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CONTRACT 5581 Public Works Contract CLOSED Agreement No. 5581 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND CORRAL CONSTRUCTION & DEVELOPMENT INC. LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 This CONTRACT is entered into this 5th day of September, 2018, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation("the City")and Corral Construction and Develooment Inc., ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing;vehicles;transportation;office space and facilities; all tests,testing and analyses; and all matters whatsoever(except as otherwise expressly specified to be furnished by the City)needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents"means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Thiril and Pave Dollars e Cents($38.805.3 1)for the � t Thousand,, iht Hundred Five One Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. I-D-1 Agreement No. 5581 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Forty (40) working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract,the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code§9201,the City will promptly inform the Contractor regarding third-party claims against the Contractor,but in no event later than ten(10)business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents,the Contractor agrees to indemnify and defend the City against any third-party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense,will obtain and maintain during the Contract Time,all necessary permits,licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents,data,studies,drawings,maps,models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. I-D-2 Agreement No. 5581 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents,and any approval of such insurance by the City,are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents,proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other parry will be deemed made when received by such parry at its respective name and address as follows: The Citv The Contractor Public Works Corral Construction& Development Inc. City of El Segundo 5211 E. Washington Blvd. 2-122 350 Main Street, Commerce, CA 90040 El Segundo, CA 90245 Attn: Renee Soto Attn: Arianne Bola Any such written communications by mail will be conclusively deemed to have been received by the addressee three(3)days after deposit thereof in the United States Mail,postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. I-D-3 Agreement No. 5581 There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and,as so modified, such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager,or designee, may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract,and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions,the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. I-D-4 Agreement No. 5581 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO CORRAL CONSTRUCTION& DEVELOPMENT INC. Greg M )erste ifnato c ry � city ager Presidertt ATTESTVWer, Taxpayer ID No. 2-4p " 3Z5-?,'M<' Tr City Clerk Contractor State License No.: "6 V5 lb C7 S� Contractor City Business License No.: APPROVED AS TO FORM: MARK D. HENSi LEY, City Attorney By: David H. g, Assistant City Attorney Insurance Reviewed by: ON VIA B I-D-5 Agreement No. 5581 LABOR AND MATERIALS BOND LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 Bond No. 1001097102 Bond Fee: Included in Performance Bond Corral Construction and Develooment Inc. as principal ('PRINCIPAL") and U- S- Specialty Insurance Company a corporation incorporated under the laws of the State of Texas and license 4 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 Thirty Eialit Thousand.Eiizht Hundred Five Dollars and Thirty One Cents($!g805.31 lawf ulmoneyofthe 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 LIBRARY WIFT AND READING LOUNGE RENOVATION PROJECT, SPECIFICATIONS NO. PW 18-04 ('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 oftheconditions and stipulations of this undertaking,itis 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 18-04, and the public works contract executed for such Specifications,copies of which is on file with CITY's Engineering Division(Tublic Projeof'). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 18-04), 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 equipibent used in, on, for or about the performance of the Public Project, and will pay for all work and labor I-F-1 0 Bond No. : 1064P655TV No. 5581 thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation,the El Segundo Municipal Code("SSMC"). t 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 19-04, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A- A certified copy of the appointment power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § ,995,640 and stating that SURETY's certificate of authority has not been surrendered,revoked,cancelled,annulled,or suspended,or in the event that it has,that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time* allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 4 Agreement No. 5581 Bond No. : 1001097102 SIGNED AND SEALED this 10th day of September 20 18 Corral Construction & Development, Inc. U. S. Specialty/,Insurance Company PRINCIPAL's PRESENT SURETY Blake A Pfister, '`S Attorney-in-fact PRIN AL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: 5211 E Washington B1#2-122 801 S Figueroa St #700 Commerce, CA 90040 Los Angeles , CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job I-F-3 Agreement No. 5581 Coode of Civil Proceftqq GAN County Clerk of the County State of California,in and for said County GO ' :;ERTbF',, THAT &�I—ssru bythecaifornia-7-- 0111(gi e f auth6i*�,-A adr,"-ftid,Sui f COMA.-sla1w �;utnor ing the iasurer to transact swety insuran(v in 'Iru mw oase(l uo,he rawroz shown in the Department of 1pa "!w�+srdkMumvi,i have hereuntQ t fn�n9nd and affixed the seal of iairl Gaut;q Uf 6 COUNTY CLERK D"County Cie* C- CHEN Agreement No. 5581 CALI'Ft">MiRMll41 AOMOVARM110116M CML CODE$1189 A notwy publio or Vw offlcer cwnpWinq this verities only the identity of the individual who signed the domwat to whichtdlis ow0cate is attached,and not the#uthfi m,accuracy,or validity of that donor eaL State of California ) County of x d'e'... ) On September 10 , 2018 b&fpI Lianne Nahina, Notary Public Date Here Insert Name and Thle of the Officer personally appeared Slake A. Pfister Names)of Signer(s) a wwho proved to me on the basis of satisfactory evidence to be the persoI whose name(s) is/'V subscribed to the within instrument and acknowIedgedto me ttiat hW 1V executed the same In hItuwdlir auttworiwd OW by hWAWOW signatureo on the insbument the , or the enft upon beW of which ft personI acted,executed the Instrument. I catify under PENALTY OF PERJURY under the laws of the State of California that the foreong paragraph Is true and correct. WITNESS my hand and official seal. LIANNE NAHINA ��,{�—I "p,n",�6n�F pjs� bhu P ,.... COMM.#2134629 i0 Of N �� ` '•"IT NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY N COY COMM.EXP.DEC 512019 Place Notary Seal Above OPTWML Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached 'fie or Type of Document: 8 o n 10 01.01 71.0 2 Document D�ate:S e p t e mb e r 10 , 2 018 Number of Pages: . 3 Signer(s) Other Than Named Above: V-A,, None C ) by s) Signer's Name: Blake A. Pfister _ ®Corporate Officer— Title(s): 0 Cs rats Officer -"- Tftl f g Partner — ®Limited ®General 0 P — ®Umfted O General ®individual M Attorney in Fact 0 Individual 0 Attorney in Fact El Trust" ®Guardian or Conservator 0 Trustee 0 Guardian or Conservator ®Other: ® Other. Signer Is Representing:U- 3 . Specialty Signer Is Representing- , Insurance Company 02014 National Notary Association-www.NabonaiNotary.org-1-80D-US NOTARY(14800-878-6827) ftem#5907 POWER OF ATTORNEY �.c,r AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDINCG f&i nt No. 5581 - .— UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation(collectively, the "Companies"), do by these presents make, constitute and appoint: Blake A.Pfister of Mission Viejo,California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not, exceed *****Five Million***** Dollars ( ' 5"00I,000.10 l, This Power of Attorney shall expire without further action on November 3,2019. This Rawer of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in thenarne of°and on behalf ofthe Company,to execute,acknowledge and deliver,tiny and all bonds, recognizances; contracts, agreements or indemnity and other conditional or obligatory undertakings„ including any and all conscaats for,the release ofrutaincd percentages and/or final estimates on engi'necring and construction contracts,and any andall notices and documents canceling of terminating the Company's liability thereunder,and any such instruments so executed by any inch Attome,y-in-Fact shall be binding upon the Company as if signed by tine President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this Ist&y of November,20.16, AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONI ING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY 10 014 rTudF axe `'• .° '�01% q,'Q4 x Y~cur*.Wrraadr'rar.;z*. it 0 v SU+4r,°•e zxxxa rr t ro° � „yx ;Se A'. an °01 � By. - 'S� . w s IlManlel I'.A uilar 'icc 1 rent ra rn'aanr,r,y,n rrradunrµr,urx public completing is certificate verifies only the identity individual o signed ned"the documentnotary owhichthis certificate is attached, not the truthfulness accuracy,or validity of that document. state of California County of Los Angeles SS: On this l st day of November,2016, before me,Sabina Morgenstein,as notary p'ubl'ic, personally appeared Daniel P.Aguilar,Vice President of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. rA SABINA MORGENSTEIN Commission#2129235 Signature w {Seal} «� Notary Public-California Los Angeles County My Comm,Expires Now 3.2010 1,Kie Iwo,Assistant.Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S. Specialty'Insurance Cotrtpany,do hereby certify that the above and foregoing is a true and correct copy'of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 10 t h day of September ,2018 V-- Corporate Seals .1 01'„, spWnr,�r6.,t.Stti.A,Y B ;y,hl r Cux'N„PVw.Gdd e + '"`PT20,19i bVf - Y Kio Lo Assistant Secreta': JBond No. 1001097102 °"'""� . q', Agency No... 3474 s; a r+aourxrrruru'° r+'rdaaiuu;prre a+'adaln YUWe'Xx„N reuawppoer",i5y„s Agreement No: 5581, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A Notary Public or other-officer completing this certificate verifies only the identity of the.individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document, State of California County of Los Angeles ael>. e me NPublic,' A� w, personally appeared fM Ili)0 off"/ who proved to jne on the basis of satisfactory evidence to be the person() -Whose name /a��e say itxt and. ad� wledgep�n d e tl�ar/sloe/ executed the same I e l e son or tla emit d � o ch the p soy.'e ./th'eir sig iature�-on the instrument y p ' l el3.alt'o.fwla.iacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is true and correct. VACHE AMIRIAS Notary Public.,Ca�ifornia = w 1.0s AnSeles county K WITNESS my hand and official seal. w Commission N 2235069 My Comm.Expires Apr 17,2022 111 SIGNATURE PLACE NOTARY SEAL ABOVE �.,0...,..y............... ..,..,,,,..,,,..,...............................................'......*......... V.,................,............_.,.,...,.,,................"...,.,........,. ......c e t 1 ' y y i' .......... . .. .................... Thoughthepnfrarra�atinu b�,loi�risnotre�,a�a�ed�� lav,�t may �ovc valuable tope��ou:�.rely�ng o�� the do um n artd could prevent fi audulent removal and reatltach'mctit of this form,to irr6tlier document. Description of attached document Title or type of,document: Document Date: Number of Pages: ....._............__._... .......................... Signer(s) Other than Named Above:__ Agreement No. 5581 Callfomia All-iPurpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California S.S. County of Los Angeles R-\Lk 2AV9 before me, Ae, On Notary Public, personally appeared S"�0 who proved to me on the basis of satisfactory evidence to be the person(Kwhose name(" islay4 subscribed to the within instrument and acknowledged to me that,06/shed tWy executed the same in OK/herttly,4 authorized capacity*), and that by osl/her/th&s,ignature(eon the instrument the personW, or the entity upon behalf of which the person>racted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JESUS LOPEZ Commission#2124372 c WITNESS my hand and official seal. r Notary Public-California zZ Z Z Los Angeles County > My Comm,E!plres Seol 8,2019 OPTIONAL INFORMATION Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of—LA011- � A Proved to me on the basis of satisfactory evidence: El form(s)of identification []credible vAtness(es) containinii:S--pages,and dated Notarial event is detailed in notary journal on: Page#_ Entry# The signer(s)capacity or authority is/are as: El Individual(s) Notary contact: is V.J Attomey-in-fad @tf"'Corporate Officer(w Other Ll Additional Signer Ll Signer(s)Thumbprints(s) 11 Guardian/Conservator EJ Partner-Limited/General Cl Trustee(s) D Other: representing: nnm"'rm' Bond No. 5581 Premium: $1 , 164 FAiL,ttu-uL PERFORMANCE BOND LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.:PW 18-04 Bond No. 1001097102 Bond Fee$1 , 16 4 Corral Construction and DeveloPment Inc. ("PRINCIPAL") and U.S. Specialty Insurance Company . a corporation incorporated under the laws of the State of Texas and licensed by the State of California to execute bonds and undertakings a's sole surety,as surety('SURE1Y),are held and firmly bound unto the CITY OF EL SEGUNDO(°'Clly')in the sum of Thirtv Eiiaht Thousand., Eiaht Hundred Five Dollars and Thirty One Cot 5 3, lawful money of the United States,which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns,jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond,SPECIFICATIONS NO.PW 18-04,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 defalt, ,BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 18-04, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 18-04)which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above.11 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. 5581 Bond No. : 1001097102 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 18-04 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument, the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment,power of attorney,bylaws or other instrument entitling or authorizing the persons executing this bond to do so; A 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, PRINCE?AL's obligation will be void upon the acceptance of the performance by CITY, otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E-2 Bond No. .Aq,efM 0281 SIGNED AND SEALED this 10th day of September 2018 Corral Construction & Development, Inc. U. S. Specialty Insurance Company PRINCIPAL's PRESIDENT SURETY Blake A Pfister, Attorney-in-fact PR14NC ' AL's SECRETARY SURETY's SECRETARY PRINCIEPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: 5211 E Washington B1#2-122 801 S Figueroa St #700 # Commerce, CA 90040 Los Angeles , CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1)original to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance ofthe job. I-E-3 Agreement No. 5581 County Vii, of the County :.$;,, »,.°4� Stats of California,in ana for said County FHAT 1d:in F,I, +'Cw' "Ing#tl sdISIJY t"C4)'i:C d4'iae3 N' 'LC9 C iY�,a 'P1C n Ita�evw.* hown in the Cs as scant of nab Cw9:m'+.°'CC."u1'renu0Pean(evoked,canceled, c7filGCkr'C6�,id,'y i,� `7N.d,�'re .. 1Ivseal+,' said County urs � �'�a �ao�s naveid�t �� � t��� P � nand a �the .. COUWY CLEFt .. Y. - ., .. County Ckft Agreement No. 5581 CAUFORNIA ALL4nM4=ACKMWLEDGMUff CML CODE 1189 IIkIIIIIhIII4NIiI�AGlllll�ll9lbld1911 y�.�, tlJlGllllllil. iidluJVIIIIIGVhAG'N;IYNIyIUhihiallhYlIlYlIi;IIIIhYIJ61 A O OW YII*00rdlicate Willies{y ft Ideritity of thI mdvkk W who SOW elle dovATI to wilriofl this certiftate Is at ,and tot the tntihfulness,awxacy,or vanity of that document. State of California ) County of - l OnSeptember 10, ..20I. beore me ... Leanne Nahina, No„tary Public } Date Here Insert Name and 710e of the Officer pffsonally appeared Slake A. Pfister AWne(s)of Signe i(s) who proved to me on the basis OVSWIVlactory 'evidence to be the persoI whose name(s) JsIAV subscribed to the its i and acknowledged to n,* that WONO� a in histo a " ,andtbby hisJNtfr tWMiWC r }cin the mit , or of which w ,executed the instlrument. I under PENALTY OF PERJURY under the laws " Of tete State of Calif mea that the for ng paragraph Is true and correct" WITNESS my hand and official seal. � S nature �"� �?�G./��� wr NOTARY PUBLI -CALIFORNIA M� 1.ANNE NAHiNA Signature of . cl:� , � � otary Public ORANGE COUNTY N MYCOMM.EXP.DEC 5,2019 .II q„I'.yo,,'401, 1��,���, ,,.„tea Place Notary Seel Above „„ , iliN . Though this section Is optional, completing this infomtatlon can deter alteration of the document or fraudulent reattachment of this form to an unintended document: Desalption Of Attwhed Doarmerd ride of Type of Document B o n d 10 0.1 0 4710 2 Document Date”September 10, 2018 Number of Pages: . 3 Signer(s) Otter Than Named Above: N t A , N o n e Ca ) by S4pwW Signer's Name: . A ' - ------_ ®Corporate Officer a Tit "s)• P f z„s 1 e r s Nam:” le( ... 0 Corporate Officer -- s): ... C3 Partner a 0 Limited 0 General 0 Partner-- 0 Limited 0 General 0 Individual ®Attorney In Fact 0 individual 0 Attorney in Fact 0 Trustee ®Guardian or Conservator 0 Trustee O Guardian or Conservator ®Other, 0 Other. Signer Is Representing: D-S IS o e c i al t y Signer Is Representing: Insurarice Company 02014 Natbnal Notary Assoclation-www.NabonWNotwy.org-1-8001 NOTARY(1-800-376.6627) Item#5907 POWER OF ATTORNEY t No. 5581 AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING UNITED STATES SURETY COMPANY U.S.SPECIALTY INSVRANCE COMPANY KNOW ALL ME-'N BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specialty Insurance Company, a Texas corporation(collectively, the"Companies"),do by these presents make, constitute and appoint: Blake A.Pfister of Mission Viejo,California its true and lawful Attorney(s)Nin—fait,-each—in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead, to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars ($ **5,000,000.00**). This Power of Attorney shall expire without further action on November 3,2019, this Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Rasolved, that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Afforincy(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Anorswy-in-Fcict may be given full power and authority for and in the name of and on behalf of tile Company,to execute,acknowledge and deliver,any and all bonds, recognisances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release ofrciained percentages an(vor final estimates on engineering and construction contracts,and any and all notiecs and documents canceling or terminating tire Company's liability thereunder,and any such instruments so executed,by any such Attomcy-in-17sict sliall be binding upon the Corripany as if signed by the President and scaled and effectcd by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and scat of the Company heretofore or hercaticr affixed to any power of attorney or any ccrtificutc relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this I st day ot*November,2016. AMERICAN CONTRACTORS INDEMNITV COMPANY rEXAs BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY wOhWOI..... ...... "IRS p",0-S P 'N, A 7 By: MMMRAM 4- > seer as s®®e 2 Aguilar,Vice'P .......... 'r+rnrrru, '1z, a , A notary public or other officer completing this certificate verifies onlruwir%y the identity of the individual who signed the clocurnen t to which this certificate is attached,and not the truthUness,accuracy,or validity of that document. State ofCaliromia County of Los Angeles S& On this I st day of November,2016, before me,Sabine Morgeristein,a notary public, personally appeared Daniel P.Aguilar,Vice President of American Coritractors Indemnity Company,,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I-certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SABINA MORGENSTEIN Commission# 2129258 Signature (Seal) Notary Public-California aLos Angeles County U My Comm,Wires Nov 3,281# 1, Kitt L9,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Cornpany,United States Surety Company and U.S. Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of'a Power of Attorney,executed by said Companies,which is still in full force and effect;furthennore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,California this 10 t h day of September 2018 Corporate Seals NOW) a WqN', p"ta0 N G Ili, enov Kio Lo,Assistant Secretary BondNo. 1001097102 S g_� INCORM"TED WS �r 0 V. ",-,a, ,-,a, b 0 0 Agency No, 30,74 00, .......... Agreement No. 5581 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT , A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the dccument to which this certificate is attached, and not the truthfulness,accuracy, or validity bf that document. State of California County of Los Angeles t On oy 43 bofr before me,Yache Axn. xan.—Not Pt W1j personally appeared ✓I✓03 1d �Itfe l who proved to me on the basis of satisfactory evidence to be the person4R'whose name - /arc subscribed to the within instrument and acknowledged to ane &&/,qhe/tfirY executed tl":e same ' .s/ r/ T authorized capacity(" , and that byes/iief/their-si:gnature )�Dn the instrument 'the person(.s�, or the entity capon 'behalf of'which tho person acted, executed the i.ristruan.ent. I certify under PENALTY OF PERJURY under the laws of State of California that the foregoiaa paragraph is true and correct. a �VACHE AMIRIAN A Notary PUc-California PULos Ac�g lies County commission#2235069 WITNESS my hand and official seal. -" My Comm.Expires Apr 17,2022 SIGNATURE PLACE NOTARY SEAL ABOVE __. _ ... ..._. ...................................................................................._..;.............._............................................................................................................................................................................................................................................................... Though the information below is not required by law,it may luove valuable to persons relying on the`document and could prevent fraudulent removal and reattachment of this form,to artot'her document, Descriptionof attached document Title or type of,document: Document Date: Number of Pages:- Signer(s) Other than Named Above:,,,,,,,,,,,,,,, Agreement No. 5581 T". California All-Purpo$e Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. ............ ._.w........ State of California S.S. County of Los Angeles On VA S013 before me, lj_s� Loiza- Notary Public ............ personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name' is/ ^e subscribed to the within instrument and' acknowledged to me that /she/t,o executed the same in Wher/Ux* authorized capacity(061, and that by OK/her/tWir signature*on the instrument the perso%4, or the entity upon behalf of which the person(eacted', executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ? A,111'.11ma JESUS LOPEZ 372 # WITNESS my hand and official seal. 2124 Commission Z Notary Public-California CE Z Z Los Angeles county My Comnm,Expires Sept to,204 OPTIONAL INFORMATION mm Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification purpose of document tifledtfor the pui ®� v,,�"\ Proved to me on the basis of satisfactory evidence: _Pe-rok ar, P.-ce, form(s)of identification Ll credible vAtness(es) containing --pages,and dated Notarial event is detailed in notary journal on: Z The S'gn r(s)capacity or authority is/are as: Page#_ Entry# Lj Indivi ual(s) Notary contact: 0 A ?meywin-fact > orporate Office Other L] Additional Signer Signer(s)Thumbprints(s) C1 Guardian/Conservator Ll Partner-Limited/General F] Trustee(s) P Other: representing: 4 Agreement No. 5581 PROPOSAL FOR THE LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 Date_�� 1" , 20'�b Company Name: HCl- '(, t4VJS "47,1.1.0-{"(vt,� ¢ 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. EOUAL EMPLOYMENT OPPORTUNITY COMPLIANCE, I-C-1 Agreement No. 5581 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 acti on 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. 5581 BID SCHEDULE LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 Company Name: W41AL CAAII ltiWA1 4- ITEM ITEM DESCRIPTION UNIT QTY UNIT AMOUNT NO. PRICE IN FIGURES Mobilization/Demobilization 1 LS 1 $ � � $ Demolition Work (removal and 2 disposing of the following: carpet, LS 1 $ 5C) x::� $ window treatments, other furniture) Area dustrotection 3 p LS 1 $ $ oc� Electrical systems improvements 4 LS 1 $ $ Carpet and associated flooring - 5 installation including cement LF 1,517 $ R 43 $ ~' underlayment Interior painting 6 LS 1 $. $ � ......... .............. Alternative Bid Items (Determined by the City on as-needed basis) Grinding of shelving anchorage bolts 7 and disposing of it with the reference LS 1 $ ( 5 CXR $ l su shelves Misc. Library Improvements 8 LS 1 $5,000 $5,000 TOTAL BID ITEM I THROUGH 8 TOTAL BID WRITTEN IN WORDS: A_kA�O (--I,UE I-C-3a Agreement No. 5581 (BLANK PAGE) I-C-3b Agreement No. 5581 BIDDER'S INFORMATION Company Name: J..01+- M, COAVAAAVI-t� 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) tAU(� 1A' Business At,, f,d�4 S f VLt.I,VW Address 52,k( L . ViJJ/ "f 4f 1 XQ-Tb\-J l3 2 C1YA1r1�Alca d CA "0OLt0 Telephone No. 4501 - 161 - LVVv ?- Facsimile No. PJ A _. State Contractor's License No. and Class Original Date .Issued I--� Wo`A Expiration bate W The following are the names,titles, addresses, and phone numbers of at l individuals, firm members, partners,joint venturers, and/or corporate officers having principal interest in this proposal: t✓�6S ra C.-O Kf ✓1-l• %S i D&Wr .......... r�crpr- 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. 5581 BIDDER'S INFORMATION(CONTINUED) Company Name: CA"A4, (OVIS-r""Tuk) ¢ VAC—✓l"LvPv✓l��"'t— l '(JCS Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: P4.,I- IA— !�-p TD _ � ._...........___ �m Title: V LU, PYIQ106'i-r I-C-5 Agreement No. 5581 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles, hands, and seals of all a forenamed principals this �_day of AIU.W Q- , 20 1�. BIDDER Gv('1-tLIL't- 5 Ut V. 2 't Z'- .......V0M�,` Subscribed and sworn to this day of , 20_ NOTARY PUBLIC I-C-6 See Attachment Agreement No. 5581 fllj JURAT �l A notary public or other officer completing this certificate verifies only the identity of dl the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and r i sworn to or affirmed) before me on this ( } dayNjyof v , 20 19, by proved to me on the basis of satisfactory evidence to be the person who appeared before me. len#204372 Notery Public-Callfornis Los Ange C 19mycomrMUEPIresse S. (Seal) OPTIONAL INFORMATION INSTRUCTIONS I( The wording of all Jurats completed in CaMmis after January 1,2015 must be in the fort as set forth wdhin this Jurat.There are no exceptions.If a Jurat to be completed does not follow this form,the notary must correct the verbiage by using a jurat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the DESCRIPTION OF THE ATTACHED DOCUMENT document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or affirmation.If the document was previously ` signed,it must be rn� ned!n front of he n 9 � i9 t otary public during the jurat process. (title or description of attached document) • State and county information must be the state and county where the document signer(s)personally appeared before the notary public. (Title or description of attached document continued) . Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is —?�18i completed. Number of Pages �� Document Date . Print the name(s)of the document signer(s)who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the Additional information office of the county clerk. The notary seal impression must be clear and photographically reproducible.Impression must not cover text or lines.If seal impression smudges, re-seal if a sufficient area Permits, otherwise complete a different jurat form. ev Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. 4, Indicate title or type of attached document,number of pages and date. • Securely attach this document to the signed document with a staple. 2015 Version www.NotaryC[asses.com 600-873-9865 Bid Bond No. Agf�e!�9i1 M45581 PROPOSAL GUARANTEE BID BOND LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 KNOW ALL MEN BY THESE PRESENTS that, Corral Construction & Development , Inc. ,as BIDDER,and AmericanContractorslndemnityCompany 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 7thdayof August 2018 BIDDER* Corral Construction & Development , Inc . 5211 E Washington Bl #2-122 Commerce , CA 90040 562-522-1926 SURETY* American Conn-actors Indemnity Company 801. S Figueroa St 0700 r Los Angeles , CA 90017 Blake A Pfister , 310-649-0990 Attorney-in-fact See attached Not.oriai Subscribed and sworn to this day of ,20 Acknowledgment 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 Agreempt No. 5581 CAUFORNIA ALL-PURPOU ACKMOWLEDMIKUT CIVIL CODE$1180 11.,IIIIIuJ111111111 IUIG "a A notwy public or pdw offim c*yoeft On cerliftste yerW=ordy to Ww*of the oxiWidwl who Big W the doctowd to w*h the owffaft is aftached,and not the tatAftse,may,or vdft of that dommwt. State Of California County Of--DSAL'U On August 2, 2018 beforOM9, Lianne Nahina, Notary Public Date Here Insert Name and Thle of the Ofter personally appeared . Blake A. Pfister Abn*s)of Signer(s) who proved to me on the is of satisfartory evidence to be the pe (# whose Ame(s) islAV subscribed to ft within instrumentand acknowledgedto me that heltknsfty executed the some In his4W#**authorized capacfty#mo),and that by hI&%V0W sign re on the Instrument the persorift or the entity upon behall'of which the person( )acted,executed the instrument. I oI under PENALTY OF PERJURY under the laws of Ow State of California that the foregoing paragraph Is true and correct, WITNESS my hand and official seal. E NAHINA OW COMM. #2134629 ;V NOTARY PUBLIC-CALIFORNIA;D Sign. 0: G.ORANGE COUNTY Ch MY COMM EXP.DEC 5,2019 Signaftire of AbWy Public Place Notary Seal Above ("ON .,a Though this section Is optional, completing this information can dater alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or Type of Document: Bi d Bond 11-791-034 Document Date: Auqust 7, 2018 Number of Pages: 1 Signers) Other Than Named Above: N/A, None Capadom)Clahned by ftner(s) Signer's Name: Blake A. Pfister Signers Narnw. ------- LJ Corporate Officer — Title(s): 0 Corporate Officer — Tftle(s): El Partner — 0 Limited LJ General 0 Partner — n Limited 0 General El Individual 0 Attorney in Fact it Individual 0 Attorney In Fact 0 Thistes 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator Q Oth'er., 0 01 Signer Is Representing., Signer Is Representing: Contractors Indemnity Company al'OIII*"'10111110111,�� — "404�` 02014 National Notary Association-www,NationalNotary,org-1-800-US NOTARY(1400-876-6827) Item#5907 A, POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING UNITED No. 5581 UMTEDSTATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS. That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, aMaryland corporation and U.S. Specially Insurance Company, a Texas corporation (collectively, the"Companies"), do by these presents make, constitute and appoint: Blake,A.Pfister of Mission Viejo,California its true and lawful Attorney(s)-in-fact.,each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not, exceed - *****Five Million***** Dollars (S **5,000,000.00**). This Power of Attorney shall expire without further action on November 3„'2019, This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Rewtvad, that the President, any Vice-president,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any anti all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release ofrotained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or tcrtninating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and scaled and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN: WITNESS WHEREOF,The Companies have caused this instrument to be tuned and their corporate seals to be hereto affixed,this I st day of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY 0 1 N 0 k, .......... C, �,, -4 o” A + SEPT.25.1990 By: V S $ baniel P.Aguilar, V:,:C?eV0—reS—irel1t 0 IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the 'document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document, State ofCalifunfin Count) of Lbs Angoics SS: On this Is(Jay of November,2016, before me,Sabina Morgenstein,a notary public, personally appeared Daniel P,Aguilar.Vice]'resident of American Contractors Indemnity Cumpany,'lexas Bonding Company,United States Surety Company and U,S.Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on tile instrument the person,or the entity upon behalf of which the person acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct,. WITNESS my hand and official seal, SABINA MORGENSTEIN Commission#21292581 Signature (Seal) Notary Public-California Los Angeles County My Comm.Exotros Noy 3.2016 1,Kio,Lo,Assistant Secretary of American Contractors Indemnity Company,Texas B(niding Company,United States Surety Company and U.S. Specialty frisu iance Company,do hereby certify that the above and foregoing is a trite and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In of AWitnugust 2ess Wherereof,I have heunto set my hand and affixed the seals of said Companies at Los Angeles,California this 7 t day 01.8 Corporate Seals ,A 0 1% Kio Lo,Assistant Secretary —791-034 Bond No. e % Agency No. 3074 V�, Agreement No. 5581 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 00,,'0304' Class No.: L'�3 2. The expiration date of BIDDER'S Contractor License is: U� , 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 l°O, at "W '66, 41-4 (insert City and State where Declaration signed). Signaie Typed Name 1 LCJ( �_ V YL(%S C/J 1— Title C,e� C. �ryLU-C f V)L�2-?-v✓�7�v1(�7.m /ItlC. ............. Company Name I-C-8 Agreement No. 5581 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of Lul *wt_1�4 SvN , being first duly sworn, deposes and say that he or she is of Cvae4t' C SFP4/; A PLjAWM LM_ lnfb 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. � �^`' l.P1Y1-�1-/N,C,u�h r►2.e�-�-f1�'^� �'l��v��'I�YI�/n�L Signature Name of Bidder/Company Name V_W_ -' 9070 Typed Name Date " P Title I-C-9 Agreement No. 5581 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: VlW P✓Latoelt-+r"" Business Name: �cTl'LYLiI-t. fu�S� Zr�, 4- Business Address: 1 a . ��.,_ N,. � 1'�° Z-U-L. Crhut.Vvl.�Y�C � c� � oa�-o Telephone Number: Dated this 1 day of AVtJIM C . 20 Y. I-C-10 Agreement No. 5581 DESIGNATION OF SUBCONTRACTORS LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 Company Name: GJYLYLM. r 0 0-VLAWK40r 1 t-�L- 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: Name of Y Sub- .. Description of W Subcontractor contractor portion of License Work Estimated Number Address Subcontracted $Amount .__................ ._. .. __ _. _ ... . _._.... ...... I-C-11 Agreement No. 5581 REFERENCES Company Name: UINLAA, LA4(-94"-f 1- 00 ( N L The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or maj or subcontractor within the past five (5)years: I. Project Title: po L1cG PaPT. V?-oo✓n 7-c--rnoOEL- Location: 34k mmt 15r- , L'L C�bt-« 1 -c-A `Ioi L(S' �y crF l-'L S '(—� 0 3 Sb M M M S r- e L S'G&Luvn o ► C-4- g o z y S" Name and address of owner b Yu-/{WOO k D"&IkE z. 3 l v - 52y Name and current telephone number of person familiar with project Type of Work: jLC;knoDCL PM rpt WE- Contract amount: $ (o S' tnvb Date completed: 31, Lv(Z Amount of work done by my/our firm under contract$ (n S" OVD Did your firm have any financial interest in Project? K1 O 2. Project Title: Tr-t k1 S fi&nail 41 DOW Tl.SLG /rUD Py,�-nk~ t M Pf4'-tMG- `'TT Location: -6 M pr,1J st-. C,(, S(:&U-A�rt)o , CA °loi-ylI' G �(& .4.5U �1 rc. __ SO_ M W W 5F. C1. S L-"GUXVV O IC4 'I01. 1 ' Name and address of owner -� "06� 3(n - S'z — 2-32- 4 Name and current telephone number of person familiar with project Type of Work: TJ*,- v►..vpGL�- Contract amount: $ I uao Date completed: Amount of work done by my/our firm under contract$ � wv �..m................ 1 Did your firm have any financial interest in Project? PIO I-C-12 Agreement No. 5581 3. Project Title: I?"LtG Y24_-- .U1 - Location: 1 qo &L W vvLA A-6 1 &1oWv0YzA CA °l l el( &-Le-f-Jb(7YL-k u L c_. Name and address of owner u t.�Sys gr✓ ;,7 � UZte - 1 H Name and current telephone number of person familiar with project Type of Work: R, vyjvt9A n A1 Contract amount: $__ b..O i UUV Date completed: _ 2,011 Amount of work done by my/our firm under contract$ tj U 1 IVO Did your firm have any financial interest in Project? ti b 4. Project Title: S(i PA%lt-M 61�',"M 4r-C&`(-V 4T S F� Ot +- U-Lru�N P1.-,-NW D6 L- Location: 3 LS"l r,(. (+A*tO/t,, Pt vb . T-I U eye s cOr °l ZF�3 S -� p�r- -r 3v 3 W AVO - 11 4 9 ZR 3 2- Name Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Y -,WLoV&L I-y"ten Kf Contract amount: $ 150 1 O v v Date completed: Amount of work done by my/our firm under contract$ 13o ) Oro Did your firm have any financial interest in Project? ...Vb_w......... 5. Project Title: MU'rfM V(,-"C Lo,&,5 @'l'Y!✓�wC;"t�►� s _ Location: L(&2-(,e St�ii'bCi.WAA4 V,�,- bOv) ICA CtOl l$ Name and address of owner I-C-13 Agreement No. 5581 Name and current telephone number of person familiar with project: Type of Work: J14,-- Lo 19� Contract amount: $ �I_??._i O'OD Date completed: 3 Zo 1 V Amount of work done by my/our firm under contract$ L l 3 ! Did your firm have any financial interest in Proj ect? f fo Birlder may attach athlitional 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: �l-l'ls r�vrJ� CCW ftJi5c—M" rJ . .r. l S TLS 3 l - (0 `� - o�q I-C-14 Agreement No. 5581 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.:PW 18-04 Company Name: C-0 FX-&L U'1 S CIW'AJ" 4" 4-09 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: Tvne 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 FormNo.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 1195 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(3 0)days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers,officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92,including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement,endorsements as required herein,and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII." Certificate(s)must reflect that the insurer will provide thirty (30)day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires Cali fornia 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." �k L-1 ......... ......... ....... Date Bidder s Signature I-C-16 Agreement No. 5581 CITY OF EL SEGUNDO CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 http://www.elsegundo.org/depts/works/bids rfps.asp http:l/www.elsegundo.org/depts/works/proj ect_request_contact_form.asp MANDATORY PRE-BID MEETING TUESDAY, JULY 31, 2018 AT 9:30 AM IN HR CONFERENCE ROOM IN CITY HALL 350 MAIN STREET EL SEGUNDO, CA 90245 BIDS DUE TUESDAY, AUGUST 7, 2018 AT 11:00 AM Agreement No. 5581 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11;00 A.M. TUESDAY, AUGUST 7, 2018 IN THE OFFICE OF THE CITY CLERK. CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED Agreement No. 5581 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. 5581 TABLE OF CONTENTS SECTION I—LEGAL PAGE A. NOTICE INVITING SEALED BIDS I-A-1 TO A-3 B. BIDDING INSTRUCTIONS I-B-1 TO B-8 1. DEFINITION I-B-1 2. BIDDER'S REPRESENTATIONS I-B-1 3. BIDDING DOCUMENTS I-B-2 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS I-B-2 5. PRODUCT SUBSTITUTIONS I-B-3 6. SUBCONTRACTORS I-B-3 7. ADDENDA I-B-3 8. PRE-BID CONFERENCE I-B-3 9. FORM AND STYLE OF BIDS I-B-4 10. BID SECURITY I-B-5 11. MODIFICATION OR WITHDRAWAL OF BID I-B-6 12. OPENING OF BIDS I-B-6 13. REJECTION OF BIDS I-B-6 14. AWARD I-B-7 to 8 C. PROPOSAL I-C-1 TO C-17 1. PROPOSAL, FIRST PAGE I-C-1 2. BID SCHEDULES I-C-3a to I-C-3d a. BASE BID I-C-3a to 3d b. ALTERNATIVE BID I-C-3e 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 [-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 e Agreement No. 5581 SECTION II—GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II-A-1 TO A-2 1. REGISTRATION OF CONTRACTORS II-A-1 2. INSURANCE AND CITY BUSINESS LICENSE II-A-1 3. EMERGENCY INFORMATION II-A-1 4. FURNISHING OF WATER I1-A-1 5. CALIFORNIA—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION II-A-2 6. SOUND CONTROL II-A-2 7. AIR POLLUTION CONTROL II-A-2 8. WORKER UNIFORMS II-A-2 B. STANDARD SPECIFICATIONS II-B-1 TO B-34 0-1 STANDARD SPECIFICATIONS II-B-1 0-2 NUMBERING OF SECTIONS II-B-1 0-3 MODIFICATIONS II-B-1 1-2 DEFINITIONS II-B-1 1-2.1 ADDITIONAL DEFINITIONS II-B-1 1-3 ABBREVIATIONS II-B-2 2-0 SCOPE AND CONTROL OF WORK I1-B-3 2-1.1 ACCESS TO PROJECT SITE II-B-3 2-1.2 OWNERSHIP AND USE OF CONTRACT II-B-3 DOCUMENTS 2-3 SUBCONTRACTS II-B-3 2-3.1 GENERAL II-B-3 2-3.2 ADDITIONAL RESPONSIBILITY II-B-4 2-4 CONTRACT BONDS II-B-5 2-5 PLANS AND SPECIFICATIONS II-B-5 2-5.1 GENERAL II-B-5 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS I1-13-6 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS II-B-6 2-8 RIGHT-OF-WAY II-B-6 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES II-13-6 2-9 SURVEYING II-B-7 2-9.3 SURVEY SERVICE II-B-7 2-9.3.1 CONSTRUCTION SURVEYING II-13-7 2-9.3.2 MEASUREMENT AND PAYMENT II-B-7 3-3.2.2 BASIS FOR ESTABLISHING COSTS II-B-7 3-3.2.3 MARK UP II-B-7 �i Agreement No. 5581 SECTION II—GENERAL REQUIREMENTS (Continued) PAGE 3-3.3 DAILY REPORTS BY CONTRACTOR II-13-8 3-4 CHANGED CONDITIONS II-B-8 3-5 DISPUTED WORK I1-B-9 4-1.3 INSPECTION REQUIREMENTS II-13-10 4-1.3.1 GENERAL II-B-10 4-1.3.2 INSPECTION OF MATERIALS NOT II-13-10 PRODUCED LOCALLY 4-1.6 TRADE NAMES OR EQUALS II-B-10 5-2 PROTECTION I1-B-11 5-2.1 INCORRECT LOCATION OF UTILITIES II-B-11 5-4 RELOCATION 11-B-I1 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL II-B-11 OR RELOCATION 5-5 DELAYS II-B-12 5-5.1 CALCULATING IDLE TIME II-B-12 6-1 CONSTRUCTION SCHEDULE AND II-B-12 COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE II-B-12 6-1.2 CONTENT OF CONTRACT SCHEDULE II-B-12 6-1.3 EFFECT OF CONTRACT SCHEDULE II-B-13 6-1.4 COMMENCEMENT OF CONTRACT TIME II-B-14 6-4 DEFAULT BY CONTRACTOR I1-B-14 6-4.1 GENERAL II-13-14 6-4.2 TERMINATION OF CONTRACTOR'S II-B-14 CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL II-13-15 6-6 DELAYS AND EXTENSIONS OF TIME II-B-15 6-6.1 GENERAL II-B-15 6-6.2 EXTENSION OF TIME II-B-16 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR I1-B-16 6-6.4 WRITTEN NOTICE AND REPORT II-13-16 6-7.2 WORK DAYS AND WORKING HOURS II-B-17 6-7.4 NIGHT WORK 11-B-17 6-7.5 WEEKEND AND HOLIDAY WORK II-B-18 6-8 COMPLETION AND ACCEPTANCE II-B-18 6-8.1 GENERAL GUARANTY 11-B-18 6-9 LIQUIDATED DAMAGES 11-B-18 6-9.1 FAILURE TO COMPLETE WORK ON TIME 1I-B-18 6-11 DISPUTES AND CLAIMS; PROCEDURE 11-B-19 6-11.1 GENERAL II-B-19 6-11.2 FORM 11-B-19 iii Agreement No. 5581 SECTION II—GENERAL REQUIREMENTS (Continued) PAGE 6-11.3 CLAIMS SUBMITTED TO ENGINEER II-B-21 6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY II-B-21 6-11.5 DECISION ON CLAIMS 11-B-21 6-11.6 APPEAL OF ENGINEER'S DECISION II-B-22 6-11.7 MEDIATION II-B-22 6-11.8 ARBITRATION II-B-22 6-11.9 WHEN ARBITRATION DECISION BECOMES II-B-23 BINDING 6-11.10APPEAL TO SUPERIOR COURT; WAIVER II-B-23 OF JURY TRIAL 7-2 LABOR II-B-23 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-25 7-3.1 GENERAL 11-B-25 7-3.2 INDEMNIFICATION AND DEFENSE II-B-27 7-5 PERMITS II-B-28 7-8.1 CLEAN UP AND DUST CONTROL II-B-29 7-8.1.1 GENERAL I1-B-29 7-8.1.2 WATERING II-B-29 7-8.6 WATER POLLUTION CONTROL II-B-29 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 11-B-30 7-10 PUBLIC CONVENIENCE AND SAFETY 11-B-30 7-10.1 TRAFFIC AND ACCESS II-B-30 7-10.2 STREET CLOSURES, DETOURS, BARRICADES II-B-31 7-10.5 PROTECTION OF THE PUBLIC 11-B-31 7-15 HAZARDOUS MATERIAL 11-B-32 9-2 LUMP SUM WORK II-B-33 9-3.2 PARTIAL AND FINAL PAYMENTS II-B-33 9.3.3 DELIVERED MATERIALS II-B-34 100-ITERMINATION OF AGENCY LIABILITY 11-B-34 iv Agreement No. 5581 SECTION III-SPECIAL PROVISIONS APPENDICES APPENDIX A: PROJECT IMPROVEMENT PLANS Agreement No. 5581 NOTICE INVITING SEALED BIDS FOR THE LIBRARY WIFI AND READING LOUNGE RENOVATION IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 18-04 The City of El Segundo is accepting sealed bids in the City Clerk's office, 350 Main Street, El Segundo, California 90245, until 11:00 a.m. on: TUESDAY, AUGUST 7, 2018 at which time they will be publicly opened. Bids will not be accepted after that time. As described in the Bidding Documents, the bids are for a public works project ("Project") which consists of Water Main Improvement and related work as shown on the plans on file with the City's Public Works Department. Work on the Project must be performed in strict conformity with Specifications No.PW 18-04 as adopted by the El Segundo City Council on JULY 17, 2018 which is filed with the Public Works Department. Copies of the Plans, Specifications, Contract Documents and Engineer's estimate are available from the Engineering Division of the Public Works Department,City of El Segundo, 350 Main Street, El Segundo, California, 90245. Plans And Specifications are alternately available electronically via http://www.elsegundo.org/depts/works/Project—request—contact—form.asp A mandatory pre-bid meeting is scheduled for Tuesday,July 31,2018 at 9:30 AM, at the HR Conference Room, 350 Main Street in El Segundo, CA 90245. Bidders' attendance at this meeting is mandatory.Questions regarding the bid shall be submitted by 5:00 pin on Thursday, August 2,2018, to http://www.elsegundo.org/depts/works/project—request—contact—form.asp. The terms and conditions for bidding on the Project are described in the attached Bidding Instructions. This project requires payment of State prevailing rates of wages for Los Angeles County. The contractor must post copies of the prevailing schedule at each jab site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit,Telephone No. (4 t 5) 703-4774. The website for this agency is Currently located at www.dir.ca.gov. Note that the Project is subject to compliance monitoring and enforcement by California I-A-I Agreement No. 5581 Department of Industrial Relations.Pursuant to California law,the City must find bids failing to comply with all applicable Labor Code requirements including,without limitation, Labor Code §§ 1725.5 and 1771.4 to be nonresponsive. The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment,as set forth in Executive Order 11246 and 11375. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry, sex,or religion in any consideration leading to the award of contract. The Contractor's duty to pay State prevailing wages can be found under Labor Code Section 1770 et. Seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment. Five percent(5%)will be deducted from each progress payment and retained by the City. The remainder less the amount of all previous payments will be paid to the Contractor. Pursuant to Public Contracts Code ("PCC") § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified,pursuant to PCC §22300,any Such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor's request. In entering into a Public Works contract,or a subcontract,to supply goods,services,or materials pursuant to a public works contract, the Contractor, or Sub-Contractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (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 scaled envelope plainly marked on the Outside: I..,A Agreement No. 5581 "SEALED BIDS FOR PROJECT NO.: PW 18-04 LIBRARY WIFI AND READING LOUNGE RENOVATION 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 "B." The successful Contractor and his Sub-Contractors will be required to possess the correct license for their project classifications, and valid City Business Licenses from the City of El Segundo. The City of El Segundo reserves the right to reject any or all bids,to waive any irregularity,and to take all bids under advisement for a period of ninety (90) calendar days. Any contract entered into pursuant to this notice shall become effective or enforceable against the City of El Segundo only when the formal written contract has been duly executed by the appropriate officer(s) of the City of El Segundo. DATED this day of , 20 CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I-A-3 Agreement No. 5581 BIDDING INSTRUCTIONS 1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents. 1.1 "Addenda" means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections. 1.2 "Alternate" means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both. 1.3 "Bid Deadline"means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda. 1.4 "Bidder" means a person or firm that submits a Bid. 1.5 `Bidding Documents" means the construction documents prepared and issued for bidding purposes including all Addenda. 1.6 "Lump Sum Base Bid" means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates. 1.7 "Unit Price" means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2. BIDDER'S REPRESENTATIONS. By making its Bid, Bidder represents that: 2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents. 2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents. 2.3 The Bid is based upon the materials,equipment,and systems required by the Bidding Documents. 2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor's State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work,and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§7000-7191 establish licensing requirements for contractors. If a Bidder,that is a specialty contractor, submits a Bid involving 3 or more specialized building trades. the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold a General Engineering contractor "A" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade. 2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity I-B-l Agreement No. 5581 bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action.Noiliing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted,the burden of proof to establish licensure or proper licensure is on the licensee. 2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents. 2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder's behalf. 2.8 Bidder is aware of and, if awarded the Contract,will comply with Applicable Code Requirements in its performance of the Work. 2.9 The Bidder has paid the City's business license fee(s) 2.10 The Bidder, per SB 854 requirements for public projects, has registered with and paid their annual fee to the California State Department of Industrial Relations. Information about SB 854 and its requirements can be found at this link: http://www.dir.ca.gOV/PLiblic-Works/SB854.html 3, BIDDING DOCUMENTS 3.1 Bidders may obtain complete sets of the Bidding Documents from the City's Public Works Department for the sum stated in the Notice for Bids. 3.2 Bidders will use a complete set of Bidding Documents in preparing Bids. 3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. 4, INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS. 4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City's Representative errors,inconsistencies,or ambiguities discovered. 4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City's Representative. 4.2.1 The release of the bid package begins a quiet period for potential Bidders participating in this project. The City of El Segundo realizes it is critical to provide Bidders with a vehicle to ask questions so that quality responses can be prepared. Questions must be submitted in writing to project managers via the City website: orks/proliect YeO.LICSt.-contaq, forni.asp. 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 must not call City of El I-B-2 Agreement No. 5581 Segundo employees to discuss potential projects or ask questions regarding the bid. Questions Due by 5:00 pm, 8/2/2018 Questions Answered by 8/6/2018 4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications,interpretations,corrections,and changes to the Bidding Documents made in any other manner will not be binding and Bidders must not rely upon them. 5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents. 6. SUBCONTRACTORS. 6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor's business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is frilly qualified to perform that portion of the Work and will perform do so. 6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City's written consent in accordance with California law. 7. ADDENDA. 7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda. 7.2 Copies of Addenda will be made available for inspection at the City's Public Works Department. 7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued anytime before the Bid Deadline. 7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid. 8. PRE-BID CONFERENCE. Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be I-B-3) Agreement No. 5581 rejected. 9. FORM AND STYLE OF BIDS 9.1 Bids will be submitted on the Bid Form included with the Bidding Documents.Bids not submitted on the City's Bid Form will be rejected. 9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter. 9.3 Bidder's failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter"No Change." 9.4 Each Bidder must fill out the"Bidders Statement of Past Contract Disqualifications" form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information. 9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner. 9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction,the Bidder(if awarded the Contract)specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the contract,wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations,the cost of such changes must be covered as extra work. 9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder's Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected. 9.8 Bids must be submitted in writing on the Proposal forms provided by the City of El Segundo. One (1) set of these Proposal forms is inserted loose herein for use by the bidders. Bidders are required to submit one (1) original set of the proposal forms. All information requested therein must be clearly and legibly set forth in the manner and form indicated. 9.9 Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents, and by any other means as they may believe necessary,as to the actual physical conditions,requirements and difficulties under which the work must be performed. No bidder shall at any time after submissions of a proposal make any claim or assertion that there was any 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-4 Agreement No. 5581 10. BID SECURITY 10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder's obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to "City of El Segundo." When a Bond is used for Bid Security, failure to use the City's Bid Bond form will result in the rejection of the Bid. 10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event,the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security,between the amount of the disqualified Bid and the larger amount for which the City procures the Work. 10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety.a notarized and cLirrent copy of the power of attorney will be affixed to the Bid Bond. The surety issLiing the Bid Bond %,vifl be listed in the latest published State of California,Department of Insurance list of, "Insurers Admitted to Transact Surety Insurance in This State." 10.4 The City will retain Bid Security until the occurrence of one of the following: 10.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City. 10.4.2 The specified time has elapsed during which Bids may be withdrawn. 10.43 All Bids have been rejected. 10.5 The Bid Form, Bid Security, and all other documents required to be Submitted with the Bid must be enclosed in a sealed opaque envelope. The envelope must be addressed to the City Clerk. The envelope must be identified with the Bidder's name and address, and identify the Project for which the Bid is submitted, as follows: "SEALED BIDS FOR PW 18-04, LIBRARY WIFI AND READING LOUNGE RENOVATION.DO NOT OPEN WITH REGULAR MAIL."Proposals may be mailed or delivered by messenger. 10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened. 10.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids. 10.8 Oral,telephonic,facsimile,or telegraphic Bids are invalid and will not be accepted. 10.9 All proposals Must be Submitted,filed,made,and executed in accordance with State and Federal laws related to bids for contracts of this nature whether the same is t-B-5 Agreement No. 5581 expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth,contemplated,and referred to in the Plans,Specifications,and other contract documents, and to full compliance therewith. 11. MODIFICATION OR WITHDRAWAL OF BID. 11.11 Before the Bid Deadline,a submitted Bid may be modified or withdrawn. Notice of such action will be given to the City in writing and signed by the Bidder's authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid. 11.12 A withdrawn Bid may be resubmitted up to the Bid Deadline,provided that it then fully complies with the Bidding Requirements. 11.13 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted. 11.14 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders. 11.15 Proposals may not be withdrawn after said Bid Deadline without forfeiture of the proposal guarantee. 11.16 The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so. 11.17 No mention shall be made in the proposal of Sales Tax, Use Tax, City Business License, or any other tax,as all amounts bid will be deemed and held to include any such taxes, which may be applicable. 11.18 No mention shall be made in the proposal of the cost of bonds as all amounts bid will be deemed and held to include any such costs, which may be applicable. 12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13. REJECTION OF BIDS. 13.1 The City will have the right to reject all Bids. 13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. 13.2.1 Unrequested/unauthorized conditions, limitations,or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.No oral,telegraphic,or telephonic proposal,modification,or withdrawal will be considered. 133 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 I-B-6 Agreement No. 5581 Professions Code, 14. AWARD 14.1 The City may retain all bids for a period of sixty (90) days for examination and comparison, and to delete any portion of the work from the contract. 14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City. 14.3 The City will have the right to accept Alternates in any order or combination,unless otherwise specifically provided in the Bidding Documents. 14.4 The City will determine the-low Bidder on the basis of the SLIM of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any,plus the Contractor Delay Damages Multiplied by the "multiplier" as stated in the Bid Form, plus the amounts of all accepted Alternates. 14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City's maximum daily liability as a result of City delays to Contractor, if any,and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays.In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor's actual daily delay damages,whichever is less,for each day of Compensable Delay as provided for by these Contract Documents. 14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten(10)days after receiving the City's notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items: 14.5.1 Two originals of the Agreement signed by Bidder. 14.5.2 One original of the Payment Bond. 14.5.3 One original of the Performance Bond. 14.5.4 Certificates of Insurance on form provided by the City. 14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders' company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references. 14.5.6 Preliminary Contract Schedule. 14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not Submitted, the City will withhold retention. 14.5.8 Cost Breakdown. 14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a Substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of I-B-7 Agreement No. 5581 any Subcontractor based upon information received subsequent to award, information which cannot be property evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract. 14.7 If Bidder submits the original signed Agreements and all other items within ten(10) days after receiving the City's notification, and all such items comply with the requirements of the Bidding Documents,the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder. 14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City's notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract,the City may reject such Bidder's Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. I-B-8 Agreement No. 5581 PROPOSAL FOR THE LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 Date 20 Company Name., TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Scaled 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 Linder 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. EOUAI, EMPI,ON',Vll,-,N'I' OPPOR'I-IJNi,rN' (")mpu,,oci�: 1-c-t Agreement No. 5581 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. [-C-2 Agreement No. 5581 BID SCHEDULE LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 Company Name: ITEM DESCRIPTION UNIT QTY UNIT AMOUNT NO. PRICE IN FIGURES Mobilization/Demobilization LS 1 $ Demolition Work (removal and 2 disposing of the following: carpet, LS 1 $ $ window treatments, other furniture) Area dust protection 3 LS 1 $ $ Electrical system ..........s improvements 4 LS 1 $ $ ---—-----_-_....... ... Carpet and associated flooring 5 installation including cement LF 1,517 $ $ underlayment .......... ...... Interior painting 6 LS 1 $ Alternative Bid Items (Determined by the Cit on as-needed basis) ..... .............Y, -'s)........... ........... Grinding of shelving anchorage bolts 7 and disposing of it with the reference LS 1 $ shelves Misc. Library Improvements ............ 8 LS j 1 $5,000 $5,000 ................ ............ ­!.......... ......-—-_ TOTAL BID ITEM ITHROUGH 8 = $_.. ........ ..... ........... TOTAL BID WRII'TEN IN WORDS. ............. Agreement No. 5581 (BLANK PAGE) I-C-3b 4m[eeDleOt No. 5581 BIDDER'S INFORMATION Company Name: BIDDER certifies that the following iufhono1ioo is true and correct: Form ofLegal Entity (i.u., individual, partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) _____ ...... Business Address Telephone No.,, Facsimile No. State CnotcautVc'a License No. and Class _ ....... _ __........ __ Original Date IssuedExpiration Date _ The following are the names, titles, addresses, and phone numbers ofall individuals, firm members, partners,jointventurcrs, nod/or corporate officers having principal interest in this proposal: .__. ___ The date of any voluntary or involuntary bank-ruptcy judgments against any principal having an interest iothis proposal is as follows: .. All current and prior[)BA'o, aliases, and/or fictitious business uaoucs for any principal having an interest iuthis proposal are ao fb||ovvn: ________ Agreement No. 5581 BIDDER'S INFORMATION(CONTINUED) Company Name: Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Title: I-C-5 Agreement No. 5581 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles, hands, and seals of all a forenamed principals this—day of....................... 20 . BIDDER ............... Subscribed and sworn to this day of . 20—, NOTARY PUBLIC [-C-6 Agreement No. 5581 PROPOSAL GUARANTEE BID BOND LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 KNOW ALL MEN BY THESE PRESENTS that, , as BIDDER,and as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($ .), 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. 5581 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 ....................... 1 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 11 �. Ir­­.1..1.1,........................... Title Company Name I-C-8 Agreement No. 5581 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;thatthe bid is Oenuine and not collusive or sham;that the BIDI)ER has not directly or hidirectly hickiced or solicited any other BIDDER to put in a false or shain bid. and has not directly or indirectly colluded,conspired,connived,or agreed with any l3JDDli,'R or anyone e1sc 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 ariy other BIDDER.or to fix any overhead. profit,or cost element of the bid price. or of that or any other BIDDER, or to secure ariy advawage agiiinst the public body, awarding the contract of anyone interested in the proposed contract;that all statements containe-d in the bid are trace: wid further,th it the bidder has not,directly Or i11dir(,!Ct1V.SUbillitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged informatioti or data relative thereto, or paid, and will not pay, any fee to any corporation. partnership, company association, organization, bid depository, or to my member or agent thereof to effectuate a collusive or sham bid. .................. ............. Signature Name of Bidder/Company Name Typed Name Date ..........IT— Title I-C-9 Agreement No. 5581 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: i, ..-..-.. 1 Dated this day of , 20 [-C-10 Agreement No. 5581 DESIGNATION OF SUBCONTRACTORS LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 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: ............ Name of Sub- Description of Subcontractor contractor portion of License Work Estimated Number Address Subcontracted $Amount .... ....... ........J .................... ......--__............ ............. Agreement No. 5581 REFERENCES Company Name: The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5) years: I . Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount:$ _ Date completed: Amount of work done by my/our firm under contract$111.1.... Did your firm have any financial interest in Project? 2. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount:$............ .............................�. Date completed: .... Amount of work done bymy/our f irrn under contract$ Did your firm have any financial interest in Project? t-C-t2 Agreement No. 5581 3. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount: ............. Date completed: Amount of work done by my/our firm under contract$ Did your firm have any financial interest in Project?........... ...... ...... 4. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project: Type of Work: Contract amount: Date completed: Amount of work done by my/our firm under contract$—,,,.... Did your firm have any financial interest in Project?__, 5. Project Title: Location: Name and address of owner I-C-13 Agreement No. 5581 Name and current telephone number of person familiar with project: Type of Work: Contract amount:$ 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. 5581 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 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. I. Have you ever been disqualified from any government contract? Yes 0 No 0 2. If yes, explain the circumstances-, .................__............ ..........----------............. ............ .......... 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as non-responsive]? Yes 11 No 171 Bidders 5.... Name (Please Print) 1-C-15 Agreement No. 5581 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] LIBRARY WII AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 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: ly-p—e 2f 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" Linder 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 I (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:Vll." 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 C"di Cornia 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 C, 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. 5581 END PROPOSAL SECTION 1-C-17 Agreement No. 5581 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 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"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents, B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing;vehicles;transportation;office space and facilities;all tests,testing and analyses; and all matters whatsoever(except as otherwise expressly specified to be furnished by the City)needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents"means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Spec i fications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Dollars ($ for the Work in the manner set forth in the Contract Documents. 'The City may adjust this amount as set forth in the Contract DOCLIments. 3, TIME FOR PERFORMANCE, I-D-1 Agreement No. 5581 A. The Contractor will fully complete the Work within working days (the "Contract Time.") B. The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written,signed,and numbered purchase order and notice to proceed. D. By signing this Contract,the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code§9201,the City will pronilitly hi forin the Contractor regarding third-party claims against the Contractor,but in no event later thaii ten(10)business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents,the Contractor agrees to indemnify and defend the City against any third-party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense,will obtain and maintain during the Contract Time,,all necessary permits, licenses, and certificates that inay be required in connection with the Word. 8. OWNERSHIP OF DOCUMENTS. All documents,data,studies,drawings,maps,models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, bUt will deliver all on-11hial materials to the City upon the City's written notice. 9. INDENINIFICATION. The ('oiitractor agrees to indemnify, defend, and hold the City harinless as set f"Orth in the Contract Documents. The requirements as to the types and limits I-D-2 Agreement No. 5581 of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City,are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either 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 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. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. C-D-3 Agreement No. 5581 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and,as so modified,Such portion and the balance of this Contract Will ContinUe in full force and effect. 17. AUTf1ORJTY/MODIFI CATION. I'lie Parties represent and warrant that all necessary action has been taken by the Parties tca aL10101-iZC the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modil'ied by written amendment. The City's city manager,or designee, inay execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this(,"ontract,an(i related documents to be entered into in connection with this Contract will be considered signed when the signature ofa party is delk,ered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions,the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. I-D-4 Agreement No. 5581 CITY OF EL SEGUNDO .................. ... mm__.._........ Greg Carpenter City Manager ATTEST: Taxpayer fl)No. Tracy Weaver, City Clerk Contractor State License No.: Contractor City Business License No. APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By: . ....... David H. King, Assistant City Attorney Insurance Reviewed by:....... . ............ mm I-D-5 Agreement No. 5581 FAITHFUL PERFORMANCE BOND LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 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 SUrCty("SURETY"),are lield and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of —DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond,SPECIFICATIONS NO.PW 18-04,and the public works contract executed with such Specillications. In the case of any default in the performance oft lie conditions and Stil.)Lll,'ItiOl'ISOftiliSLliictei-takiiig, it isagreed'that PRINCIPAI., or StflU:.TY 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 18-04, 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 DRAWINGVNO. PW IS-04)whic[i are Made a part ofthis bond when said plans and proliles are approved by the City Coinicil and filed with CITY's Engineering Division. CI"1"`x' has estiniated the require(] amount cal"(lie bond as shownabove. 1 PRINCIPALs work on (lie Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PlUN(]PAL fail to complete all reqUired work within llic tinw allowed,CITY may,at its sole discretion,cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL Will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's I-E-1 Agreement No. 5581 completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 18-04 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; R 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 frill force and effect. [SIGNATURES ON FOLLOWING PAGE] I-E;-2 Agreement No. 5581 SIGNED AND SEALED this day of 20 PRINCIPAL's PRESIDENT SURETY's PRESIDENT PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: .......... NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1)original to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance of the job. I-E-3 Agreement No. 5581 LABOR AND MATERIALS BOND LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT NO.: PW 18-04 Bond No. Bond Fee: .......... .........................-m as principal ("PRINCIPAL") and .................... ......................... 9 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 SLIM Of ---.................. ........... 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 LIBRARY WIFI AND READING LOUNGE RENOVATION PROJECT, SPECIFICATIONS NO. PW 18-04 ("Public Project"),the public works contract executed for Such Public Project, and for all work or tabor 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 18-04, 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. PW18-04),. 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. tD 1 PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment, 3. PRINCIPAL will pay for all materials and other supplies,foreqUipment Used in, I-F-I Agreement No. 5581 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 18-04, or of the obligation to be performed will in any way affect its obligation on this bond, and it \r�,aives notice of any such change, extension of time, alteration or modification of the cowract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY'S representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY'S certificate of authority has not been surrendered,revoked,cancelled,annulled,or suspended,or in the event that it has,that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 5581 SIGNED AND SEALED this day of 20_,.__. PRINCIPZs 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. 5581 SECTION 11 - GENERAL RE01ARENIENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGISTRA]"JON OF CONTRACTO16 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, JNS(.)RArNCl'-' AND CIT ' BUSINESS Ll('I,-NSE, Contractor and Sub-Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMrERCjEN('N' INI"ORNIATION 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. FLIRNIS14ING OF WATtR Water necessary for the prosecution of the work as herein specified wil I be furnished by the City in the following manner: The CONTRACTOR will deposit with the City Water/Wastewater Division the suns ofTbree Hundred Dollars($350.00)to insure against dainaac to 2 V2"' Fire Hydrant water meter\vhich 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 CONTRACTOIZ Upon completion ofthe Project if, after removal and inspection ol'said meter by the City, it is bound to be in satisl(ictory condition. In event of damage to this meter while under thejurisdiction of the CONTRACTOR. all or aoy part of said deposit may be retained by the City. An non-refundable Activation Fee of One Hundred Dollars ($100.00) will be charged upon activation of the temporary meter. 5. CALIF ORNIA - OCCUPATIONAL SAFETY & HEALTH AD 'IINISTRATION H-A-1 Agreement No. 5581 All work performed under this contract will be done in strict compliance with the Cal-OSHA Rules and Regulations, latest edition. 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules,regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use Of IOUd signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR POLLU"FION (,Q',NFWL 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. W'ORKER UNIFORNIS All workers under the employment of the Contractor or his/her Sub-Contractor will wear an orange vest or an orange shirt while working in the public right-of-way. 11-A-2 Agreement No. 5581 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD SPECIFICATIONS 0-1 GENERAL Except as modified by these Standard Specifications,the provisions of the latest edition of the "Standard Specifications for Public Works Construction" ("Greenbook")and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. 0-2 NUMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greebook numbering. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 1-2.1 ADDITIONAL DEFIN[1,IONS Acceptance—The date on which the City Council accepts the Work as complete, Architect,Design Engineers,Soils Engineer, Structural Engineers-Advisors employed by the City. City Council - The body constituting the awarding authority of the City. Compensable Delay -- a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement. Due Notice-A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time(usually 48 hours or two working days) before the commencement of the contemplated action. Notification may be from Engineer to Contractor or from Contractor to Engineer. Engineer - The City Engineer, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Engineer or his designated representative. II-B-I Agreement No. 5581 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. 0 (Check if applicable) State Standard Specifications - State of California Standard Specifications, dated July 1992, Business and Transportation Agency, Department of Transportation Working Days-A working day is defined as any day,except Saturdays, Sundays, legal holidays and days when work is Suspended by the Engineer, as provided in Subsection 6-3 and days determined to be non-working in accordance with Subsection 6-7, "Time of Completion." 1-3 ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America RISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The Most Current edition of the Standard Specification for Public Works Construction, and Subsequent supplements prepared by Southern California Chapters of AGC and APWA WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association current edition and subsequent Supplements ASA American Standard Association CITY City of El Segundo 2-0 SCOPE AND CON-l"ROL OF WORK The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCESS TO PROJECT SITE Not later than the date designated in the Current Contract Schedule Submitted by the Contractor,the City will provide access to the real property and facilities upon which the II-B-2 Agreement No. 5581 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 Ol" CONTRACT DOCUMENTS. The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2-3 SUBCONTRACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§ 4 100 et. seq., each bidder will file with its bid the name and location of the place of bU_%inCSS 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 vVIlo, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed draNvinos contained in the plans and specifications, in an amount in excess of one-half of one pet-cent of the prinic 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 ofthe Contractor to specify a subcontractor, or the listing of more than One subcontractor for the same portion of the world, constitutes an agn!enient by the Contractor that it is fully qualified to perform that portion itselfand that i,t will peiiorm that portion itself. The Contractor must have the City Council's written consent to substitute a SUbcontractorother than that designated in the original bicl,to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other Ilian 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.1"he Contractor will be solely responsible for 11-B-3) Agreement No. 5581 and have control over construction means,methods,techniques,sequences,procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action.The Engineer may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Engineer,the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action.Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee. 2-3.2 ADDITIONAL RESPONSIBILITY Add the following to Subsection 2-3.2 Additional Responsibility: The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than ten percent (10%) of the Work. 2-4 CONTRACT BONDS The following paragraph is added to Subsection 2-4 of the Greenbook. 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 Greenbook is replaced by the following subsection. 2-5.1 GENERAL The Contractor will maintain the following at the Work site.- One ite:One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As-built plans CI-B-4 Agreement No. 5581 are to be submitted to the City representative for approval prior to acceptance of the project as complete. 2. The current accepted Contract Schedule. 3. Shop Drawings, Product Data, and Samples. 4. Approved permits from other agencies, including Cal-OSHA permits for trench shoring. 5. All other required submittals. The Plans,Specifications,and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will lie 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 xork or in any item to which it is appurtenant. If the Contractor performs any work which it knows or should know involves an error,inconsistency,or omission without notifying and obtaining written consent from the Engineer, the Contractor will be responsible for the resulting losses, including, without limitation,the costs of correcting defective work. 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS The following paragraph is added to subsection 2-5.2 of the Greenbook: As the tioured dimensions shown on the plans and in the specifications of the Coritract ilia), 1101 in every case agree with scaled dimensions, the figured dimensions will be ("ollo\ved in preference to the scaled dimensions, and plails, 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 explaiiations as may be necessary. and will Cojijorm thereto as part of the Coritract so rar as may be consistent with the terms thereof. Any items shmkii ora drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. 2-5.5 ACCURACY OF PLANS AND SPEC I FJ("A"I'ION S Although it is believed that niuch of the information pertaining,to conditions and existing utilities that may affect the cost or the Work will be shown ora the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy Of Such 11-B-5 Agreement No. 5581 information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work.Errors, inconsistencies,or omissions discovered at any time will be promptly reported in writing to the Engineer. 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s)of said work areas or facilities before acceptance of the work. 2-9 SURVEYING ............................ Subsection 2-9.3, Survey Service,is deleted in its entirety and replaced by the following subsection: 2-9.3 SURVEY SERVICE 2-9.3.1 CONS"I'MX"ti"lON SL1RV'1Y1N( The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction,the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. II-B-6 Agreement No. 5581 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 MEASIJRL�tMEN'f AND PAYNIENT 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, I percent will be added as compensation for bonding.No other formula,e.g.,the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) will be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000 of the subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays,City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid H-B-7 Agreement No. 5581 Form or Contractor's actual daily delay damages,whichever is less,for each day of Compensable Delay as provided for by these Contract Documents. 3-3.3 DAII..'Yi�t-,.PoR'I"SBYC'Oi'fiZAC'")"OR Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work,the Contractor may seek compensation in accordance with the Claims procedure.Daily Reports required by this subsection must be made part of the Claim as Supporting data for the Claim. 3-4 CHANGED CONDITIONS Subsection 3-4, Changed Conditions, is deleted in its entirety and replaced with the following subsection: If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected("changed conditions"), the Contractor will immediately notify the Engineer in writing of such changed conditions (upon discovery and before disturbing such changed conditions), as provided in Subsection 6-11, so that the Engineer can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding the thirty (30) day time period set forth in Subsection 6-11.3, the Contractor will be liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions will include, without limitation, the following: I. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an UnLISUal nature differing materially from Z:> 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 1, 11, or III disposal site in accordance with applicable law. The Engineer gineer 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: 11-B-8 Agreement No. 5581 I. 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 DISPUTI"J.) 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 INSPEC"HON 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 re(JU ired.A certificate of compliance, signed by an authorized (.)fficer of the producer, certifying; compliance with the contract (10CLIMents kvill be SUbinitted for all of the following materials: steel pipe, sizes less than 18 inches, vitriflied clay pipe; asbestos cement pipe, cast iron pipe;reinforced concrete pipe;non-reinforced concrete pipe:and PVC sewer aiid water pipe; subject to sampling and testing by City. Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are Subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract documents. 11-B-9 Agreement No. 5581 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. 4-1.6 Tl�ADE MANIES Old-E",,t 1 fA1. 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. X 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 b ')d e the date of the bid opening.Failure to submit all required documentation and/or submittal of incomplete documents may result in the City's rejection of the proposed "equal" product without further consideration. 5-2 PROTECTION The following subsection is added to Subsection 5-2 of the Greenbook. 5-2.1 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. II-B-10 Agreement No. 5581 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 5-4.1 RESPONSIBIt-ITY OF REMOVAL OR RELOCATION. The City will be responsible to arrange for the removal,repair,or relocation of existing utilities located Nvithin the prr�Iect limits if such utilities are not correctly identified in the contract plan,, or specifications by the City. The City will have the sole discretion to perform repairs or rel(:)cation work or permit the Contractor to do such repairs or relocation. 5-5 DELAYS The following paragraphs are added to Subsection 5-5 of the Greenbook. Actual loss,as used in this Subsection,will be understood to include no items of expense other than idle tine:o f equipment and necessary payments for idle time of workers,cost of extra moving of equipment, and cost oflonger hauls. Compensation for idle time of 11 CCILlipMellt alld idle time of %,orkers 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 Ionger liatils, will be paid for as extra work. The following subsection is added to Subsection 5-5 of the Greenbook. 5-5.1 CALCULA]"ING IDLE 111111 E Equipment idle time Will calculated in accordance with Subsection 3-3.2.2 and based Upon the actual nornial working time during which the delay condition exists. but in no case will exceed 8 hours in any one day. Hie days 1"or which coinpensation will be paid will be the calendar days, excluding Saturdays. Sundays and legal holidays, CIL11111-the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3-3.2.2. 6-1 CONSTRUCTION SCTIEDULE AND COMMEN CEN/IENTOF WORK Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. Pre-Construction Me tjm_l� After contract award, the City will arrange for a pre-construction meeting to discuss the construction of' the prqjject. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting. 11-B-I I Agreement No. 5581 6-1.1 CONTRA(J' 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 CONTRjkCTS(J-IEDULE 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 EFFECTOF CON"FRA- CTSCI IFT)ULE The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to COITIPICtC the Work within the ContractTirne. Extension ofany schedule beN!ond the Contract"lime will riot be acceptable.Schedules showing the Work cot-repleted ill less than the Contract may be acceptable if Judged by, the Engineer to be practical. Acceptance of such a schedule by the Engineer will not change the Contract"Time.The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan, develop,supervise,control,and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the Current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate Such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery R-B-12 Agreement No. 5581 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. 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 II-B-13 Agreement No. 5581 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 rn may have under these Contract Documents or applicable law. 6-4.3 St..-JRl1TY*S ASS LAI 11TI ON' OF ("ONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work prognresses, 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 c0iitractor, 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 EX,.'[ENSIONS OF TIME [t-B-14 Agreement No. 5581 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. 6-6.2 I"XTENS IONS ot., 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 11AYMENT FOR DEI,,,AYS TO C'ON"fRACTOR 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 /\Nl) R11."P0 RT 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. 11-B-15 Agreement No. 5581 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 'A1' :ARK DAYS AND WOR INC HOURS City Hall is open from Monday thru Thursday lam-bpm. It is closed every Friday and the following holidays: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Christmas Eve Christmas New Year's Eve Working on Fridays when City Halt is closed is acceptable; however, if the Contractor requests an inspection a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and Must be discussed with City staff prior to its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed,that day shall be counted as a project working day. On workdays,Contractor's activities will be confined to the hours between 7:00 a.m.and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 N'l G l ] '(I.)R< The following paragraph is added to Section 6-7 ofthe Greenbook: The City will not permit Work between the hours of 4 p.m. and 7 a.m. of the following 11-B-16 Agreement No. 5581 day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WEEKEND AND HOLIDAY WORK The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 COMPLETION ?\ND ACCEPTANCE Subsection 6-8 is deleted in its entirety and replaced by the following: The Work will be inspected by the Engineer for acceptance upon the Engineer receiving the Contractor's written assertion that the Work is complete. If, in the Engineer's judgment, the Work is complete and is ready for acceptance, the Engineer will accept the Work on behalf of the City in the manner prescribed by the City. The Engineer will recommend approval of the Notice of Completion to the City Council. This will be the date when the Contractor is relieved from responsibility to protect the Work. All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a period of I year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer,after notice to do so from the Engineer,and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 6-8.1 GENERAL GUARANTY The Contractor will remedy any defects in the work and pay for any damage to other work resulting therefrom,which will appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 6-9 lJOtllDAT'E1.) DAMAGES Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and replaced by the following subsections. 6-9.1 FAILURE TO COMPLETE WORK ON TIME If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of II-B-17 Agreement No. 5581 and by reason Of Such delay, it is therefore agreed that the Contractor will pay to the City the SLIM 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 DISP(JTFS AND CLAIMS: PROCIEDLME 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. 6-112 FO A Claim Must include the following: 1. A statement that it is a Claim and a request for a decision, 2. A detailed description of the act,error, omission, unforeseen condition,event or other condition giving rise to the Claim, 3. If the Claim is subject to the Change Order procedures, a statement 11-B-18 Agreement No. 5581 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) I fthe 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 Clairn is submitted,the Claim must include aCtUal cost records (including. WithOUL 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 Clairn is submitted, actual cost records rntist 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(lie (late 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 verily r 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 arfirinative representation that the error or omission was not discovered before stsbinitting a bid for the Contract; and b) A detailed statement dernonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract. 6. If the Claim involves an extension of the Contract Time,written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. & A personal certification from the Contractor that reads as follows: 41, -.1-,BEING THE (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS 11-B-19 Agreement No. 5581 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 (,'LAIMS SUBMIT"TED 11"O l. NGINEER Within (30) calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Engineer for a decision.Regardless of any Claim submittal,or any dispute regarding a Claim,unless otherwise directed by the Engineer, the Contractor will not cause any delay,cessation,or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents. 1 6-11.4 CL,,-\Pv1 IS PW,`1RE0UISJTF, 'r0 OTI IER REtIVIEDY 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 calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than 30 days after either receiving the Claim or the deadline for furnishing additional Supporting data,whichever is later.If the Engineer fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Engineer's decision will be final and binding unless appealed in accordance with these Specifications. The Engineer's decision on a Claim will include a statement Substantially as follows: 11-B-20 Agreement No. 5581 "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 calendar 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 calendar 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 calendar days of the City's final decision. 6-11.7 MEDIATION If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association("AAA") under its Construction Industry Mediation Rules,unless the use of such rules are waived by mutual stipulation of both parties. The parties may, but are not required to be, represented by counsel in mediation, The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City's right to assert that claim procedures were not followed. 6-11.8 ARBITRATION If the City and Contractor do not agree to mediation,then a disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8. The exclusive venue for any arbitration will be in Los Angeles County. The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally.Each party will pay its own counsel fees,witness fees, II-B-21 Agreement No. 5581 and other expenses incurred for its own benefit. 6-11.9 WHEN ARBITRATION DECISION W.",CONIES 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 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision,or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party's attorney's fees and court costs. 6-11.10 APPE'Al.., TO SUPERIOR COURT. WAIVER OF JURY TRIAL Should a party timely object to the arbitration decision,it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure ("CCP") §§ 1285,et seq.Notwithstanding the limitations set forth in CCP § 1286.2,the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation,error of law.The court will apply the substantial evidence standard of review when considering the appeal of an objecting party. BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,INTERPRETATION,PERFORMANCE,OR BREACH OF THESE CONTRACT DOCUMENTS,INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION 6-11. BOTH THE CITY AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES. 7-2 LABOR The following subsections are added to Subsection 7-2 of the Green Book. 7-2.3 PRE," AILIN(J \k"AGES 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 them wages. It will be the Contractor's responsibility to obtain copies of the prevailing rate of per them 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. 11-B-22 Agreement No. 5581 Labor Code § 1'777,5 requires the ('ontractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest tlie site ofthe public works project anal 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,in average of 15 percent in the 90 calendar days before the request for certificate, or b) When the number of apprentices in training in the area exceeds a ratio of one to five, or C) When the trade can show that it is replacing at least 1/'30 of its membership thl-OUgh 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 niaking SUCII 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 inav be obtained from the Director of"industrial Relations,ex-ofricio the Administrator of'Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7-2.4 RFCORD OF WAGES PAID: INSPEc"riON ["very Contractor and subcontractor will keep an accurate certified payroll records showing the narne. occupation, and the actual per diem wages, paid to each worker employed in connection with the Work. "I'lie record will be kept open at all reasonable hours to the inspection cif the body awarding the contract and to the Division of Labor Law Enforcenient. If requested by, the City, the Contractor will provide copies of the records at its cost. 7-3 1-1 A B I L ITY I N S U R A N C 1E� Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and II-B-23 Agreement No. 5581 replaced by the following subsections. 7-3.1 GENERAL Contractor will procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGE PER ISO FORM COMBINE OCCURRENCE D SINGLE LIMIT Comprehensive General Liability CL 00 02 01 85 or 88 $2,000,000 Business Auto CA 00 01 01 87 $t,000,000 Workers' Compensation Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor;or automobiles owned,leased,hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. T[-B-24 Agreement No. 5581 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) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on ail occurrence basis. Insurance on a claims made basis will be rejected. Any deductibles or sell'-insured retentions will be declared to and approved by City. 'I"he insurer will provide an endorsement to City eliminating such deductibles or self-insured retentions as respects the City,its officials,employees,agents, and volunteers. Except for Workers Compensation Insurance,Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No.03 20 10 1185,or equivalent. Cei-tif"tcite/ei,i(lot-seiiieilt for Worlcers Compensation Insurance will be furnished on State (,omp FU11d or other industry standard lbrin, Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. 11-13-25 Agreement No. 5581 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. Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). 7-3.2 INDEMNIFICATION AND DEFENSE In addition to the provisions of Subsection 7-3 of the Greenbook as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans. The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees,and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever. The Contractor wilt 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 II-B-26 Agreement No. 5581 liability, howsoever the same may be caused, resulting directly, or indirectly from the nature ofthe workcovered bythe contract,regardless of responsibility for negligence,to the fullest extent permitted by law. fit accordance Nvith Civil Code § 2782, Ilothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indeninification fordeath, Ury, In J in bodily ' Ury tO PrOpUty,oraway other loss, * j damage or expense arisingfrojil the sole negligence or willful misconduct ofthe City.or its agents, scrvants 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 Illay have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by tile Contractor will apply to all damages and claims for damages of every kind suffered, or alleged to have bCen SUffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor,regardless of whether ot: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 iii inspecting or accepting any work,or of ally other iiature, wvill in any respect relieve the Contractor or anyone else frons any legal responsibility, obligation or liability lie might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: 1"he Contractor will apply for permits required by the City Building Safety, Division. These permits will be issued oil a-no-fee- basis. 1-lowever,the Contractor must pay for atid obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees,(overweight and oversized vehicle permit fees)inspection permit fees or other fees charged or required for such permits must be paid by the Contractor.These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed, 7-8.1 CLEANUP AND DUS"FCONTROI., Subsection 7-8.1, Cleanup and Dust Control, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-8.1.1 GENERAL 11-B-27 Agreement No. 5581 On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet,the Contractor will be required to sweep the worksite utilizing a pick-up type street sweeper a minimum of once daily. 7-8.1.2 WATERING Water for the laying of dust caused by Contractor's operations or the passage of traffic through the work will be applied as necessary or as directed by the Engineer. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract,the Engineer will cause a meter to be installed.All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate Plus the Current daily meter rental rate.The Contractor will be charged a$15 reconnect fee if the Contractor wishes to move the meter to a different hydrant. Costs of water to be used will be included in the cost of various bid items. 7-8.6 WATER POLLIJTION CONTROL The following requirements are added to establish storm water and urban runoff pollution prevention controls. (a) Storm or construction generated water containing sediment such as,construction waste, soil, slurry from concrete/asp halt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor. (c) Discharge of concrete transit mixer wash water on to approved dirt areas (sub- grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining proper-ties, (1) No washing of construction or other industrial vehicles and equipment wilt be H-B-28 Agreement No. 5581 allowed adjacent to a construction site. During the rainy season(October 15 to April 15), Conti-actor 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 MOTECTION AND, RES'FORATION 01" EXISTING IMPROVEMENTS The following requirements are added to Section 7-9: Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively redLICed by the Contractors operations,such striping or markiiigs will also be considered as existing iinproVeJJJCJJtrS in([ tile 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 PIJBLIC CONVENIENCE AND SAFE"I"Y The following requirement is added to Section 7-10: Unless otherwise specified all traffic, control will be performed in accordance with the Work Area Traffic Control Handbook(WATCH)Latest l3dition,published by Building News. 7-10.1 TRAFFICAND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours prior to any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one(1)twelve(12)foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by tile Engitieer,The traffic lanes will be maintained on pavement,and will remain unobstructed.All work requiring that 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. 11-B-29 Agreement No. 5581 Clearances from traffic lanes will be five(5)feet to the edge of any excavation and two (2)feet to the face of any curb,pole, barricade,delineator,or other vertical obstruction. One four(4)foot wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets.The clearance from the pedestrian walkway to any traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage,and/or obstructions by the placement of an adequate number of lighted barricades(minimum two(2))at each location,one(1)at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type 11 per Section 7-3 and lights will be Type A per Section 7-6 of the`'Work Area Traffic Control Handbook" (WATCH). 7-102 STREETCLOSUI RES, DET()1JRS, 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 1 1/4 inch thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Engineer. 7-10.5 PROTECTION OF PU1111C It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public,The Contractor Will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property,which would result from interruption or contamination of public water supply, interruption of other public service,or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life,or damage to life and property,due directly or indirectly to prosecution of work Linder 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 H-B-30 Agreement No. 5581 and protection of adjacent structures or property, which may be damaged by the Contractorlsoperations and when, in the opinion ofthe Engineer,immediate action will be considered necessary in order to protect tile public or property due to the Contractor's operations Linder 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 stacb work to be done and inaterial 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 I-IAZARDOUIS MAT[-MAI... The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than f0Ur 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 \vaste. as defined in Health and Safety Code§25117,which is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) Unknown physical conditions at the site cd"any 1,111US1.1,111 nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. A Iter receiving notice from the Contractor, the Engineer Nvill 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,withotit I iinitation, the procedures for 1)rocuring change orders and filing claims) will be specified by the provisions ofStibsection 3-4 (Changed Conditions) of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially dills r, involve liazardOUS waste, or cause to change in the Contractor's cost or time require(] for pertbrniance of tile work, the Contractor will not be excused from any scheduled completion date provided For by the cc)ntract.but will proceed with all work to be performed under the contract. The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer detennines that material called to the Engineer's attention by the Contractor is hazardoLis 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 (Itialified personnel and appropriate eqLnprnent in the inanner 11-B-3)I Agreement No. 5581 required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work)of the Greenbook. 9-2 I,UMP SUNNI WORK Subsection 9-2, Lump Sum Work, of the Greenbook is deleted in its entirety and replaced by the following: Items for which quantities are indicated as "Lump Sum," "L.S.,"or"Job"will be paid for at the price indicated in the Proposal. Such ptyrnent 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 rn existing facilities, and clean Lip 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 SLIM. 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 [Limp sum work. 9-3.2 PAR"HAI, AND FINAL PAYNNIENTS The text Of Subsection 9-3.2 of the Standard Specifications is hereby deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the Closure date and submit it to the CITY for approval. When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and Submit it to the Engineer for approval. It will take a minimum of thirty-five (35) calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor.However,payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions. The full five percent (5%) retention will be deducted from all progress payments. The II-B-32 Agreement No. 5581 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. A City Council resolution established a Project Payment Account,encumbered money in the current budget,and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum.Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City's ability to draw from this fund, are conditions precedent to City's obligation to make payments to Contractor. 9-3.3 DELIVERED MATERIALS Materials and equipment delivered or stored,but not incorporated into the work,will not 11-B-33 Agreement No. 5581 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 - 11-B-34 Agreement No. 5581 SECTION III —SPEC)At, PROVISIONS 1. GENERAL 1.1 GENERAL STANDARDS AND PROJECT SPECIFICATIONS All work shall be performed in accordance with the Standard Specifications for Public Works Construction, latest edition, including supplements thereto, American Public Works Association, and Standard Plans for Public Works Construction. Strict compliance with State and local safety codes will be enforced.'The Engineer's decision shall be final as to interpretation and/or conflict between any of the referenced code, laws, ordinances, specifications and standards contained herein. 1.2 LOCATION OF WORK City of El Segundo Library, 111 Mariposa Avenue, El Segundo, CA 90245. 1.3 EXAMINATION OF JOB SITE The Bidder shall make a detailed physical inspection of the site before Submitting his/ her proposal. It is Understood'that the Bidder has satisfied himself/ herself regarding existing conditions and existing access conditions which may affect bid prices for the Z� proposed work. 1.4 WORKING DAYS, TIME FOR COMPLETION AND CONSTRUCTION SEQUENCE Contractor will commence work on date specified in the Notice to Proceed to be issued to said Contractor by the PUblic Works Department of City and will complete:work on the Project. within 40 (Forty) WORKING DAYS after the date of commencement. Hours of work shall be limited to 7:00 a.m.through 4:00 p.m.weekdays only,unless otherwise specified. 1.5 NOTIFICATIONS "I",lie Contractor will notify all agencies listed here in a rninirni,1111 Of fOrty-eight. (4 8) hours before start of(,)peration, "I"he 11(,fllowing list of names and telephone number,,,are intended for the convenience of the Contractor and the City does not guarantee either the completeness, or, correctness of this list. Ol"ERA"I'JON OFFICE TELEPHONE Start of work, Ken Berkman, Director of Public Works 310-524-2356 shutdown of work, Arianne Bola, Project Manager 310-524-2364 or resumption of work Melissa McCollum, Library Director 310-524-2730 after shutdown III-A-1 Agreement No. 5581 Closing of streets El Segundo Police Department** 310-524-2200 El Segundo Fire Department** 310-524-2236 Street striping Street Maintenance Division 310-524-2709 Water/Sewer/Storm Drain Damian Vos/Ron Campbell /Ron Fajardo 310-524-2742 ** The Contractor will notify the Engineering Division before notifying these offices. The following information is provided for Contractor's use to notify agencies if their facilities are affected by Contractor's work: 1. Underground Service Alert (all excavation in public right-of-way) 800-227-2600 2. City of El Segundo - Water/Wastewater Division 310-524-2742 3. City of El Segundo - Recreation and Parks 310-524-2707 4. Southern California Gas Company 310-671-9002 5. Southern California Edison Company (SCE) 310-417-3366 6. Pacific Bell 310-515-4430 7. Time Warner Communication (Cable) 310-768-0400 Extension 414 8. Los Angeles County Sanitation District 310-699-7411 9. E1 Segundo Unified School District 310-615-2650 1.6 MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Greenbook.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 operations c. Installing and removing of all temporary facilities required for operations. d. Posting all OSHA required notices e. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval f. Notification of City staff, residents, businesses, and motorists, including temporary warning and safety signage where construction is occurring. Notification shall be furnished by Contractor and shall be distributed seventy-two(72)hours prior to work in that area. g. Re-notification of all affected parties for all construction schedule changes. h. Preparation and cleaning of work area as necessary in order to implement repairs i. Restoration, to existing standard conditions or better, of public property damaged during construction j. NPDES permit compliance [[1_A_2 Agreement No. 5581 k. Bringing unforeseen field conditions to City staff's attention in a timely manner, 1. Demobilization 1.7 INSPECTION On all questions relating to quantities, the acceptability of material, or work, the execution, Progress or Sequence of work and the interpretation of`specifications or plans, the decision of the City Engineer is final and binding,and shall be precedent to any payment under the contract. All work and materials are subject to inspection and approval of the City Engineer. Inspection of the work shall not relieve the Contractor of the obligations to fulfill all conditions of the contract. 1.8 NPDES COMPLIANCE a. Contractor shall thoroughly clean dust and debris resulting from his operations to comply with the "Clean Water Act." Sweeping, wet vactaiming, and/or other approved measures of removing such debris shall be taken during the removal and construction operations. No dust or debris shall be deposited or discharged into the storm drain facilities. Contractor shall not discharge or permit to be discharged to any street,channel.river. storm drain, or any appurtenances thereof. any non-rain water or other fluid substance from the project or from operations pertaining to the project site Without first securing a valid National Pollutant Discharge Elimination System (NPXS) permit sinless the discharge is specifically listeclasexempt ot-coilditionallyexetiipt in the most Current list issued by the Regional Water Quality Conti-of Board, Los Angeles Region. Conti-actor shall implement all necessary Best Management Practices (Brvlfls) to ensure that any conditionally exempt discharge meets all current requirements of the Regional Water Quality Control Board and City. City may prohibit or restrict any discharge if, in its sole discretion, the discharge is polluting, unsafe, or causes a nuisance condition to be created. b. Contractor shall reduce the discharge of pollutants in storm water runoff to the maximum extent practicable by the effective implementation of appropriate BMPs. The following are the minimum requirements: I. Sediments from areas disturbed by construction shall be retained on site and stockpiles of soil shall be properly) contained to minimize sediment transport from the site to streets, drainage facilities. or adjacent properties via I'Llnoff, vehicle tracking, or wind. 2. Construction-related materials,wastes,spills,or residues shall be retained at the construction site to minimize transport from the work area to streets, drainage facilities or adjoining properties via vehicle tracking, runoff,or wind. 111-A-3 Agreement No. 5581 3. NonstonTiwater runoff from equipment and vehicle washing shall be contained at project sites. 4. Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, Such as limiting grading scheduled during the wet season;inspecting graded areas during rain events;planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. c. The selection, submittal, and adherence to BMPs are the responsibility of the Contractor. The selected BMPs Must be submitted to and approved by City prior to performing any operation under this contract which will disturb or expose soil, including,but not.limited to:excavation,grading,demolition,clearing and gr pavement removal, etc. d. Construction activity that results in soil disturbances of less than one acre is subject to the General Permit for Storm Water Discharges Associated with Construction Activity(General Permit)if the construction activity is part of a larger common plan of development that encompasses one or more acres of soil disturbance or if there is significant water quality impairment resulting from the activity. If it is determined that the entire site consists of one acre or greater,the Contractor must file a Notice of Intent (NOI) with the State to comply with the terms of the General Permit,and must provide proof of a Waste Discharge Identification(WDID) Number to the City prior to the issuance of a grading permit. The preparation, submittal and adherence to all NOls, Storm Water Pollution Prevention Plans (SWPPPs), Wet Weather Erosion Control Plans (WWECPs), and Contractor Self= Inspection Forms are the responsibility of Contractor. e. The City may restrict the continuation of work if it is determined that the Contractor has not met all the NPDES requirements. f. The cost of complying with these environmental requirements shall be considered included in the Contract bid price for other items of work unless the cost of compliance is listed as a separate bid item within the bid schedule. 1.9 COORDINATION WITH AFFECTED BUSINESSES AND RESIDENTS The Contractor shall respond to any complaints received from a property, M'Vliel' (business or resident) and contact the complainant \-�-ithin one (1) workingday, The 'r - complaint shall be resolved within two(2)working days from the date on which it was received. The Contractor shall adjust its schedule in order to allow affected Businesses to operate as regularly scheduled. 1.10 USE OF PRIVATE PROPERTY The use of any private property by the Contractor is prohibited. The prohibited uses include,but not limited to,Contractor's use of water,electricity or natural gas from III-A-4 Agreement No. 5581 the private property,and storage of material or equipment and turning around/parking of his vehicles on private property. 1.11 CONSTRUCTION STAGING AREA The Contractor shall not store materials or equipment in the public right-or-way without prior written authorization from the City Engineer.The Contractor shall store materials or equipment in authorized area only. 1.12 ACCESS TO DRIVEWAYS Access to driveways shall be maintained at all times for residents and businesses during non-working hours of 4:00 p.m. through 7:00 a.m. weekdays and 24-hours a day on weekends and holidays. 1.13 DISPOSAL OF REMOVALS AND SURPLUS MATERIALS All removed materials as well as excavated and unsuitable materials shall become the property of the Contractor and shall be legally disposed by him/her away from the site of work. Note: There are no authorized dump facilities within the City of El Segundo. 1.14 REPAIRS, REPLACEMENTS AND CLEANUP The Contractor shall repair at, his/lier own expense any damage to curbs, guitters. sidewalks, landscaping andira n igatiosystems, interior pat-tofthe library. oranvother 11 property of the City,or of adjacent private property caused him/her in the performance of the work. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before Final inspection, the entire wvorksite shal I be cleared of equipment,unused materheils,and rubbish soas to present a satisfactory and neat appearance. Work will not be approved until proper cleanup is accomplished. All cleanup costs shall be absorbed in the Contractor's bid. 1.15 CONTRACTOR VEHICLE PARKING Contractor's equipment and personal vehicles of the Contractor's employees shall not be parked on the traveled way or on the medians at any time. Parking of construction equipment shall be confined to the approved storage site. 2.0 CONSTRUC"HON MATERIALS AND METHODS. See Section III A.2 below. III-A-5 Agreement No. 5581 3.0 BASIS OF PAYNIEN,r: 3.1 GENERAL Proposed Bid as well as Alternate Bid prices shall be complete for each bid item.All bid items shall cover the costs for all mobilization, construction/installation, and demobilization activities for each item. Prior to construction, the Contractor shall verify all quantities listed and bring any discrepancies to the City's attention. 3.2 BID ITEMS No separate payment will be made for appurtenant items for which separate payment is not specifically provided for the Bid Schedule,and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. Five percent of all bid item contract costs shall be held in retention until thirty-five days after the Notice of Completion is recorded. Bid Item fl. tklk�)biliza.tion and Traffic Control Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications.The maximum lump sum price bid for this item shall not exceed 5%of the total contract price. Payment for mobilization will be made on a percentage-completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for all labor, equipment, tools, materials and incidentals needed to mobilize and provide work area isolation and pedestrian safety and traffic control. The scope of work included Linder pay item No. I shall include the items listed Linder Mobilization and Demobilization described in these specifications. Bid Item 42. Demolition Work Payment for demolition work will be made on a percentage completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for all labor, equipment, tools, materials and incidentals needed for removing and disposing of the existing window treatments, carpet and other furniture as specified on plans,as described in this specifications,and as required for the project. Bid Item #3. Area dust protection Payment for the area dust protection construction barrier will be made on a percentage completed basis of the lump Sum price named in the Bid Schedule, which price shall constitute full compensation for all labor, equipment,tools, materials and incidentals needed for providing construction area barriers(i.e.sheetrock,plywood,plastic,to seat area from non-work area) before construction begins. Providing active means to prevent airborne dust from dispersing into the areas Outside the work zone. After 111-A-6 Agreement No. 5581 construction, removing the construction area barriers carefully without leaving any dust or debris on both work-area and non-work areas. Bid Item 44, Electrical Svsterns Inwrovements Payment for the electrical systems work will be made on a percentage completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for all labor, equipment, tools, materials and incidentals needed for installation of required electrical systems as shown on construction plans,as described in this specifications, and as required for the project. Bid Items 95 Carvet and associated floorhm installation includin-a cement. undel-layment Payment for the carpet and flooring prep will be made on a percentage completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for all labor, equipment, tools, materials and incidentals needed for installing new carpet and associated flooring prep work as shown on construction plans, as described in this specifications, and as required for the project. Bid Item #6, luterior Painting Payment for the interior painting work will be made on a percentage completed basis of the lump sum price named in the Bid Schedule, which price shall constitute full compensation for all labor, equipment, tools, materials and incidentals needed for installing new paint work as shown on construction plans, as described in this specifications, and as required for the project. 3.3 ALTERNATE BID ITEMS The following alternate bid item/s are only applicable if the City determines that they are necessary. Bid Item N7. Grindine of shelving anchoraec bolts and disvoshre of it 'vvith the. lWel-elice shelves Placeholder only. Payment for demolition work will be made on a percentage conipleted basis of the lump SUni price named in tile Alternative Bid Schedule. which 1:)rice shall constitute full compensation for all labor, equipment, tools, materials and incidentals needed for removing and disposing, of' tile existillL, reference Section shelving flooranchorage bolts and reference section shelving as specified oil plans,as described in this specifications, and as required for the project. Bid Item #8, Misc. Library Imorovements Placeholder only. The works are to be specified during construction for previous unknown deficiencies that are uncovered for the City's Library. The cost for such repairs will be per unit cost established in the bid, or on time and material cost, or III-A-7 Agreement No. 5581 otherwise agreed upon by the contractor and engineer. END OF SECTION W-A-8 Agreement No. 5581 SECTION III A.2 LIBRARY REMODEL TECHNICAL SPECIFICATIONS Agreement No. 5581 PROJECTMANUAL For The CITY OF EL SEGUNDO PUBLIC LIBRARY WIFI LOUNGE 111 Mariposa Avenue El Segundo, California 90245 Prepared By CWA AIA INC. ARCHITECTURE PLANNING INTERIOR DESIGN 320 Arden Ave., Suite 210 Glendale, California 91203 Telephone: 8181240-5456 Project No. 1785.00 June 12, 2018 Agreement No. 5581 VV}F| Lounge Table ofContents City ofBSegundo Public Library 00010- 1 PROJECTMANUAL -TABLEOF CONTENTS INTRODUCTORY INFORMATION PAGES Document 00001 Project Title Page -....'---....- --............ . .. ... 00010 Table cfContents.............. ........--- ....... —..—....... ' ----�--� ------- 1 BIDDING REQUIREMENTS Document Not Bound Herein CONTRACTING REQUIREMENTS Document Not Bound Herein CONSTRUCTION PRODUCTS AND ACTIVITIES DIVISION GENERAL REQUIREMENTS Document 01010 Summary cfWork ........................................................... .. .-.' ....-.. 3 01015 Interpretation of Contract Documents During Bidding..... ...—....... .......-- ...... --1 01019 RF| Pnooema—................. ....... — ............ — ............... --_--� --------�1 01060 Regulatory Roquhement —................. — ....... ...... -- ---- ... ... -------�1 01090 Reference Standards ... ............................................. � ---_--.------'.-1 01500 Temporary Construction Facilities....................... ........ ' ----...... —_----~-1 01530 Temporary Barriers and Enclosures................................ —........ .......... ....... ...... �1 01560 Temporary Controls....................................................... .—......------- ...... 2 01608 Materials and Equipment.......... ...... ............. --....... � --------------� 01780 Project Added Gbock---------........ ---........... —_------------2 01800 General Safety Requirements... ........... ....... ............. . —__--_---.—_--�2 DIVISION SITE WORK Document 02410 Dernn|ition—._—__—'' .......- ........ '------. ..... —'-------' --' —'2 DIVISION CONCRETE Section 03540 Floor Preparation and Cement Undedayment—���� �-� � .� �..' ���� �'� ��� � � G DIVISION FINISHES Geobnn 09685 Carpet Tiles� ������'��� ��� ���- �� � � '� - '.. . 4 08900 Painting.... ------'--�— ........ �3 DIVISION 16 ELECTRICAL Document Not Bound Herein, see electrical drawings END OFTABLE OFCONTENTS Agreement No. 5581 VV|F| Lounge Summary ofthe Work City ofE/ Segundo 81010' 1 SECTION 01010 SUMMARY C>FTHE WORK PART 1 -GENERAL 1,01 WORK COVERED BYTHE CONTRACT DOCUMENTS: The Work tobedone under this Contract includes the furnishing of all contractor administration, labor, materials, tools, and equipment required for the construction of the WIFI Lounge for the City of El Segundo Public Library, all in accordance with the Contract Documents, enumerated in the Agreement. If any item of Work is neither indicated on the Drawings nor mentioned in the Specifications but can be reasonably inferred because of custom or practice or is reasonably necessary to perform Work required by the Contract Documents, such Work shall be deemed required and shall be performed at no additional cost to the Owner. 1.02 CONTRACT DESCRIPTION: A. Project Title and Location: PVV18-04Library VV|F| and Reading Lounge Renovation Project, located ot111 Mariposa Avenue, El Segundo, California, 90245. B. Owner: City ofBSegundo ' C. Architect: CVVAAIA, |nc.. 32OArden Avenue#21O. Glendale, CAQ1203. Attn: Stephen Finney, AIA D. Work includes, but ianot limited to, construction cfthe following items: 1. Site investigation by the Contractor, including field measurements for quantities. 2. Project scheduling with City Project Engineer to maintain operation of the spaces. 3. Furniture moving and replacement, per plan, hoallow for the Work. 4, Selective demolition of existing flooring materials, bookstacks and anchoring hardware. 5. Demolition and disposal ofexisting window treatments. 6� Protection inplace of existing solid wood floor base. 7. Floor moisture testing. & Application ofvapor barrier ifrequired, S Floor leveling. 10. Installation of new in-floorvvirovvaya and electrical equipment per plan, 11. Installation ofnew carpet tiles. 12. Initial maintenance offlooring. 13, Assembly as required and installation ofnew furnishings, 14, Final cleaning. 15. Supply Owner with project added stock, maintenance manuals and training E. Contract Documents dated 6/12/18 indicated in Contract Documents were prepared for the Project byCVVAAIA, Inc. F. Construction Administration to be performed by City Project Engineer, as defined by Contract Documents. 1.03 CONTRACT DOCUMENT VERBIAGE: The Contract Documents are intended tobeentirely genderless inphrasing, reference, and intent Any verbiage which references one gender shall befor convenience only and shall in no way mean or imply any limitation to that gender and shall furthermore be interpreted toinclude both genders 1�04 CONTRACTORS USE DFTHE PREMISES: A Access to Staging Areas by City: The Contractor shall allow access by the City and all its Agreement No. 5581 WIFI Lounge Summary of the Work City of EI Segundo 01010-2 departments or authorized representatives to the Contractor's Staging Areas during regular working hours for purposes of maintenance of existing landscaping, use and operation of existing utilities, or for any other purpose the City Representative may determine. B. The Contractor shall maintain clear access to all fire protection equipment at all times, including access to fire hydrants. C. The Contractor shall maintain unobstructed exitways to public ways at all times during construction. D. Coordinate the use of the premises under the direction of the City Project Engineer. E. Assume full responsibility for the protection and safekeeping of materials, products, and equipment under the Contract, stored on the site. 1.05 WORK PERFORMED BY THE CITY OR OUTSIDE CONTRACTORS; A. The Contractor shall cooperate with and afford other contractors or workmen reasonable opportunity for the execution and installation of their Work and shall coordinate his Work with theirs. 1.06 WORK RESTRICTIONS A. Comply with restrictions on construction operations. B. Comply with limitation on use of facility during public use. C. Transport all materials and equipment while the public are not present. D. Coordinate work hours with City Project Engineer. E. Owner will occupy the Project site, with the exception of areas under construction during the entire construction period to conduct normal operations. F. Cooperate with Owner to minimize conflicts, and to facilitate Owner's operations. G. Verify occupancy requirement with Owner, and schedule the Work to accommodate Owner's requirements. H. Provide not less than 72 hours notice to Owner of activities that will affect Owner's operations. 1.07 ENVIRONMENTAL MANAGEMENT A. Spills: Contractor shall clean up all fluid spills generated by the Contractor while performing the work under this Contract at no additional cost to the Owner. B. Precaution shall be exercised at all times to control dust and excessive noise created as a result of any operations during the construction period. C. If serious problems and/or complaints arise due to airborne dust and excessive noise, and when directed by Architect and City Project Engineer, operations causing such problems shall be temporarily discontinued until a suitable remedy is established. The remedy shall be approved by Architect before implementation, and shall be considered part of Contractor's normal effort to maintain safety and cleanliness without cause for further payment. 1.08 PROTECTION OF EXISTING FACILITIES A. Contractor shall take appropriate measures to prevent damage to existing facilities. B. Should damage occur, such facilities and property shall be restored to original condition, at no cost to Owner. C. The premises shall be kept in a clean, safe condition at all times. Rubbish shall not be allowed to accumulate. 1.09 RESPONSIBILITY FOR THEFT AND DAMAGE. A. Owner will not be responsible for the loss or theft of Contractor's tools, equipment and materials. Agreement No. 5581 VV|RLounga Summary ofthe Work City ofBSegundo 01010-3 1,10 DISPOSAL(]FDEMOLISHED MATERIALS: The Contractor shall dispose oforrecycle all materials ino lawful manner. He shall file with the City a demolition plan (listing) including an accounting of where he intends todispose orrecycle all materials removed from the Site. 1.11 EMERGENCY INFORMATION: The name, addresses, and telephone number ofthe Contractor . Subcontractors, or their representatives shall be filed with the City prior to beginning Work, A 24-hour Contractor Representative will have their phone numbers issued to the City Project Engineer for purposes ofNon-Workday emergency orinformation contact. 1 12 DISCREPANCIES: In the event of any discrepancy between the Drawings and Specifications, or within each, immediately bring the discrepancy tothe attention of both City Project Engineer and Architect via electronic Project Request Contact Form found nt htto://vew,eloeQundo,ora/deoxm6merhs/iDra/:eot maoueat contact hrrm-aaofor decision before proceeding with the particular Work involved. Work carried out disregarding this instruction is subject to removal and replacement otthe expense ofthe Contractor. END OFSECTION Agreement No. 5581 VV|F| LVunQe Interpretation of the Documents City cfBSegundo Public Library 01815-1 SECTION 01015 INTERPRETATION OFCONTRACT DOCUMENTS DURING BIDDING PART| 'GENERAL 1.01 INTERPRETATION OFCONTRACT DOCUMENTS: |fany firm contemplating submitting abid for the proposed contract ioindoubt as tuthe true meaning ufany part o[the Drawings, Specifications, orother Contract Documents, or finds discrepancies in, or omissions from the Drawings or Specifications, he may submit to the City a written request for an interpretation or correction thereof via City of El Segundo Project Request Contact Form located at t�o�,/`/wxmw.eleenumdoora,/deots/works/`croieot meomest contact fmrm.aso. not later than August 2.2O18 by PM. Person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the Contract Documents will be made only by Addendum and will be emailed toeach person receiving aset ofsuch documents. City will not beresponsible for any other explanations ur interpretations of the Contract Documents. 1.02 REQUESTS FOR INTERPRETATION: & For any requests for interpretation of the contract documents, or project questions, bidders are touse the electronic Project Request Contact Form onthe City ofE|Segundo weboito� http:/Iwww,e/oeqmmdo.c,rm/deots/Wmrke/pLo|ect maquemt contact fmrm,esp . All interpretations and replies to questions by Bidders will receive replies via email as addendum with follow-up hard copies delivered byregistered mail. Nmintenonetahonswill beaivemover the telephone.^ B� All information must befilled out onthe electronic Project Request Contact Form aepertains to the Contractor's information: Company name, address, telephone, contact person, date, and time of request. Questions or Requests for Clarification are to be entered electronically on the City's Project RequeatContaotFonn. IfBidders have several questions, the Bidder iotnfile additional electronic forms for each question or request for interpretation. 103 DEADLINE FOR REQUESTS FOR INTERPRETATION: All requests for interpretation must bereceived byAugust 2' 2O1Bby5PN1.. END OFSECTION Agreement No. 5581 VNF| Loungm RFI Process City ofE/Segundo Public Library 01016- 1 SECTION 01016 RFI PROCESS RART | -GENERAL 1.01 REQUEST FOR INFORMATION (RF/): After Award ofBid,the RFI process shall proceed oooutlined in Section 1.O2below. |nnocase will onRFI submitted byaSubcontractor beresponded bobythe Architect orthe Owner. 1.02 PROCESS: RFI answers from the Architect, Consultants, or City will be on a form provided by the Contractor. The answers onthe form will bethe total response required unless additional Drawings are provided bythe Architect or City. Notime orcost impacts will bereviewed bythe Architect onthis form. Construction Documents will not benavisedper RFI answers. Time and cost impacts will bodetermined through the change order process, not the RFI process. 1.03 RECORD DRAWINGS: The Contractor is required to record the RFI answers into the final Record Set. END OFSECTION Agreement No. 5581 WIFI Lounge Regulatory Requirements City of EI Segundo 01060- 1 SECTION 01060 REGULATORY REQUIREMENTS PART 1 -GENERAL 1.01 DESCRIPTION: This Section covers the general requirements for regulatory requirements pertaining to the Work and is supplementary to all other regulatory requirements mentioned or referenced elsewhere in the Contract Documents. 1.02 REQUIREMENTS OF REGULATORY AGENCIES: All pertaining statutes, ordinances, laws, rules, codes, regulations, standards, and the lawful orders of all public authorities having jurisdiction of the Work are hereby incorporated into these Contract Documents the same as if repeated in full herein and such are intended where any reference is made in either the singular or plural to Code or Building Code unless otherwise specified including, without limitation, those in the list below. Contractor shall make available at the site such copies of the listed documents applicable to the Work as the Architect or City may request including mentioned portions of the California Code of Regulations (CCR). A. Uniform Building Code (UBC, as adopted and amended by the City of EI Segundo, including the research reports approved by the Building Department for materials, equipment, systems, and designs as applicable to the Work. B. Title 8 CCR, Industrial Relations, including without limitation Chapter 4, Division of Industrial Safety, Safety Orders (CAL-OSHA). C. Title 19 CCR, Public Safety. D. Title 24 CCR, Building Standards, including architectural barrier laws and regulations regarding handicapped persons. G. Uniform Fire Code (UFC). I. Uniform Electrical Code (UEC)and National Electrical Code(NEC). J. State and Local Public Health Codes. K. Other statutes, ordinances, laws, regulations, rules, orders, and codes specified in other Sections of the Specifications or bearing on the Work. END OF SECTION Agreement No. 5581 VV|F| Lounga Reference Standards City ofE|Segundo Public Library 01090- 1 SECTION 01090 REFERENCE STANDARDS PART 1 'GENERAL 1.01 CONFORMANCE TOREFERENCED Specifications: Wherever inthe various Sections ofthe Specifications, materia/, or equipment tmbafurnished or VVo/&to be done is required to conform to Federal Specifications, ASTM,AISC,ACI, or any other generally recognized authority, the latest revised edition Of Such specification in effect on the date of the invitation for bids shall apply, if the reference material ianot dated. 1.02 REFERENCE DOCUMENTS- A. Whenever possible standard industry reference documents have been incorporated into the Contract Documents. The reason for doing so is so as not to needlessly duplicate standard criteria and standards for products and methods used in the Work that are or should be familiar to contractors and tradespeople familiar with the requirements of their respective trades. 1. California Building Codo, 2016 Edition. 2. California Building Code Sbandands, 2016 Edition. 3. ASTM Standards in Building Codes, current Edition. 4. CRS| Manual ofStandard Practice, current Edition. G. Standard Specifications for Public Works Construction, current Edition. G. National Fire Protection Association Number 13 Standards (NFPA-13), current Edition. 7. California Electric Code, current Edition. END OFSECTION Agreement No. 5581 WIFI Lounge Temporary Construction Facilities and Controls City of EI Segundo Public Library 01500- 1 SECTION 01500 TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS PART 1 -GENERAL 1.01 GENERAL; A. Furnish, install, and maintain temporary facilities and controls as required and approved to perform the Work; relocate as required by the progress of the Work. B, Materials for temporary facilities and controls may be new or used, and suitable for the purposes intended. C. Maintain temporary facilities in sound, neat and clean condition. D. Remove temporary facilities and controls, including associated materials and equipment, when their use is no longer required. 1. Restore and recondition areas of the site damaged and disturbed by temporary facilities and controls and their installation. 2. Remove and properly dispose of debris resulting from removal and reconditioning operations. 1.02 CALIFORNIA-OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION: A. All Work performed under this contract shall be done in strict compliance with the Cal-OSHA Rules and Regulations, latest edition. B, All contractor's personnel are required to wear OSHA approved hard hats while on jobsite, throughout the execution of the contract. 1.03 PROTECTION OF WORK AND PROPERTY: A. Work Plan: The Contractor shall provide a written narrative describing what steps he will make to secure the site and his areas of Work secure. The Contractor shall prepare and submit this narrative to the City Project Engineer and secure their approval before beginning Work on the project. He shall update this narrative as requested by the City Project Engineer. B. Existing Building: The Contractor shall protect all existing areas of the building not shown to be demolished or removed. If they are damaged, he shall restore all of them to their former condition before final completion of the project to the City's satisfaction. END OF SECTION Agreement No. 5581 VV|F| Loungm Temporary Barriers and Enclosures City ofBSegundo Public Library 01530- 1 SECTION 01530 TEMPORARY BARRIERS AND ENCLOSURES PART 1 -GENERAL 1,01 BARRICADES AND FENCES: A. Contractor shall provide temporary barricades and enclosures to fully contain the site for the duration of the Project and as required to protect the safety of the public at all times. B. Prevent public entry tp construction areas at all Unneo. C. Provide barriers around existing features designated to remain. Protect against vehicular traffic, stored mateho|o, dumping, chemically injurious meterio|s, and puddling cfrunning water. END OFSECTION Agreement No. 5581 VV|F| Loungm Temporary Controls City ofBSegundo Public Library 01560- 1 SECTION 01560 TEMPORARY CONTROLS PART 1 -GENERAL 1.01 CONSTRUCTION CLEANING: A. Contoaobo/aDutybzKeepPnanniaeeC/ean: TheCuntranboruhaUkeepthepnamieooand surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work the Contractor shall remove from and about the Project waste materials, nubbimh' the contractor's bzo|u, construction equipment, machinery, and surplus materials. B. Ci1Y's Rjqht to Clean UP: If the Contractor fails to clean up as provided in the Contract Documents, the City may do so and the cost thereof shall be charged to the Contractor. 1.02 OUST CONTROL: A. Conduct construction operations to minimize the generation of dust and dirt, and prevent dust and dirt from interfering with the progress of the Work and from accumulating in Work and adjacent areas. 1.03 AIR POLLUTION CONTROL: The Contractor ioput onnotice that hemust abide byall existing rules and regulations of the AQMD (Air Quality Management District)of the County of Los Angeles, relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 1.04 SOUND CONTROL: A. General: The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any Work performed pursuant to the contract. Each internal combustion engine, used for any purpose an the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. B. NoConstruction Equipment shall berunning prior to7AyWorafter 4PW Agreement No. 5581 VV|F( LounQo Temporary Controls City ofBSegundo Public Library 01560-2 1.05 ENVIRONMENTAL CONTROL: A. Site Conditions: Throughout all phases of construction, including suspension of Work and until final acceptance of the Project, the Contractor shall keep the Work site clean and free from rubbish and debris. Should the Contractor fail to take measures necessary, in the opinion of the City Project Enginear, bmcontno/duxdwith|nmh(hounanfvvhMenncdificetionthedeuohmeasurem are required, the City reserves the right toimpkanoenttheneoeamarymctionsanddeduct all costs from payments due the Contractor. END OFSECTION Agreement No. 5581 WIFI Lounge Materials and Equipment City of EI Segundo Public Library 01600- 1 SECTION 01600 MATERIAL AND EQUIPMENT PART 1 -GENERAL 1.01 TRANSPORTATION AND HANDLING: A. Delivery of Materials: 1. Condition of Materials Upon Delivery: Materials, products, and equipment shall be delivered to the project site in undamaged condition, in manufacturer's original, unopened containers or packaging with identifying labels intact and legible. 2. Scheduling of Deliveries:Arrange deliveries in accordance with the Construction Schedule and in ample time to facilitate required inspections prior to installation. B. Storage and Protection of Materials; 1, General: Store and handle materials and products as prescribed by the manufacturer unless otherwise specified in the Specifications in a manner so as to protect them from damage by moisture, weather, abuse, or construction operations, and so as to insure the preservation of their quality and fitness for the Work. 2, Additional Protection: When necessary for their protection or when directed by the City Project Engineer, the Contractor shall place materials on wooden platforms or other hard, clean, and dry surfaces and not on the ground. Materials shall be placed under cover when necessary for their protection or when directed by City Project Engineer. 3. Storage Location: The Contractor shall store materials in a location so as to facilitate prompt inspection, and provide for their security. Stolen or damaged material will be replaced at no additional cost to City. C. Defective Materials: 1, Removal Required: All materials not conforming to the requirements of the Specifications shall be considered as defective and all such materials, whether in place or not shall be removed immediately from the job site unless permitted by the City Project Engineer whose direction in this matter shall be final. 2. Subsequent Correction of Defects: No rejected materials, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the City Project Engineer. 3. Contractor's Failure to Comply: Upon failure on the part of the Contractor to comply forthwith with any order of the City Project Engineer regarding defective materials, the City shall have authority to remove and replace defective material and to deduct the cost of approval and replacement from any monies due or to become due the Contractor. Agreement No. 5581 VNF| Lomrge Materials and Equipment City ofBSegundo Public Library 01800-2 1.02 MATERIALS: Provide new materials and equipment unless otherwise indicated or specified A. Manufacturers listed in the Specifications have not been reviewed for fit, dimensions, or any additional requirements necessary tofit the design requirements. Contractor isresponsible for verification of suitability of equipment or materials specified at no additional cost to Owner. 1Listing of manufacturer's names does not ensure the manufacturer produces a suitably equivalent product; Contractor shall verify prior hobidding B Equals: Those materials, products, and equipment specified by name of the manufacturer, brand name, model, type, or by similar proprietary identification shall be deemed to be followed bythe phrase"or equal moapproved inwriting bythe Architect" C, Optional Materials: Wherever any material, product, orequipment item iospecified bymore than one proprietary or brand name, the Contractor may provide any one of the material or equipment items oospecified Before placing orders, advise both the City Project Engineer and the Architect in writing of each named material, appliance, or equipment item proposed and its intended use. Provide only one brand, kind, or make of material or equipment for each purpose throughout the Work not withstanding that similar material or equipment of two or more manufacturers may bospecified for the same purpose. D Plurality cfTerms: FormeLeha|o. pnoduota. urequipmentreferrodtobyainQu|e/numbor. it is intended, unless otherwise limited, that such references apply to as much or as many material, product, nrequipment items amare needed tocomplete the Work. E Factory Finish Colors: Colors of materials specified to be furnished with a factory finish are subject to Architect's approval. If the available colors are not approved, modify the factory finish color to conform to the Architect's color instructions or provide another manufacturer's approved product which has an acceptable finish oo|or, at no extra cost to City, END OFSECTION Agreement No. 5581 VNF| Lounga Project Added Stock City ofE|Segundo Public Library 01780- 1 SECTION 01780 PROJECT ADDED STOCK PART 1 -GENERAL 1,01 DESCRIPTION A. Related Work: 1- Providing Added Stock Materials hothe Owner. 1.02 QUALITY ASSURANCE A. Delegate the responsibility for maintenance of Added Stock to one person on the Contractor's staff ooapproved bythe City. B. All materials shall be delivered to the City in original, unopened containers bearing the manufacturer's original labels. 1.03 SUBMITTALS A. Comply with pertinent provisions ofDivision 1. B. Prior tosubmitting request for final payment, transmit the final Project Added Stock tothe City and secure approval. 1.04 DELIVERY, STORAGE, AND HANDLING A. Maintain the Added Stock completely protected from deterioration, loss and damage until completion of the Work. Store carpet tiles in dry ventilated location and handle by methods that prevent damage, soiling, orcontamination. B Transfer ofall recorded data tothe final Project Record Documents. C. The contractor is not to use the Added Stock materials for Punchlist and repairs, PART 2 ' PRODUCTS 2.01 ADDED STOCK X All materials delivered as Added Stock shall exactly match the materials used on the project. Materials shall befrom the same dye'\ot . productionruno. andoo|ormatohingandmehchtha installed nnoha/ia|s. B. Deliver to Owner in carpet tile manufacturer's fully labeled containers not less than 1%of the quantity ofeach color, pattern, and size ofcarpet tiles installed inthe Work. Agreement No. 5581 WIFI Lounge Project Added Stock City of EI Segundo Public Library 01780-2 PART 3 - EXECUTION 3.01 SCHEDULE OF MATERIALS Section Item Quantitv 09685 Tile Carpeting 4 ft x 4 ft 1 gallon adhesive END OF SECTION Agreement No. 5581 VV|F| Loungo General Safety Requirements City cfBSegundo 01800-1 SECTION 01800 GENERAL SAFETY REQUIREMENTS PART 1 -GENERAL 1.01 GENERAL SAFETY PROVISIONS: A. The Contractor shall take safety and health measures in performing Work under this Contract. It shall be the Contractor's sole responsibility to provide for safety of persons and property under this Contract. The Contractor shall meet with the City's Project Engineer to develop a mutual understanding relative to administration of the safety plan. The Contractor is subject to applicable federal, state and local laws, regulations, ordinances, codes and orders relating to safety and health in effect on the date of the Contract.Attention is directed to the regulations issued by CAL-OSHA, the Secretary of labor pursuant to the Contract Work Hours and Safety Standards Act and the Safety and Health Regulations for Construction. The Contractor shall comply with all regulations an applicable and shall comply with safety requirements stated. B. During the performance of Work under this Contract, the Contractor shall comply with procedures prescribed for control and safety of persons visiting the project site C. Contractor is responsible for his personnel and for familiarizing each of his subcontractors with safety requirements. O. The Contractor shall advise the City ofany special safety requirements hehas established for this project so that all appropriate City personnel can be notified of these restrictions. 1.02 SUBMITTALS: The Contractor shall prepare and submit a detailed Safety Plan (SD-08)at the Pre-Construction meeting. The Safety Plan will be reviewed by the City. The Contractor shall meet with the City Project Engineer prior to beginning Work to discuss in detail the various stages of the Work and the Contractor's procedures for insuring the safety and health requirements for the project. 1.03 FIRST AID FACILITIES: The Contractor shall designate the location ofthe First Aid dispensary and shall post emergency first aid and ambulance information at the project site. 1.04 ACCIDENT REPORTING: The Contractor shall immediately report tuthe City any accident, incident or exposure resulting in fatality, injury or occupational disease or contamination of the property. The Contractor shall investigate all Work related incidents or accidents to persons or property to the extent necessary to positively conclude what cause or causes resulted in said accident or incident, and furnish the City with a report in such form as the City may require, of the investigative findings, together with proposed orcompleted corrective actions. 1.05 CITY REPRESENTATIVE VISITING WORK SITE.- The Contractor agrees that authorized City representatives shall have access to, and the right to examine the site or areas where Work is being performed. Agreement No. 5581 WIFI Lounge General Safety Requirements City of EI Segundo 01800-2 1.06 FIRE PREVENTION AND PROTECTION: A. Open-flame heating devices will not be permitted except by written approval. Such permission will not be granted unless the Contractor has taken reasonable precautions to make such devices safe. Burning trash, brush or wood on the project site will not be permitted.Approval for the use of open fires and open-flame heating devices will in no way relieve the Contractor from the responsibility for any damage incurred because of fires. Flammable liquids shall be stored and handled in accordance with the Flammable and Combustible Liquids Code, NFPA 30. B. Open fires will not be permitted in construction areas. Smoking shall not be permitted in areas such as paint storage, fuel storage, and posted no smoking areas. END OF SECTION Agreement No. 5581 N8F| Lounge Demolition City ofBSegundo Public Library 02410-1 SECTION 02410 DEMOLITION—EXISTING REMOVAL PART 1 'GENERAL 1.81 SECTION INCLUDES A. Removal and disposal of existing flooring material in designated area per plan, B. Preservation ofexisting solid wood base trim indesignated area per plan. C. Identification of utilities. D, Demolition requirements. 1.02 RELATED SECTIONS A� Division 01 Sections, as applicable. B. Section O354UFloor Preparation and Hydraulic Cement Undedayment 1.03 PROJECT RECORD DOCUMENTS A. Submit under provisions of Division 01. B. Accurately record actual locations of capped utilities and subsurface obstructions. 1.04 REGULATORY REQUIREMENTS A. Perform work of this Section under provisions of CBC Chapter 22, CFC Chapter 14, and NFPA 241 for demolition work, safety of structure, dust control and safety of occupants. B. Do not close orobstruct egress width to exits. C. Do not disable or disrupt building fire or life safety systems without three-day prior written notice to Owner, D. Conform to procedures applicable when discovering hazardous or contaminated materials. 1.05 SCHEDULE A. Schedule work under the provisions of Division 01. B. Describe demolition removal procedures and schedule, 1.06 JOB CONDITIONS A. Existing Conditions: Intent ofthe Drawings imtoshow existing building conditions with information developed from the original construction documents, field surveys, and Owner's records, and to generally show the amount and types of removals required to prepare existing areas for new Work. Contractor shall make odetailed survey ofexisting conditions pertaining ho the Work before commencing. Report discrepancies between Drawings and actual conditions tn the Owner for instructions, and do not perform any demolition or removals where such discrepancies occur prior tureceipt ofthe Owner's instructions. Drawings donot show all requirements for removal of flooring materials-, carefully review all Drawings for additional aspects ofremovals and alterations. PART 2—EXECUTION 2.01 PREPARATION A. Verify with Owner the use oftemporary barricades. B. Erect and maintain temporary partitions to prevent spread of dust, odors and noise to adjoining Agreement No. 5581 WIFI Lounge Demolition City of EI Segundo Public Library 02410-2 C. Protect existing materials and finishes that are not scheduled or otherwise required to be demolished. D. Mark location of utilities. 2.02 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent and occupied areas. B. Maintain protected egress and access to the Work. C. Sequence flooring removal as approved by City Project Engineer. 2.03 DEMOLITION A. Disconnect, remove, cap and identify designated utilities within demolition areas. B. Demolish in an orderly and careful manner. Protect existing supporting structural members and materials. C Remove designated bookstacks per plan, remove from site and dispose of. D. Except where noted otherwise, remove demolished materials from site and dispose of. Do not bury or burn materials on site. Do not allow debris to accumulate. E. Remove demolished materials from site as Work progresses. Upon completion of Work, leave areas in clean condition. F. Remove temporary Work. END OF SECTION Agreement No. 5581 WIRiounge Floor Preparation and Hydraulic Cement Underlayment City ofBSegundo 03540- 1 SECTION 03540 FLOOR PREPARATION AND HYDRAULIC CEMENT UNDERLAYK8ENT PART1 GENERAL 1.1 SECTION INCLUDES A. Grind existing bolts securing bookshelves flush tnfinish concrete floor surface. B. F|uid-eppUad, mo/Aeva/ing, cennent/boue under/aynnonta for use at subOoor under interior floor coverings. 1. Trowel-Applied Minor Patching Product: For patching of small ho/ee, nut bolts., surface irregularities, and depressions. 1.2 RELATE[] SECTIONS A. Section 02410 —Tile Carpeting: Floor. B. Section O9685—Tile Carpeting: Floor. 1.3 REFERENCES A. The publications listed below fwnn a port of this Section to the extent referenced. The publications are referred to in the text by the boa/o designation only. Refer to Division 01 for definitionS, ocronymne, and abbreviations, B. Gtondordo, manuals, and codes refer to the latest edition of such atendords, rnenua|o, and codes in effect as of the date of issue of this Project K8anua|, unless indicated otherwise in CBC Chapter 35 and CFC Chapter 80. C. Referenced Standards: 1. ASTM C109 — Standard Test Method for Compressive Strength of Hydraulic Cement Mortars (Using 2-in. or[5O-rnnn] Cube Spedrnena). 2. ASTM C15O —Standard Specification for Portland Cement. 3. ASTM C218 —Standard Terminology Relating to Hydraulic Cement. 4. ASTM C348 —Stendmnd Test Method for Flexural Strength of Hydraulic-Cement Mortars. 5. ASTK8E1155 —8tend@nd Test Method for Determining FF Floor Flatness and FL Floor Levelness Numbers. 6. ASTM F71O —8tandard Practice for Preparing Concrete Floors to Receive Resilient Flooring. 1.4 SUBMITTALS A. 8Uhnnit under provisions of Division 01. B. Product Data: Provide list of materials, mix design and product characteristics including compressive strength at days and 28 dmyo, the earliest time the product can receive foot traffic, and when finished flooring can baapplied. Agreement No. 5581 WIFI Lounge Floor Preparation and Hydraulic Cement Underlayment City of EI Segundo 03540- 2 C. Product Certificates: Signed by manufacturers of underlayment and floor-covering systems certifying that products are compatible. D. Manufacturer's Installation Instructions including mixing and application procedures and temperature or other environmental restrictions. E. Survey: Submit floor flatness survey of all areas to receive underlayment under provisions of ASTM E1155, using a three foot square maximum grid for measuring points. F. Shop Drawings: Submit plan, based on floor flatness survey, of all areas to receive underlayment indicating underlayment depths required to meet the floor flatness tolerance requirements specified in this Section. 1.5 SYSTEM DESCRIPTION A. Cementitious Underlayment: Hydraulic cement based polymer modified underlayment over existing concrete slab as underlayment for finish flooring. B. Concrete Slab Remediation: 1. Install self-leveling interior underlayment per ASTM F710 and manufacturer's written recommendations to provide surface that is smooth and flat with maximum variation of 3/16 inch in 10 feet, and ready to receive finish flooring as required. 2. Repair defects including swales, low spots, cracks, and surface roughness. 3. Make smooth, flat substrate suitable for subsequent adhesives and finish flooring installations. 1.6 QUALITY ASSURANCE A. Concrete slabs to receive floor coverings shall be prepared under provisions of ASTM F710. 1. Pour Depths: 1/8 inch minimum to 1-1/2 inch maximum, as required to meet the floor flatness tolerance requirements specified in this Section. B. Installer Qualifications: Installer who is trained and approved by manufacturer for application of underlayment products required for this Project and who has completed five projects of similar size and scope in the past three years. C. Product Compatibility: Manufacturers of underlayment and floor-covering systems certify in writing that products are compatible. D. Verify product shelf life before mixing components for patching and topping application. Materials with expired shelf life are unacceptable, and shall be discarded. 1.7 TEST AREA A. Provide a test installation using procedures and under conditions which will reflect the actual installation. 1. Size: 5 feet by 5 feet. Install in an area acceptable to both the City Project Engineer and the Architect. B. Test Area, if accepted by both the City Project Engineer and the Architect, may remain as a part of the Work. Agreement No. 5581 VVF| Lnunge Floor Preparation and Hydraulic CenuertUnded@ymeDt City ofBSegundo 03540- 3 C. Test area shall be p/emsd by same onsw and using same type of equipment as will be used for Work. 1.8 DELIVERY, STORAGE, AND HANDLING A. 8tOno nn@0Sr/a|s to comply with manufacturer's written instructions to prevent deterioration from moisture Orother detrimental effects. 1.9 PROJECT CONDITIONS A. Environmental Limitations: Comply with manufacturer's written instructions for substrate bannperetUre, venb|ahon, ambient temperature and huDlid/b/' and other conditions affecting Undmd8yrnentperfornl8Dce. 1. Place hydraulic-cement-based uOded8ynneOtn only when ambient temperature and temperature ofsubstrates are between 5Odegrees Fand 80degrees F. 2. Containment: Close and seal floor openings and voids and install dams at edges of floor area to receive t[m@tnlant as necessary to contain self-leveling under(ayOneOtvvhi|e in p|aodC state. Do not oUnvv unde[|nymentto flow h0 floors be|uvv areas of installation. 3. Do not overload floors when moving and staging tools and materials. 4. Take precautions and actions to control dUoL. including using HEPA vauuunOa, sweep compound and direct exhaust ventilation Locontrol dust. 1.10 COORDINATION A. Moisture Remediation: Refer to and coordinate with work of Section 07 26 50. B. Coordinate application of UOdad8yOnent with requirements of floor-covering products and adheniveG, specified in Division 09 SaCtiono, to ensure compatibility ofproducts. 1.11 WARRANTY A. Submit under provisions of Division 01. B. Provide manufacturer's hon year warranty. PART2 PRODUCTS 21 HYDRAULIC-CEMENT-BASED UNDEF(LAYMENTS A. Trowel-Applied Minor Patching Product: Portland-cement-based, mold and mildew resistant, non'ot8iOing, suitable for application over concrete substrates. 1. B8Sis-of-OeaignProduct: ARDE)< Feather-Fin iaho, Self-Drying, Cement-Based Finishing Unda[|aynnent by AROE}{ Engineered CenOents, A|iqU|ppo, PA; 888-512-7339' vvvvw/.apdex.corn; or accepted equal. 2. Provide the named product oraccepted equal bythe following: o. Euclid Chemical EUco Re-Cover byThe Euclid Chemical Company, Cleveland, OH; 800-821-7020. www'.eVclidchemical.corD. 1 Properties: e. NJC: 0 g/L per 8CAQK8D 1108. Agreement No. 5581 WIFI Lounge Floor Preparation and Hydraulic Cement Underlayment City of EI Segundo 03540-4 b. Self-Drying: 15 to 60 minutes. c. Shelf Life: Six months minimum. 2.2 PRIMER A. Primer: Product of underlayment manufacturer recommended in writing for substrate, conditions, and application indicated. 1. Basis-of-Design Product: P-51 Primer by Ardex; or product recommended by underlayment manufacturer. PART 3 EXECUTION 3.1 EXAMINATION A. Verify that subfloor surfaces are free of substances which may impair adhesion of underlayment or topping. 1. Proceed with application only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A, General: Prepare and clean substrate according to ASTM F710 and underlayment manufacturer's written instructions. Vacuum clean the substrate. 1. Cut-back adhesive residues, lock-down sealers, and all other surface treatments on existing concrete surfaces shall be mechanically removed as acceptable to underlayment manufacturer. B. Concrete Substrates: Laitance, glaze, efflorescence, curing compounds, form-release agents, dust, dirt, grease, oil, and other contaminants that might impair underlayment bond shall be removed according to manufacturer's written instructions. 1. All floor areas shall be shot or bead blasted prior to patching of cracks and applying the primer. After shot blasting, ensure that all areas are cleaned for the following work. Perform additional shot blasting in areas where high spots and contaminants occur. 2. All existing cracks shall be patched and repaired with a suitable cementitious-patching compound. Cracks shall be opened up and cleaned prior to patching. a. Basis-of-Design Products: ARDEX ARDIFIX or ARDEX FEATHER FINISH by Ardex as applicable; or product recommended by underlayment manufacturer. 3. Perform vapor emission testing including relative humidity and alkalinity test. Submit results for review prior to placing carpet tiles. C. Adhesion Tests: After substrate preparation, test substrate for adhesion with underlayment according to manufacturer's written instructions. 3.3 INSTALLATION A. Mix and apply underlayment components according to manufacturer's written instructions. 1. At substrate expansion, isolation, and other moving joints, allow joint of same width to continue through underlayment. B. Apply primer in accordance with manufacturer's written instructions. Agreement No. 5581 WIFI Lounge Floor Preparation and Hydraulic Cement Underlayment City of EI Segundo 03540- 5 C. Do not install underlayment materials at surface temperature below 50 degrees F or above 80 degrees F. D. Place materials in thickness as required to provide uniform and level floor surfaces. E. Apply underlayment to produce uniform, level surface. 1. Apply a final layer without aggregate to product surface. 2. Feather edges to match adjacent floor elevations. F. Cure underlayment according to manufacturer's written instructions. Prevent contamination during application and curing processes. G. Remove and replace underlayment areas that evidence lack of bond with substrate, including areas that emit a "hollow" sound when tapped or chain dragged. H. Tolerances: 1. Finished underlayment surface flatness tolerance shall not vary more than 3/16 inch in 10 feet in any direction, non-cumulative. I. Do not install floor coverings over underlayment until after curing time period recommended in writing by underlayment manufacturer. 3.4 PROTECTION A. Protect underlayment from concentrated and rolling loads for remainder of construction period. B. Prohibit foot traffic on underlayment as recommended by manufacturer. END OF SECTION Agreement No. 5581 WIFI Lounge Carpet Tiles City of EI Segundo Public Library 09685- 1 SECTION 09685 CARPET TILES PART 1 -GENERAL 1.01 SUMMARY: Division 1 applies to this Section. Provide carpet tiles and accessories, complete. A. Related Work: 1. Existing concrete floor preparation 2. Application of self leveling underlayment 1.02 SUBMITTALS: A. Product Data: Submit the following: 1. Carpet tile manufacturer's published technical data fully describing carpet tile materials, construction, and the recommended installation instructions and materials. 2. Technical data and usage instructions for each adhesive and sealer. 3. Carpet tile and adhesive manufacturers' recommended test procedures to determine concrete slab moisture content, and required test results. 4. Carpet tile manufacturer's published instructions for the maintenance care, cleaning, and repair of carpet tiles (5 copies). B. Shop Drawings: Submit showing dimensioned carpet tile seam lines with details for binder bars. Approval does not relieve Contractor of responsibility for satisfactory installation of carpet tiles. C. Samples: Submit Samples of the carpet tiles and 12" lengths of the binder bars, all in designated or specified colors. D. Site Samples: After approval of above submittals, in designated location at the site, install Sample area of approved carpet tile flooring about 12-feet square with binder bar on one edge. Prepare as many site Sample installations as are required for final approval; use the preparation techniques, installation materials conforming to previously approved submittals, and installation methods proposed for the Work. Architect will closely examine Sample installations for workmanship, general appearance, alignment of carpet tile rows, and preservation of the carpet pattern, non-detectibility of seams when viewed from any direction or distance at the standing or sitting height, and freedom from manufacturing or installation defects. The final approved Sample installations establish quality required for carpet tile flooring, shall be identified, recorded and, if meeting all other requirements indicated and specified and are so approved, shall remain in place. D. Certificates: Submit certificate from carpet manufacturer that materials supplied comply with fire hazard resistance standards specified and certificates as specified in 1.03, Quality Assurance. 1.03 QUALITY ASSURANCE: A. Qualifications of Installers: Employ only skilled journeymen carpetlayer mechanics. B Requirements of Regulatory Agencies: Carpeting furnished shall conform to requirements of Federal, State and local regulatory agencies as to flammability, static control, or other properties as required and as specified herein Agreement No. 5581 WIFI Lounge Carpet Tiles City of EI Segundo Public Library 09685-2 C. Certifications: 1. Manufacturer's certification that products furnished for the Project meet or exceed regulatory and performance requirements included in this Section. 2. Contractor's and installer's certification that projects are installed in accordance with the Contract Documents. 3. Manufacturer's certification that carpet furnished for the Project meets one of the following requirements: a. Indoor Air Quality Carpet Testing, Carpet and Rug Institute, include CRI Certification number(Green Label). b. EPA Guidelines for Total Volatile Organic Emissions. 4. Antimicrobial: Environmental Protection Agency registration numbers for antimicrobial agent in products furnished. 1.04 DELIVERY, STORAGE, AND HANDLING: Deliver materials to the project site in original unbroken factory packages, containers, or bundles bearing name of the manufacturer, material identification, brand, and grade. Store carpet tiles in dry ventilated location and handle by methods that prevent damage, soiling, or contamination. 1.05 PROJECT/SITE CONDITIONS: Verify areas to receive carpet are ventilated to remove fumes from installation materials, and areas are within temperature range recommended by various material manufacturers for site installation conditions. 1.06 WARRANTY: Furnish a written warranty to Owner for one year against all defects in materials or workmanship. 1.07 EXTRA MATERIALS: Deliver to Owner in carpet tile manufacturer's fully labeled containers not less than 1% of the quantity of each color, pattern, and size of carpet tiles installed in the Work. PART 2 -PRODUCTS 2.01 CARPET TILE MATERIALS: Carpet tiles shall bear a positive identification by a label service showing carpet fire hazard classification as determined by a nationally recognized testing laboratory such as UL. A. Carpet Tiles: Shall be 24" by 24" modules as scheduled on the Drawings and conforming to the following: 1. Performance: a. Static: AATCC-134 Under 3.5 KV b. Flammability: ASTM E 648 Class 1 (Glue Down) C. Smoke Density: ASTM E 662 Less than 450 2. Characteristics: 1. Fabric Construction: Tufted, patterned, cut pile carpet tile. 2. Carpet Fiber: Duracolor Premium Nylon 3. Fiber Technology: Duracolor by Mohawk Group's Stain Resistant System. Passes GSA requirements for permanent stain resistant carpet. 4. Soil Release Technology: Sentry Soil Protection 5. GSA Stain Release Rating: Pass 6. Tufted Pile Weight: 22.0 oz. per sq. yd. Agreement No. 5581 WIFI Lounge Carpet Tiles City of EI Segundo Public Library 09685- 3 7. Tufting Gauge: 1/10 8. Stitches Per Inch: 13.2 9. Density: 9,103 10. Finished Pile Thickness: .087" 11. Primary Backing: EcoFlex NXT 12. Tile Size: 24" x 24". 13. Warranty: Lifetime Limited Carpet Tile Warranty, Lifetime Duracolor Stain Warranty, Lifetime Static. 3. Sustainability: 1. IAQ Green Label Plus: CRI Green Label Plus GLP1171 2 Pre-Consumer Recycled Content: 56% 3 Post-Consumer Recycled Content: 1% 4 NSF140: EcoFlex NXT—NSF 140 Gold 5. Declare Label: Declared Red List Free 2.02 RELATED MATERIALS: Furnish the following floor adhesive unless equivalent products are recommended and fully identified in Product Data submittals of the carpet tile manufacturer specified above. A. Floor Adhesive: Henry's#356 Multipurpose Adhesive. B. Leveling Compound: Latex compound, Merkote Products "Mer-Ko Underlay L"or Crossfield Products "Dex-O-Tex G-26 Underlayment". Verify that the compound is compatible with floor adhesive. PART 3 - EXECUTION 3.01 EXAMINATION: Carpet tile supplier and the installer shall inspect substrates before start of carpet tile installation and report to Architect and Contractor, in writing, all conditions that interfere with or prevent correct installation of Work of this Section or that will adversely affect installed carpet tile flooring. Do not begin installation in affected areas until adverse conditions are eliminated or corrected. 3.02 PREPARATION: A. Cleaning and Drying: Clean floor slabs of all oil, grease, waxes, curing compounds, dust, dirt, debris, paint, and other deleterious substances. Verify that concrete is dry with electronic tester, sealed rubber-mat test, or another test procedure recommended by carpet tile and adhesive manufacturers, number of tests as needed to ensure that slabs are dry but at least one test per floor and for every 2,500 square feet of floor area. Allow floor slabs showing excessive moisture to dry and re-test until dried to a tolerance allowed by floor adhesive and carpet tile manufacturers. Use commercial vacuum cleaner to remove dust and dirt. Damp mop to remove all dust that may remain after first vacuuming, allow surface to dry, and again vacuum clean; repeat procedure as necessary to totally eliminate all dust. Do not use oiled or chemical treated sawdust or any similar product for dust removal B Leveling: Make floor slabs true to level and plane within a tolerance of 1/8" in 10-feet. Test floor area both ways with 10-foot straightedge and repair high and low areas exceeding tolerance Remove the high areas by power sanding, stone rubbing or grinding, chipping off and filling with a leveling compound, or equivalent method. Fill low areas with leveling compound. Repair and level the surfaces having abrupt changes in plane, such as trowel marks or ridges, whether or not within allowable tolerance Re-clean areas where repairs are performed. Agreement No. 5581 WIFI Lounge Carpet Tiles City of EI Segundo Public Library 09685-4 3.03 INSTALLATION: Install carpet tiles to match the approved Site Sample and in accordance with the manufacturer's directions. Align the carpet tile seams with centerline of room or space, and adjust at edges for wall variations with no carpet tile less than one-half size. A. Adhesive: Perimeter rows of carpet tiles at each carpet tile areas shall be bonded in place with the specified adhesive, applied in accordance with the manufacturer's directions, and tiles rolled for full adhesion. 3.04 INSTRUCTION: After all installations are complete, carpet manufacturer's technical representative shall instruct Owner's personnel in maintenance of the installed carpeting. Give instruction at time and location designated by Owner. 3.05 COMPLETED INSTALLATIONS: Clean and free of loose carpet tiles, defective or apparent seams, scallops, puckers, ripples, distortion, or other defects, and conforming to approved submittals. Carpet tile installations not conforming to these requirements as determined by both the City Project Engineer and the Architect will be rejected. Remove rejected carpeting and install new conforming carpeting at no extra cost to Owner. 3.06 CLEAN-UP: Each carpet tile flooring area is completed clean up dirt and debris, remove spots and soiling with cleaner, trim off loose threads with sharp scissors, and vacuum entire area clean. 3.07 PROTECTION: Keep traffic and personnel off carpet tiles until at least 12 hours after installation. Cover installed carpet tiles with heavy non-staining kraft paper, or equal, where the Work of other trades is to be performed and in passage areas. Protect carpet tiles from damage or soiling, and keep protective covering in place until ready for final clean-up operations. END OF SECTION Agreement No. 5581 WIFI Lounge Painting City of EI Segundo Public Library 09900- 1 SECTION 09900 PAINTING PART 1 - GENERAL 1.01 SUMMARY: Division 1 applies to this Section. Provide and perform painting, complete A. Work included: 1. Submittals. 2. Preparation of surfaces. 3. Painting of all interior surfaces, except as otherwise specified. B, Related Work: 1. Shop prime coats and factory finishes. 2. Painting specified as Work of other Sections. 3. Sealants and caulking. C Surfaces Not To Be Painted: 1. Non-ferrous metal work (other than zinc-coated surfaces)and plated metal, unless particular items are specified to be painted. 2. Factory finished surfaces. 3. Solid wood base. 4. Surfaces indicated not to be painted. 1.02 AQMD RULES: Furnish paint materials that conform to the current rules and regulations of all governing Air Quality Management Districts and other public environmental control and protection agencies having jurisdiction If any paint materials specified herein do not conform to said rules and regulations, paint manufacturer of proposed paint materials shall prepare a list of non- conforming specified painting materials and proposed substitute conforming paint materials; Contractor shall deliver the list to both the City Project Engineer and the Architect for review. 1.03 SUBMITTALS: A. List of Paint Materials: Prior to submittal of Samples, submit a complete list of proposed paint materials that identifies each material by manufacturer's name, product name and number, including primers, thinners, and coloring agents, together with manufacturers' catalog data fully describing each material as to contents, recommended usage, and preparation and application methods. Identify surfaces to receive various paint materials. Do not deviate from approved list. B. (SD-75) Color Samples: Prior to submittal of Samples obtain Architect's color and gloss selections and instructions. Using materials from approved list, prepare and submit 8-1/2" by 11" Samples of each complete opaque paint finish 1.04 JOB CONDITIONS A. Protection: Protect all painting while in progress and cover and protect adjoining surfaces and property of others from damage. Exercise care to prevent paint contacting surfaces not to be painted. Agreement No. 5581 WIFI Lounge Painting City of EI Segundo Public Library 09900-2 B. Weather Conditions: Apply paint to clean, dry, prepared surfaces. Arrange for temporary heat and ventilation for interior painting. C. Precaution: Place oily rags and waste in self-closing metal container and remove from site at the end of each day. Do not let rags and waste accumulate. PART 2- PRODUCTS 2.01 MATERIALS: Use the paint products of only one paint manufacturer unless otherwise specified or approved. In any case, primers, intermediate, and finish coats in each painting system must all be the products of the same manufacturer, including thinners and coloring agents, except for materials furnished with shop prime coat by other trades. To the maximum extent feasible, factory mix paint materials to proper color, gloss, and consistency for application. Dunn Edwards Paint Company products specified herein designate the intended types and qualities. Furnish paints from one of the following manufacturers: Dunn-Edwards Sherwin Williams Glidden PART 3- EXECUTION 3.01 INSPECTION: Examine all surfaces to be finished under this Section and verify satisfactory condition. Report to both the City Project Engineer and the Architect in writing all those conditions that prevent or interfere with correct preparation and application of Work of this Section. Do not proceed with painting and finishing on involved surfaces until all reported conditions are corrected. Application of the first coat of any finishing system constitutes acceptance of the surface by Painting Subcontractor. This does not relieve the Contractor from proper preparation of surfaces. 3.02 WORKMANSHIP: Apply paint materials in accordance with the manufacturer's instructions by brush or roller; spray painting is not allowed without specific approval in each case. Apply each coat at the proper consistency, free of brush or roller marks, sags, runs, or other evidence of poor workmanship. Do not lap paint on glass, hardware, and other surfaces not to be painted; apply masking as required. Sand between enamel coats. 3.03 PREPARATION: Properly prepare surfaces to receive finishes. 3.04 COATS AND COLORS: The number of paint coats specified to be applied are minimum. Ensure acceptable paint finishes of uniform color, free from cloudy or mottled areas and evident thinness on arises. "Spot" or undercoat surfaces as necessary to produce such results. Tint each coat a slightly different shade of finish color to permit identification. Conform to the approved Samples. Obtain approval of each coat before applying next coat; otherwise, apply an additional coat over entire surface involved at no additional cost to City. Agreement No. 5581 VV{F| LoUnge Painting City OfE| Segundo Public Library 09900-3 3.85 INTERIOR PAINTING: Provide paint finishes aoscheduled onthe Drawings ordirected, gloss of finishes as scheduled or, where not sohedu|ad, as designated bythe Architect. A. Enamel Finishes: Cffollowing glosses.- 1. |oaoee�1. Gloss Enamel ----'VV9SOPenna-Gkmm 2. Semigloss Enamel........VVBO1 Permaoheen 3. Eggshell Enamel..... ...VV411 Suprema 4` Flat........... — ....... —VV4O1 O000ve Or Lmbax—Drywm| 1otCoat:....... ...VV101Vinylambc 2nd Coat ....—_VV4U1Deoove 3rd Coat: ---.VV401 Decove| C. Enamel - DryweU: 1otCoat:..... — VV101 Vinyleabn 2nd Coat:..........Enamel, eggshell asscheduled ordesignated 3rd Coat: ..........Enamel, eggshell enscheduled ordesignated 3.06 CLEANING AND TOUCH-UP WORK: Make adetailed inspection ofpaint finishes after all painting is completed, remove spatterings ofpaint from the adjoining aurfaoeo, and make good all damage caused by cleaning. 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