design or structure of the deck being roofed does not conform to these requirements with resulting standing water. 12. This document and all documents incorporated by reference constitute the parties' entire agreement. No other agreements, oral or written, regarding the work to be performed under this agreement exist between the parties. 13. This agreement shall be construed in accordance with and governed by, the laws of the state of California, 14.. Unless the agreement specifically calls for the removal, disturbance, or transportation of asbestos containing material or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions and/or licenses. If BEST Contracting Services, Inc. encounters such substances, BEST Contracting Services,'Inc„ will immediately stop work and take steps to institute the special procedures, licenses and precautions. Such work will be treated as a change under this contract. 15. BEST Contracting Services, Inc „'s equipment and work (except repairs) guaranteed for a period of one year from the date of substantial completion or use by the Contractor or the Contractor's customer, whichever is earlier. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that BEST Contracting Services, Inc., shall replace or repair any part of its work, which is found to be defective. BEST Contracting Services, hic., shall not be responsible for damage or defect caused by abuse, modifications not executed by BEST Contracting Services, Inc., improper or insufficient maintenance, improper operation or normal wear, tear and usage. 16. The prices given in all quotations are those currently in effect, In the event of price increase of material, supply, equipment, or energy occurring between the date of this proposal and the first day of performance of the contracted work through no fault of the BEST Contracting Services, Inc., the contract sum shall be equitably adjusted by change order(s) to reflect the price increase(s). NOTICE TO OWNER: Under the California Mechanic's Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps improve your property, but is not paid for his or her work or supplies, has the right to place a lien on your home, land or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land and private property can be sold by a court officer, and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full and if the contractor's subcontractors, laborers or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document "Preliminary Notice ". Contractors and laborers who contract with Owners directly do not have to provide such notice, since you are aware of their existence as an Owner. A preliminary notice Is not a lien against your property. Its purpose Is to notify you of persons and entities that may have a right to file a lien against your property if they are not paid. In order to protect their lien rights, a contractor, subcontractor, or laborer must file a mechanic's lien with the county recorder, which then becomes a recorded lien against your property. Generally the maximum time allowed for filing a mechanic's lien against your property is 90 days after substantial completion of your project. END OF DOCUMENT 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW,VbQ:.,S"t'C.1N1 R C'IFING.COM BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) Duplicate Original Supersedes Prior Bond Issued on 12112112 Executed in 2 Counterparts Premium is for contract term and is subject to Adjustment based on final contract price LABOR AND MATERIALS BOND Bond No. 12089312 Bond Fee: $200.00 111111411CM." MM ! twdtI , M N1 ww • •• w w w • • 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 PROPOSAL #628 ( "`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 PROPOSAL #628„ 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. NIA) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 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 PROPOSAL #628 or of the obligation to be performed will in LABOR AND MATERIALS I -F -1 (OW13/02) I-F-1 .� hSHEIRLOCK 1 1001 N 436 1 4 , 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. Sl NED AND SEALED this 27th day of December 12012 i? _ riy o� f,lart America USA �� m a est Contr ting Se' The Guarantee Co PRINCIPAL's PRffS DI NT m `" at;aTabazadeh SURETY'S PRE-6,11 '� lliam Syrkin, Attorney -in -Fact See Attached Power ttorney PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: 19027 S. Hamilton Avenue Gardena, CA 90248 SURETY'S SECRETARY SURETY'S MAILING ADDRESS: 1800 Sutter Street Ste. 880 Concord, CA 94520 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. Page 2 of 2 State of California CALIFORNIA ALL - PURPOSE County of ._LOS ANGELES CERTIFICATE OF ACKNOWLEDGMENT , On IT Tiv _ before me, , _Y PUBLIC AMANDA SANTIAGO NOTARY _ �0 (here insert name and title of the officer) personally appeared MOJITABA TABAZADEH U who proved to me on the basis of satisfactory evidence to be the personfs3 whose name{ is /are subscribed to the within instrument and acknowledged to me that he�she4liey executed the same in hisAiefAkew authorized capacityOes}, and that by hisA9e#*&4 signature* on the instrument the person,, or the entity upon behalf of which the person} 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. RBII ►1C Signature OPTIONAL INFORMATION °fir 1 ft Lti 'rot r � h (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as; ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) .. ..............�W��.,....W�W,W,W W W WW.............. ..... P.., ..�....................TiTle(s) ❑ Guardian /Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Name(s) of Person(s) or Entity(ies) Signer is Representing .I ,I I %a Method of Signer Identification Proved to me on the basis of satisfactory evidence: I_0 form(s) of identification C) credible witnesses) Notarial event is detailed in notaryjournal on: Page # Entry If Notary contact: Other ❑ Additional Signer(s) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007 Notary Rotary, Inc, 925 29th St, Des Moines, IA 50312 -3612 Form ACK03. 10107 . To re- order, call toll -free 1- 877 - 349 -6588 or visit us on the Internet at http: / /wwwnotaryrotary.,com 6 1 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint William Syrkin, Sergio D. Bechara, Rebecca Ann Haas- Bates, Patricia Ann Bauer, Richard Leroy Adair Millennium Corporate Solutions, Inc. its true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31" day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s) -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey -in -fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and /or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C. Ruschak, Vice President Randall Musselman, Secretary County of Oakland On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. ra IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 27th day of December , 2012 QGG)� ''"k" Randall Musselman, Secretary CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 12/27/2012 before me, A. Wilkison, Notary Public Date Here tnoort Name an Ti T& of tho tlII ar personally appeared William Syrkin Mu al ni q &t*) A. Commission l # 1066283 wary Notary Public - California ' Orange County My Comm. Expires Se 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(e) whose names) is/am subscribed to the within instrument and acknowledged to me that he/ahelthey executed the same in his /he0A& authorized capacity(les), and that by his /weir signature(4 on the instrument the person(*, or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature "aN".I Place Notary Seel Above Signature � Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond No. 12089312 Document Date: 12/27/2012 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: —_„ William Sytrkin_ ❑ Individual Corporate Officer — Title(s)t ❑ Partner — ❑ Limited ❑ General 0 Attorney in Fact Top of thumb here Li Trustee Guardian or Conservator Signer Is R epresenting: _..__. ..... -_._ The Guarantee Company of North America USA Number of Pages: Two (2) — Signer's Name:—_._... .... . _ .......... ..... � ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited C General n Attorney in Fact ❑ Trustee Top of thumb here 0 Guardian or Conservator ❑ Other:, .__ ..._._.._........... Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402• www.NallonaiNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800876 -6827