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CONTRACT 4542 CLOSED Agreement No. 4542 MAINTENANCE, REPAIR and ON-CALL SERVICES AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND F.M. THOMAS AIR CONDITIONING, INC. (Awarded per Public Contract Code §§ 20160, et seq.) THIS MAINTENANCE, REPAIR and ON-CALL SERVICES AGREEMENT ("Agreement") is made and entered into this 8th day of January, 2014, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("CITY") and F.M. Thomas Air Conditioning, Inc. ("CONTRACTOR"). The Parties agree as follows: 1 . CONSIDERATION, A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR's services not to exceed Twenty-Seven Thousand, Three Hundred Four Dollars ($27,304) yearly for five consecutive years, with a three percent (3%) escalation to be implemented yearly at the end of each year for Year 1 through Year 4, for the Work in the manner set forth in the Contract Documents. The total amount at the end of Year 5 would be One Hundred Forty-Four Thousand, Nine Hundred Sixty Five Dollars or $144,965. CITY will pay for work on the basis of the hourly rates and cost reimbursement rates as specified in the attached Exhibit "A," which is incorporated by reference. 2. TERM. The term of this Agreement will be from January 17, 2014, to January 17, 2019. The Agreement may be renewed upon mutual consent of the parties by amending this Agreement. 3. SCOPE OF SERVICES. A. This Agreement may be used for "maintenance services" which include the following: i. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. ii. Minor repainting. I-I-1 Agreement No. 4542 iii. Resurfacing of streets and highways at less than one inch. iv. Landscape maintenance. V. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems and electrical transmission lines of 230,000 volts and higher. vi. Carpentry, electrical, plumbing, glazing, and other craftwork; vii. On-call Heating, Ventilation, and Air-Conditioning work for all applicable City facilities. B. This agreement may be used for "repair and on-call services", which include construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased or operated facility C. CONTRACTOR will perform the maintenance, repair and on-call services listed in the attached Exhibit "B," which is incorporated by reference. The provisions contained in this Agreement supersede any conflicting provisions in Exhibit B. D. Maintenance, repair and on-call services required by CITY will be provided on an as-needed basis with CITY determining and advising CONTRACTOR as to when specific services are required to be performed or completed by CONTRACTOR. Requests must be memorialized using a notice to proceed that may be in the form of a purchase order. The provisions contained in this Agreement supersede any conflicting provisions in a purchase order issued for maintenance services. E. CONTRACTOR will, in a workmanlike manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. 4. PREVAILING WAGES. A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR's responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage 1-1-2 Agreement No. 4542 laws. B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY's Engineering Division or the website for State of California Prevailing wage determination at htto://www.dir.ca.ciov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. D. Labor Code § 1777.5 requires 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 must 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: i. When employment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or ii. When the number of apprentices in training in the area exceeds a ratio of one to five, or iii. 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 iv. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. V. CONTRACTOR is required to make contributions to funds estab- lished for the administration of apprenticeship programs if 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. vi. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. vii. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, 1-1-3 Agreement No. 4542 San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. E. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. 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 CITY, CONTRACTOR must provide copies of the records at its cost. 5. PAYMENTS. A. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit a detailed invoice to CITY. B. CITY's city manager may make payments up to twenty thousand dollars ($20,0000.00) for special items of work not included in the project scope of work and services. Payments for special work will only be made after CITY issues a written notice to proceed for the specific special tasks. A written scope of work, an agreed upon additional fee, a schedule for starting and completing the special tasks, and an agreed upon extension of the time for performance, if needed to complete the special work, will be required before CITY issues a notice to proceed for special work. All special work will be subject to all other terms and provisions of this Agreement. 6. FAMILIARITY WITH WORK. A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONTRACTOR discover any latent or unknown conditions that may materially affect the performance of the services, CONTRACTOR will immediately inform CITY of such fact and will not proceed except at CONTRACTOR's own risk until written instructions are received from CITY. 1-1-4 Agreement No. 4542 7. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Ime of Insurance Limits (combined single) Commercial general liability: $2 Million Business automobile liability $1 Million Workers compensation Statutory requirement B. Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AMI." Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate. 1-1-5 Agreement No. 4542 8. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until: A. CONTRACTOR furnishes proof of insurance as required under Section 7 of this Agreement; and B. CITY gives CONTRACTOR a written notice to proceed. C. Should CONTRACTOR begin work in advance of receiving written authorization to proceed, any such professional services are at CONTRACTOR's own risk. 9. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONTRACTOR may terminate this Agreement upon providing written notice to CITY at least thirty (30) days before the effective termination date. C� Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. D, By executing this document, CONTRACTOR waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 10.INDEMNIFICATION. A. CONTRACTOR indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. I-1-6 Agreement No. 4542 11 .INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12.NOTICES. A, All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Such noticing does not include day-to-day communications between CITY's and CONTRACTOR's project managers. Notice sent by mail will be addressed as follows: To CITY: Stephanie Katsouleas, P.E. Department of Public Works City of EI Segundo 350 Main Street EI Segundo, CA 90245 To CONTRACTOR: Thomas Feyka President F.M. Thomas Air Conditioning, Inc. 231 Gemini Avenue Brea, CA 92821 (800) 660-0891, (714) 738-1062 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13.TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 14.WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent 1-1-7 Agreement No. 4542 breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15.CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 16.SEVERABLE. If any portion of this Agreement is 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 Agreement will continue in full force and effect. 17.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 18.WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 19.INTERPRETATION. This Agreement 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 agreement will be in Los Angeles County. 20.AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned upon approval and ratification by the EI Segundo City Council. This Agreement is not binding upon CITY until executed by the City Manager. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 21.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement 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. 22.EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control. 23.CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 24.FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorist act, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 1-1-8 Agreement No. 4542 25.ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole agreement between CONTRACTOR and CITY respecting Air Conditioning Maintenance, Repair and On-call Services. To the extent that there are additional terms and conditions contained in Exhibit "B" that are not in conflict with this Agreement, those terms are incorporated as if fully set forth above. There are no other understandings, terms or other agreements expressed or implied, oral or written. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY EL GUND Gre arperer, Thomas Feyka, Pre dent, City anager F.M. Thomas Air C ditioning ATTE T: TaxP Y T � , a erID No. ra W, ver, ` Cit Cler Business License No. Y!" 4 State License No. 'I APPROV A I MARK C ity t�C By: Karl H. Berger, " tnt City Attorney 1-1-9 Agreement No. 4542 EXHIBIT A September 23, 2013 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, September 24, 2013, at 11:00 am 2. Proposal page I-C-3c requesting alternate bids, to service the units for the telecommunications equipment on top of the Police Department building, has been attached. Please complete the page and submit it with your proposal. 3. Please see the attached revised HVAC equipment list. Equipment has been added to several locations, and approximate numbers of exhaust fans, filters, and belts that need to be changed have been given. 4. Please see this project's attached Supplement to Addendum 1 for contractor questions and the City's responses to them. The items in the supplement will become part of the project scope. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: W Date: Print Company Name: Page 1 of 1 350 Main Street,EI Segundo, CA 90245-3895 (310)524-2300 Fax(310) 640-0489 Agreement No. 4542 PD Telecommunications Preventive Maintenance* (Alternate Bid Table) ITEM ESTIMATED DESCRIPTION UNIT PRICE AMOUNT NO.. QUANTITIES IN FIGURES Al Lump Sum Spring Preventive Maintenance $ .1-74 .6v A2 Lump Sum Summer Preventive Maintenance $ -7 6 '°y Pr7 C•du A3 Lump Sum Fall Preventive Maintenance s a-7 6 .w $ A4 Lump Sum Winter Preventive Maintenance $ $ ;)-7 6•"'� TOTAL PD PREVENTIVE MAINTENANCE ALTERNATE BID ITEMS Al THROUGH A4 TOTAL PD PREVENTIVE MAINTENANCE ALTERNATE BID ('WRITTEN IN�WORDS: *Provide the lump sum costs to perform preventive maintenance service on the two separate package Escalade units serving the telecommunications area on the Police Department roof. Model number is EX055 6600C. I-C-3c Agreement No. 4542 CITY OF EL SEGUNDO CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 ADDENDUM NO. 1 SUPPLEMENT DATE: September 23, 2013 TO: All Prospective Bidders The following questions have been raised regarding this bid. The response to each question is provided here and made available to all prospective bidders. The information and clarification provided in this Addendum shall be considered as incorporated into the specifications for the above-referenced project. All other portions of Contract Documents and previous Addenda not specifically mentioned in this Addendum remain in force. Question 1: What license type is the contractor required to have? Answer: A C-20 Warm-Air Heating, Ventilating and Air-Conditioning Classification is required. Question 2: Will Will the contractor have to pay for any City permits needed for the project? Answer: Any City permits will be no-fee permits. Question 3: If the City is called out for emergency services, will City staff coordinate with the HVAC controls company to be onsite at the same time to turn off the HVAC systems if necessary? Will the delay that the contractor may experience, due to the other company's absence and the HVAC systems still being on and not serviceable, be considered billable in that instance? Answer: If necessary, City staff will coordinate the HVAC controls company to be present. If a delay is caused to the HVAC contractor until the controls company arrives to shut off the HVAC system, the delay period shall be considered billable. Question 4: Does the City have filter lists and belt lists for the HVAC system that show the number and sizes of filters and belts that need replacing at each location annually? Answer: See attached revised HVAC Equipment List. 1 Agreement No. 4542 Question 5: Who is responsible for the water treatment on the boilers? Answer: The contractor will perform water treatment on the boilers as part of the preventive maintenance duties. Question 6: What company performed the HVAC maintenance before? Answer: Johnson Controls. Question 7: What company currently provides the HVAC controls service? Answer: Siemens. Question 8: Will this contract include the SCAQMD reporting on boilers? Answer: The preventive maintenance portion of this contract will include the preparation and submittal of any reports required by state, regional, or other applicable agencies to service any parts of the City's existing HVAC systems. Question 9: Will oil changes be considered part of the compressor preventive maintenance? Answer: Yes, any routine maintenance activities for the City's existing HVAC equipment including but not limited to oil changes for that equipment, shall be considered preventive maintenance. Question 10: Will the units serving the telecommunications center on top of the Police Department building be included in the bid? Answer: No. An alternate bid table, on page I-C-3c for those units has been attached for bidding on the preventive maintenance for those units. Please submit the completed alternate bid page with the other proposal pages. For the alternate bid, the City can decide whether or not to include it in the final contract amount. Question 11: Can you please send me an example of the Non-Collusion Affidavit filled out? We are a little confused on what to write down. Answer: Please see attached sample. 2 Agreement No. 4542 Quesdou 12.- 'Would like.to bid thisjob, but oux bond com.pany says no bond company will extend!bonds for a 5-year contract. Answer: Neither the Poxformance Bond nor the Labor and Materials Bond will be required foucontracts less Lhan$25,000 annually. A Bid Bond is still required at the time proposals are submitted. Question 13-, Can the Bid Date be extended? Answer. No. The bid date shall rem ain Tuesday, September 24,2013. 3 Agreement No. 4542 2-0. HVAC Equipment List (Revised 9/23/13) Building Address Manufacturer Type of Equipment Capacity Qty 111 W. Library Mariposa Ave. Trane Multizone Air Handling Unit 1 111 W. Library Mariposa Ave. Variable Speed Drive I 1 111 W. Library Mariposa Ave. Trane W/C Chiller 50 ton 1 111 W. Coil Evaporative Library Mariposa Ave. Frigid Condenser/Cooling Tower 60 ton 111 W. Packaged Water Source Heat Library Mariposa Ave. Pump 1 111 W. Library Mariposa Ave. Cleaver Brooks Hot Water Boiler 1 ill W. Library Mariposa Ave. HW, CHW. CW Pumps 7 ill W. Library Mariposa Ave. Boiler 1 ill W. Library Mariposa Ave. Quincy Air Compressor&Air Dryer 1 ,,,,,, 350 Main St.- East Lower City Hall Level Carrier VVT Split System 5 ton 1 350 Main St.- Computer City Hall Room E.L.L. Mitsubishi Split System 4 ton 1 350 Main St.- West Lower City Hall Level Lennox Split System Heat Pump 5 ton 1 350 Main St.- Council City Hall Chamber Carrier -Gas/Electric Packaged Unit 8 ton 1 350 Main St.- 1 st Floor Computer City Hall Room Carrier Packaged A/C Unit 7.5 ton 1 City Hall 350 Main St. Energy Labs MZ-2 M/Z Unit 40 ton 1 City Hall 350 Main St. Energy Labs MZ-3 M/Z Unit 25 ton 1 Page 1 of 4 HVAC Equipment List (Continued) Agreement No. 4542 Building Address Manufacturer Type of Equipment Capacity Qty Police Department 348 Main St. Trane Air Cooled Chiller 30 ton 1 Police Department 348 Main St. Larrs Hot Water Boiler 1 Police Department 348 Main St. CHW Air handlers 3 Police Department 348 Main St, Return Air Fan 1 Police Department 348 Main St. (Variable Speed Drives 2 Police Department 348 Main St. _ CHW Pumps 2 Police Department 348 Main St, HW Pumps 2 Police Department 348 Main St, -Carrier PAC 10 ton 1 Police Department 348 Main St. _Carrier PAC 6 ton 1 Police Department 348 Main St. Carrier PAC 5 ton 1 348 Main St.- Police Department Basement Carrier Condensor Unit 20 ton 1 348 Main St.- Police Department Basement Compressor Unit 1 348 Main St.- Police Department Basement York MZ Air Handler&RA Fan 1 314 Main St.- Fire Station 1 Roof Carrier PAC 5 ton 2 314 Main St.- Fire Station 1 Roof Carrier PAC 4 ton 1 314 Main St.- Fire Station 1 Roof Carrier �HP Condensor Units 4 ton 2 314 Main St.- Fire Station 1 Roof Carrier �HP Condensor Units 2.5 ton 3 314 Main St.- Fire Station 1 Ceiling Carrier 1,HP Fan Coils 4 ton 2 314 Main St.- Fire Station 1 Ceiling Lennox 1HP Fan Coils 2.5 ton 3 314 Main St.- Fire Station 1 Equipment Bay Reznor Unit Heaters 4 Maintenance Facilit 150 Illinois St y Lennox Condensor Units 5 ton 2 Model GSZ130181AB, Maintenance Facility 150 Illinois St. _Goodman -Serial 1005538052 _ 1 Maintenance Facility 150 Illinois St. Mitsubishi Split system 1 Maintenance Facility 150 Illinois St. _Lennox -Upflow Furnaces 3 Maintenance Facility 50 IIllinois„ t. -Sterling„ Horz. Unit Heaters 3 Joslyn Senior Center 339 Sheldon St. Carrier Model 48TFE006-B501GA 1 Joslyn Senior Center 339 Sheldon St, Carrier 48HJL006-B541 1 Joslyn Senior Center 339 Sheldon St, York No data available 1 Page 2 of 4 HVAC Equipment List (Continued) Agreement No. 4542 Building Address Manufacturer Type of Equipment Capacity Qty Gordon Community 300 E. Pine Clubhouse Ave. -Carrier Condensing Unit 10 ton 1 Gordon Community 300 E. Pine Clubhouse Ave. Standard DX Chiller Barrel 10 ton 1 Gordon Community 300 E. Pine ' Clubhouse Ave. Chilled Water Pump 1 Gordon Community 300 E. Pine Clubhouse Ave. -_Chiller Control System 1 Gordon Community 300 E. Pine Roof mounted CHW Air Clubhouse Ave. Handlers 3 Gordon Community 300 E. Pine Rooftop Packaged Heat Clubhouse Ave. Pump Units 2 Gordon Community 300 E. Pine Clubhouse Ave. Carrier Packaged Heat Pump 5 ton 1 Gordon Community 300 E. Pine Clubhouse Ave. _Mitsubishi Split System Heat Pumps 4 ton 3 Gordon Community 300 E. Pine Clubhouse Ave. Carrier Split System heat Pump 5 ton 1 Gordon Community 300 E. Pine Furnace and Built-Up Air Clubhouse Ave. Hayes Handler 1 2261 E. Fire Station 2 Mariposa Ave. ;Carrier AC Model 38HBR030 1 11 Split System,Model 2261 E. I C3672R; Serial 0108273, Fire Station 2 Mariposa Ave. -Sanyo Refrigerant R410A 1 2261 E. Model RN-016-8-OEB 19- Fire Station 2 Mariposa Ave. _AAON 000, Refrigerant R410A 1 Boiler 110-0162 with 2 2261 E. circulating pumps on heating Fire Station 2 _Mariposa Ave. Raypak side 1 .... .... 12261 E. .__.. Fire Station 2 (Mariposa Ave. _Reznor I-Core heaters 4 .. ... . . 405... � . E. Grand RAMB-060JAZ, Model Teen Center Ave. Rheem 6269 M0402 15132 1 405 E. GrandIRheem. RAMB-060JAZ, Model Teen Center Ave. 6269 M0402 14099 1 Checkout Bldg '401 SheldonCarrier ........ 38BRCO3633U I ... Page 3 of 4 Exhaust Fans, Filters, and Belts Agreement No. 4542 #of Exhaust Building Fans ;Police Department 7 _City Hall 10 _Fire Station 2 6 -Gordon Clubhouse 1 _Joslyn Senior Center 3 Maintenance Facility 6 Library 4 Bag Filter Size #of Filters* *Combined total number of filters of that size for all City buildings 12x24xl8 4 Contractor to verify amounts at first inspection 24x24x10 8 24x24xl8 8 Pleated Filter Size #of Filters* *Combined total number of filters of that size for all City buildings 12x24x1 4 Contractor to verify amounts at first inspection 12x24x2 " 3 14x25xl 1 16x20x1 8 16x20x2 9 16x25xl 2 16x25x2 31 16x32x2 1 20x2Oxl 2 20x2Ox2 4 20x25xl 1 20x25x2 35 20x25x4 6 20x25x5 1 24x24xl 16 24x24x2 17 Belt Type #of Belts** Belt Type #of Belts** A25 2 B69 1 A31 1 B70 2 A35 1 B84 2 A36 1 B92 3 A38 3 B97 3 A39 5 B112 2 A40 3 BP75 2 A46 2 BX41 1 A48 1 BX124 3 "Combined total number of belts of that size for all City buildings Contractor to verify amounts at first inspection Page 4 of 4 Agreement No. 4542 GMC Engineering Inc. 1401 Warner Avenue,Suite B Tustin,CA 92780 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of orange) Gennady Chizhik being first duly sworn,deposes and say that heA-rskft is President of GMC Engineering, Inc. the party making the foregoing bid that the bid Is not made In the inter , f, or on behalf of, any undisclosed person, partnership, company, association, organiza or, corporation; that the bid is genuine and not collusive or sham;that the BIDDER as not e or indirectly induced or solicited any other BIDDER to put In a false, and not dire or indirectly colluded, conspired, connived, or agreed with ID anyone so In a sham bid, or that anyone shall refrain from bidding; th, th Bt DER as not manner, directly or indirectly, sought by agreement, omi"nunic—, , o conferen anyone to fix the bid price of the BIDDER or any of ;r BID or fix ny verhead, ofit, or cost element of the bid price, or of th any her BID I to s ur any advantage against the public body awarding t contract anyone aterested In he proposed contract; that all statements contained ` I t e, , nd, rt r,that the bidder has not, directly or indirectly,submitted his or her I price or br n reof,or the contents thereof, or divulged Information or data relative thereto, and wi not pay, any fee to any corporation, partnership,company association, organ' I I bid depository, or to any member or agent thereof to effectuate a collusive or sheiid op, I' 1r GMC EncTineering, Inc. Signature Name of Bidder Gennady Chizhik April 30, 2013 Typed Name Date President Title Agreement No. 4542 PROPOSAL FOR THE CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Dates 20 13 Company Name: ,�. �•.�.,�� '"��VA) ,/131 41;lr "�,., v�� TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site,Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents, access and any other field conditions which may effect bid prices.If this proposal is accepted for award,BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule.BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT.It is agreed that the unit and/or lump sum prices bid include all apparent expenses,taxes,royalties,and fees.In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER,including sending by U.S.Mail a Public Works Contract for signature by the Awardee,the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option,be considered null and void. I-C-1 Agreement No. 4542 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency,State,or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein;that no officer,agent,or employee of the City of El Segundo is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 4542 BIDSCHEDULE CITY ON-CALL HVAC MAINTENANCE CONTRACT ,1 !_ PROJECT NO.: PW 13-17 Company Name: ��'� `N W\'�v�/� 1�� &\k,. - (kyU/,1 1.PREVENTIVE MAINTENANCE (Bid Table 1 of 2) ITEM ESTIMATED DESCRIPTION UNIT PRICE AMOUNT NO. QUANTITIES IN FIGURES 1 Lump Sum Spring Preventive Maintenance $ y w ' $ 2 Lump Sum Summer Preventive Maintenance $ ��r7 Yy.&'" $ II 3 Lump Sum Fall Preventive Maintenance 4 Lum Sum Winter Preventive Maintenance $�, ►3�...w $ •, � TOTAL PREVENTIVE MAINTENANCE BID ITEMS 1 THROUGH 4 $ ar7, 3oE/, vb TOTAL PREVENTIVE MAINTENANCE BID WRITTEN IN WORDS: 2. ON-CALL AND EMERGENCYSERVICES (Bid Table 2 of 2 continues on following page) Provide rates for all labor classifications applicable to the quoted service trade. Labor hourly rates shall be inclusive of all charges including but not limited to, equipment if not specified otherwise, travel, vehicles, construction vehicles, small tools, standard materials packages and expendables. Regular working hours shall be Monday to Friday, 8:00 am to 5:00 pm. Provide rates for weekday after hours,weekend and holiday work.*Compensation at the hourly rate will begin when work commences on site. If an Item number does not apply, please enter "Not Applicable" on the hourly rate line for that item. I-C-3a Agreement No. 4542 Company Name: (m REGULAR OVERTIME OVERTIME OVERTIME ITEM HOURLY WEEKDAY WEEKEND HOLIDAY NO. DESCRIPTION RATE HOURLY HOURLY HOURLY RATE RATE* RATE 5 HVAC Supervisor/Site Foreman $ 1 U , W $ $ f 6 5, ciU G $ 6 Skilled HVAC Worker $ 1 0 ,w $ J 6 S. z-v $ /6 S, ✓r� $ 7 HVAC Apprentice $ 9 ej. w $ 1 -3 $ J 3�,-IV $ vu 8 HVAC Laborer (skilled) $ �j o.. &-o $ 9 HVAC Laborer (unskilled) $ 90 •w $ 3 5., -z) $ 1 3 S. 10 Safety person/Crew leader $ --b $ $ Other Labor Rate: Specify Type of Labor Other Labor Rate: Specify Type of 12 $ $ $ $ Labor 13 Minimum Hours (if any) 2- Markup percentage (%), if any, off 14 wholesale invoice cost for materials will be �u •"" ** Markup percentage (%) for rented 15 equipment will be " ** * Note: If Saturday and Sunday overtime hourly rates differ,please note the hourly rates on a separate sheet for applicable Items 5-12 * Note: Invoices for work performed shall require a copy of materials receipt and a copy of the rented equipment receipt, if applicable, to be included. Failure to provide cost-plus percentage for materials may result in an at-cost payment from the City. Markup costs shall not exceed 15% of the original materials or rental equipment cost to the contractor. I-C-3b Agreement No. 4542 BIDDER'S INFORMATION Company Name: � v '� 7°•� ,/1 f� BIDDER certifies that the following information is true and correct: Form of Legal Entity(i.e., individual,partnership, corporation, etc.) _.........._._.......... _ _............. _ If corporation, State of Incorporation (i.e., California) _ gy p.''" .............. Business . '...k:'t t � Address (?�•tn �1�..:.... 'V Telephone No. -----IN - T S%. r 6 � Facsimile No. �� f State Contractor's License No. and Class I l(r �� G-�o c Original Date Issued Expiration Date The following are the names, titles, addresses, and phone numbers of all individuals,firm members,partners,joint venturers, and/or corporate officers having principal interest in this proposal: N'` ��. ., L 6L �Com` ° ��1 a' 10kx L� = tr X P The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I I-C-4 Agreement No. 4542 BIIDDMVS PWORMATION(CONTINUED) Bidder shall list the name of the person who attended the mandatory pre-bid job meeting: Naine: ...................... I-C-5 Agreement No. 4542 IN WITNESSWHEREOF�Bfl)DER exectitcs and submits this,proposal with the nanies,titles, hands, and seats of all aforenamed principals this 4.day of 2013, BIDDE'R yy\- Sub-scribed and sworn to this P-3 day of 20 NOTARY PUBLIC I-C-6 Agreement NO. 4542 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of on before nna, How wmmlwAM0 and wwQ *� Io69 personally appeared who proved bxmeonthe basis ofsatisfactory evidence to bathe pexaonbAwhose name*ie/Wsubscribed tothe within instrument and acknowledged to ma that he/she/they executed the same in h|e/he»/theirauthohzed copaoity(ieo). and that byhin/�w/Um& eigna1ure6e\ onthe instrument the pmroonbA, or the entity upon behalf of which the person(a) aoted, executed the instrument. RENEE RITCHIE | certify under PENALTY OF PERJURY under the |mwa —Commission #uo11*»4 of the State of California that the foregoing paragraph is Notary '^~'^ '"~"'"'"'" Z true and onrnect. Orange County�4Ny Comm.Expires Me 11 Z�,� / ` ~ ^ ~ WITNESS myhand and official seal. Signature \L��LL_ Place Notary Seal Above Signature of Notary P"mm OPTIONAL - ----- --- - - Thmughme information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment", this form.,another document. Description mfAttached Document Title orType ofDocument: ________ Document Date: _ ____-- - __ ___ Number ofPages: ...........__.... _ ...... ______ Signer(o) Other Than Named Above: ____ Capaoity(ims) Claimed by Signer(s) Signer's Name:.............. ......... .....................�_ - Signer's Name:-_' U Individual O |ndividua| U Corporate Officer—Title(s): --__ O Corporate Officer--Th|n(s)� U Partnmr--ULimitud Ll General OPartner--OLimitod [I General U Attorney in Fact El Attorney in Fact U Trustee -"-'h-'-here El Trustee -'-'--here U Guardian or Conservator OGuardian or Conservator | ) Other:_____ Ll CVhor:___ _____-__ Signer |eRepresenting: Signer |aRepresenting: __ _ 02007 National Notary Association-9350 De Soto Ave,,P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationaiNotary.org Item#5907 Reorder:Call7oll-Free 1-800-876-6827 Agreement No. 4542 PROPOSAL GUARANTEE Bond No. FMTHO-64 BID BOND CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 KNOW ALL MEN BY THESE PRESENTS that, F.M. Thomas Air Conditioning. Inc. ,as BIDDER,and International Fidelity Insurance CL�t't �r�nv ,as SURETY,are held and firmly bound unto the Ten Percent of City of El Segundo,in the penal sum of Amount B; DOLLARS ($_L_),which is ten (10%)percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project,for the payment of which sum,BIDDER and SURETY agree to be bound,jointly and severally,firmly by these presents. *10% of Amount Bid THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas BIDDERis about to submit a bid to the City of El Segundo for the above stated project,if said bid is rejected,or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void,otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names,titles,hands,and seals this 23rd day of September , 2013_. BIDDER* F.M. Thomas Air. Conditionina, Inc, 231 Gemini Ave. " -.1062 G✓' . SURETY* J=ernational Fidelity IPsurance Comnanv 13400 Sabre Springs Parkway, Suite 245 San Die CA9 AS (858) 1513-1795 7 AyaI xl t e '�- ^act �4�s a. �k:,auia s.., Suite sol Orange, CA 92867 (714) 516-1232 Subscribed and sworn to this 1i' of , 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-7 Agreement No. 4542 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 9/23/1,3 before me, Susan Pugh, Notary Public - 11 1„e l� i9 k[I,;i 1 r 11 N;s-N rx,li 0 1, 1 rl R.:0 personally appeared Arturo Ayala who proved to nI on the basis of safisfactoIIY (,widerwe fi°)l be tho, Whose name(x) Wave sub,,;cr1bud[ to lhrk wilhin insIlrurnent an(k.iolenowledged to I that I"1010twaboy execuk"d the Same in his/bw/ftir aulhori7wl capaclily(k-x), and that by his/lk signature(x) on the instrument the person(), or the entity upon behalf of which the person(x) acted, executed the instrument. P I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true 1,1,I , nl ld and correct. Witness my hand and official seal. Signature 'e -- r IuA 11, 1 AU I d Signature 0 N(Aouy Pub Fle S6�a)_-ugh 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: Bid Bond Document Date: 9/23/13 Number of Pages: One Signer(s) Other Than Named Above: None Capacity(les) Claimed by Signer(s) Signer's Name: Arturo Ayala Signer's Name: El Individual 1:1 Individual Ll Corporate officer—Title(s):, ❑ Corporate Officer—Title(s): j j nd 1 a El Plaitn(�j, 1 ': Limited 0 Gemei-al El Partner —� llilnilu N� AHorney in FacJ [I Attorney in Fad FITIl'UA(''0 imam El rrustpe 1:1 (3tiardian or ConIx..rrvator Top of thumb here D cjuardian or Consorvitl,;r Top of thumb here U other; 1-1 othel: Signer Is RepresuntingSigner is Hr.q)resenfing: I!;k I, t I I tionoll I Il in I I (I !:I u 1,11 ij I) : jill) I I:l o h Id to I,l I'll I !I: Nj oom,o`"d 1 111 rig,'1 1: 11 1,41d 1 h WTORAre, Bend ttd fid. merit No. 4 �'SI 9 2 72 MFAIN, E S � 9 64 NNTItRN IONDLNCFCOMPANY � EASUe COMPANY ONE NEWARK CENTER;20TH FLOOR-NEWARK, NEW JERSEY 07102-5207 KNOW.ALL MEN BY THESE PRES'ENT'S; That INTERNATIONAL FIDELITY INSURANCE COMPANY. a corporation organized and existing.under the laws of the State of Now Jersey, and ALLEGHENY CASUALTY COMPANYa corporation organized and existing under the laws of the State of Pennsylvania,having their prin'ci'pal offi'c'e In the City of Newark,.New Jersey,do hereby constitute and appoint DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful allornay�s,)-i.n-fdct to execute-,sea)and deliver for and on its behalf as surety,any and,'all bonds and undertaking's,contracts of Indemnity and other writin ,s oblJgatory n the nature thereof, which are or maybe allowed,required or permitted by law,statute rule»re_�gMallon contract or otherwise and the execu on of s ch Nnstrument(s In ursuan'ce of these presents„shall be as binding upon the sald MERNO-R' L MDEL'ITY INSU'RANC' COMPANY and ALLtw�HENY CASUAL Y COMPANY, as, 'fully and amply, to all intents and purposes,as If the same had been d'ul'y executed' and acknowledged by their regularly elected officersat their principal offices. This Power of Attorne��y is executed a'nd ma be revoked, pursuant to and by authorly��yy of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEt 1 fE"NY ASU LTY C MPANY and is granted under and t y,authority of the followin resolution adopted by the Board of Directors of INTERNATIONAL FNDELIT' iNSUIRANCE COMPANY at a meeting du lyy held on the 26th'day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 1 Lath day of August,2000; "RESOLVED, that (1)the President, Vice President, or Secretary of the Corporation shall have the er to appoint,and to revoke ft appointments of, Attorneys-in-f act or aggents with power and authorl as defined or ilmlted In their respective powers o attorney� and to,execute on behalf of the Corporation and affix the Corporagn's seal thereto,bonds,unyertakings, recognixances, contracts of Indemnl and otFter written obligations In the nature thereof or related thereto* and(2)an such t fgc'ers of the Corporation may appoint and revoke the al It of Joint-control custodians„aen'ts for acceptance of rocass and Aitorn pin•0yot with authority fho execute waivers and con�Urg ents on behalf of the Corporation„and 3)the signature o any such O�Vicer of the rpor )I'on and the por'atlon"s,s'eaI may a affixed b facsimile to'a'npower o'f attorne or cert« eatlon given r the execution of any band undertaking, rr4lzanee controf IndernnitY or other written obligation in fire naethereoforreatedthareto,such signature and weals when sousedwhether hofore or�7ar'eaflbeing herebyy adopted by the Corpow tion as theriinalsl nature of such officer and the original seal of fife Corporation,to be valid and binding upon the orporallon with the same force and a ect s though'manua y afi9xed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,2012. STATE OF NEW JERSEY ,h�+ l" County of Essex SEAL 19 ROBERT W.MINSTER Executive Vice President/Chief Operating Officerrw (International Fidelity Insurance Company) YL�P and President(Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY ,l «» .,«.*^ �,� My Commission Expires Mar.27,2014. "'or'" �z%$0110 � CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 23rd day of September, 2G13 " Loe i�MARIA . Agreement No. 4542 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Clontractor's License Number is: 1 f 3 -,-! �--) I' Class No.: 2. The expiration date of BIDDER'S Contractor License is: rIT -14A . 20 Is 3. BIDDER acknowledges that Section 7028.15(e)of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid,the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares,under penalty of perjury,that the representations made by the undersigned in this bid proposal are true and correct. Executed on ( ) 3 , 20 13, at 6LL A Com (insert City and State where Declaration signed). Signature "; �.w �I Typed Name, Title Company Name I-C-8 Agreement No. 4542 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of Vm' ^—t) M I C- 'l �� ,being first duly sworn, deposes and say that he or she is V rt-c d'r-e-e t JLIIA of 1c, y^ -S"-,-A-A S LJ ' �'�• the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER,or to fix any overhead,profit,or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and further,that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. /TA Signature Name of Bidder/Company Nrtte Typed Name Date Title I-C-9 Agreement No. 4542 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code,the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: V l Business Name: 00,vvo (41 Business Address: ��1 6e1fY i f\1A Av e-- W"",\ Telephone Number: (:� ) �� K �o b Dated this 6\1fkday of . 20 /3. d I-C-10 Agreement No. 4542 DESIGNATION OF SUBCONTRACTORS CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Com an Name BIDDER will perform the majority of the work and-proposes to subcontract certain portions of the work which are in excess of one-half of one percent (1/2 of 1%) of the bid and to procure materials and equipment from suppliers and vendors as follows: Description of Name of portion of Work Estimated Subcontractor Address Subcontracted $Amount (Number and Street) I (City, Zip Code) �I ..__............. ........... ...,__ ............................................-....... .............�.. _. .-__......... _ I ...�............. �.................._.. ,.n, .. . . ....... . ........, � -x�� u• „ ,,, I-C-11 Agreement No. 4542 REFERENCES Company Name: The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1, Project Title: Lim Location: g Name and address of owner Name and c> trent telephone number of person familiar with project Type of Work: :' °'7«d°" M'1 � "+ •, b ' 9, �. ��' �(' Contract amount: $ 00 Date completed: Amount of work done by my/our firm under contract$ Did your firm have any financial interest in Project? 1\,k'j 2. Project Title: (Ab Location: �4 w I (11��c�-,��` Plv �� a� 1,�� U tl`fi5 C '} d Name adress of owners 11 f vxva Name and current telephone number of person familiar with project Type of Work: k,`k `�(.(i-t,`1 ,tiJ � (��IL 4)e G'11�.� f Contract amount:$ u �`� Date completed: Amount of work done by my/our firm under contract$ r Did your firm have any financial interest in Project?._ I-C-12 Agreement No. 4542 3. Project Title: 4,861)-U,J Location: e t4ve, 3 (a Name and address of owner 110L, Name and current re phone number of person familiar with project ""r Type of Work: 6Jd, 4�,�,-,r va, ,,u Contract amount: Date completed: Amount of work done bymy/our firm under contract$ Did your firm have any financial interest in Project? Company Name: vi 1vr V"',Oo iL Y ........ 4. Project Title: Location: 10 J U; Lo of oo i A a Name and ss of owner re isd Name and current telephone number of person familiar with project: Type of Work: NAA-' I,%rI ,b� L Contract amount: $ 0�O- OODate completed: 3 Amount of work done by my/our firm under contract$......., Did your firm have any financial interest in Project? ----.................. 5. Project Title: ewv QAVAAA-01®�Location: IX) A Name and address of owner I-C-13 Agreement No. 4542 Name and current telephone number of person familiar with project: Type of Work: (� i 6 V�- &4)rtk Contract amount: .......,... •��'� Date completed: � 1 Amount of work done by my/our firm under contract$, .,��„ � Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names,addresses,and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I-C-14 Agreement No. 4542 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 CompanyName: I� '�' ►�(1t1�N std,°� . .,. .., PIease state all instances of being disqualified,removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No -fr 2. If yes, explain the circumstances: Bidder's. 'e Name (Please Print) I-C-15 Agreement No. 4542 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] CITY ON-CALL HVAC MAINTENANCE CONTRACT, PROJECT NO.: PW 13-17 CompanyName: l �,� r" °at. ry r,.► t' - Tv�� To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum,with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City,its officials,and employees as"additional insureds"under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an"occurrence,"not a "claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92,including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement,endorsements as required herein,and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII." Certificate(s)must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage,because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal"nonresponsive." I / p- Date Bidder's Signature I-C-16 Agreement No. 4542 END PROPOSAL SECTION I-C-17 i �,I lira V li i�y of I, 6rvl I ii N u F.M. THOMAS AIR CONDITIONING' INC. YOUR COMMERCIAL SERVICE& CONTROLS SPECIALISTS. . . Since 1974 Contractor License#313574 Tel.800.660.0891 Fax:714.738.0886 www.fmthomas.com October 2,2013 City of EI Segundo 350 Main Street EI Segundo, Ca 90245 Attn: Public Works Department RE: Contract PW 13-17 F.M.Thomas bid document correction Public Works, This letter is in reference to bid contract PW 13-17, page I-C-3b, sections 14 and 15 regarding materials and equipment markup, F.M.Thomas Air Conditioning mistakenly wrote down 20%as the markups. The correct markup percentages are 15%as identified on the attached corrected form. apologize for the error. Thank you for your consideration and I look forward to working with the City of EI Segundo moving forward. Respectfully yours, Michael Feyka, Vice President. F. M.Thomas Corporate Office Location 1 231 Gemini Avenue, Brea, CA 92821 1 Phone: 714.738.1062 Coachella Valley 1 46-660 Washington Suite 1, La Quinta, CA 92253 1 Phone: 760.564.6060 Agreement No. 4542 Company Name: 4' 't`,, `M ,.}:i'`� °"r" Crpfi i . ,d "bra°tt� 'sy �i�-r✓ l _. _....-_. .._... ._._. _ REGULAR OVERTIME p OVERTIME ! 0VERTll41E ITEM WEEKDAY WEEKEND HOLIDAY NO. DESCRIPTION HOURLY HOURLY HOURLY HOURLY RATE, HOURLY RATE* RATE 5 HVAC Supervisor/Site Foreman $ /I o ' UD $ $ $ 6 Skilled HVAC Worker $ }I a uu $ } v $ / $ 1 ,3 7 HVAC Apprentice $ `30. rry $ } -3 $ j 35.vv $ 141-� 8 HVAC Laborer skilled $ o w $ 1 $ $ / 9 HVAC Laborer(unskilled) $ '76.vv $ i -,5 $ 13 5,&,1, $ 10 Safety person/Crew leader $ )/a , '-V $ $ •�v Other Labor Rate: Specify Type of I1 $ $ $ $ Labor i Other Labor Rate: Specify Type of 12 $ $ $ $ Labor 13 Minimum Hours (if any) - - --- Markup percentage(%),if any,off 14 wholesale invoice cost for materials will be a r Markup percentage(%)for rented 15 equipment will berx ?3'.c.o96 *Note: If Saturday and Sunday overtime hourly rates differ,please note the hourly rates on a separate sheet for applicable Items 5-12 Note: Invoices for work performed shall require a copy of materials receipt and a copy of the rented equipment receipt, if applicable, to be included. Failure to provide cost-plus percentage for materials may result in an at-cost payment from the City. Marl.-up costs shall not exceed 15% of the original materials or rental equipment cost to the contractor. 1-C-:1b Agreement No. 4542 CITY OF EL SEGUNDO CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 http://www.elsegundo.org/depts/works/bids---yfps.asp http://www.elsegundo.org/depts/works/project request contact_form.asp MANDATORY PRE-BID MEETING MONDAY, SEPTEMBER 16, AT 10:00 AM IN CITY COUNCIL CHAMBERS BIDS DUE TUESDAY, SEPTEMBER 24, AT 11:00 AM Agreement No. 4542 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, SEPTEMBER 24, 2013 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED i Agreement No. 4542 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II-B-25 thru II-B-26 "LIABILITY INSURANCE". ONLY CONTRACTORS ABLE TO OBTAIN AND FURNISH THE REQUIRED COVERAGE AND ENDORSEMENT"ISO"FORMS SHOULD CONSIDER SUBMITTING A BID PACKAGE. The Contractor will be required to apply and obtain an Encroachment Permit from the City Public Works Department as well as any applicable Building/Safety Permit from the City Building Planning and Building Safety Department. The permits will be issued on a"no-fee"basis. The Contractor shall be responsible for calling the Building Safety Division for inspections. All noted deficiencies shall be corrected by the contractor.The project will not be accepted as complete until the contractor obtains a final sign-off from the Department of Planning and Building Safety. 3 Agreement No. 4542 TABLE OF CONTENTS SECTION I—LEGAL PAGE A. NOTICE INVITING SEALED BIDS I-A-1 TO A-2 B. INSTRUCTIONS TO BIDDERS I-B-1 TO B-4 1. PLANHOLDER QUESTIONS I-B-1 2. PROPOSAL FORMS I-B-1 3. PROPOSAL GUARANTEE I-B-1 4. DELIVERY OF PROPOSAL I-B-1 5. WITHDRAWAL OF PROPOSALS I-B-2 6. IRREGULAR PROPOSALS I-B-2 7. TAXES I-B-2 8. DISQUALIFICATION OF BIDDERS I-B-2 9. DISCREPANCIES AND MISUNDERSTANDINGS I-B-2 10. LEGAL RESPONSIBILITIES I-B-3 11. AWARD OF CONTRACT I-B-3 12. AWARD OF ALTERNATE BIDS I-B-3 13. PREVAILING WAGES AND PAYROLL RECORDS I-B-3 C. PROPOSAL I-C-1 TO C-17 1. PROPOSAL, FIRST PAGE I-C-1 2. BID SCHEDULES I-C-3a 3. BIDDER'S INFORMATION I-C-4 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT I-C-6 5. PROPOSAL GUARANTEE BID BOND I-C-7 6. CONTRACTOR'S LICENSE DECLARATION I-C-8 7. NON-COLLUSION AFFIDAVIT I-C-9 8. WORKER'S COMPENSATION CERTIFICATION I-C-10 9. DESIGNATION OF SUBCONTRACTORS I-C-11 10. REFERENCES I-C-12 11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS I-C-15 11. INSURANCE REQUIREMENTS I-C-16 D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT I-D-1 TO D-5 E. FAITHFUL PERFORMANCE BOND I-E-1 TO E-3 F. MATERIAL AND LABOR BOND I-F-1 TO F-3 a Agreement No. 4542 SECTION II—GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II-A-1 TO A-4 1. REGISTRATION OF CONTRACTORS II-A-1 2. INSURANCE AND CITY BUSINESS LICENSE II-A-1 3. EMERGENCY INFORMATION II-A-1 4. FURNISHING OF WATER II-A-1 5. CALIFORNIA—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION II-A-1 6. SOUND CONTROL II-A-2 7. AIR POLLUTION CONTROL II-A-2 8. WORKER UNIFORMS II-A-2 B. STANDARD SPECIFICATIONS II-B-1 TO B-34 0-1 STANDARD SPECIFICATIONS II-13-1 0-2 NUMBERING OF SECTIONS II-B-1 0-3 MODIFICATIONS II-13-1 1-2 DEFINITIONS II-13-1 1-2.1 ADDITIONAL DEFINITIONS II-B-1 1-3 ABBREVIATIONS II-B-2 2-0 SCOPE AND CONTROL OF WORK II-B-3 2-1.1 ACCESS TO PROJECT SITE II-B-3 2-1.2 OWNERSHIP AND USE OF CONTRACT II-B-3 DOCUMENTS 2-3 SUBCONTRACTS II-13-3 2-3.1 GENERAL II-B-3 2-3.2 ADDITIONAL RESPONSIBILITY II-B-4 2-4 CONTRACT BONDS II-B-4 2-5 PLANS AND SPECIFICATIONS II-B-4 2-5.1 GENERAL II-B-5 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS II-B-5 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS II-B-6 2-8 RIGHT-OF-WAY II-13-6 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES II-B-6 2-9 SURVEYING II-B-6 2-9.3 SURVEY SERVICE II-B-6 2-9.3.1 CONSTRUCTION SURVEYING II-B-6 2-9.3.2 MEASUREMENT AND PAYMENT II-B-7 3-3.2.2 BASIS FOR ESTABLISHING COSTS II-B-7 ii Agreement No. 4542 SECTION II—GENERAL REQUIREMENTS (Continued) PAGE 3-3.2.3 MARK UP H-B-7 3-3.3 DAILY REPORTS BY CONTRACTOR H-B-8 3-4 CHANGED CONDITIONS II-B-8 3-5 DISPUTED WORK II-B-9 4-1.3 INSPECTION REQUIREMENTS H-B-9 4-1.3.1 GENERAL II-B-9 4-1.3.2 INSPECTION OF MATERIALS NOT II-B-10 PRODUCED LOCALLY 4-1.6 TRADE NAMES OR EQUALS II-B-10 5-2 PROTECTION II-B-11 5-2.1 INCORRECT LOCATION OF UTILITIES II-B-11 5-4 RELOCATION H-B-11 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL H-B-11 OR RELOCATION 5-5 DELAYS II-B-11 5-5.1 CALCULATING IDLE TIME II-B-11 6-1 CONSTRUCTION SCHEDULE AND II-13-12 COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE II-13-12 6-1.2 CONTENT OF CONTRACT SCHEDULE H-B-12 6-1.3 EFFECT OF CONTRACT SCHEDULE II-B-12 6-1.4 COMMENCEMENT OF CONTRACT TIME II-13-13 6-4 DEFAULT BY CONTRACTOR H-B-14 6-4.1 GENERAL II-B-14 6-4.2 TERMINATION OF CONTRACTOR'S II-13-14 CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL II-B-14 6-6 DELAYS AND EXTENSIONS OF TIME II-B-15 6-6.1 GENERAL II-B-15 6-6.2 EXTENSION OF TIME H-B-16 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR II-B-16 6-6.4 WRITTEN NOTICE AND REPORT II-B-16 6-7.2 WORKING HOURS II-B-16 6-7.4 NIGHT WORK II-B-16 6-7.5 WEEKEND AND HOLIDAY WORK II-B-17 6-8 COMPLETION AND ACCEPTANCE II-B-17 6-8.1 GENERAL GUARANTY II-B-17 6-9 LIQUIDATED DAMAGES H-B-17 6-9.1 FAILURE TO COMPLETE WORK ON TIME II-B-17 6-11 DISPUTES AND CLAIMS; PROCEDURE II-B-18 6-11.1 GENERAL H-B-18 6-11.2 FORM II-B-18 iii Agreement No. 4542 SECTION II—GENERAL REQUIREMENTS (Continued) PAGE 6-11.3 CLAIMS SUBMITTED TO ENGINEER II-B-20 6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY II-B-20 6-11.5 DECISION ON CLAIMS II-13-20 6-11.6 APPEAL OF ENGINEER'S DECISION H-B-21 6-11.7 MEDIATION II-13-21 6-11.8 ARBITRATION II-B-21 6-11.9 WHEN ARBITRATION DECISION BECOMES II-B-22 BINDING 6-11.10APPEAL TO SUPERIOR COURT; WAIVER II-13-22 OF JURY TRIAL 7-2 LABOR II-B-22 7-2.3 PREVAILING WAGES II-B-23 7-2.4 RECORD OF WAGES PAID; INSPECTION II-B-24 7-3 LIABILITY INSURANCE II-B-24 7-3.1 GENERAL II-B-24 7-3.2 RESPONSIBILITY FOR DAMAGE II-B-26 7-5 PERMITS II-B-27 7-8.1 CLEAN UP AND DUST CONTROL II-13-28 7-8.1.1 GENERAL II-B-28 7-8.1.2 WATERING II-B-28 7-8.6 WATER POLLUTION CONTROL II-13-28 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS II-B-29 7-10 PUBLIC CONVENIENCE AND SAFETY H-B-29 7-10.1 TRAFFIC AND ACCESS II-13-29 7-10.2 STREET CLOSURES,DETOURS,BARRICADES II-13-30 7-10.5 PROTECTION OF THE PUBLIC II-B-30 7-15 HAZARDOUS MATERIAL II-13-31 9-2 LUMP SUM WORK II-13-32 9-3.2 PARTIAL AND FINAL PAYMENTS II-B-32 9.3.3 DELIVERED MATERIALS II-13-34 100-ITERMINATION OF AGENCY LIABILITY II-13-34 iv Agreement No. 4542 SECTION III—SPECIAL PROVISIONS PAGE 1-0 GENERAL SCOPE, TIME FOR COMPLETION AND LOCATION OF WORK III-A-1 2-0. NOTIFICATIONS III-A-3 3-0. MOBILIZATION III-A-3 4-0. REQUIREMENTS III-A-4 5-0. BEST VALUE EVALUATION AND CRITERIA III-A-5 6-0. AGREEMENT - GENERAL III-A-6 7-0. Section 7-0 not used. III-A-6 8-0. WORKMANSHIP III-A-7 9-0. WORKFORCE III-A-8 10-0. CONTRACTOR GENERAL REQUIREMENTS AND RESPONSIBILITIES III-A-8 11-0. DESIGNATED CONTACT PERSON III-A-8 12-0. WORK ORDER REQUIRED III-A-9 13-0. RESPONSE TIME III-A-9 14-0. REGULAR AND OVERTIME WORK HOURS III-A-10 15-0. SAFETY III-A-10 16-0. WORK PLANS AND ESTIMATES III-A-11 17-0. CITY NOTICE TO PROCEED FOR ON-CALL PROJECTS III-A-12 18-0. MATERIALS DELIVERY AND STORAGE III-A-13 19-0. REPORTS III-A-14 20-0. PERMITS III-A-14 21-0. DAMAGE III-A-14 22-0. INVOICE REQUIREMENTS III-A-15 23-0. BACKGROUND CHECKS III-A-16 24-0. DELIVERY OF SERVICES III-A-16 25-0. REPLACEMENT PARTS AND MATERIALS III-A-17 26-0. WARRANTY III-A-18 v Agreement No. 4542 SECTION IV— PREVENTIVE MAINTENANCE HVAC SERVICES PAGE 1-0. SCOPE OF SERVICES IV-A-1 2-0. QUARTERLY SERVICE ADDITIONAL ACTIVITIES IV-A-2 3-0. PREVENTIVE MAINTENANCE REGULARLY SCHEDULED ACTIVITIES IV-A-3 4-0. SUMMARY OF MAINTENANCE ITEMS IV-A-8 SECTION V—ON-CALL HVAC SERVICES PAGE 1-0. ON-CALL HVAC SERVICES V-A-1 2-0. ON-CALL NON-EMERGENCY HVAC SERVICE CALLS V-A-1 3-0. EMERGENCY HVAC SERVICE CALLS V-A-1 APPENDICES 1-0. CITY FACILITIES MAP 2-0. EQUIPMENT SCHEDULE vi Agreement No. 4542 NOTICE INVITING SEALED BIDS FOR THE CITY ON-CALL HVAC MAINTENANCE CONTRACT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 13-17 PUBLIC NOTICE IS HEREBY GIVEN that the City of El Segundo invites sealed bids for the above project and will receive such bids in the offices of the City Clerk, 350 Main Street, El Segundo, California 90245, up to the hour of 11:00 a.m. on: TUESDAY, SEPTEMBER 24,2013 at which time they will be publicly opened. Copies of the Plans, Specifications, and Contract Documents are available from the Engineering Division of the Public Works Department, City of El Segundo, 350 Main Street, El Segundo, California, 90245. Plans And Specifications are alternately available electronically via http://www.elsegundo.org/depts/works/project_request_contact_form.asp A pre-bid meeting is scheduled for Monday, SEPTEMBER 16, at 10:00 am, at the City Council Chambers, 350 Main Street in El Segundo, CA 90245. Bidders' attendance at this meeting is mandatory. Questions regarding the bid shall be submitted by 3:00 PM on Wednesday, September 18, 2013 to lattp://www.clseeiiiicio.oars-,/det.)ts/wot-ks/i)i° sect re(mest c.oiltaact. for ni.asm Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo will deduct a five percent(5%)retention from all progress payments as specified in Section 9-3.2 of these Specifications. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry,sex,or religion in any consideration leading to the award of contract. continued on next page........ I-A-1 Agreement No. 4542 In entering into a Public Works contract,or a subcontract,to supply goods,services,or materials pursuant to a public works contract,the CONTRACTOR,or SUB-CONTRACTOR,offers and agrees to assign to the awarding body all rights,title and interest in,and to,all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.Section 15)or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods,services,or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted to the City Clerk, 350 Main Street, City of El Segundo, in a sealed envelope plainly marked on the outside: CITY ON-CALL HVAC MAINTENANCE CONTRACT "SEALED BIDS FOR PROJECT NO.: PW 13-17 IN THE CITY OF EL SEGUNDO DO NOT OPEN WITH REGULAR MAIL" The bid must be accompanied by a bid bond, made payable to the City of El Segundo for an amount no less than ten percent (10%) of the amount bid for the base contract. No bid will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the State Business and Professions Code.For these projects,those acceptable classes of license shall be"A",or this (these)Specialty license(s): C-20 Warm—Air Heating, Ventilating and Air-Conditioning Contractor.The successful CONTRACTOR and his SUB- CONTRACTORS will be required to possess the correct license for their project classifications, and valid City Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids,to waive any irregularity,and to take all bids under advisement for a period of ninety (90) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officer(s) of the City of El Segundo. BY ORDER OF the City of El Segundo, California. Tracy Weaver City Clerk City of El Segundo I-A-2 Agreement No. 4542 INSTRUCTIONS TO BIDDERS SUBMIT PLANHOLDER OUESTIONS The release of the bid package begins a quiet period for potential Bidders participating in this project. The City of El Segundo realizes it is critical to provide Bidders with a vehicle to ask questions so that quality responses can be prepared. Questions shall be submitted in writing to project managers via the City website fit tp://,Www.els;c undo.o r0dentslwor s/ororq Li :st comact ft)rm.ast). Responses to all questions will be provided in writing to all Bidders in accordance with the schedule below. We will not identify companies or individuals that pose questions. Potential bidders shall not call City of El Segundo employees to discuss potential projects nor ask questions regarding the bid. Questions Due by 3:00 pm, 9/18/2013 Questions Answered by 9/23/2013 PROPOSAL FORMS Bids shall be submitted in writing on the Proposal forms provided by the City of El Segundo. One(1) set of these Proposal forms is inserted loose herein for use by the bidders.Bidders are required to submit one (1) original set of the proposal forms. All information requested therein must be clearly and legibly set forth in the manner and form indicated. PROPOSAL GUARANTEE Proposals must be accompanied by a proposal guarantee consisting of a bid bond payable to the City of El Segundo in the amount not less than ten percent (10%) of the total base contract amount bid. Any proposal not accompanied by such a guarantee will not be considered for contract award.If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the City of El Segundo. Following award of the contract,the proposal guarantees of all non-awardees will be released.The proposal guarantee of the successful bidder will be held until that bidder has properly executed all contract documents and the City Officials have executed the contract. DELIVERY OF PROPOSAL The Proposal shall be enclosed in a sealed envelope plainly marked on the outside, "SEALED BIDS FOR PW 13-17: CITY ON-CALL HVAC MAINTENANCE CONTRACT. DO NOT OPEN WITH REGULAR MAIL."Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to insure delivery of the proposal to the hands of the City of El Segundo's designated official prior to the bid I-B-1 Agreement No. 4542 opening time stipulated in the Notice Inviting Sealed Bids.Late proposals and/or facsimile proposals will not be considered. WITHDRAWAL OF PROPOSALS A proposal may be withdrawn prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids by a written request signed by the bidder. Such requests must be delivered to the City of El Segundo's official designated to receive the bids on the project.Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. IRREGULAR PROPOSALS Unrequested/unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.No oral,telegraphic,or telephonic proposal,modification,or withdrawal will be considered. TAXES No mention shall be made in the proposal of Sales Tax,Use Tax,City Business License,or any other tax, as all amounts bid will be deemed and held to include any such taxes, which may be applicable. DISOUALIFICATION OF BIDDERS In the event that any bidder acting as a prime contractor has an interest in more than one proposal,all such proposals will be rejected,and the bidder will be disqualified.This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. DISCREPANCIES AND MISUNDERSTANDINGS Bidders must satisfy themselves by personal examination of the work site,Plans,Specifications, and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No bidder shall at any time after submissions of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the City of El Segundo and clarified prior to the submission of proposals. I-B-2 Agreement No. 4542 LEGAL RESPONSIBILITIES All proposals must be submitted,filed,made,and executed in accordance with State and Federal laws related to bids for contracts of this nature whether the same is expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith. AWARD OF CONTRACT The award of contract,if made,will be to the lowest responsible bidder determined solely by the City of El Segundo. Additionally, the City of El Segundo reserves the right to reject any or all proposals, to waive any irregularity, and take the bids under advisement for a period of ninety (90) calendar days, all as may be required to provide for the best interests of the City of El Segundo.In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated. AWARD OF ALTERNATE BIDS If the bid proposal contains a base bid and additive or deductive alternate bid items, the City reserves the right to award or reject any, all, or a combination of alternate bids. The lowest responsible bidder will be determined based on the scope of the contract awarded by the City. PREVAILING WAGES AND PAYROLL RECORDS CONTRACTOR and subcontractors shall be required to comply with all applicable provisions of the State Labor Code. CONTRACTOR and subcontractors shall pay the minimum prevailing rates of per diem wages as determined by the State Department of Industrial Relations.A copy of the most recent prevailing rates are on file at the Engineering Division, 350 Main Street, El Segundo, CA 90245, which will be made available for inspection to any interested party on request. CONTRACTOR and subcontractors shall keep accurate payroll records. Upon request by the CITY, a certified copy of these records shall be furnished to the CITY or its authorized representative. Some federal fund projects are also required to comply with Federal Davis-Bacon Act wage requirements. If there is a conflict between the state wages and the federal wages,the higher of the wage rates for any particular classification shall apply. I-B-3 Agreement No. 4542 PROPOSAL FOR THE CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Date 120 Company Name: TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site,Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents,access and any other field conditions which may effect bid prices.If this proposal is accepted for award,BIDDER agrees to enter into a contract with the City of El Segundo at the unit and/or lump sum prices set forth in the following Bid Schedule.BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of El Segundo of the proposal guarantee accompanying this proposal. BIDDER understands that a bid is required for the entire work,that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.THE CITY OF EL SEGUNDO RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT.It is agreed that the unit and/or lump sum prices bid include all apparent expenses,taxes,royalties,and fees.In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City of El Segundo's notice of award of contract to the BIDDER,including sending by U.S.Mail a Public Works Contract for signature by the Awardee,the proceeds of the security accompanying this bid shall become the property of the City of El Segundo and this bid and the acceptance hereof may, at the City of El Segundo's option, be considered null and void. I-C-1 Agreement No. 4542 EOUAL EMPLOYMENT OPPORTUNITY COMPLIANCE BIDDER certifies that in all previous contracts or subcontracts,all reports which may have been due under the requirements of any agency,State,or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding. AFFIRMATIVE ACTION CERTIFICATION BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents. NONCOLLUSION AFFIDAVIT BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein;that no officer,agent,or employee of the City of El Segundo is personally interested, directly or indirectly,in this proposal;that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud. I-C-2 Agreement No. 4542 BID SCHEDULE CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Company Name: 1.PREVENTIVE MAINTENANCE (Bid. Table 1 of 2) ITEM ESTIMATED DESCRIPTION UNIT PRICE AMOUNT NO. QUANTITIES IN FIGURES 1 Lump Sum Spring Preventive Maintenance $ $ 2 Lump Sum Summer Preventive Maintenance $ $ 3 Lump Sum Fall Preventive Maintenance $ 1 $ 4 Lump Sum Winter Preventive Maintenance $ $ TOTAL PREVENTIVE MAINTENANCE BID ITEMS 1 THROUGH 4 $ TOTAL PREVENTIVE MAINTENANCE BID WRITTEN IN WORDS: 2. ON-CALL AND EMERGENCYSERVICES (Bid Table 2 of 2 continues on following page) Provide rates for all labor classifications applicable to the quoted service trade. Labor hourly rates shall be inclusive of all charges including but not limited to, equipment if not specified otherwise, travel, vehicles,construction vehicles, small tools, standard materials packages and expendables. Regular working hours shall be Monday to Friday, 8:00 am to 5:00 pm. Provide rates for weekday after hours,weekend and holiday work.*Compensation at the hourly rate will begin when work commences on site. If an Item number does not apply, please enter "Not Applicable" on the hourly rate line for that item. I-C-3a Agreement No. 4542 Company Name: REGULAR OVERTIME OVERTIME OVERTIME ITEM HOURLY WEEKDAY WEEKEND HOLIDAY NO. DESCRIPTION RATE HOURLY HOURLY HOURLY RATE RATE* RATE 5 HVAC Supervisor/Site Foreman $ $ $ $ i 6 Skilled HVAC Worker $ $ I $ $ 7 HVAC Apprentice $ $ $ $ 8 HVAC Laborer(skilled) $ $ $ $ 9 HVAC Laborer (unskilled) $ $ $ $ 10 Safety person/Crew leader $ $ $ $ Other Labor Rate: Specify Type of 11 $ $ $ $ Labor Other Labor Rate: Specify Type of 12 $ $ $ $ Labor 13 Minimum Hours (if any) Markup percentage (%), if any, off 14 wholesale invoice cost for materials will be ** I� Markup percentage(%) for rented 15 equipment will be I . * Note: If Saturday and Sunday overtime hourly rates differ,please note the hourly rates on a separate sheet for applicable Items 5-12 ** Note: Invoices for work performed shall require a copy of materials receipt and a copy of the rented equipment receipt, if applicable, to be included. Failure to provide cost-plus percentage for materials may result in an at-cost payment from the City. Markup costs shall not exceed 15% of the original materials or rental equipment cost to the contractor. I-C-3b Agreement No. 4542 BIDDER'S INFORMATION Company Name: BIDDER certifies that the following information is true and correct: Form of Legal Entity(i.e., individual, partnership, corporation, etc.) If corporation, State of Incorporation(i.e., California) Business Address Telephone No. Facsimile No. State Contractor's License No. and Class Original Date Issued Expiration Date The following are the names, titles, addresses, and phone numbers of all individuals,firm members,partners,joint venturers, and/or corporate officers having principal interest in this proposal: The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: I-C-4 Agreement No. 4542 BIDDER'S INFORMATION(CONTINUED) Company lame: Bidder shall list the name of the person who attended the mandatory pre-bid job meeting: Nanie: I-C- Agreement No. 4542 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles, hands, and seals of all aforenamed principals this day of , 20_. B1DDI4,R Subscribed and sworn to this day of , 20—. NOTARY PUBLIC I-C-6 Agreement No. 4542 PROPOSAL GUARANTEE BID BOND CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 KNOW ALL MEN BY THESE PRESENTS that, as BIDDER,and as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($__),which is ten (10%)percent of the total amount bid by BIDDER to the City of El Segundo for the above stated project,for the payment of which sum,BIDDER and SURETY agree to be bound,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas BIDDER is about to submit a bid to the City of El Segundo for the above stated project,if said bid is rejected,or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified,then this obligation shall be null and void,otherwise it shall remain in full force and effect in favor of the City of El Segundo. IN WITNESS WHEREOF the parties hereto have set their names,titles,hands, and seals this day of , 20 BIDDER* SURETY* Subscribed and sworn to this day of , 20 NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. I-C-7 Agreement No. 4542 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: , 20 3. BIDDER acknowledges that Section 7028.15(e)of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid,the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares,under penalty of perjury,that the representations made by the undersigned in this bid proposal are true and correct. Executed on , 20_, at (insert City and State where Declaration signed). Signature Typed Name Title Company Name I-C-8 Agreement No. 4542 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) being first duly sworn, deposes and say that he or she is of the party making the foregoing bid that the bid is not made in the interest of,or on behalf of,any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,communication,or conference with anyone to fix the bid price of the BIDDER or any other BIDDER,or to fix any overhead,profit,or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and further,that the bidder has not,directly or indirectly,submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Name of Bidder/Company Name Typed Name Date Title I-C-9 Agreement No. 4542 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: ( ) Dated this day of „ 20 I-C-10 Agreement No. 4542 DESIGNATION OF SUBCONTRACTORS CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Company Name: BIDDER will perform the majority of the work and proposes to subcontract certain portions of the work which are in excess of one-half of one percent (1/2 of 1%) of the bid and to procure materials and equipment from suppliers and vendors as follows: ...._.._._..�....... .... Description of Name of portion of Work Estimated Subcontractor Address Subcontracted $Amount ........,. .. _ _ -.µ_............................. Number and Street) (City,Zip Code) II i O Y 1-C-11 Agreement No. 4542 REFERENCES Company Name: The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: 1. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract$ Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: Date completed: Amount of work done by my/our firm under contract Did your firm have any financial interest in Project? I-C-12 Agreement No. 4542 3. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount:$ Date completed: Amount of work done by my/our firm under contract$ Did your firm have any financial interest in Project? Company Name: 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract Did your firm have any financial interest in Project? 5. Project Title: Location: Name and address of owner I-C-13 Agreement No. 4542 Name and current telephone number of person familiar with project: Type of Work: Contract amount: $ Date completed: Amount of work done by my/our firm under contract$ Did your firm have any financial interest in Project? Bidder may attach additional reference pages if necessary. The following are the names,addresses,and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds: I-C-14 Agreement No. 4542 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Company Name: Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No ❑ 2. If yes, explain the circumstances: Bidder's Signature Name(Please Print) I-C-15 Agreement No. 4542 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] CITY ON-CALL HVAC MAINTENANCE CONTRACT, PROJECT NO.: PW 13-17 Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying,at a minimum, with the limits set forth below: Tyne of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City,its officials,and employees as"additional insureds"under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88,or equivalent. Such insurance must be on an"occurrence,"not a "claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92,including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement,endorsements as required herein,and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VH." Certificate(s)must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage,because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal"nonresponsive." Date Bidder's Signature I-C-16 Agreement No. 4542 END PROPOSAL SECTION I-C-17 Agreement No. 4542 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 This CONTRACT is entered into this day of ,20 ,by and between the CITY OF El SEGUNDO, a general law city and municipal corporation ("the City") and ("the Contractor"). WORK. 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. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; The Contractor will furnish all of the labor; supplies and materials;equipment;printing; vehicles;transportation;office space and facilities;all tests,testing and analyses;and all matters whatsoever(except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. "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. CONTRACT SUM.The City agrees to pay the Contractor a sum not to exceed dollars ($ )for the Work in the manner set forth in the Contract Documents.The City may adjust this amount as set forth in the Contract Documents. TIME FOR PERFORMANCE. The Contractor will fully complete the Work within_ working days (the "Contract I-D-1 Agreement No. 4542 Time.") 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. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents;and The City gives the Contractor a written,signed,and numbered purchase order and notice to proceed. 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. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten(10)business days after the City receives such claims.Such notification will be in writing and forwarded in accordance with the"Notice"section of the Contract Documents. As more specifically detailed in the Contract Documents,the Contractor agrees to indemnify and defend the City against any third-party claim. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. PERMITS AND LICENSES. Unless otherwise provided,the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 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. INDEMNIFICATION.The Contractor agrees to indemnify,defend,and hold the City harmless as set forth in the Contract Documents.The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any I-D-2 Agreement No. 4542 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. INDEPENDENT CONTRACTOR.The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed.The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City.The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan,insurance,bonus or similar benefits the City provides for its employees.Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 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 there from,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. 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 Citv The Contractor Stephanie Katsouleas, Director of Public Works City of El Segundo 350 Main Street El Segundo, CA 90245 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. 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. I-D-3 Agreement No. 4542 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 Ventura County. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal Code § 110.03(B), the Contractor and all sub-contractors must obtain a City Business License before executing this Contract. EFFECT OF CONFLICT.In the event of any conflict,inconsistency,or incongruity between any provision of the Contract Documents, precedence will be as follows: This Contract; The Standard Specifications; and Precedence of documents as determined in the Standard Specifications. 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. AUTHORITY/MODIFICATION.The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment.The City's City Manager, or designee, may execute any such amendment on the City's behalf. 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. 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. CAPTIONS.The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 4542 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: CONTRACTOR: Greg Carpenter, City Manager Taxpayer ID Number: Contractor State License Number: Contractor City Business License Number: ATTEST: By: Tracy Weaver City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY By: Karl H. Berger, Assistant City Attorney I-D-5 Agreement No. 4542 FAITHFUL PERFORMANCE BOND CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Bond No. Bond Fee: ("PRINCIPAL") and a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY")in the sum of DOLLARS, which is a minimum one hundred percent(100%) of the contract amount, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond,for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. , and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking,it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. ,a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. )which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY.Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion,cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I-E-1 Agreement No. 4542 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation,the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment,power of attorney,bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. I-E-2 Agreement No. 4542 SIGNED AND SEALED this day of 1201 PRINCIPAL's PRESIDENT SURETY's PRESIDENT PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: NOTE: (1) AUsignatures must be acknowledged by a notary public. Return one (1)originals to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance ofthe job, I-E-3 Agreement No. 4542 LABOR AND MATERIALS BOND CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 Bond No. Bond Fee: as principal ("PRINCIPAL") and a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held and firmly bound unto the CITY OF EL SEGUNDO("CITY")in the sum of DOLLARS, which is a minimum one hundred percent (100%) of the contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors,and persons renting equipment;payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials,provisions,provender,or other supplies,and equipment used in, upon, for or about the performance of the work contemplated in , SPECIFICATIONS NO. ("Public Project"),the public works contract executed for such Public Project,and for all work or labor of any kind performed for the Public Project.In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW ,and the public works contract executed for such Specifications,copies of which is on file with CITY's Engineering Division("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. ), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies,for equipment used in, I-F-1 Agreement No. 4542 on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO.PW .or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered,revoked,cancelled,annulled,or suspended,or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. I-F-2 Agreement No. 4542 SIGNED AND SEALED this day of , 20 PRINCIPAL's PRESIDENT SURETY's PRESIDENT PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1) original to City Clerk's Office. (2) Bond shall be effective for one (1)year after acceptance of the job. I-F-3 Agreement No. 4542 SECTION II- GENERAL REOUIREMENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRATION OF CONTRACTORS No bid will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND CITY BUSINESS LICENSE CONTRACTOR and SUB-CONTRACTORS will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INFORMATION The names, addresses and telephone numbers of the CONTRACTOR and subcontractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. FURNISHING OF WATER Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the sum of Three Hundred Dollars($300.00)to insure against damage to a 21/z"Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the CONTRACTOR upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the CONTRACTOR, all or any part of said deposit may be retained by the City. 5. CALIFORNIA- OCCUPATIONAL SAFETY &HEALTH ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal-OSHA Rules and Regulations, latest edition. II-A-1 Agreement No. 4542 6. SOUND CONTROL The CONTRACTOR will comply with all local sound control and noise level rules,regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR POLLUTION CONTROL The CONTRACTOR is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the CONTRACTOR or his/her SUBCONTRACTOR will wear an orange vest or an orange shirt while working in the public right-of-way. II-A-2 Agreement No. 4542 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT STANDARD SPECIFICATIONS 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL Except as modified by these Standard Specifications,the provisions of the latest edition of the "Standard Specifications for Public Works Construction" and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NUMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with SSPWC numbering. 0-3 MODIFICATIONS To the extent that the provisions of the Contract Documents conflict with the SSPWC, the Contract Documents take precedence. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the SSPWC. 1-2.1 ADDITIONAL DEFINITIONS Acceptance—The date on which the City Council accepts the Work as complete. Architect,Design Engineers, Soils Engineer, Structural Engineers-Advisors employed by the City. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. City Council -The body constituting the awarding authority of the City. Compensable Delay-- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. 11-B-1 Agreement No. 4542 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(minimum 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 SSPWC.Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. PCC—California Public Contract Code. Prompt - The briefest interval of time required for a considered reply, including time required for approval of a governing body. Public Works Director—The City's Public Works Director, or designee. State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days -A working day is defined as any day, except Saturdays, Sundays,legal holidays and days when work is suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non-working in accordance with Subsection 6-7, "Time of Completion." 1-3 ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the SSPWC. 1-3.1 The following abbreviations are added to Subsection 1-3 of the SSPWC: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code SSPWC Standard Specification for Public Works Construction,2000 edition,and subsequent supplements prepared by Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association 1997 edition and subsequent supplements R-B-2 Agreement No. 4542 ASA American Standard Association CITY City of El Segundo SSP State of California Standard Plans, July 1995 edition SSS State of California Standard Specifications, July 1999 edition SECTION 2—SCOPE AND CONTROL OF WORK The following subsections 2-1.1 and 2-1.2 are added to the SSPWC. 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 SSPWC is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4100 et. seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications,in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work,constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid,to permit any subcontract to be assigned or H-B-3 Agreement No. 4542 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. 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 SSPWC. The Faithful Performance Bond and the Labor and Materials Bond must be paid up and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by Subsection 6-8.1. 2-5 PLANS AND SPECIFICATIONS Subsection 2-5.1 of the SSPWC is replaced by the following subsection. H-B-4 Agreement No. 4542 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 are no specific bid item will be included in the various items of work or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error,inconsistency,or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work. 2-5.2 PRECEDENCE OF CONTRACT DOCUMENT,' The following paragraph is added to subsection 2-5.2 of the SSPWC: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Engineer for such further explanations as may be necessary, and will conform thereto as part of the Contract so far as may be consistent with the terms thereof.Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. II-B-5 Agreement No. 4542 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work.Errors,inconsistencies,or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the SSPWC. 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. II-B-6 Agreement No. 4542 It is the responsibility of the Contractor to protect the survey control as shown on the plans.If the survey control is destroyed or disturbed during construction,the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate.Copies of all computations,survey notes,and other data(electronic format may be required) will be furnished to the Engineer before beginning work that requires their use. 2-9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3-3.2.2 (c), Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3-3.2.3 MARK UP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor.The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor............................................20 2) Materials ......................................15 3) Equipment Rental.........................15 4) Other Items and Expenditures......15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. (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 II-B-7 Agreement No. 4542 on work added in excess of$5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 DAILY REPORTS BY CONTRACTOR Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work,the Contractor may seek compensation in accordance with the Claims procedure.Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3-4 CHANGED CONDI"1"1ONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected ("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions),as provided in Subsection 6-11,so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will include, without limitation, the following: 1. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 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: II-B-8 Agreement No. 4542 1. The information is made available for the Bidders' convenience and is not a part of the Contract. 2. The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy,completeness,or relevancy. 3. Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information.Any such use or interpretation will not be the basis of any claim against the City. 3-5 DISPUTED WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work.Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under extra work provisions,the Contractor will keep and furnish records of disputed work as required by the Contract Documents. 4-1.3 INSPECTION REOUIREMENTS 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, at the Engineer's sole discretion. All other equipment items will be inspected and tested in accordance with the contract documents. II-B-9 Agreement No. 4542 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 EOUALS Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words"or equal". For the City's consideration of a proposed "equal" item, the Bidder will submit, a minimum of ten(10)calendar days before the date of the bid opening,documentation of the particulars of the proposed"equal item".At a minimum,the submitted documentation will include: ■ Written request with explanation of why the product should be considered as an equal product. ■ Material specifications. ■ Technical specifications. ■ Test data. ■ Samples. ■ Comparison chart of key specifications of the "equal" item against similar specifications of the specified item. ■ Work locations and reference telephone numbers of at least three (3) locations where the proposed "equal" item has been recently installed under similar conditions. ■ Warranty data. The Bidder will be notified by the Engineer whether or not the proposed"equal"product is acceptable to the City five(5)calendar days before the date of the bid opening.Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further II-B-10 Agreement No. 4542 consideration. 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the SSPWC. 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 SSPWC. 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 SSPWC. Actual loss,as used in this Subsection,will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers,cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection 5-5.1 and no markup will be added in either case for overhead and profit.The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5-5 of the SSPWC. 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. H-B-11 Agreement No. 4542 Worker idle time will be calculated in accordance with Subsection 3-3.2.2(a). 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORD,, Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pre-Construction Meetine: After contract award,the City will arrange for a pre-construction meeting to discuss the construction of the project.City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting. 6-1.1 CONTRACT SCHEDULE After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Engineer for review,as required by these Specifications within fifteen (15) days of award. 6-1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 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 II-B-12 Agreement No. 4542 by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted,the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan,develop,supervise,control,and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules,and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for,perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with(1)any assumption upon which such schedule is based or(2)any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors,or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6-1.4 COMMENCEMENT OF CONTRACT TIME 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. II-B-13 Agreement No. 4542 6-4 DEFAULT BY CONTRACTOR The language in subsection 6-4 is deleted in its entirety and replaced with the following subsections. 6-4.1 GENERAL Should the Contractor fail to begin delivery of material and equipment,to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City's interest, or if the Contractor is not carrying out the intent of the Contract,the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. 6-4.2 TERMINATION OF CONTRACTOR'S CONTROL OVER THE WORK The City may terminate the Contractor's control over the Work without liability for damages when,in the City's opinion,the Contractor is not complying in good faith,has become insolvent, or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the work completed and in place at the time of termination,less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control,the City may do any one, or combination of, the following: 1, Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive,or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-4.3 SURETY'S ASSUMPTION OF CONTROL Should the Surety assume any part of the Work,it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due II-B-14 Agreement No. 4542 the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises.The City may then take possession of all material and equipment and complete the Work by City's forces,by letting the unfinished work to another contractor, or by a combination of such methods.In any event,the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion,the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 6-6 DELAYS AND EXTENSIONS OF TIME Subsections 6-6.1 to 6-6.4 are deleted and replaced with the following subsections. 6-6.1 GENERAL If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include: war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, 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. II-B-15 Agreement No. 4542 6-6.2 EXTENSIONS OF TIME If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR Any payment for compensable delay will be based upon actual costs as set forth in Subsection 5-5 excluding,without limitation,what damages,if any,the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula. 6-6.4 WRITTEN NOTICE AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim. Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7.2 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 SSPWC: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. II-B-16 Agreement No. 4542 6-7.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 COMPLETION AND ACCEPTANCE Subsection 6-8 is deleted in its entirety and replaced by the following subsection: 6-8 COMPLETION AND ACCEPTANCE The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer,after notice to do so from the Engineer,and within the time specified in the notice.If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 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 LIOUIDATED DAMAGES Subsection 6-9, Liquidated Damages, of the SSPWC 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 II-B-17 Agreement No. 4542 and by reason of such delay,it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be$250 per calendar day. 6-11 DISPUTES AND CLAIMS; PROCEDURE 6-11.1 GENERAL Consistent with PCC § 10240.6, "Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error,or omission by the City,the Engineer,their agents or employees."Claim"does not mean, and the Claims procedures herein do not apply, to the following: 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. II-B-18 Agreement No. 4542 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. 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 II-B-19 Agreement No. 4542 PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE§72 AND CALIFORNIA GOVERNMENT CODE§ 12650,ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT,AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 CLAIMS SUBMITTED TO ENGINEER Within 30 days after the circumstances giving rise to a Claim occur,the Contractor will submit its Claim to the Engineer for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim,unless otherwise directed by the Engineer,the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 6-11.4 CLAIM IS PREREOUISITE 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 II-B-20 Agreement No. 4542 Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement substantially as follows: "This is a decision pursuant to the General Specifications of your contract. If you are dissatisfied with the decision, and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation. Should you fail to take appropriate action within 30 days of the date of this decision,the decision will be come final and binding and not subject to further appeal." 6-11.6 APPEAL OF ENGINEER'S DECISION Should the Contractor dispute the Engineer's decision,then the Contractor must appeal that decision to the City's Public Works Director within 30 days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The Public Works Director's decision on the dispute or claim will be the City's final decision. If the Contractor disputes the Public Works Director's decision,then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 days of the City's final decision. 6-11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association("AAA") under its Construction Industry Mediation Rules,unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation. The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. 6-11.8 ARBITRATION If the City and Contractor do not agree to mediation,then a disputes will be submitted to neutral non-binding(except as provided herein)arbitration.Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. II-B-21 Agreement No. 4542 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 SSPWC. II-B-22 Agreement No. 4542 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 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. H-B-23 Agreement No. 4542 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 SSPWC is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER ISO FORM COMBINED OCCURRENCE SINGLE LIMIT Comprehensive General Liability CG 20 10 1185 or 88 „ Business Auto CA 00 01 01 87 $1,000,000 Workers' Compensation Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the II-B-24 Agreement No. 4542 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor;or automobiles owned,leased,hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City,its officers,officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers,officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKERS' COMPENSATION: The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. ALL COVERAGES: Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended,voided,cancelled by either party,reduced in coverage or in limits except after thirty(30)days written notice by certified mail,return receipt requested,has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten(10 day notification for non-payment of premium.The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or self-insured retentions will be declared to and II-B-25 Agreement No. 4542 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.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:VH.Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10,the Contractor will save,keep and hold harmless the City,its officers, officials, employees, agents and volunteers from all damages,costs or expenses in law or equity that may at any time arise or be claimed because of damages to property,or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. 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. 7-3.2 RESPONSIBILITY FOR DAMAGE In addition to the provisions of Subsection 7-3 of the SSPWC as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. II-B-26 Agreement No. 4542 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 Standard Specifications. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor,regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City,or its representatives in processing or accepting any plans,in releasing any bond,in inspecting or accepting any work,or of any other nature,will in any respect relieve the Contractor or anyone else from any legal responsibility,obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of SSPWC: 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 II-B-27 Agreement No. 4542 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 SSPWC 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. 7-8:6 WATER POLLUTION CONTROL This section is supplemented by the addition of the following requirements which establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as,construction waste,soil,slurry from concrete/asphalt concrete saw cutting operations,clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or 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 II-B-28 Agreement No. 4542 amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Section 7-9 is supplemented by the following additional requirements: Where existing traffic striping,pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor's operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements. Relocations, repairs, replacements, or re-establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified. 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 II-B-29 Agreement No. 4542 travel on all streets at all times except as permitted by the Engineer.The traffic lanes will be maintained on pavement,and will remain unobstructed.All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five feet to the edge of any excavation and 2 feet to the face of any curb, pole,barricade, delineator, or other vertical obstruction. One four(4)foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets.The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades(minimum two(2))at each location,one(1)at each end of the obstruction or excavation),which will have flashing lights during darkness.Barricades will be Type I or Type 11 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 for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain. Where access to driveway or street crossings need to be maintained,minimum 11/4 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 II-B-30 Agreement No. 4542 require that immediate and unusual provisions be made to protect the public from danger or loss of life,or damage to life and property,due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety,protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when,in the opinion of the Engineer,immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract,the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor.Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7-15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the SSPWC: 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 SSPWC. 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 II-B-31 Agreement No. 4542 be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the SSPWC. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste, or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the SSPWC. 9-2 LUMP SUM WORK Subsection 9-2, Lump Sum Work, of the SSPWC 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. II-B-32 Agreement No. 4542 It will take a minimum of thirty-five (35)calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor.However,payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions. The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount,for approval by the City, upon field acceptance of the work by the City Engineer. The City Engineer upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work.Not less than thirty-five(35)calendar days from the City Council acceptance of the work, the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub-contractors, other governmental agencies,and private property owners.Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount will be withheld from the final payment. The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value. 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. II-B-33 Agreement No. 4542 9-3.3 DELIVERED MATERIALS Materials and equipment delivered or stored,but not incorporated into the work,will not be approved for progress payments. 100-1 TERMINATION OF AGENCY LIABILITY Before receiving final payment,the Contractor will execute a Release on Contract"form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. -END OF SECTION- II-B-34 Agreement No. 4542 SECTION III—SPECIAL PROVISIONS 1-0. GENERAL SCOPE, TIME FOR COMPLETION AND LOCATION OF WORK 1-1. General Scope of Work The City of El Segundo invites Proposals from Warm-Air Heating,Ventilating and Air Conditioning (HVAC) contractors to provide routine and on-call HVAC/heating/air conditioning maintenance services. Services solicited include all labor, materials, tools, equipment and supplies required to perform preventive and predictive maintenance,on-call,and emergency services(Services)for heating,air conditioning, and ventilation units in various City-owned or occupied buildings. Services will be required four times a year (quarterly) for preventive maintenance, and on an "as needed-basis, (24 hours, 7 days a week, 365 days per year)" for small, unplanned, and/or emergency repair services, as listed in the Specifications. The Contractor will perform various HVAC,heating and air conditioning maintenance, repair or new installation service work; seasonal inspections of heating and AC equipment to ensure proper operation;and other sundry work as requested by the City that requires the expertise of a licensed professional HVAC, heating and cooling contractor. The contractor shall be employed in the field of installation, sales and repair of HVAC/heating/air conditioning systems similar to the equipment used by the City. All bidders must be qualified to perform service on HVAC and Mechanical systems, including incidental electrical work, and must have demonstrated a past history of responsiveness, technical expertise, and professionalism in this field. 1-2. Purpose:Heating,ventilation,and air conditioning systems in all City facilities require preventive maintenance several times a year to keep the equipment within those systems in good operation condition, and to predict the need for parts replacement or repairs. The professional firm that the City retains for this contract will service municipal HVAC equipment on a quarterly basis, provide the City with recommendations as to additional future parts replacement or repairs that will keep each HVAC system in good operating condition,provide the City with on-call services for non-emergency repairs, and provide the City with on-call emergency services. On-call services for non-emergency repairs may consist of the Contractor's inspection and written estimate for a City request for service per the contract rate for time and materials, and subsequent performance of the repairs with City approval. The successful contractor for a project will receive payment in arrears for satisfactory services and supplies based on actual labors hours worked and supplies installed or consumed(plus negotiated markup). III-A-1 Agreement No. 4542 This mechanical maintenance includes all parts,labor and materials necessary to make the following repairs and if needed the replacement of any units, including: • Water circulating pumps as pertaining to heating and cooling systems • Water Regulating Valves • Float Valves • Supply and Exhaust Fans • Electric Motors • Belts • Electric Starters • Heating Coils • Cooling Coils • Belt Drives • All Water Strainers • Capacity and Safety Devices which control the equipment • Unit Heaters • Air Handling Units • Boilers and Controls • Compressors • Air Cooled Condensers • Packaged Rooftop Units 1-3. Working Days and Time for Completion Term: The term of this contract shall be for a period of five years from its effective date. Prices shall remain firm for the first twelve month period of the contract unless an exception is stated in the bid. A 3%(three percent)annual increase will be applied to the base bid fixed and hourly rates for services for the remaining four years.The low bid will be calculated based on a)the quarterly maintenance services and b)hourly rate applied to 20 hours of unscheduled service for one year. CONTRACTOR will commence work for this contract on the date specified in the Notice to Proceed and will complete quarterly work on the contract, under the supervision of the Maintenance Supervisor,within 5five CALENDAR YEARS after the date of commencement. The schedule for quarterly work in subsequent years will be scheduled similarly and accordingly. 1-4. Location of the Work Preventive maintenance services shall be provided at any City-owned facilities as necessary and as determined by City staff. City facilities include but are not limited to those shown on the map included with these specifications for bidders' convenience. For on-call services the Maintenance Supervisor shall inform the Contractor,during the Contractor's callback for the on-call request,of the specific City location(s)requiring on-call work. III-A-2 Agreement No. 4542 2-0. NOTIFICATIONS The CONTRACTOR will notify at least one City representative in the order listed below for impacts to each related activity, a minimum of forty-eight (48) hours before start of routine maintenance service.The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE 1. Start of work, Martin Whitehead, Maintenance Supervisor 310-345-0157 shutdown of work, Ron Fajardo, General Services Manager 310-524-2715 or resumption of Floriza Rivera, Public Works Staff 310-524-2361 work after shutdown Stephanie Katsouleas,Director of Public Works 310-524-2356 2. Closing of streets El Segundo Police Department" 310-524-2200 El Segundo Fire Department" 310-524-2236 **The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 2. City of El Segundo - Recreation and Parks 310-524-2707 3. Southern California Gas Company 310-671-9002 4. Southern California Edison Company(SCE) 310-417-3366 5. Pacific Bell 310-515-4430 6. Time Warner Communication(Cable) 310-768-0400 Extension 414 7. Los Angeles County Sanitation District 310-699-7411 8. El Segundo Unified School District 310-615-2650 III-A-3 Agreement No. 4542 3-0. MOBILIZATION 3-1. Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: a. Obtaining and paying for all required bonds, insurance, permits, and licenses b. Moving on to the site of all Contractor's equipment required for maintenance and repairs c. Posting all OSHA required notices d. Submittal of Construction Schedule,Contractor Contact List,reports,and estimates to City staff for City approval e. Notification of City staff as necessary f. Re-notification of City staff for all construction schedule changes g. Preparation and cleaning of work area as necessary in order to implement repairs h. Restoration of any public property damaged during construction to existing standard conditions upon demobilization i. Demobilization 4-0. REQUIREMENTS: The opening of a bid shall not be construed as the City's acceptance of such as qualified and responsive. All Contractors shall: a. Be firms,corporations,individuals or partnerships normally engaged in the sale and distribution of commodity or provision of the services as specified herein; b. Have adequate organization,facilities, equipment and personnel to ensure prompt and efficient service to the City; 4-1. SUBCONTRACTORS: The Contractor shall not subcontract projects out to a Third Party.The City seeks to do business directly with a skilled Contractor who will remain on site for the duration of the project or assign a designated skilled employee on the Contractor's staff to be the City's primary point of contact. All work will be performed with personnel regularly employed by the Contractor. 5-0. BEST VALUE EVALUATION AND CRITERIA: All solicitations received may be evaluated based on the best value for the City.In determining best value,the City may consider: a. Purchase price; b. Reputation of Contractor and of Contractor's goods and services; c. Quality of the Contractor's goods and services; d. The extent to which the goods and services meet the City's needs; e. Contractor's past relationship with the City; f. The total long-term cost to the City to acquire the Contractor's goods or services; g. Any relevant criteria specifically listed in the solicitation. III-A-4 Agreement No. 4542 6-0. AGREEMENT- GENERAL 6-1. A binding agreement shall consist of. the Notice Inviting Bids for this project, these specifications and any addendums or amendments thereto,(2)the contractor's response (bid) to the Notice Inviting Bids, (3) clarification of the bid, if any, including any applicable Addendums and(4)the City Council's acceptance of the bid. All Exhibits and Attachments included in these specifications shall be incorporated into the final agreement by reference. 6-2. Before providing equipment, supplies, and/or services, the contractor must receive authorization from the Maintenance Supervisor or his/her designated representative prior to any services being performed or Contractor personnel appearing onsite. 6-3. Any change to the agreement,whether by modification and/or supplementation,must be accomplished by a formal Change Order or formal Amendment signed and approved by and between the duly authorized representative of the Contractor and the City or by a field work-order prior to the effective date of such modification. The Contractor expressly and explicitly understands and agrees that no other method and/or no other document,including correspondence from the City,acts, and oral communications by or from any person, shall be used or construed as an amendment or modification to the agreement. 6-4. Agreement Period:The agreement shall remain in effect for a period of five years from its effective date.. 6-5. The City reserves the right to review the Contractors' performance at the end of each year and cancel all or part of the agreement(s)or continue the agreement(s)through the next period. 6-6. If the Contractor fails to perform its duties in a reasonable and competent manner,the City shall give written notice the Contractor of the deficiencies and the Contractor shall have thirty(30) days to correct such deficiencies.If the Contractor fails to correct the deficiencies with the thirty(30)days,the City may terminate the agreement by giving the Contractor written notice of termination and the reason for the termination. 6-7. If the agreement is terminated, for any reason, the Contractor shall turn over all records, to include but not be limited to the following: records of repairs, services, deliveries, and replacement parts, to the City within fifteen (15) working days after completion of duties contained in the agreement. 7-0. Section 7-0 not used. 8.0. WORKMANSHIP: Only first-class work shall be performed and all materials furnished in carrying out this agreement shall be of character and quality as required by the project specifications. Where no standard is specified,for such work or materials, they shall be the best of their respective trade and be compliant with all applicable code requirements.All materials used in any project shall be new unless pre-approved by the III-A-5 Agreement No. 4542 City's designated representative. At the conclusion of the project,the Contractor shall demonstrate to the City's designated representative that the work is fully operational and in compliance with contract specifications and codes. Any unsatisfactory work done or materials furnished at whatever time they may be discovered shall be promptly and permanently corrected at the sole expense of the Contractor prior to final acceptance of work when notified to do so by the authorized City representative.The Contractor shall at all times keep the adjacent areas of the work site free from rubbish and the accumulation of any waste materials. It is the Contractor's responsibility to properly dispose of all rubbish and waste materials according to applicable federal, state, and local health, safety, and environmental laws,ordinances,rules and regulations.Should the Contractor neglect or refuse to remove such unsatisfactory work or materials within forty eight (48) hours after the receipt of the above mentioned notice, or if they fail to make satisfactory progress in doing so, the City may cause said work or materials to be removed and satisfactorily replaced by contract or otherwise and the expense thereof shall be charged to the Contractor. Such expense shall be deducted from any monies due or to become due the Contractor under the agreement. 9-0. WORKFORCE: The Contractor and all employees shall perform the services in a timely, professional and efficient manner. The City reserves the right to remove any employee from City property for violation of federal,state,and local health,safety and environmental laws, ordinances, rules and regulations. 9-1. The Contractor shall employ all personnel for work in accordance with the requirements set forth by the United States Department of Labor.The City reserves the right to verify citizenship or right to work in the United States. The Contractor shall process background checks on all employees assigned to a project prior to commencement of work to the City's designated representative. 9-2. The Contractor's service personnel shall each have a minimum of five(5)years training and experience in servicing HVAC equipment and they shall be regularly employed by The Contractor. The Contractor's service personnel shall be equipped with the equipment manufacturer's approved tools for testing and servicing. In addition, The Contractor's service personnel shall operate out of an adequately stocked service van. 9-3. The Contractor shall provide the assigned service personnel with a copy of the installed HVAC equipment manufacturer's manuals to be used to effectively service the systems. 9-4. The City will provide the Contractor, the Designated Contact person, and any employees required for the work, access to the sites where services are required upon approval of the City's designated representative. If required for certain locations, the City's designated representative shall issue security badges to all Contractor's employees assigned to a project.All employees shall be required to wear the badge in a visible manner at all times while on City property. III-A-6 Agreement No. 4542 10-0. CONTRACTOR GENERAL REQUIREMENTS AND RESPONSIBILITIES: The following contains the minimum requirements and experience for HVAC services required by the City. The Contractor shall ensure that all personnel are skilled and qualified to perform the services as requested per the state classification that applies to the Contractor's company. 10-1. The Contractor shall possess and keep in force all licenses and State Certifications on all technicians and be licensed in the State of California with permits required to perform the services of this Agreement. 10-2. The Contractor shall be responsible for obtaining all necessary permits. All required permits shall be invoiced at the actual cost. Permits issued by the City of El Segundo shall be no-fee permits. 10-3. All work performed under this contract shall meet all applicable state requirements and codes. 10-4. The Contractor shall ensure that the Maintenance Supervisor has been informed of the Contractor's personnel being onsite 48 hours in advance. The Contractors employees must first meet with the Maintenance Supervisor or other designated City personnel when they arrive at the City. a. Each day when coming to work on a project, the contractor must notify the designated City personnel prior to proceeding to their worksite. Likewise, when leaving for the day, the contractor must notify the designated City personnel to notify the City of his departure. b. Advance notice is not required for on-call or emergency situations. However,the Contractor shall inform the Maintenance Supervisor or other designated City personnel of the dispatch order and estimated time of arrival as soon as possible before any Contractor employees appear onsite. 10-5. The Contractor shall ensure all staff are wearing clearly visible identification badges (company name/first name) and/or company uniforms when working on a job site for the City. 10-6. The Contractor shall provide all supervision, labor, tools, equipment, supplies, parts and materials necessary to perform HVAC services in a variety of City facilities. The Contractor's foreman must be able to work unsupervised and run a crew. The Contractor shall be responsible for the conduct and performance of the Contractor's employees. All work will be performed with personnel regularly employed by the Contractor or identified in the response document as a subcontractor, unless preapproved by the City. 10-7. The contractor must be familiar with and have a working knowledge of all tools and equipment applicable to the specific HVAC trade required, and have extensive knowledge of materials used in that trade. 10-8. The Contractor shall have at least five(5)years'commercial experience and possess all III-A-7 Agreement No. 4542 the necessary tools required to complete projects specified by the City. 10-9. Contractor shall possess and keep in force all licenses and State Certifications on all technicians/employees performing the work,and be licensed in the State of California with permits required to perform the services of this Agreement. 10-10. Bond shall be effective for one (1) year after acceptance of the job. For a multi-year contract,the Contractor shall ensure that bonds are renewed annually until the contract is terminated. 10-11. Contractors are expected to utilize standard construction materials and practices while adhering to local building codes and standards. All materials and installation shall conform to all applicable Building Codes, the Uniform Electrical Code, the Uniform Plumbing Code,OSHA,or other authorizations necessary to carry out and perform the work required pursuant to all applicable Federal, State, and Local Laws, Statute, Ordinances, and rules and regulations of any kind. City Building and Public Works standards shall also be followed as required. 10-12. The Contractor's test instruments are to have up-to-date and valid calibration documentation. Documentation shall be provided upon request of the City. 10-13. All installations or repairs must be approved by a City representative before any service is performed. Payment will not be made for services rendered without receiving prior approval from the City. 10-14. The Contractor shall be responsible for the removal and proper disposal of all debris and trash before leaving the work area. Upon the completion of all of the work, the Contractor shall remove all of its tools, scaffolding,equipment and surplus materials, as well as all rubbish and waste resulting from the work. Upon the completion of the work, the site of the work shall be left "broom clean" or its equivalent, to the reasonable satisfaction of the City. The City will not be responsible for the Contractor's tools and equipment, including any loss, theft or damage thereto. 10-15. Some projects may require"shop time,"which shall be defined as any work performed off site, and shall be clearly identified for each project in any written cost estimate submitted by the Contractor. All shop time should be kept to an absolute minimum, and will be approved only when necessary and essential to the completion of a project. 10-16. The Contractor shall promptly inform the City in writing of any cause for delay in the performance of the Contractor's obligations under this Contract. 11-0. DESIGNATED CONTACT PERSON: In order to maintain consistent standards of quality work performed across the City, the city shall be provided with the names, telephone numbers, and email address of a Contractor-designated and identified crew leader/point of contact upon award of the contract. 11-1. This contact person shall remain the same throughout the term of the contractor upon III-A-8 Agreement No. 4542 termination of the contact person.If a change has been made in the contact person due to termination,the Contractor shall notify the Maintenance Supervisor immediately at the time of the change. NO substitutions of key personnel shall be permitted without written approval of the authorized City representative. 11-2. Answering machines are unacceptable as a point of contact. 12-0. WORK ORDERS: On any response to a service call,the service provider shall provide a clear and legible copy of their work order. 12-1. The work order shall show the City contact person, City authorization/task order number, date and time of arrival and departure, name of the HVAC professional performing the work, and notation of all materials used. 13-0. RESPONSE TIME:All planned service under this agreement will be performed during the City's regular business hours from 8:00 AM to 5:00 PM, Monday to Friday. 13-1. PREVENTIVE MAINTENANCE SERVICE VISITS:The Contractor shall coordinate with the Maintenance Supervisor, once the contract is awarded, to perform the Preventive Maintenance seasonal service visit necessary for the current time of the year, within three weeks of the contract documents being completed. The remaining quarterly visits shall also be scheduled with the Maintenance Supervisor. The contractor shall notify the Maintenance Supervisor a minimum of 48 hours prior to appearing onsite for a preventive maintenance service. Routine services shall be performed from 8:00 a.m. to 5:00 p.m., Monday through Thursday. 13-2. The City expects the Contractor to give"priority" service to any call for repairs in the City. Contractors responding to this bid must be able to provide service within the times noted below twenty-four(24)hours a day, seven days a week, 365-days a year, including holidays for the duration of this contract. For the purpose of this contract, regular time will be as listed in these specifications. Any emergency services as determined by the City facility personnel will be billed at the rate specified. Overtime work hours which are from Monday through Friday after the regular business hours,all day Saturday and Sunday, and City recognized Holidays will be billed at the rate specified. 13-3. ON-CALL NON-EMERGENCY SERVICE CALLS: When notified, the Contractor will respond by telephone within thirty(30)minutes after the request is placed. At the discretion of the Maintenance Supervisor, the Contractor shall physically respond to repair calls during normal business hours (Monday—Friday, 8:00 a.m. — 5:00 p.m.) within four(4)hours of receiving the call. Repair calls that occur between 5:00 p.m. through 8:00 a.m., or on weekends and holidays, will be billed at the appropriate premium time rate differential. Also at the discretion of the Maintenance Supervisor, the Contractor may sometimes have to provide a written estimate for non-emergency service calls within two (2) days and begin repair work within five (5) days of the original request, if the proposed repairs are approved. III-A-9 Agreement No. 4542 13-4. EMERGENCY SERVICE CALLS: When notified, the Contractor will respond by telephone within thirty(30)minutes after the request is placed, and provide service at the affected site within two (2)hours after the request is placed. The Contractor shall provide a twenty-four(24)-hour emergency phone number. The City reserves the right to contract with any Vendor in the case of an emergency, if no response or untimely response has been made. 13-5. Any HVAC system failure considered a matter of public or personal safety shall be treated as an emergency and service shall be provided within two(2)hours of receiving the call; therefore,reliable emergency response and capabilities are critical. The City reserves the right to determine when a call is considered an "emergency". 13-6. The Contractor must regularly report to the Maintenance Supervisor to keep the City informed of the status of work being done (eg. date/time/and delays). Time shall be based on actual time spent on the job site(s).Travel charges to the job site will NOT be allowed. Lunch break time periods will also NOT be allowed to be charged. 14-0. REGULAR AND OVERTIME WORK HOURS: For the purpose of this contract and due to the nature of facilities covered under the terms of this agreement"Regular Time" will be considered Monday through Friday, 8:00 a.m. through 5:00 p.m. All work performed at any other time will be deemed "Overtime" 14-1. Overtime pay consisting of hours outside the designated regular business hours will be allowed by the City if deemed necessary and approved in advance and in writing by the City's designated representative. Overtime work performed in excess of regular work hours or on weekends or holidays shall be based on the rate of regular labor not to exceed one and one half(1 1/z)times the fixed hourly rate for the tradesman performing the service.Contractor shall submit a total hourly and overtime rate price for labor that includes,but not be limited to,all costs for labor,overhead charges,travel,and payroll expenses. 14-2. Contractor shall try to complete work during the service call in order to prevent follow up work. If follow up work is required to correct recent work, including improper repairs, installation, or substandard parts, the City shall not be charged. 14-3. If a job can not be completed during regular business hours and the contractor can make a temporary repair, the contractor will be allowed to finish the repair during regular business hours. 15-0. SAFETY:The Contractor and their respective employees are required and shall comply with all Occupational Safety and Health Administration(OSHA),State and City Safety and Occupational Health Standards and any other applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services.All Contractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. In case of conflict, the most stringent safety requirement shall govern. The Contractor III-A-10 Agreement No. 4542 shall indemnify and hold the City harmless from and against all claims,demands,suits, actions,judgments,fines,penalties and liability of every kind arising from the breach of the Contractor's obligations under this paragraph. 15-1. Material Safety Data Sheets: The Contractor shall be required to have in their possession at the location of each project and available upon request, material safety data sheets applicable to hazardous substances. 15-2. Where necessary, the Contractor's staff shall meet requirements for Confined Space Entry including but not limited to: a. Providing technicians that are Confined Space Entry certified b. Submitting an information sheet outlining internal Confined Space Entry procedures when requested c. Providing a list of all staff who are trained Confined Space Entry along with a copy of their certification documents 15-3. The Contractor shall provide all necessary safety cones,barriers and equipment at the job site during the execution of work,and alert building occupants of potential hazards. 15-4. The Contractor's employees are to report any safety hazards, evidence of misuses or damages to the equipment or environmental problems directly to the Maintenance Supervisor. 15-5. Contractor must coordinate lock-out/tag-out and confined space entry operations with the City and inform the City of the particular lock-out/tag-out and confined space programs that they will follow. In addition, Contractor must inform the City of any hazards confronted or created in permit spaces either through a debriefing or during the entry operations. Cancelled permits must be turned into the City. Contractor is expected to supply its employees with the proper personal protection equipment and energy control devices as necessary such as monitors, respirators, rescue retrieval systems, lock-out devices, tags, etc. Contractor will not be allowed to utilize City owned equipment unless prior authorization by the City has been provided. 15-6. Contractor shall be solely responsible for the safety of Contractor's employees and others relative to Contractor's work, work procedures, materials, equipment, transportation, signage and related activities and equipment. 16-0. WORK PLANS AND COST ESTIMATES: Within five days after the Maintenance Supervisor notifies the Contractor of a non-emergency on-call request,the Contractor shall inspect the job site and present to the Maintenance Supervisor a written work plan which contains the following information: a. The type of services necessary to accomplish the proposed project, including any work required off site. b. A complete list of building materials, supplies and/or tools and equipment, including specialty tools and equipment owned by the Contractor that will be required to complete the project. c. If shop time is required, it must be clearly identified in the work plan. III-A-11 Agreement No. 4542 16-1. Contractor shall also provide a guaranteed written "Not to Exceed" estimate on all projects. It is the Contractor's responsibility to ensure that all information is complete to provide an accurate estimate. In certain circumstances a sample of materials to be used in a project may be requested by the City's designated representative for approval before work commences. Estimates shall include: a. Department name and location/street address of the project b. Attached City request for the estimate c. Contractor's designated contact name and telephone number d. Breakdown of labor-hour costs (Number of workers,hourly rate) e. Breakdown of material costs (Detailed description, quantity, unit price and extended price amounts) f. Cost of equipment to be rented to complete project, if applicable g. Total cost(Combined labor, materials, and supervision, etc.) h. Description specifying work to be done that should match the work plan i. Time projected to complete the project j. A firm completion date. 16-2. The City reserves the right to ask for an estimate prior to approval of any work done under this contract. 16-3. Time shall be based on actual time to be spent on the job site(s)and shall be computed to the nearest quarter hour.Travel charges to the job site will NOT be allowed. Lunch break time periods will also NOT be allowed to be charged. 16-4. The contractor is responsible for providing written documentation to the City on any work that will affect the City's warranties or existing equipment (example: roof penetrations).The written documentation must be provided prior to commencement of work. 16-5. No additional costs will be allowed unless during the course of the project something that could not have been reasonably known when creating the estimate is discovered. 16-6. The Contractor shall be required to provide all building materials,supplies and/or tools and equipment required for the projects which the City is not able to provide. 16-7. Order Quantity: The quantities shown on the solicitation are estimates only. No guarantee of any minimum or maximum purchase is made or implied. The City will only order the services needed to satisfy requirements within budgetary constraints, which may be more or less than indicated. a. Cost estimates shall not exceed 10% waste expectation on all quantities. 17-0. CITY NOTICE TO PROCEED FOR ON-CALL PROJECTS: The Maintenance Supervisor reserves the right to accept or reject all or any portion of the Contractor's written work plan/cost estimate.If the Maintenance Supervisor accepts the Contractor's written work plan/cost estimate, he will communicate City acceptance by sending to the Contractor written notice to proceed with the project within the cost and time III-A-12 Agreement No. 4542 frames mutually agreed upon. 17-1. After receiving written approval to proceed from the Maintenance Supervisor, the Contractor shall provide the qualified personnel, tools, and equipment necessary for completing the project and any or all materials and supplies required.Allowance will be made for materials and supplies, lead times, shipping schedules, etc., if needed. Advance notice of the Contractor's presence onsite shall be per Section III, 10-4. 17-2. The Contractor shall agree and understand that the Maintenance Supervisor may make changes in the scope of a maintenance service or on-call project(size,configuration, etc.)prior to and during the Contractor's work on the project.When the Maintenance Supervisor notifies the Contractor of such changes, the Contractor must submit a written change order request to the Maintenance Supervisor if there are any resulting changes to the Contractor's approved work plan. Changes would include but not be limited to the types of services, the number of man-hours of each type of service, the materials and supplies,the guaranteed not-to-exceed price, and/or the time frames for completion of the service project.The Contractor must again receive the Maintenance Supervisor's written approval to proceed with the modifications specified in the change order before deviations from the Contractor's approved work plan on that particular project shall be allowed. 18-0. MATERIALS DELIVERY AND STORAGE: It shall be the responsibility of the Contractor to make all arrangements for delivery, unloading, receiving and storing materials in the building during installation. The City will not assume any responsibility for receiving these shipments.The Contractor shall verify with the City's designated representative and make necessary arrangements for security and storage space in the building during installation. 18-1. With respect to items delivered to either the City or the Contractor, the City will not consider the carrier responsible for damaged or delayed deliveries.Any item damaged or broken when delivered shall be replaced immediately by the Contractor. 18-2. Any equipment furnished is standard,new,latest model of the regular stock product,as required by the specifications, with parts regularly used for the type of equipment offered. 18-3. No attachment or part will be substituted or applied contrary to manufacturer's recommended and standard practice. All regularly manufactured stock electrical items must bear the label of the Underwriters Laboratories,Inc. (U.L.) It is the responsibility of Bidder to advise The City in the bid proposal if electrical equipment to be furnished hereunder does not have a U.L. label. Any equipment provided or services rendered under the bid proposal which is or becomes defective during the guarantee period shall be replaced or redone by Bidder,free of charge. All replacements shall carry the same guarantee as the original equipment or service—one(1)year from the date of delivery or acceptance of the replacement. Bidder shall make any such replacement promptly upon receiving written notice from The City. III-A-13 Agreement No. 4542 19-0. REPORTS: The Contractor shall submit a full report of any service call,not later than five(5) working days after such call, The report shall include: a. Date of the service request b. Name of City representative that placed the service call c. Date of service d. Time in and time out e. Type of repair(routine, on-call non-emergency repair, emergency or after hours) f. Building serviced g. Specific area and equipment being serviced (location of equipment, make and model, serial number) h. Detailed diagnosis of the problem/repair i. Services performed j. Number of service hours k. Name of the technician 1. Hourly rate for services performed m. Material(s) used n. Cost of material(s)/equipment o. Job title of the technician p. Signature of building representative q. Warranty of any new material/equipment installed 19-1. SPECIAL REPORT: If an issue is discovered that has the potential to become a major problem, or if it may be the cause for shutdown repairs,this problem must be directly brought to the attention of the Maintenance Supervisor orally and in writing so that a plan of action can be formulated for the most timely repair to the equipment. 19-2. REFRIGERANT STATUS REPORT: A Refrigerant Status Report shall be executed every time refrigerant is added to or removed from any air conditioning unit.This form shall comply with EPA guidelines in form and content.One copy of each form shall be given to the Maintenance Supervisor, one copy shall be left on the jobsite in close proximity to the machine/equipment serviced and a copy shall be kept at the Contractor's office. 20-0. PERMITS: The Contractor shall obtain all necessary permits or licenses for inspections,tests,and other services required for completion of work.Inspections shall be scheduled through the City's designated representative. City of El Segundo permit fees shall be waived. 21-0. DAMAGE: The Contractor shall be responsible for damage to the City's equipment and/or property, the workplace and its contents by its work, negligence in work, its personnel and equipment. 21-1. The Contractor's personnel shall protect all City equipment and building surfaces including fixtures, venting, all furniture, painted surfaces such as walls, doors, door frames, and all floors, and windows from damage when providing services. The Contractor shall be responsible for all damage that may be caused by its personnel.All such damage shall be replaced or repaired at the Contractor's expense.Additionally the III-A-14 Agreement No. 4542 Contractor is responsible for cleaning up any dirt or debris and trash removal associated with their work. 22-0. INVOICE REQUIREMENTS:The Contractor,upon completion of each service,shall address invoices to the City as follows: a. Preventive Maintenance or On-Call Repair Work:Detailed invoices indicating each service call by date and time along with the location,man hours and materials and a brief statement of the service provided. The total hourly price for labor shall be per hour and shall include costs of labor, overhead charges, travel, and payroll expenses. Supplies and materials shall be billed separately for On-Call and Emergency Repair work. b. Sunvlies and Materials:The cost of supplies and materials shall be listed separately from labor. A maximum percentage markup, as indicated on Bid Table 2 for On- Call and Emergency Repairs, will be allowed for material that the Contractor has to purchase and rebill. c. Preventive Maintenance supplies and materials shall be listed separately but not billed for seasonal Preventive Maintenance activities, unless stated otherwise within these specifications. The lump sum bid cost for Preventive Maintenance shall include the cost of all activities,supplies,materials,and equipment to service the HVAC systems within this contract. Please see Section IV for the materials and work included in the Preventive Maintenance bid costs. d. Building supplies and rental equipment that are provided by the contractor for on- call and emergency services shall be invoiced on a cost plus markup basis using the markup percentage supplied on the original bid. Markup costs shall not exceed 15% of the original materials or rental equipment cost to the contractor. e. A copy of the City's work order request shall be attached to invoices submitted for payment. f. The contractor will only be compensated for hours actually worked as evidenced by the arrival and departure notification described in Section III, Subsection 11-15. g. Invoices for work performed shall require a copy of supplies and, if applicable, rented equipment,paiLreceipts to be included. Failure to provide these receipts and the cost plus percentage (%) on an invoice may result in payment at cost for these items. h. Invoices shall be numbered sequentially and shall include the following information as well as the other required items described in these specifications: a. Contractor's name, address, and telephone number b. Contractor's remittance address (if different from Item"a" above) c. Date of Invoice d. Service location/address III-A-15 Agreement No. 4542 e. Contract number f. Project number: PW 13-17 g. Date(s) of services h. Complete and detailed description of services and costs per these specifications (labor, materials, rented equipment, markups, etc.) i. Total cost i. The Contractor may submit the repair report as an invoice by modifying it if necessary so that all required invoicing information is contained within the report. j. Quantities:The City does not bind itself to purchase the full quantities stipulated in the proposal as estimates. The quantities shown as estimates are not exact and are given for the purpose of comparing Bids upon a uniform basis. Payment will be made only for quantities actually ordered,delivered,and accepted,whether greater or less than the stated amounts. k. All installations or repairs must be approved by a City representative before any service is performed. Payment will not be made for services rendered without receiving prior approval from the City. 1. Time shall be based on actual time spent on the job site(s). Travel charges to the job site will NOT be allowed. Lunch break time periods will also NOT be allowed to be charged. m. Materials shall be provided at the Contractor's actual cost, plus markup as submitted in the bid document, and only to perform the required work. All materials supplied shall be new and/or in first class condition. 23-0. BACKGROUND CHECKS:The City reserves the right to request background checks and/or to conduct their own background checks. 23-1. The Contractor will not use any personnel for whom background checks have revealed factors that make them unsuitable for the activity to be undertaken for the City. This includes replacement personnel. 23-2. Additional background check requirements may be implemented for personnel assigned to work in the Police Department building. A security check may be performed and the results of the check will either clear the worker for access to the jail or police department or deny access.Any worker who is temporarily or intermittently assigned to work at the Police location, or substitutes for a worker who has already received an approved background check,must also be administered the same full and complete background check as the regularly scheduled worker. 24-0. DELIVERY OF SERVICES:Contractor shall,prior to commencing work,thoroughly examine and become familiar with the system(s)and associated facilities to insure the service can be completed in an orderly, safe manner. III-A-16 Agreement No. 4542 24-1. Service will be performed in a variety of government locations including administrative offices,police offices,maintenance facilities,pool,gym,and park facilities.All unique requirements/regulations for each location shall be strictly followed by the Contractor and its employees. The contractor shall be responsible for providing the appropriate types and skill levels of personnel required to accomplish the work required. 24-2. Any service or repairs that would be disruptive to a City facility shall be performed outside regular work hours with the exception of emergency repairs required to maintain building occupancy. Before any work begins,the vendor shall coordinate the work schedule with the Maintenance Supervisor. Any shutdown of HVAC service and/or utilities must be approved and scheduled with the Maintenance Supervisor at least seventy-two (72) hours prior to the shutdown. 24-3. Acknowledgment of request for services shall be made in accordance with the response times identified in the bid submittal. Diagnostics or repairs will begin within the identified time limits. Repairs that cannot be completed within the mutually agreed upon time frame must be approved in advance by the City representative. The City representative reserves the right to terminate the repair job with the contract vendor and solicit outside quotes if the required time frame cannot be met. 24-4. Once started,repairs shall be completed in a timely and professional manner and shall continue without interruption until completed.The Contractor may be audited to ensure hours are accurate. 24-5. The City reserves the right to require the Contractor to provide operations manuals,as built drawings, equipment warranties, etc., upon completion of each project. 25-0. REPLACEMENT PARTS AND MATERIALS: The Contractor shall provide only new and unused replacement parts of first-class materials for any repairs or replacements that may be required to return an item or system to a normal operating condition unless otherwise accepted by the Maintenance Supervisor. 25-1. Parts Availability:The Contractor shall maintain an adequate inventory of replacement parts and materials or have immediate access to replacement components to properly service and repair, based on equipment manufacturers' recommendations for routine expendable parts, normal yearly replacement parts and multi-year replacement parts. When repairing or replacing any item,all materials furnished under this contract shall be the latest improved models in current production, as offered through commercial trade, and shall be of quality material. Used, shopworn, demonstrator, prototype, reconditioned or discontinued models or materials are NOT acceptable. The service contractor has the option of stocking locally or having access to immediate delivery,parts for the purpose of providing unscheduled service on an emergency basis. In either case, the service contractor is expected to have emergency parts available. 25-2. Combustible material: All combustible materials shall be handled and stored in III-A-17 Agreement No. 4542 compliance with all state and federal safety codes and regulations.Thinners,fluid and loose dry products being used by the service contractor on site shall be kept covered at all times. 25-3. Materials shall be provided at the Contractor's actual cost, plus markup as applicable per the bid document and these specifications,and only to perform the required work. 25-4. All materials and installation shall conform to Building Codes, Uniform Plumbing Code,OSHA,or other standards necessary to carry out and perform the work required pursuant to all applicable Federal, State, and Local Laws, Statute, Ordinances, and rules and regulations of any kind. 25-5. Bid price shall include labor, filters, belts, grease, and lubricating oil to perform preventive maintenance work. 26-0. WARRANTY:The Contractor shall guarantee that work performed under this contract shall meet or exceed all applicable requirements of the latest revisions of all applicable Mechanical, National Electrical, Unified, and International Building and Plumbing codes and the City's Municipal Code as applicable. 26-1. The Contractor shall guarantee all work against any defects in workmanship to the extent the resulting work product shall remain functional and in good order for a minimum of one year from the date of final acceptance. If any defects or signs of deterioration are noted within that period which in the City's opinion are due to faulty workmanship or materials, the contractor, upon notification and at his/her expense, shall make the necessary repairs to satisfactorily correct any system deficiency. The date of acceptance shall be defined as the date of the final payment for the work. All warranty work shall be completed within five(5)working days from notice of defect. 26-2. The Contractor must also guarantee all parts furnished and labor for their installation for a minimum of one year from the date of final acceptance unless a longer period is specified in the specific Work Plan submitted by the Contractor. Any damage to the building or equipment as a result of defective parts and/or prosecution of the project shall be the responsibility of the Contractor. Contractor warrants that products it furnishes conform to the requirements specified,meet or exceed Code,and are of good merchantable quality and suitable for the purpose intended. 26-3. The warranty period for contractor-provided materials shall be for a period of one year after completion of the installation or within the manufacturer's warranty,whichever is the later period. 26-4. The Contractor shall unconditionally guarantee the materials used in performance of this contract are within the specified guidelines and recommendations of the manufacturer's warranty. 26-5. Contractor shall provide the City's Maintenance Supervisor with all manufacturers' warranty documents upon completion of installation and prior to leaving the job site. III-A-18 Agreement No. 4542 26-6. The Contractor will promptly correct all work rejected by the City as faulty,defective or failing to conform to this specification whether observed before or after substantial completion of the work, and whether or not fabricated, installed or completed. The Contractor will bear all costs of correcting such rejected work and perform such work within the timeline as agreed between the City and the Contractor. 26-7. Cover Clause: If the Contractor fails to deliver or perform as ordered, or within the time specified, or within reasonable time as interpreted by the City, or fails to make replacement of rejected or defective articles or services, whether so requested immediately or as directed by the City,The City may purchase goods or services from other sources to take the place of the goods or services rejected found defective or not delivered. The City reserves the right to authorize immediate purchase (within 24 hours) from other sources against rejections on any contract when necessary. On all such purchases the Contractor agrees to reimburse the City promptly for excess costs occasioned by such purchases. Should the cost be less, the Contractor shall have no claim to the difference. Such purchases may be deducted from the outstanding invoices or claims, or charged back against future invoices. III-A-19 Agreement No. 4542 SECTION IV PREVENTIVE MAINTENANCE HVAC SERVICES 1-0. SCOPE OF SERVICES:The Lump Sum bid costs for annual preventive maintenance will include any and all costs for providing the necessary labor, tools, equipment, mobilization/demobilization,licenses and incidental materials such as fluids,belts and filters,etc.per the Preventive Maintenance lists below to test,maintain, and diagnose the specified HVAC equipment, including but not limited to air flow analysis, water flow, delta T, humidity, Freon and electronic conditions. 1-1. The bid price for Preventive Maintenance activities shall also specifically include but not be limited to the following: a. Test and Inspection-All labor to visually inspect and search for worn,failed and/or doubtful parts. Visually check coil surfaces, fan blades, fan belts, couplings, equipment housings,motor mounts,dampers,valves,fluid levels,VAV boxes,heat exchangers,etc.Make recommendations to the City of any necessary replacements and/or adjustments. b. Preventive Maintenance and Predictive Maintenance—Labor to perform preventive maintenance on the equipment included. Maintenance intervals for systems and equipment are determined by run time, system use, application, location and manufacturer's recommendations. c. Consumable Materials - Normal consumable materials and supplies; such as lubricants, grease, towels/rags, wire nuts, cleaning solutions, oil and clean-up materials. d. Air Filter Media and Service - Includes regular air filter changing per the manufacturers specifications.Includes monitoring of air filter conditions. Should additional changes be required,Air Filter Media and Service includes notifying the City of any recommended adjustments to the maintenance program. e. Coil Service - One (1) annual cleaning of each condenser coil at the beginning of the contract year, as defined in Equipment and Maintenance Schedule. Should additional cleaning be required, Coil Service includes notifying the City of any necessary adjustments to this program. f. Belt Service-This agreement will include one(1)annual belt change for each belt in the system at the beginning of the contract year. Should additional belt changes be required,Belt Service includes notifying the City of any necessary adjustments to this program. 1-2. PREVENTIVE MAINTENANCE SERVICE VISITS: The contractor shall notify the Maintenance Supervisor a minimum of 48 hours prior to appearing onsite for a preventive maintenance service.A normal service is to be performed from 8:00 a.m,to 5:00 p.m., Monday through Friday. After Year 1 and for all subsequent contract years,the Contractor shall schedule annual preventive maintenance service dates with the Maintenance Supervisor at the beginning of each contract year. N-A-1 Agreement No. 4542 1-3. FIRST PREVENTIVE MAINTENANCE VISIT: The Contractor shall make arrangements with the Maintenance Supervisor, once the contract is awarded, to perform the Preventive Maintenance seasonal service visit necessary for the current time of the year, within three weeks of the contract documents being completed. The Contractor shall then provide a preventive maintenance and inspections program covering all City HVAC equipment to the Maintenance Supervisor, within ten (10) calendar days of the first service visit. The remaining quarterly visits shall then be scheduled with the Maintenance Supervisor. 1-4. FIRST PREVENTIVE MAINTENANCE VISIT INVENTORY: The first service for each unit will include confirmation, in writing, of each unit's location, type, model number, serial number, size and filter. The Contractor shall manually write-in any updates/changes needed for the HVAC Equipment Inventory in the Appendix and submit it to the Maintenance Supervisor within three(3)weeks of the beginning of the contract term. a. After each subsequent service/maintenance visit the Contractor shall provide an updated list of the existing HVAC units with the condition of each unit at the time of service. The list shall be submitted to the Maintenance Supervisor within two weeks of the service visit. 1-5. During the annual preventive maintenance visits, Contractor will troubleshoot and/or diagnose HVAC/Mechanical problems and recommend emergency or routine repair programs as required. Annual preventive maintenance shall include detailed maintenance reports for each system. Actual repairs will be performed under the On- Call HVAC Services portion of the agreement. 1-6. SERVICE TAG: All technicians shall complete a service tag/sticker and attach it to the serviced equipment after completion of work. The service tag/sticker shall be used to document the following information: the date serviced,the name of the technician(s), and a description of the service(s) performed. The service tag/sticker must contain adequate space to document future repairs and must be placed in a location to prevent weather related damages.The technician shall not place the new service tag over pre- existing service tags, including tags that have previous history and repairs 2-0. QUARTERLY SERVICE ADDITIONAL ACTIVITIES a. Spring Inspection / Service: The Contractor shall schedule and perform a Pre- Cooling season maintenance service call. The following services shall be performed in addition to regularly scheduled maintenance: i. Cycle units and check pressures and refrigerant charge ii. Be sure condensate lines are clean and pump is working properly iii. Visually inspect all wiring iv. Check and clean the indoor and outdoor coil if needed v. Provide and replace filters, inspect belts, replace as needed b. Summer Inspection / Service: The Contractor shall schedule and perform the following in addition to regularly scheduled maintenance: IV-A-2 Agreement No. 4542 i. Provide and replace filters, inspect belts, replace as needed ii. Visually inspect all wiring c. Fall Inspection/Service:The Contractor shall schedule and perform a Pre-Heating season maintenance service call. The following services shall be performed in addition to regularly scheduled maintenence: i. Cycle and check each unit for proper heating operation ii. Check and clean pilot lights and bearings if needed iii. Provide and replace filters, inspect belts, replace as needed iv. Visually inspect all wiring v. Inspect and service or repair gas radiant tube and space heaters d. Winter Inspection / Service: The Contractor shall schedule and perform the following services in addition to regularly scheduled maintenance: i. Provide and replace filters, inspect belts, replace as needed ii. Visually inspect all wiring 3-0. PREVENTIVE MAINTENANCE REGULARLY SCHEDULED ACTIVITIES: Preventive Maintenance shall be comprehensive and consist (at a minimum) of the following: 3-1. BOTH HEATING AND AIR CONDITIONING EQUIPMENT a. Check with General Buildings Supervisor and appropriate customer representative for operational deficiencies b. Check area around equipment c. Examine each piece of equipment and device to see that it is functioning properly and is in good operational condition. d. Clean all components of dust, old lubricants, etc. to allow the equipment to function as designed. e. Lubricate all equipment where needed to permit bearings, gears, and all contact wearing points to operate freely and without undue wear. f. Adjust all linkages, motors, drives, etc. that have drifted from the initial design settings and positions. g. Calibrate all sensing, monitoring, output, safety, and readout devices for proper ranges, settings, and optimum efficiencies. h. Check system thermostat operation,temperature and pressure controls and adjust as necessary i. Inspect and tighten all electrical connections j. Check for proper voltage and amp draw. k. Inspect safeties 1. Inspect all contactor and relays in. Inspect all wiring for chafing,burning, or deteriorated insulation n. Inspect all breakers o. Inspect capacitors p. Check rain guards q. Check insulation and clamps r. Check and adjust dampers s. Lubricate all motors, bearings, and any other moving parts t. Inspect air filters and clean or replace as necessary IV-A-3 Agreement No. 4542 u. Check all applicable belts, for proper condition; replace all belts once at the beginning of each contract year and then as necessary v. Check all applicable belt tension and adjust as necessary w. Check drives and pulleys for tightness and alignment x. Inspect fan control y. Inspect and adjust all valves z. Inspect oil in compressors and add if necessary aa. Wash fans at beginning of each contract year bb. Any applicable VAV Boxes are to be serviced once per year. cc. Check for unusual noises, vibration and wear dd. Carry out other preventive maintenance procedure recommended by the equipment manufacturers ee. Test and cycle all equipment as a system after it has been cleaned, lubricated, adjusted, and calibrated, to see that it is in good operational condition and at optimum efficiency ff. Provide itemized checklist documentation of Preventive Maintenance activities per location and report observations and any unusual or out of scope conditions.to the Maintenance Supervisor gg. Recommend the repair of the device by the addition of replacement parts, should the described maintenance not be adequate hh. Recommend the replacement of the device if needed,in view of its condition, age, and cost of previous and subsequent repair ii. Provide service tag on all serviced units,containing the information listed per these specifications 3-2. HEATING EQUIPMENT a. Inspect all pilot lights and operation of the ignition system b. Inspect and clean the flame sensor c. Inspect and adjust burner assembly d. Inspect flue pipe, diverter and flue connections e. Inspect the heat exchanger f. Inspect heating coils g. Inspect temperature rise h. Inspect furnace safety controls i. Inspect fuel input j. Inspect for gas leaks k. Inspect gas valve operation 1. Inspect gas pressure and set to factory specifications m. Inspect backup heat elements n. Inspect sequencer operation o. Inspect actual amperage draw on motors p. Inspect actual voltage to the unit q. Inspect oil filter and oil pressure switches r. Inspect all high limits and safety controls s. Inspect reversing valve operation t. Inspect valves, stem traps and belts u. Inspect flue pipe, diverter and flue connections IV-A-4 Agreement No. 4542 v. Inspect any applicable hot water heaters, boilers and related pumps. Inspection shall include annual tune-up of burners and cleaning of boilers as required. 3-5. AIR CONDITIONING EQUIPMENT a. Check refrigerant systems for leaks and operation b. Inspect temperature drop c. Check condenser general operation and condition and clean condenser coil thoroughly at the beginning of each contract year and then as necessary i. Check for scaling or corrosion of water-cooled condensers, clean as required. ii. Check condition of air-cooled condensers, clean as required. d. Check and adjust condensate pumps and drains as necessary e. Inspect and clean condensate drain pan,drains,and traps to ensure proper draining. Inform the Maintenance Supervisor of unusual or discolored drain pan accumulations. f. Replenish condensate treatment tablets g. Inspect condenser fans—blade conditions, clearance, etc. h. Lubricate condenser fan motors and bearings i. Inspect amp and voltage draw j. Inspect evaporator coils and clean at the beginning of each contract year, then as necessary k. Inspect evaporator drip pan, drains, and filters 1. Inspect all compressors and starter—contacts and free movement m. Inspect compressor general operation and condition, oil level,head pressure and suction pressure n. Inspect refrigerant pressure and charge o. Inspect refrigerant system for leaks and for potential leak points—chafing lines, cap tubes, etc. p. Record amount of refrigerant, if applicable: i. Removed from system and amount replaced q. Inspect unit disconnect system i. Record unit voltage—rated , and actual r. Inspect"economizer", if applicable s. Megohm or oil test compressors—record readings t. Inspect compressor terminals u. Inspect disconnect power box v. Inspect all coils for cleanliness, fin condition w. Check for leaks in air supply if applicable x. Inspect the system to avoid or correct freeze up 3-6. AIR HANDLERS a. Check and change filters as necessary b. Replace all belts one time per year c. Check drive components for wear and alignment d. Check blower wheels—conditions and cleanliness e. Inspect blower housing, deck mountings—cracks, loose bolts, etc. f. Check fan bearings IV-A-5 Agreement No. 4542 g. Check blower bearings h. Check blower motor bearings i. Lubricate all bearings at least once at the beginning of each contract year and then as necessary j. Record supply fan amperage—rated , actual k. Record return fan amperage—rated , actual 1. Inspect all wiring for chafing, burning, deteriorated insulation m. Record overall condition of equipment n. Check heat and cooling coils for cleanliness and clean if needed 3-7. RESIDENTIAL REFRIGERANT TYPE A/C UNITS, HEAT PUMPS a. Check economizer operation b. Check compressor crankcase heater(s) c. Record: i. Compressor voltage ii. Compressor amperage iii. Operating suction pressure iv. Operating head pressure v. Operating superheat vi. Operating oil level vii. Operating oil pressure d. Check unloader function, if applicable e. Check hot gas bypass function, if applicable f. Check all controls for proper function and setpoints g. Check and record discharge air temperature h. Record overall condition of equipment 3-8. FORCED HOT AIR HEATERS, GAS a. Check combustion controls b. Check room air intake system c. Check contacts d. Check mercury bulbs e. Inspect all wiring for chafing,burning and deteriorated insulation f. Clean internal surfaces, if necessary g. Clean external surfaces h. Clean burner assembly, if necessary i. Clean fireside j. Clean flue k. Inspect refactory 1. Prepare heater for winter conditions m. Do efficiency test and record n. Log heater condition at departure 3-9. CONTROLS —TEMPERATURE, HUMIDITY HVAC SENSORS a. Check alarms b. Check the operation of all controls, thermostats, starters, relays, pressure switches, disconnect switches and fuses IV-A-6 Agreement No. 4542 c. Perform programming adjustments where needed d. Clean where needed e. Check for any overrides L Check set points,make adjustments where needed g. Check contacts and relays, clean or tighten contact where needed h. Check thermostats,calibrate if needed i. Check sensors and adjust if needed IV-A-7 Agreement No. 4542 4-0. SUMMARY OF MAINTENANCE ITEMS VISUALLY INSPECT THE PHYSICALLY CHECK OR TEST THE FOLLOWING: FOLLOWING(continued): fan assemblies damper operation belts & sheaves external interlocks motor mounts &vibration pads motor voltage &amperages electrical connections &contactors refrigerant charges heating&cooling coils system leaks filter media&racks oil&fluid levels sight glass condition pressures &temperatures spray nozzles &pans outside air intakes heat exchangers refrigerant pumpdown compressor sections condensing sections ADJUST: heating sections refrigerant charge humidifiers & strainers purge system seals &packing superheat condensate drains &pans damper&valve linkages unloaders SECURE AND TIGHTEN: belt tension motor terminals fan rpms control terminals controls piping clamps CLEAN: line fittings control devices mounting hardware electrical contactors electrical connections condenser&evaporator coils equipment panels fan blades &impellers motor mounts heat exchangers vibration pad nuts and bolts nozzles &passages damper sections equipment areas PHYSICALLY CHECK OR TEST THE INSPECT FOR CORRECT FOLLOWING: ALIGNMENT: lubrication requirements open drive couplings oil sump, heaters &temperatures belt sheaves starter operation pulleys alignment on couplings coil fins motor operating conditions belt drives suction&discharge pressures flow switch operation PAINT OR PREPARE SURFACE: bearings control interlock as required by certain equipment, to help prevent corrosion and deterioration of exterior equipment surfaces IV-A-8 Agreement No. 4542 .SECTION V ON-CALL HVAC SERVICES 1-0. ON-CALL HVAC SERVICES: On-Call and Emergency Services shall be performed on a 24-hour,7-day-a-week basis,unrelated to preventive maintenance activities.The On-call Services bid item will provide qualified manpower and equipment on an hourly basis to perform routine HVAC/Mechanical repairs or replacements that do not fall under the description of preventive maintenance, as well as emergency HVAC/Mechanical repair or replacement. 1-1. Telephone response to calls must be within thirty(30)minutes of service call,seven(7) days per week, twenty-four (24) hours per day. The Contractor shall be capable of responding to more than one location at the same time. 2-0. ON-CALL NON-EMERGENCY HVAC SERVICE CALLS: When notified, the Contractor will respond by telephone within thirty (30) minutes after the request is placed. At the discretion of the Maintenance Supervisor, the Contractor shall physically respond to repair calls during normal business hours(Monday—Friday,8:00 a.m. — 5:00 p.m.) within four (4) hours of receiving the call. Repair calls that occur between 5:00 p.m.through 7:00 a.m.,or on weekends and holidays,will be billed at the appropriate premium time rate differential. Also at the discretion of the Maintenance Supervisor,the Contractor may sometimes have to provide a written estimate for non- emergency service calls within two(2)days and begin repair work within five(5)days of the original request if the proposed repairs are approved. 2-1. The Maintenance Supervisor will authorize all non-emergency work. The Contractor will provide written "not-to-exceed" estimates on all non-emergency work that conforms to Section III-16 of these specifications. The estimate will include the number of hours, hourly rate, number and type of employees required, estimated material cost and completion date. It will be the Contractor's responsibility to ensure they have all information to prepare accurate estimates, at no additional cost to the City. 2-2. Work will only be performed with the City's written authorization within the time period agreed upon between the City and the selected proposer. Upon authorization, actual work will not exceed the Contractor's estimate.Unreasonable estimates will be deemed cause to terminate this contract. 3-0. EMERGENCY HVAC SERVICE CALLS:When notified,the Contractor will respond by telephone within thirty(30)minutes and provide service at the affected site within two (2) hours after the request is placed. The Contractor shall provide a twenty-four (24)-hour emergency phone number. The City reserves the right to contract with any other Vendor in the case of an emergency,if no response or untimely response has been made by the Contractor. 3-1. The Maintenance Supervisor will authorize all emergency work. V-A-1 Agreement No. 4542 APPENDICES 1-0. City Facilities Map 2-0. Equipment Schedule V-A-2 Agreement No. 4542 0,00 z I I � I I ti .✓""""".^�+1 � JS w�,r w�r,mw�n a,u�wn ulll ri U nFr ✓ 1 s w r7 I If I I I I V&M1�'� N1N3N1 "' in I hI II n is 1Nadtlltll 91r I I Illjll I' � II J% aW'k35 k avta/.rno 4 „�„ my 'uwKl ifb'WA!WmY I WO w II, MIS tla3nlnd3S N .I 5 0 r I 'WIirAGM� J N � 15 is RIII c;. I it I I w. GF l� 15is MNNadlTra ��' � '' � �o' h 15p, IIII 00 unrvum:br.Uu�lw -IN33 I I ills i Vl9 VlWu I I � nratrarw're �„ i I ,II I I is mmeavn u;l dSl,,, cunr� rdrM;p all NS SII s tll>M315 M:U aae' 1S e I II II I 1S.3NdAa .00 Gs rP = I I I I LL iIII II I! eNi l I¢rXaaµrrarwn'I a dL dikY I I > I I. is trva3a Q I I Q I wood I I i - 1SIlls ONI1 Wn C N nsln N N 1S A31Tfi � Q C f0 C („) C c CO 1S snv aoo ISITIMis �_ o E a_ ii III l w IM,0 � � � m �yO �� c� cw � .. .. J LL in a V 'U w u d d w c y s .«r,m.»w• m. .a z�aQ a w o v x 0 0 �e e e 0? . 0.nLL 'i 1yrW& ST .1 p C T T d C r O C u Or— NM � f1O � m01 �er.. Nrv �tD� W WO` 'I �," i U Ln z N Agreement No. 4542 2-0. HVAC Equipment List Building Address Manufacturer Type of Equipment Capacity Qty i 111 W. Library .Mariposa Ave. Trane Multizone Air Handling Unit 1 I (111 W. I Library Mariposa Ave. Variable Speed Drive 1 !111 W. Library Mariposa Ave. Trane W/C Chiller 50 ton 1 -111 W. Coil Evaporative Library Mariposa Ave. _Frigid Condenser/Cooling Tower 60 ton 111 W. Packaged Water Source Heat Library Mariposa Ave. Pump 1 111 W. Library Mariposa Ave. Cleaver Brooks Hot Water Boiler 1 111 W. Library Mariposa Ave. HW, CHW. CW Pumps 7 111 W. Library Mariposa Ave. Quincy Air Compressor&Air Dryer- 1 350 Main St.- East Lower City Hall Level Carrier VVT Split System 5 ton 1 350 Main St.- Computer City Hall _Room E.L.L. Mitsubishi Split System 4 ton 1 -350 Main St.- -West Lower City Hall Level Lennox Split System Heat Pump 5 ton 1 350 Main St.- -Council City Hall _Chamber Carrier Gas/Electric Packaged Unit 8 ton 1 350 Main St, 1 st Floor Computer City Hall Room Carrier Packaged A/C Unit 7.5 ton 1 City Hall 350 Main St. Energy Labs MZ-2 M/Z Unit 40 ton 1 City Hall 1350 Main St. IEnergy Labs MZ-3 M/Z Unit 25 ton 1 Page 1 of 3 Agreement No. 4542 HVAC Equipment List (Continued) Building Address Manufacturer Type of Equipment Capacity Qty Police Department 348 Main St. Trane Air Cooled Chiller 30 ton 1 Police Department 348 Main St. Larrs Hot Water Boiler 1 Police Department 348 Main St. CHW Air handlers 3 Police Department 348 Main St. Return Air Fan 1 Police Department 348 Main St. Variable Speed Drives 2 Police Department 348 Main St. CHW Pumps 2 Police Department 348 Main St. HW Pumps j 2 Police Department 348 Main St. Carrier PAC 10 ton 1 Police Department 348 Main St. Carrier -PAC 6 ton 1 Police Department 348 Main St. Carrier -PAC 5 ton 1 348 Main St.- Police Department Basement Carrier _Condensor Unit 20 ton 1 .348 Main St.- Police Department _Basement York IMZ Air Handler&RA Fan 1 314 Main St.- Fire Station 1 ",Roof Carrier (PAC 5 ton 2 1314 Main St.- Fire Station 1 iRoof Carrier PAC 4 ton 1 314 Main St.- Fire Station 1 Roof Carrier HP Condensor Units 4 ton 2 314 Main St.- Fire Station 1 (Roof Carrier HP Condensor Units 2.5 ton 3 314 Main St.- Fire Station 1 Ceiling Carrier HP Fan Coils 4 ton 2 314 Main St.- Fire Station 1 Ceiling Lennox HP Fan Coils 2.5 ton 3 314 Main St.- Fire Station 1 Equipment Bay Reznor Unit Heaters 4 Maintenance Facility 150 Illinois St. Lennox Condensor Units - 5 ton _ 2 Maintenance Facility 150 Illinois St. Lennox �Upflow Furnaces _ 3 Maintenance Facility 150 Illinois St. Sterling Horz. Unit Heaters 3 Joslyn Senior Center 339 Sheldon St. Carrier G/E PAC I 5 ton 2 I Joslyn Senior Center 339 Sheldon St. Rheem IG/E PAC 5 ton 1 Page 2 of 3 Agreement No. 4542 HVAC Equipment List (Continued) Building Address Manufacturer Type of Equipment Capacity Qty Gordon Community 300 E. Pine Clubhouse Ave. Carrier Condensing Unit 10 ton 1 Gordon Community 300 E. Pine Clubhouse _Ave. Standard DX Chiller Barrel 10 ton 1 Gordon Community 300 E. Pine Clubhouse Ave. Chilled Water Pump 1 Gordon Community 300 E. Pine Clubhouse _Ave. Chiller _Control System 1 Gordon Community 300 E. Pine !Roof mounted CHW Air Clubhouse Ave. -Handlers 3 Gordon Community 300 E. Pine Rooftop Packaged Heat Clubhouse Ave. _Pump Units 2 Gordon Community 300 E. Pine Clubhouse Ave. Carrier ;Packaged Heat Pump 5 ton 1 Gordon Community 300 E. Pine Clubhouse Ave. Mitsubishi Split System Heat Pumps 4 ton 3 Gordon Community 300 E. Pine Clubhouse Ave. Carrier -Split System heat Pump 5 ton 1 Gordon Community 300 E. Pine _Furnace and Built-Up Air Clubhouse Ave. Hayes lHandler 1 Page 3 of 3 Agreement No. 4542 FAITHFUL PERFORMANCE BOND CITY ON-CALL HVAC MAINTENANCE CONTRACT PROJECT NO.: PW 13-17 THE FINAL PREMIUM IS PREDICATED ON THE Bond No.0628830 FINAL CONTRACT PRICE Bond Fee:$410.00 F.M. Thomas Air Conditioning, Inc. ("PRINCIPAL') and International 'Fidelity Insurance Company , a corporation incorporated under the laws of the State of New Jersey and licensed by the State of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held and firmly bound unto the CITY OF EL SEGUNDO("CITY")in the sum of * DOLLARS, which is a minimum one hundred percent(100%) of the contract amount,lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond,for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,jointly and severally, by this instrument. *Twenty Seven Thousand Three Hundred Four and 00/100 PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond,SPECIFICATIONS NO. PW 13-17, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking,it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO." 13-1,7 a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. N/A )which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with anypermit issued by CITY.Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I-E-1 Agreement No. 4542 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 13-17 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment,power of attorney,bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled,or suspended, or in the event that it has,that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. I-E-2 Agreement No. 4542 F.MG�D ;aging, Inc. y International Fidelity 1surance Company D SEALED this 21st da of Januar �ta,,/Air i'""i�u,aaa:�:1.R:' y 2 Ins ��u� www ...,. '�+ i............ .... w PRINCIPAL's PRES b'. N ^ �-1� EI s �� Att' yn-, Attorney-in-Fact PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: F.M. Thomas Air Conditioning, Inc, International Fidelity Insurance Company 231 Gemini Ave, 13400 Sabre Springs Parkway, Suite 245 Brea, CA 92821 San Diego, CA 92128 ..............................._. ............._......._............._....... NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1) originals to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance of the job. I-E-3 Agreement No. 4542 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 1/21/14 before me, Andrew Waterburv, N_otary Public Date Here Insert Name and Title of the Officer personally appeared Artu,ro..A .a........... _..w .......... ... Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name( is/:Em subscribed to the within instrument and acknowledged to me that he&hDttagy executed the same in hisiwkftisir authorized capacity(), and that by his/hexRmk signature(x) on the instrument the e;w 1Y person(a), or the entity upon behalf of which the person(R) ANDR COMMWAFFE2uu a ys52s2acted, executed the instrument. Notary Public Calitornm I certify under PENALTY OF PERJURY under the laws of oEzaNCE couNry the State of California that the foregoing paragraph is true My Comm.Expires Dec 31.2015� and correct. Witness my hand andf'flcl i"teal. ' :. . SI Place Notary Seal Above Signature_ c�Rcua'ynPuc An � g bG �Y�w rtatary 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: Faithful Performance Bond Document Date: 1/21/14 Number of Pages: Three Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name:Arturo Ayala Signer's Name:..,,,................................. ........... ❑ Individual ❑ Individual ❑ Corporate Officer Title(s):........................................................................................................... ❑ Corporate Officer—Title(s�, ❑ Partner ❑ Limited❑General ❑ Partner—❑ Limited❑General Attorney in Fact - •- ❑ Attorney in Fact ❑ Trustee ° ! ❑ Trustee ° ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: .......................................................................................... ............................................................. Signer Is Representing: Signer Is Representing: ............................................................................................... .......... . ............................................................................................................................. �""�' �r ' ��"�G�' .'�"�-:rwr'1+"�"�C"'r"-Thr"' ,r� ^�`+ '�°�L`�av"4^..+�;„ "-C."�"' ,r` r�" 4"��:«�'{'!�"�*✓w�r" 'v� `�C:�" ,r" v"r^=^�r"�`�-r;�` ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Agreement No. 4542 PROPERTY RECORDS HUGH NGUYEN BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange 1, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT INTERNATIONAL FIDELITY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 21St day of January, 2014. Hugh Nguyen, Orange County Clerk-Recorder (Purple Seal) . .......-.�.,.........m............................................�._......... r"�� .. -.. OLIVIA MARTIN, Deputy Clerk-Recorder NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N, HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 ♦ FAX (714) 834.2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM oi Tel (973)624,-720 0 VNER : wN°Eeem' 1r5 Rgr t INTERNATIONAL FIDELITY INSURANCE Cts ANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOWALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY IN'S'URANCE; COMPANY',a corporation organized and .existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,hawing their principal office in the City,of Newark,New Jersey,do thereby constitute and appoint DWIGHT REILLY, ARTURC AYALA, DANIEL HUCK _._ ABAY I, Orange, CA, their true and lawful attorney(s)-in-fact,to execute„seal and deliver for and on its behalf as surety,any and alt bonds and undertakings,contracts of Indemnity and other writinfps obligatory in the nature thereof', which are or may'tae allowed,required or permitted by law,.statutes rule,re��p ulation,contract or otherwise and the execu icon of such insfrument(s in ursuance of these presents,shall be as binding upon the said INTERNA ONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUAL Y COMPANY, as fully and amply„ to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorne Is executed and ma be revoked, pursuarit to and byy author� of the B -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALI ,JENY CASUALTY COMPANY and ss granted under avid,tty autho4y of the fo owing resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY'INSURANCE COMPANY at a ineeting du 'field on the 20th Gay of duly,2Q1 and by the Board sof Directors of ALLEGHENY CASUALTY COMPANY at a meeting duty held on the 15th day of August,—000: "RESOLVED,that(1)the President Vice President,Executive Vice President,or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of„ Attorneys-ln-.t=act or agents with mower and authority as defined or I'Irnited in their respective powers of attorney,and to execute on behat sof the Corporation and affix the Corporation's sea9 thereto,bonds,undertakings,recoginizances,contracts of indemnity and other written obliyation.s in the nature thereof or related thereto;and (2)any such Officers of the Corporation may appoint and revoke tine ap ointments of joint-control cus4odians, Vtints for acceptance of process,and Attorneyys-in-tact with authority to execute waivers and.consents on behalf'ofpthe Cor oration,and (3) the signature o any such Officer of the Corporation and the G'orporation"s seal may be affixed by facsimile to any power of attorney or certification�ivon for the execution of any bond„undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,suc� signature and seals wt°ren so used whether taeretofore or hereafter 'being hereby adopted by the Corporation as the original si, nature of such officer and the original seal of the Corporation,to be valid and binding upon the orporation with the same force and effect as though manua ty affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,2012. y { " STATE OF NEW JERSEY f` County of Essex I S1936 " ROBERT W,MINSTER ` " Executive Vice Presfderat'Ch1efOperatirag Officer (International Fidelity 6nsurance Compaany) .� and President(Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. +� 1 VA' Z .,, 1G0'»' c A NOTARY PUBLIC OF NEW JERSEY 69C My Commission Expires Mar.27,2014 +a+ OF NEW �r� CERTIFICATION 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, t have hereunto set my hand this 21 s t day of J,3nuary, 2014 MARIIA BRANCO,Assistant Secretary f Agreement No. 4542 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4�7,,.4;:`.'WGr,"f-:v�;�+"�r4WP..r��"",'h;'",:�'�.s5;�'��5�'�r,��„�,"�4.^:w,C",�,.a,��C.r�,r�.'4<�*,,'��.�;i"✓~��:�,s�^�.�?��y��"'�4�."ux'�',^,��,.�i.��!,��';�;;'�:`^�'�`"r,S'��,�r'�r`F�,r"��r�?;;^u^"„"'�,��'W��':r�'�„�.�".�S..�r'�.,�r"y.„��"."�v°sNh,'��.^ State of California County of � ^y On 1 4lf 4 before me, ................. r i. :.....-.. i rA a Date er TitleIlio Uff: p........" .... a t� personally appeared ........................... � ��.� �....................................w�wWw (+1<ur no ,�rat„�igruk.�r��sy ....................—----— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(q) is/are subscribed to the within instrument and acknowledged to me that he/zheft►ey executed the same in his/DRrdheir authorized capacity(baej and that by his4;er/thL r signature*on the instrument the person(s�; or the entity upon behalf of which the personW acted, executed the instrument. NEE RITCHIE RE I certify under PENALTY OF PERJURY under the laws Commission 0 2011+94 of the State of California that the foregoing paragraph is NIll Public-California true and correct. M r>Comm.Expires s Matt 1',2017 WITNESS my hand and official seal. Signature, k,(.� i'�'' ..............................r Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ....................... Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: .......................................... ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ,,rye "t� ;...II li L1Partner—Ll Limited Ll General _._ El Attorney in Fact El Attorney in Fact o ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other:. ❑Other:_..... ....................____ Signer Is.....Representing:................ . .......................... Signer er Is Representing:................�,.., 02007 National Notary Association•9350 De Soto Ave,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Tall-Free 1-800-876-6827 Agreement No. 4542 PROPERTY RECORDS HUGH NGUYEN � BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS + / PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange 1, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT INTERNATIONAL FIDELITY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 21 st day of January, 2014. Hugh Nguyen, range County Clerk-Recorder ' (Purple Seal) R` '1N, DCPL(ty Clerk-Recorder NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 0 FAX (714) 834.2675 4 WWW.00RECORD ER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 4542 LABOR AND MATERIALS BOND CITY ON-CALL HVAC MAINTENANCE CONTRACT THE FINAL PREMIUM IS PROJECT NO.: PW 13-17 PREDICATED ON THE FINAL CONTRACT PRICE Bond No. 0628830 Bond Fee: See Performance F.M. Thomas Air Conditioninq, Inc. as principal ("PRINCIPAL") and International Fidelity Insurance Company a corporation incorporated under the laws of the State of New Jersey and licensed by the State of California to execute bonds and undertakings as sole surety, as surety("SURETY"),are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY")in the sum of * DOLLARS, which is a minimum one hundred percent (100%) of the contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,jointly and severally,by this instrument. *Twenty Seven Thousand Three Hundred Four and 00/100 This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors,and persons renting equipment;payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials,provisions,provender,or other supplies,and equipment used in, upon, for or about the performance of the work contemplated in SPECIFICATIONS NO.*** ("Public Project"),the public works contract executed for such Public Project,and for all work or labor of any kind performed for the Public Project.In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. **City On-Call HVAC Maintenance Contract ***PW 13-17 BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 13-17 ,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. N/A ), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies,for equipment used in, I-F-1 Agreement No. 4542 on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO.PW 13-17 ,or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered,revoked,cancelled,annulled,or suspended,or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. I-F-2 Agreement No. 4542 SIGNED AND SEALED this 21st day of January 2013 F.M. ThomaLsr on g, Inc, Insurance Company ............ 's )R r 6uro Ayala, )RM)LNf PRINC PAL's f r Y'SPRMA torney-in-Fact PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL'S MAILING ADDRESS: SURETY's MAILING ADDRESS: F.M. Thomas Air Conditioning, Inc, International Fidelity Insurance Company 231 Gemini Ave, wa p 13400 Sabre Springs Parkway, Suite 245 ........................................................................... --- ...................................................................... Brea„ CA 92821 San Diego, CA 92128 ............. NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-F-3 Agreement NO. 4542 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County ofc��n�E�_____...........�..... _........... ...... On 1/21/14 _ before me, AndrexwVVatorbu umx vomm"°ii"°m°°""Title ofthe Officer personally appeared wumo(s)mSigner(- __ ^ who proved tome on the basis of satisfactory evidence tm be the mm(:K) whbscribed within instrument and acknowledged to me that hebakedkimy executed the same in hisItteftfir authorized capacily(jex), and that by his/ha*wk signature(x) on the instrument the person(s), or the entity upon behalf of which the person(* acted, executed the instrument. COMM #191W1262 n aliforiun Notary Public C. | certify under PENALTY OFPERJURY under the laws of ORANGE COUNlY the State of California that the foregoing paragraph in true and correct, Witness | Sgnatum m�pucw^�naomxoo� �omNok,v public Andre�V�Vsaruw ��' lr _ OPTIONAL __'__- - - --- ' Though the information below/snot required bylaw, itmay prove valuable to persons relying unthe document and could prevent fraudulent removal and reattachment of this form to another document. Description ofAttached Document Title or Type of Document: Labor and [Nate[i,g|13opdi................................____ Document Date: 1/21/14 Number ofPages:_Three Signor(o) Other Than Named _............__ Capmc|ty(imm)Claimed byS|gnmr(m) Signer's Name:Arturo Ayala Gigner'uName,______ [] Individual [] Individual [] Corporate Officer Title(s): LJ Corporate Officer--Tit|e(s): [] Partner--[] Limited[]General [] Partner--[] Limited[]General 66 Attorney in ram [] Attorney in Fact [] Trustee MEN [] Trustee [] Guardian or Conservator Top of thumb here [] Guardian orConservator Top of thumb hono � [] Cxhoc LJ Cuhoc Signer|aRepresenting: Signer|oRepresenting: @ 2omNational Notary Association^vo,no°Soto/w°'pn.Box o*ou^Chatsworth,oxo,o,3-,402^°w°.w*m"yNom�"rg Item w,yorReorder:Call Toll-Free`'oo*o76*o,r Tel c�tird o 6 til NE A neement No.9. , 4542 ALL8GHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK;, NEW JERSEY' 07102-5207 KNOW ALL MEN BY THESE,PRESENTS: That INTERNATIONAL. FIDELITYINSURANCE COMPANY ,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the Caws of the State of Pennsylvania,having their principal offuoe in the City of Newark,New Jersey,do hereby constitute arid appoint DWIGHT REILLY, ARTURO AYALA, DANIEL HUCKARAY G, Orange, CA. u heir true and lawful attorney(s)-in-fact to execute,seat and deliver for acid on its .behalf as surety,any and all bonds and undertakings,contracts . Indemnity t y(,_._ � .._, o ^of rtdty and ether writins obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute rule,re ulation,contract or olhen�v se and the execu ion of such instrornent(s in pursuance of these presents„shall be as binding upon the said VNtERNATpONAL FIDELITY INSURANCE COMPANY acid ALLEGHENY CASUAL0 COMPANY„ as 'fully and amply, to all 'Intents and purposes,as if the same had been duty executed and acknowledged by their regularly elected officers at their principal offices, This Power of Atlorney�is executed and mV be revoked, pursuant to and. by authorit�r of the By'-Laws of INTERNATIONAL,FIDELITY INSURANCE COMPANY and ALLEGt tEN'Y'CASUALTY CC7MPANY and is granted'under and try authority of true to6lowingg;resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at.a meeting dulyy held on the 20th day of July,.20'8 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000: "RESOLVED,that(1)the President Vice President,Executive Vice President,or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of, Attorneys-in-Ncl or agents with,power and authority as defined or ilm6ted in their respective powers of attorney,and to execute on behad of the Corporation and affix the Corporation's sea[thereto,bonds,undertakings,recognizances,contracts of indemnity and otherwritten obli ations in the nature thereof or related thereto,and (2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, atlenls for acceptance of process„and Att&neggurs-dn-fact with authority to execute waivers and consents on behalf of the Cor�oratlon;,and (3) the signature of any such Officer of the Corporation and the corporation's seal may be affixed by facsimile to any power of attorney or certification cc ven for the execution of any bond,undertaking,recognizance,,contract of indemnity or other written obligation in the nature thereof or related thereto,suctr signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporatdon as the original sic nature of such officer and Ghe original seal of the Corporation,to be valid and minding upon the orporation with the same force and effect,as though rnanua�ly affixed.° IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March,2012. �N STATE OF NEW JERSEYNI County of EssexSEAL c'tr vot 1936 ll � ROBERT W.MINSTER Executive Vice PresidenVCh'ief O erating Officer (International Fidelity Insurance ornpany) � and President(Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies, IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. " „ 130Cs«" A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar.27,2014 CERTIFICATION 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 21st day of January, 2014 MARIA, Assistant S'ePretary Agreement No. 4542 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of , On ......................a... t1 before me, k `4 kl,. Re ,� N rt�,r,ho Officfn .... + . ..... ......, personally appeared who proved to me on the basis of satisfactory evidence to be the personfrs)-whose name( is/A-subscribed to the within instrument and acknowledged to me that he/Stief#biey executed the same in his/4er/their authorized capacity, and that by his/ber/lA2i"r signature(*on the instrument the persor>i(gy, or the entity upon behalf of which the personkWacted, executed the instrument. �M RENEE glgl , I certify under PENALTY OF PERJURY under the laws commission 201 t49a of the State of California that the foregoing paragraph is true and correct. Nay 4 Notary Public-California r" Orange county My"Omm Fypires Mar It 2017 , WITNESS my hand and official seal. Place Notary Seal Above Sinature tro9I ' g na�qe utau'y Public OPTIONAL a 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; ........ Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s); ❑ Partner—❑ Limited ❑ General _ y r_,_ �. ❑ Partner—❑ Limited ❑ General W t ❑ Attorney in Fact •• ❑Attorney in Fact -� •- ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ...... .. .................. .. ............ ❑Other: .....m........................... Signer Is Representing:_ Signer Is Representing: ©2007 National Notary Association-9350DeSoto Ave.,P.O.Box2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Agreement No. 4542 PROPERTY RECORDS HUGH NGUYEN BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS + i PASSPORTS ` V M FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange 1, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT INTERNATIONAL FIDELITY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 21St day of January, 2014. Hugh Nguyen, Qgangc County Clerk-Recorder (Purple Seal) .Y. . ................................. OLIVIA N/I L1IN, Deputy Clerk-Recorder NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLER TON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834.2500 9 FAX (714) 834.2675 • WWW.00RECORD ER.COM • WWW.00ARCHIVES.COM