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CONTRACT 5657 Public Works Contract CLOSED Agreement No. 5657 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND R.E. SCHULTZ CONSTRUCTION,INC. HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO. PW 18-33 This CONTRACT is entered into this 21St day of February, 2019 by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ("the City") and R.E. Schultz Construction. Inc., a California Corporation("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City)needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents"means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed One hundred tkiirty-kivc fliousan�l�i..two hundred ninctwv-four Dollars($135.294.00)for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. Agreement No. 5657 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. Agreement No. 5657 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 party will be deemed made when received by such parry at its respective name and address as follows: The Citv The Contractor Ken Berkman Richard Schultz Public Works Director President City of El Segundo R.E. Schultz Construction, Inc. 350 Main Street, 1767 N. Batavia Street El Segundo, CA 90245 Orange, CA 92865 (310) 524-2356 (714) 740-5049 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. Agreement No. 5657 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents,precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and,as so modified,such portion and the balance of this Contract will continue in full force and effect. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager,or designee,may execute any such amendment on the City's behalf. 18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. Agreement No. 5657 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. C r F 1 G HN I d� dare .arpe er Richard SChL11 Ci Manager R.E. Schultz,President ATT 'T: Taxpayer ID No.-32 "0 q6 S�� T`ra y Weaver, City Clerk Contractor State License No.: t o t)-7 l c7 Contractor City Business (;,-r,� � J License No.: APPROVED AS TO FORM: MARK D. I IENS ..E , City Attorney By: Oavic H. King, Assistant City Attorney Insurance Reviewed by: .... _ / . p Agreement No. 5657 PROPOSAL FOR THE HOLLY VALLEY PLAYGROUND PROJECT Project No.: PW 18-33 Date January 24 20 19 Company Name R.E. Schultz Construction, Inc. TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site,Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents,access and any other field conditions which may affect 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. EOIIAAL® EMPLOYMENT OPPORTUNITY COMPLIANCE I-C-I Agreement No. 5657 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 DECLARATION 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. 5657 BID SCHEDULE HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: R.E. Schultz Construction, Inc. BASE BID ITEMS Item Unit Total No. Description QTY Unit Price ($) ($) 1 Remove all playground equipment, 1 LS 3,200.00 3,200.00 including foundations. 2 Remove playground sand down to in-situ 1000 SF 2.50 2,500.00 soil. 3 Remove existing grass and dirt within 600 SF 4.00 2,400.00 limits of proposed playground limits. 4 Remove existing concrete curb boundary 80 LF t15.00 1,200.00 o playground. 5 Provide and install 6"wide concrete curb 160 LF 35.00 5,600.00 boundary for playground limits. ! 6 Remove existing concrete sidewalk to 400 SF 4.00 1,600.00 playground. Provide and install new concrete 7 sidewalk from street to entrance to play 60 SF 25.00 1,500.00 area per ADA requirements. Purchase and install all new playground 8 equipment per specifications, including 1 LS 70,284.00 70,284.00 foundations. Provide and install concrete slurry subbase (approx. 4") in preparation for 9 pour in place surface. Provide and install 1600 SF 17.35 27,760.00 3.5" pour-in-place rubber surfacing per specifications. 10 Miscellaneous improvements as 1 LS $5,000.00 $5,000.00 determined necessary by the engineer. Mobilization not to exceed 5% of the l0A 1 LS 6,250.00 6,250.00 total base bid) p TOTAL BASE BID FOR ITEMS 1-10A IN FIGURES = $ 127,294.00 I-C-3 Agreement No. 5657 TOTAL BID WRITTEN IN WORDS:One hundred twenty seven thousand two hundred ninetyfour 0/100---------------------------------------------------------------------------------------------- (NOTE: /100---------------------------------------------------------------------------------------------- (NOTE: THE AWARD TO THE APPARENT LOWEST BIDDER IS BASED ON THE TOTAL OF BASE BID ITEMS 14-10A ONLY. ALTERNATIVE BID ITEMS SHALL NOT BE CONSIDERED AS PART OF THE LOWEST BID.) All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids,to waive any irregularity, and to take all bids under advisement for a period of ninety(90) calendar days. BID SCHEDULE HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: R.E. Schultz Construction, Inc. ALTERNATIVE BID ITEMS Item Unit Total No. Description QTY Unit Price($) ($) Purchase and install a 3-ft high chain link 11 fence with two gate openings around the 160 LF 50.00 8,000.00 perimeter of the playground area. I-C-3 Agreement No. 5657 BIDDER'S INFORMATION Company Name: R.E, Schultz Construction, Inc. BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual, partnership, corporation, etc.) Corporation If corporation, State of Incorporation (i.e., California) CA Business R.E. Schultz Construction, Inc. Address 1767 N Batavia St. Orange, CA 92865 Telephone No. 714-649-2627 Facsimile No. 714-740-5049 State Contractor's License No. and Class 1007195 A& C-61/D34 ---........... Original Date Issued 9/10/15 Expiration Date 9/30/19 The following are the names,titles, addresses,and phone numbers of all individuals, firm members,partners,joint venturers,and/or corporate officers having principal interest in this proposal: Richard Schultz, President&Secretary P: 714-350-4269 P.O. Box 6, Silverado CA 92676 The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: N/A ............................... All current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: R.E. Schultz Construction Services I-C-4 Agreement No. 5657 BIDDER'S INFORMATION(CONTINUED) Company Name: R.E. Schultz Construction, Inc. Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Chris Thomas Title: Project Manager I-C-5 Agreement No. 5657 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles, hands, and seals of all aforenamed principals this 24 day of January . 2019 . BIDDER R.E. Schultz Construction, Inc. Richard Schultz, President&Secretary Subscribed and sworn to this 24 day of January 20 19 NOTARY PUBLIC see attached I-C-6 Agreement No. 5657 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 :�"�-C.c•a� :a'�^ `�,.�✓- 5:��:`�:�:�"�;.Y'�.�P, ;^��C,: ,�^w^r :«�:, �`"r�"�" �^ tial,�:'S". '.5:`�"s�.ti:�s:+.: c's-:CSM»c'z�:�,^'" ^ "d.^+:s.'K'� ^;rs^ :.d .............................._..........................._...._.. 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 Orange ) On before me, Chelsea Mae Svir,Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s)of Signer(s) a who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHELSEA MAE SVIR WITNESS my hand and official seal. COMM.#2097883 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY Signature_, .. �4S'�nature ;_ r ,,,,,,, f My comm.expires Jan.24,2019�, of Notary Public r . w „ . „ 0 W .,, , W Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended documr en Description of Attached Document '° Title or Type of, ocument: Document Date_ .umber of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sign Si Signer's Name: _ 9 Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑Gener ❑ Partner — ❑ Limited ❑General ElIndividual Attorne ac't individual El Attorney in Fact [71 Trustee ❑ Gu arr or Conservator etas Ll Guardian or Conservator ❑ Other: 1 Oth Signer Is Repres'iting: Signer Is esenting: ©2016 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907 Agreement No. 5657 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: 1007195 Class No.: A&C-61/D34 ................ 2. The expiration date of BIDDER'S Contractor License is: September 30 12019 3. BIDDER acknowledges that Section 7028.15(e)ofthe 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 January 242019 , at Orange, CA (insert City and State where Declaration signed). Signature Richard Schultz ...........................� Typed Name President&Secretary Title R.E. Schultz Construction, Inc. ................... Company Name I-C-8 Agreement No. 5657 NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the President&Secretary of R.E. Schultz Construction, Inc.the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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.All statements contained in the bid are true. 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,to any corporation,partnership,company,association,organization,bid depository,or to any member or agent thereof,to effectuate a collusive or sham bid,and has not paid,and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company,limited liability partnership,or any other entity,hereby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1/24/19 [date], at Orange [city], CA [state]." Dated this 24 day of January ,20 19 . Richard Schultz Name President&Secretary Title �' ..................................................._.........................................r Signature I-C-9 Agreement No. 5657 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �:�*" ;�+t.�rr�` �"�5 d^�"�"w �"��' �.:� ."�w"�" s`�`�"S.~4". ',�`X"t," a. 4� `�,�.c-�ru^e-eat�:fi,•��"' "�,-"c;a�."»mss.rK��" �.:t,�' ;� 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 Orange ) On before me, Chelsea Mae Svir,Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CHELSEA MAE SVIR � WITNESS my hand and official seal, COMM.#2097883 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY N Signature ° ' r � •••••_ y comm.exp res Jan.24,2019 Signature of Notary Pudlic F 4 .• + ,. r. .. . M w F r ,. a w Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do6b Brent Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General \Individual ❑ Limited ❑General ❑ Individual ❑Attorney in F ❑Attorney in Fact ❑Trustee ❑ Guardian onserv'ator ❑ Guardian or Conservator ❑Other:Signer Is Representing: °' presenting: r;✓,, ,�x,r„„,a�.,s.,,r✓,s .,.'^.,:,.° r� „i' � >r o'.' .�., ',,,.„� ;;�. ,,�.,r`,,_.^, .,+ w ,.;r;"�r,',,i.,i,i•,•r�.^;, ©2016 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Agreement No. 5657 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: President&Secretary Business Name: R.E. Schultz Construction, Inc. Business Address: 1767 N Batavia St. Orange, CA 92865 Telephone Number: ( 714_ ) 649-2627 Dated this 24 day of January 2019 I-C-10 Agreement No. 5657 DESIGNATION OF SUBCONTRACTORS HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: R.E. Schultz Construction, Inc. As detailed in Section 2-3.1 (Page II-B-3)of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent(0.5%)of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Description of Subcontractor's Portion of Name of Contractor Work Estimated S 16 Subcontractor Address License No. Subcontracted Amount .............. ... ., ...... umber and , (N Street) (City,Zip Code) I Great Western 975 S. Hwy 89-91 855664 Installations Surfacing $20,000.00 Logan, UT 84321 .._.................._............-..... Make copies of this page if additional space is needed) 1/24/19 Signature of Bidder Date I-C-11 Agreement No. 5657 REFERENCES Company Name: R.E. Schultz Construction, Inc. The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5)years: 1. Project Title: McGee Park Improvements Location: EI Centro, CA City of EI Centro 1275 W Main Street EI Centro, CA 92243 Name and address of owner Javier Villaverde 760-336-8971 Name and current telephone number of person familiar with project Type of Work: 1275 W Main Street EI Centro, CA 92243 Contract amount:$ 529,00.00 Date completed: June 2018 Amount of work done by my/our firm under contract$ 529,000.00 Did your firm have any financial interest in Project? GC 2. Project Title: Mcdonald Park Play Equipment Replacement Location: Pasadena, CA City of Pasadena 1275 W Main Street EI Centro, CA 92243 Name and address of owner Wes Perreyclear 626-744-6768 Name and current telephone number of person familiar with project Type of Work: Playground Install Contract amount:$ 253,000.00 Date com leted: March 2019 Amount of work done by my/our firm under contract$ 253,000.00 Did your firm have any financial interest in Project? GC I-C-12 Agreement No. 5657 3. Project Title: Veteran's Park Location: Culver City, CA City of Culver City 9505 W Jefferson Blvd., Culver City CA 90232 Name and address of owner Linda Endler 310-253-6487 Name and current telephone number of person familiar with project Type of Work: Playground Instal Contract amount:$ 158,000.00 Date completed: January 2018 Amount of work done by my/our firm under contract$ 158,000.00 Did your firm have any financial interest in Project? GC 4. Project Title: San Dieguito ADA Playground Improvements Location: San Diego, CA County of San Diego 5500 Overland Avenue, Suite 410, San Diego CA 92123 Name and address of owner Amanda Parra 858-966-1353 Name and current telephone number of person familiar with project: Type of Work: Playground Improvements/park Rehab. Contract amount:$ 436,000.00 Date completed; January 2019 Amount of work done by my/our firm under contract$ 436,000.00 Did your firm have any financial interest in Project? GC 5. Project Title: Emery park Playground Replacement Location: Alhambra, CA City of Alhambra 111 South First Street, Alhambra, CA 91801 Name and address of owner Mike Macias 626-570-3244 Name and current telephone number of person familiar with project: I-C-13 Agreement No. 5657 Type of Work: Playground Replacement Contract amount:$ 269,000.00 Date completed: September 2017 Amount ofwork done by my/our firm under contract$ 269,000.00 Did your firm have any financial interest in Project? GC 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: The Bond Connection 27201 Puerta Real Suite 300, Mission Viejo, CA 92691 P: 800-298-4826 U.S.Specialty Insurance Company 801 S Figueora St, Suite 70 Los Angeles CA 90017 P: 310-649-0990 I-C-14 Agreement No. 5657 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: R.E. Schultz Construction, Inc. Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. I. Have you ever been disqualified from any government contract? Yes ❑ No Ca 2. If yes, explain the circumstances: N/A _..._............................. .-................ 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ® No ❑ ............................ .... Bidder's Signature Richard Schultz Name (Please Print) I-C-15 Agreement No. 5657 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33, Company Name: R.E. Schultz Construction, Inc. To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying,at a minimum,with the limits set forth below: Tyne of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City,its officials,and employees as"additional insureds"under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No.CG 20 10 11 85 or 88,or equivalent. Such insurance must be on an"occurrence,"not a "claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 0106 92,including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement,endorsements as required herein,and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of"A:VII." Certificate(s)must reflect that the insurer will provide thirty (30)day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage,because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal"nonresponsive." - 1/24/19 Date Bidder's Signa r — I-C-16 Agreement No. 5657 END PROPOSAL SECTION I-C-17 Agreement No. 5657 FLUGUN 11'r.It January 17,2019 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday,January 29,2019,at 11:00 am. 2. In the bid table, line item 10A has been added to incorporate mobilization tasks associated with the project, and as identified in the specifications. 3. The award to the apparent lowest bidder is based on the total base bid items 1- I OA only. 4. For clarification,temporary construction fencing (min. 6-ft height) shall be placed around the perimeter of the construction area for protection of the public and of the work site. The costs for the construction fence shall be incorporated into the bid of the project. 5. For this project,the acceptable classes of license shall be "A"or"B", as classified by the Contractor's State License Board. 6. TotTurf Advantage, by Robertson Recreational Surfaces, has been approved as an "or equal"product. Specifications for the product are attached. Page 1 of 2 350 Main Street,El Segundo,CA 90245-3895 (310)524-2300 Fax(310)640-0489 Agreement No. 5657 ti LSE O F7 RE i Oi I i I AL 4issr.,vall , '' �t As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: Date: 1/24/19 Print Company Name: R.E.Schultz Construction, Inc. Page 2 of 2 350 Main Street, El Segundo,CA 90245-3895 (310)524-2300 Fax(310)640-0489 Agreement No. 5657 EL S[10219N �•c�iiiare"w�w.'r�w�•N' n�Mx-ae�xwx January 23, 2019 ADDENDUM NO.2 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday,January 29,2019,at 11:00 am. 2. The following substitution requests were received on or prior to January 20th, 2019: a. Play& Park Structures, Sun Country Systems—The City has reviewed all of the documents received and determined that the product is not acceptable as a base bid substitute product. Although the materials and design appear to be similar, it was found that the post dimensions and clamp system were not consistent with the GameTime product, among various other design elements. b. Gotham Poured Rubber Playground Safety Surfacing — The City has reviewed all of the documents received and determined that the product is not acceptable as a base bid substitute product. Warranty information and depths of materials were not consistent with base bid specifications. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. ".. Signature: Date: 1/24/19 Print Company Name: R.E. Schultz Construction, Inc. Page 1 of 1 350 Main Street, EI Segundo,CA 90245-3895 (310)524-2300 Fax(310)640-0489 9 ' ch C Ru--0 U0 in a m 4J -2 o O Ch o C_ C .� s a Q � , I � C ° o � a�i ti E � aw, L (tnu ai E eC 0. U QJ .E 7 �O g LYro W N Q >7 V^ a — o ° ti Q C ¢ a� a~i 'w N E E cu V* N 7 L4;-- � (\ i C 2c'Q ° ON R '� 4� e t c •v' �j +� N Nw r a c o 44 d =(L) It n OO. � u � ~ E ° rl Cr u 3 n CL 4-1 O v� ° a _ a ° E �A o 0CL u RNO E U o ° _ � I Agreement No. 5657 heck A License - License Detail Page 1 of Contractor's License Detail for License # 1007195 DISCLAIMER: A license status check provides Information taken from the CSLB license database. Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw(B&P 7124.6)If this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information, Per B&P 7071 17,only construction related civil Judgments reported to the CSLB are disclosed Arbltrations are not listed unless the contractor falls to comply with the terms of the arbitration. Due to workload,there may be relevant Informatlon that has not yet been entered onto the Board's license database. Business Information R E SCHULTZ CONSTRUCTION INC POBOX 6 SILVERADO,CA 92676 Business Phone Number:(714)649-2627 Entity Corporation Issue Date 09/10/2015 Expire Date 09/30/2019 License Status This license is current and active. /411 information below should be reviewed. Classifications A- GENERAL ENGINEERING CONTRACTOR C-61 /D34-PREFABRICATED EQUIPMENT Pondina Informaltiq Contractor's Bond f hIs license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY, Bond N'umbsf: 100320462 (Bond Amount: $15,000 (Effective Date: 08/06/2016 ct::ontractor's Bond History Bond of Qualifying Individual The qualifying individual RICHARD EARL SCHULTZ certified that he/she owns 10 percent or more of the voting stock/membership 'I interest of this company„therefore,the Bond of Qualifying Individual Is not required, (Effective Date:06/24/2016 00i's Sand l°iistory Workers' Comoensati'on This License has workers compensation Insurance with the FALLS t.AKE I,]IRF AND CASUALTY COMPANY policy t+Nwmber:FLA00896900 Effective Date: 04/1412018 !Expire Date:04/14/2019 /rakers'Cornpensatlon HIst;:,)ry nfhar ttti /1 / .calla.cc., ov0 lit c clva t 1/ "i�c i .Au n ciili,,ic t ci ttuil. a "�)I icl it i 'i 0071951/28/201 Agreement No. 5657 4-4 bLO bJJ 0 Cf 41 M 44C T'J E 0 0 & !6— .1w 01 E 0 L) 6. +J w C CL 0 v CL (A "M Jtl u L. 2 0' QJ' 5: 1 401 bb 0 (U �0 tw 0) OR >1 CL ILI '2 o CL 4-0 Ul NIA M LO CL 4-d t 0 ;z � ch 4-0 Q 40 T— CL ar ul 4—� 0 NOIN 7Uj 0 u V E 6. %mw Al. z :10 Q 0 L) CL 0 TO u CL 0 E 10 ow" M moon$ a M M 4% Je c 4 LM Agreement No. 5657 Certificate of Amendment FILED Of Articles of incorporation Secretary of statt, State of Cc)'fforMr, JAN 0 7 2016 The undersigned certify that: (1�1 1. They are the President and the Secretary, respectively, of R55 ENTERPRISES, INC., a California corporation, 2, Article 1, of the Articles of Incorporation of this corporation Is amended to read as follows® nwneof ttLq uc tjL -,qkw Is., RX, S e Utt!J"221truct ion� Inc, 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4, The corporation has Issued no shares, We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge, DATE: J'af-) 5 lo Richard Schultz, Presi -nt s Richard chult'tz Secret, v Richard Schultz 2914 E,Katella Ave#102 Orange CA 92867 714-649-2627 Entity#C3779421 Agreement No. 5657 Jo 66Z cq t -7 00 .-NEW 4-4 ad TA l6w 4-0 4-0 A ,*WON :,� 4-0 • SAO ;OOP Agreement No. 5657 00 ct i. � I MI i� IV II 'G VIII. M V' oh i I IIYIVI IIII ia � V,'�I";"" ryOlrl'I Ra^ OWN I I nrII �' ;4 I uw" h I� �, el iilNl°I u1 + 61; Cq a w� r+' IVIPIi,'p p III �I t . cqIII Iln�li I �� IIII u!wl ^I U �V I� Itll I Cq I I NI I „ I MI brvMuI'w I� (�, al' •dV'��, i Nr' ^l �,., Agreement No. 5657 , �iN I�'a .m �iW�" n ,�I�fi� � V�'KKmu� c dm''�'�' we�f''I ,..,aw''I' �d"'�� bl Iii��"ml,ilw, "YP°'�",r�v'k^n'�"d' M f W f" d`�Y�dl� 11'11 �pf �II M � � >»„i,M.✓< ..,..'. ."n@ ��,M i�t til OW �µ y N �wA"'n ��,� d drn b" 19 IMPOo"Vol, tirlw "'JpJ ., iN III it i, ww; WiIl��wpNN° HIM)1�V yry ,�� FIE Ln w"a 'J kyrµ w Agreement No. 5657 Bid Bond No . : 11-327-242 PROPOSAL GUARANTEE BID BOND HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 KNOW ALL MEN BY THESE PRESENTS that, R. E. Schultz Construction, Inc. ,as BIDDER, and U. S . Specialty Tnsura}.?ce Compa 1 as �URETY, are�ield and firmly bound unto the City of El Segundo, in the penal sum of 0, b ient 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 29thday of January 20 19 BIDDER* R. E. Schultz Construction , Inc . 1767 N Batavia St orange CA 92865 714-350-4269 SURETY* U. S . Specialty Insurance Company J 801 S Figueroa t700 Los Angeles CA 90017 Blake A Pfiste?, 310-649-0990 Attorney-in-fact SUbscribed and sworn to this�day of JMO 20 . NOTARY PUBLIC *Provide BIDDER/SURETY name, title, address and telephone number and the name, title, address and telephone number for authorized representative. see attached acknowledgment I-C-7 Agreement No. 5657 CALIF IA ALL-PMJ "KNOWLEMMllENT" CML CODE$1189 1ri1111 IJIIII0.1 III,IIIV'l I'll 111141 dY1JIIIIA1III I 1,1141id,'V A notary public or qttw ol cornpi this cue vu Wm only the Identity of the irxl kkd who signed the dommnent tocal a is attaid W,and not the truMAns,accuracy,or validity of that dommierlt. State Of California )1 County of--Qxap q'- On pOn January 23 , 2019 beforern% Lianne Nahina , Notary Public , Date Here Insert Name and Title of the Officer Pl appeared Blake A. Pfister Nemi of Slgner(s) who Proved to me on the bai of satisfactory evidence to be the persol vil n s) Isil subscribod to the wvitfrin instrunwirt and acknowiedigod to me that he/MMOWAW executed in h authorized ,and that by hWAMWW signattolill on the instrument the persooft or the of which Ow persol acted,executed the instrumeniL I certify under PENALTY OF PERJURY under the laws LIANNE NAHINA of the State of California VW the foregoing parte C4 COMM. #2134629 X Is true and correct. NOTARY PUBLIC-CAUFORMA; WITNESS hand and of W gam, ORANGE COUNTY N Signature ,, / t NAYCOMM.EXP.DEC a,2019 .I XJI,I" uILL 114", m�� Ili VI, A i i6l 111, „ I Signature of Notary Public Place Notary Seal Above O NAL Though this section is optional, completing this informatlon can deter alteration of the document or fraudulent reattachment of this form to an unintended document D"a"m of Aftwhed Te Bid Bond 1,1.-327 Type'Of DOCUment< -242 DOCurTlent Date: Januar y29, 2 019 Number of Pages: . .1 Signers) Other Than Named Above: V/A N o n e C aW by ) SoWsNamlBlake A. Pfister Signer's Name: ---- ®Corporate Officer- Mel ®Corporate Officer -- Title(s): E3 Partner— ®Limited ®General ®Partner — ®Limited O General 0 Individual ®Altomey in Fact ®Individual 0 Attorney in Fact 0 Trustee ®Guardian or Conservator 0 Trustee 0 Guardian or Conservator ®Other El Other. j. Signer Is RapInsurance ;o�i�a ri y s' �,a l t s e y Signer Is Representing: �dWdlwwetlNedW�MtlFNWuWiM+ki�adWWw udd�i+!w�N�rkp14WMwN1��WiMufivdd�tib�WaA+M'�4u y 4�J'4�W+4uimIWd4MY<dtily,rE�4owMJIioI Aa�r1�9Wn�pP41wM4MAd4�1Y1!Wdid�'�w4wVMwYrv�d+wWdbl�dlG�dWlNili41411CWc 02014 National Notary Association-www.NationaiNotary.org•14MO-US NOTARY(1-800876-6827) Item#5907 POWER OF ATTORNEY Aweement No. 5657 AMERICAN CONTRACTORS INDEMNITY COMPANY TFXXsBONDINGCOMPANY 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 Arnerican Contractors Indemnity Company, United States Surety Company, it Maryland corporation and U.S. Specialty Ins6rahce Company, a Texas corporation (collectively, the "Companies,"),do by these:presents make, constitute and appoint: Blake A.Pfister of Mission Viejo,California its Wile and lawful:Attorney(s)-in-fact„ each in their separate capacity if more than,one is named above, with full power and authority here by"conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds,recognizances, undertakings or other inst�ruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *****Five Million***** Dollars ($ **51000,000.00**). 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 J?ewlved, 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 jwfhor;ty to qrpoim qRly eIno or mt)p,sylilr-ble pe,-rsovs Tis to ropresont niid got rev and on bc-hilfref rhc Coripany qubjOel to 1170 IblInwing 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 and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so cxccuted by any such Attorney-in-Fact shall be binding upon the Company as if'signed by the President and scaled and effccted by the Corporate Secretary. Y4,11 Revolved, that the signature of any aulhorizcd officer and seat of the Company licrettII or licrealler affixed to any power ofattornoy or Arty certificate relating tboreto by facsirnfle and any power of attorney or certificate bearing facsimile signature or facsimfle 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 of November,2016. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY Corporate Seals UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY "WOMM",t ..............�, a 0, dl wBy: jG INCORPORAUD iz� 1'w I-- SEPT.25.199D V .2� 1q. S ullar,Vicie Presi 2ent Daniel P.Ag % .. ..... Ile, ..... ...... A notary public or other officer counpleting this certific i ate: vierifiels! only the identity of tile individualwho signed the docut-nant to which this certificate is attached,and riot the truth fa Iness,accuracy,or validity of'that documen State of California County of Los Angeles SS: On:this Ist day of November,,7016, before me,Sabina Morgenswin,a notxy public, pe'sonally apr4arcd Da"icl P.Agifflar,Vi,=Proccident 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 tile that lie executed the same m, 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 MORGENSTEINI Commission# 2129250 Ir 13 Signature (Seal) Notary Public- California Los AntieWs County My Comm.Expiris Noy S,2019 1,Kio Lo,Assistant Secretary of Arnerican Contractors Indemnity Cornparry,'rexas Bonding Coinpany,United States Surety Company and I.J.S. Specialty Insurance Cornpany,do hereby cerci fy 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 effectJurthertnore,tile 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 t[,iS2 tot:': day of January 12019 Corporate Seals 0,IN 'Oki Pen qp 0 "o .-%V k, A tA 4%+ S Ala Kio Lo,Assistant Secretary Bond No. 11-327-242 S : rtr V` Agency No._30 % "111 :WO 1 , I 01 74 1'z '� $ %, 11,a1011 N Agreement No. 5657 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Orange ) On before me, Chelsea Mae Svir,Notary Public Date Here Insert Name and Title of the Officer personally appeared Richard Schultz Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph _. is true and correct. CHELSEA MAE SVIR COMM.#2097883 WITNESS my hand and official seal. NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY I Si My comm.expires Jan.24,2019 g nature lfvxr, w' Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ` Description of Al tacked Document Title or Type of Document: ^k �- Document NuMber of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Ll Corporate Officer — Titles : iigi er's Name: Signer's Name: ❑ Partner — 1:1 Limited El General ElPworpora'te Officer — Title(s): p ( ) alin r — ❑ Limited ❑General ❑ Individual ❑Attorney i>Fac t ❑ Induvi�''I' ❑Attorney in Fact ❑Trustee ❑Guardianservator ❑Trustee I Guardian or Conservator ❑Other: ❑ Other: _m Signer Is Representing: Signer Is Representing: . 02016 National Notary Association -www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Agreement No. 5657 n, . ..... d.„,. ELSEnON 4-C a .� d RNC'T I[M as'N'fi.iih? January 17, 2019 ADDENDUM NO. 1 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday,January 29,2019, at 11:00 am. 2. In the bid table, line item l0A has been added to incorporate mobilization tasks associated with the project, and as identified in the specifications. 3. The award to the apparent lowest bidder is based on the total base bid items 1- l0A only. 4. For clarification,temporary construction fencing(min. 6-ft height) shall be placed around the perimeter of the construction area for protection of the public and of the work site. The costs for the construction fence shall be incorporated into the bid of the project. 5. For this project, the acceptable classes of license shall be"A” or"B", as classified by the Contractor's State License Board. 6. TotTurf Advantage, by Robertson Recreational Surfaces, has been approved as an "or equal" product. Specifications for the product are attached. Page 1 of 2 350 Main Street, El Segundo,CA 90245-3895 (310) 524-2300 Fax(310)640-0489 Agreement No. 5657 R SEGUN As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: Date: Print Company Name: ............ Page 2 of 2 350 Main Street,El Segundo,CA 90245-3895 (310)524-2300 Fax(310)640-0489 IuMRobertson Agreement No. 5657 Recreational Surfaces •PV'.✓JCORC .... 05/2018 SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING PART 1 -GENERAL 1.1 SCOPE A. Furnish labor, material, and equipment necessary to install the poured-in-place, resilient surfacing system as shown on the drawings and specified herein. a. Work shall include, but not be limited to the following: layout; excavation; backfill; furnishing and installing of base material; furnishing and installing of poured-in-place, resilient surfacing and all other incidental work to provide a complete resilient surfacing system. b. Poured in place playground surfacing shall consist of a polyurethane binder mixed with 100% recycled, shredded tire material which will make up the Cushion Layer. The Cushion Layer is capped with EPDM, TPV or Treated SBR rubber granules mixed with a polyurethane binder creating the Wear Course. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. Manufacture is to be certified by IPEMA, a third party testing organization for playground surfaces and equipment. 1.2 PERFORMANCE REQUIREMENTS A. Area Safety: Poured in place within playground use zones shall meet or exceed the performance requirements of the CPSC, ADA and Fall Height Test ASTM F1292-17a. The surface must yield both a peak deceleration of no more than 200 G-max and a Head Injury Criteria (HIC) value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. IPEMA certification is required. (ASTM F1292-17a section 4.3.3: The laboratory test used to determine critical fall height shall have been conducted on surfacing material samples identical in design, materials, components, and thickness and manufactured as the installed playground surface). B.. Accessibility: NOTE: Children's outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED-STD-795 and the Architectural and Engineer Instructions (9AE1) Design Criteria. C. The requirements of the Americans with Disabilities Act. Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children's outdoor play areas. D. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951-14 and ASTM F1292-17a. 1 SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice IiMRobertson Agreement No. 9[/88?18 Recreational Surfaces .PLAN c r— 1.3 APPLICABLE STANDARDS A. ASTM International B. ASTM C1028 - Standard test method for determining the static coefficient of friction of ceramic tile and other like surfaces by the horizontal dynamometer pull meter method. This standard replaces ASTM D2047. C. ASTM D12 — Standard test methods for vulcanized rubber and thermoplastic rubbers and thermoplastic elastomers-tension. D. ASTM D624 - Standard test method for tear strength of conventional vulcanized rubber and thermoplastic elastomers. E. ASTM D2859 — Standard test method for flammability of finished textile floor covering materials. F. ASTM E303 — Standard test method for measuring surfacing frictional properties using the British Pendulum tester. G. ASTM F1292-17a — Standard specification for impact attenuation of surface systems under and around playground equipment. H. ASTM F1951 — Standard specification for determination of accessibility of surface systems under and around playground equipment. 1.3 Poured in place surfaces shall be manufactured and installed by trained, experienced company employees or certified installers who have successfully completed the "Certified Installers Training Program" required by TotTurf®. 1.4 Submittals: The following shall be submitted: A. The Contractor shall submit, five (5) complete sets of the material submittals, including manufacturer's name and address, specific trade names, catalog and model numbers, illustrations and descriptive material, and samples of the proposed material for this project clearly marked as to proposed items for approval by the Owner's representative. B. Products submitted as equal must include hard copies of manufactures written specifications and warranty. C. Manufacturer's descriptive data and installation instructions. D. Manufacturer's details showing depths of Wear Course and sub-base materials, anchoring systems and edge details. E. Upon request, a listing of at least five installations where products similar to these proposed for use have been installed and have been in service for a minimum period of 3 years. The list shall include owner or purchaser, address of installation, date of installation, contact person, and phone number. i SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice NiMRobertson Agreement No. 5@5V18 Recreational Surfaces .Pt„^Wr°rte, F. A signed statement by an authorized official certifying that the surfacing system meets the requirements of ASTM F1292-17a for a head-first fall from the highest accessible portion of the specified playground equipment. G. A signed statement from the manufacturer of the poured in place surfacing attesting that all materials under this section shall be installed only by the Manufacturer's Trained Installers. H. A Certificate of Insurance shall be provided by manufacturer for poured in place surfacing for use as playground safety surfacing, covering general and product liability, of not less than $1,000,000 for each occurrence, $2,000,000 general aggregate, with an excess/umbrella liability of$25,000,000. The issuing underwrite shall be AA rated. I. IPEMA Certification mandatory 1.5 Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations. 1.6 Project Site Conditions: Poured in Place surfacing must be installed on a dry sub-surface, with no prospect of rain within the initial drying period, and within the recommend temperature range of the manufacturer. Installation in weather condition of extreme heat, cold (less than 55 degrees F), and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions orthis could affect the final surface look. 1.7 Sequencing and Scheduling: Poured in Place surfacing shall be installed after all playground equipment, shade structures, signs and any other items that will be within the surfacing area. Coordinate with General Contractor. 1.8 Surface installation coordinated by manufacturer representative, 1.9 Warranty: Poured in Place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship AND material for a limited five (5) year period or as specified and agreed upon per alternate contract. Warranty will be specific to maintenance requirements and performance standards of completed product. PART 2— PRODUCTS 2.1 Safety surfacing shall consist of both recycled and synthetic materials meeting the requirements of this specification. The type of safety surfacing shall be TotTurf®, manufactured and installed by TotTurf®, or it's Certified Installers. Telephone 800-858-0519. 2.2 Product Scope A. Poured in Place Surface: The poured in place surface shall consist of 100 percent recycled shredded tire material mixed with a polyurethane binder, then capped with either an EPDM, TPV an aliphatic binder or aromatic binder. 3 SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice IvMRobertson Agreement No. M9118 Recreational Surfaces PLAYCOM",- B. It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface. C. The type of safety surfacing shall be a poured-in-place system and shall be indicated on the drawings. 2.3 Cushion Layer Section A. Impact Attenuating Cushion Layer: Cushion Layer consists of recycled styrene butadiene rubber(SBR)adhered with a 100 percent solids polyurethane binder to form a resilient porous material. B. Strands of SBR may vary from 0.5 mm —2.0 mm in thickness by 3.0 mm —20 mm in length. C, Cushion material will have at least 10% SBR Ambient Crumb Rubber(5-9 Mesh) using sieve analysis ASTM D5644 and a fiber content of .1% or less mixed in. D. Foam or standard rubber granules are not to be permitted in Cushion Layer. E. Binder shall be between 10-14 percent of the total weight of the material, and shall provide 100 percent coating of the particles. F. The Cushion Layer shall be compatible with the Wear Course and must meet requirements herein for impact attenuation. 2.4 Wear Course A. Wear Course shall consist of Ethylene Propylene Diene Monomer (EPDM), Thermal Plastic Vulcanized (TPV)granules with polyurethane binder formulated to produce an even, uniform, seamless surface. Installation of surfacing shall be seamless(unless otherwise agreed upon by Owner) and completely bonded to concrete of asphalt subsurface. Material shall cover all foundations and fill around all elements penetrating the surface. B. EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and LIV stability. C. ASTM D2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. D. Size of EPDM granules shall be 1.5-4 mm across. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. E. TPV shall be angular granules with a (Shore A)hardness of 65°A±5 and particle size between 1-4mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. 4 SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice RiMRobertson Agreement No. 99M18 Recreational Surfaces PLAYCORE F. Thickness of Wear Course shall be a minimum 1/2 inch (12.7 mm). G. The Wear Course shall be porous. 2.5 BINDER A. No Toluene Diphenyl Isocyanate (TDI) shall be used. B. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. C. Weight of polyurethane shall be no less than 8.5 lbs. /gal (1.02 Kg/1) and no more than 9.5 lbs. /gal (1.14 Kg/1). D. Manufacturer is permitted to modify the type of urethane required to match extremeweather conditions. Substitutions must be equal to or exceed original quality. 2.6 TOT TURF ADVANTAGE (TPV) INSERTS A. TPV Insert—Thermal Plastic Vulcanized (TPV) angular granules with a (Shore A) hardness of 65° A t 5 and particle size between .5-1.5 mm shall be used. B. Thickness of the TPV Insert shall be '/2"—5/8"inch. C. TPV Insert shall be porous. D. Aromatic or Aliphatic urethane to be used as a binder. E. Location — TPV Insert to be installed under swings, swing bays, slide exits. Customer to approve location of wear mat inserts. F. Standard Color TPV .5-1.5mm to be used. Colors include four standard colors: Terra Cotta Red, Blue, Green, and Beige. G. Size: Swing bay use locations shall have TPV Inserts inclusive of all outside bay structure poles. Singular swings and slide exits shall be 4'x4'x1/2" in thickness. 2.7 MATERIALS A. Wear Course—EPDM Granules Manufacturer: Ultimate RB and NH Rubber Products As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area s SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice iaMRobertson Agreement No. 5b%4018 Recreational Surfaces .11:3L^YC(>4c B. Cushion Layer—TotTurf° Shredded SBR As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area C. Binder—Aromatic VORAMER MR Products Manufacturer: DOW Chemical As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area D. Binder—Aliphatic Urethane Premium, Non-Ambering Manufacturer: Acella Polyurethane Systems As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area PART 3— EXECUTION 3.1 SITE PREPARATION (OWNER OR OWNERS REPRESENTATIVE SHALL) A. Finished Grade/Slope: Verify that finished elevations or adjacent areas are as indicated on the architectural or site plans, that the appropriate sub-grade elevation has been established for the particular safety surface to be installed, and that the subsurface has been installed per architectural, site or equipment plans while meeting accessibility and use zones requirements. B. Aggregate Sub Base: Tolerance of aggregate sub base shall be with 3/8" inch (10mm) in 10' ft. (3050 mm).Verify that aggregate sub base has been fully compacted. Per ADA Guidelines: compacted Aggregate sub base — 4" inches of %" inch minus irregular stone with fines compacted to 95% percent in 2" inch watered lifts. C. Concrete Sub Base: Tolerance of concrete or bituminous sub base shall be with 1/8" inch (3.0 mm) in 10'feet (3050 mm). Per ADA Guidelines: Concrete a minimum of 3' —4' inches at a minimum 2500 PSI. Concrete must cure for 7 days prior to application of cushion layer. Concrete must cure 28 days if wear course is to be applied directly to concrete surface. If Poured in Place surfacing is installed, verify that the Concrete Sub Base has cured (all areas appear white in color usually at 7 days) and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry. D. Asphalt Sub Base: Asphalt cure time requires 14 days. Once the new asphalt has cured, it must be pressure washed prior to the surfacing being installed. The contractor shall be responsible for flooding the pad to ensure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to the arrival of our installation crews. E. Drainage: Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. 6 SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice IaMRobertson Agreement No. 5UGp18 Recreational Surfaces 3.2 INSTALLATION A. Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installation of surfacing shall be seamless up to2,000 square feet per day and completely bonded to concrete of sub base. Material shall cover all foundations and fill around all elements penetrating the surface. B. Cushion Layer: Whenever practical, cushion layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam (see detail) and fully coat the step of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new cushion layer can be placed before the adhesive dries. C. Wear Course: Wear Course must be either quality peroxide cured EPDM, TPV or Treated SBR granules. Wear surface shall be bonded to Cushion Layer. If necessary, additional primer will be used between the cushion layer and Wear Course. Apply adhesive to Cushion Layer in small quantities allowing the Wear Course to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even finish. Except continuous and seamless up to 2,000 square feet per day(contact sales representative for seamless in excess of 2,000 square feet). Where seams are required due to color change, size or adverse weather, a step configuration will be constructed to maintain Wear Course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a top coat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with owners written approval seams may be permitted in same color pad. Consult with manufacturer for specific applications. D. Perimeter: For installations over existing concrete, the perimeter must be saw cut to provide a keyway 1" inch deep x 1" inch wide, or formed during the pour, with surfacing rolled down into the void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or border,the inside vertical edge shall be primed with adhesive and the final 2" inches of the cushion layer shall be tapered to allow the wear surface material to be 1.5" —2"thick where it joins the concrete . E. Asphalt: When installing over new asphalt, a curb or other type of border is recommended around the entire pad to separate the new surface from other ground materials. Primer adhesive must be applied to the inside vertical edge of the border before poured in place surface installation. F. Asphalt: When installing over existing asphalt, a key way cut of 1" inch deep by 1" inch side for the poured in place to taper into and terminate with required ADA slope. G. Thickness: Construction methods such as the use of measured screeds or guides shall be employed to ensure that the full depth of specified surfacing material is installed. Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein. 7 SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice Robertson Agreement No. 9VP018 Recreational Surfaces H. Clean Up: Manufacturer installers shall work to minimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned. 1. Protection: The safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions.The surface shall be protected by the owner from all traffic during{ the curino period of 48 hours or as instructed by the Manufacturer. J. Manufacturer Services: For poured in place safety surfacing, a manufacturer's representative who is experienced in the installation of playground safety surfacing shall be provided. The representative shall supervise the installation to ensure that the system meets the impact attenuation requirements as specified herein. 3.3 SITE AREA CLEAN UP A. The site shall be kept clean and free of tools, trash, and debris and installation materials on a daily basis. Products may be stored on site during installation with appropriate protective measures and approval by the Owner's representative. END OF SECTION SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING Safety Surfacing for Playgrounds:Robertson recreational Surfaces,A PLAYCORE Company Copyright 2017,All rights reserved.All information contained within is subject to change without notice Agreement No. 5657 k„ W ELS106"UN 4-CKNIT_9HNIAMIIA. 1917-2917 January 23, 2019 ADDENDUM NO. 2 to THE CONTRACT DOCUMENTS, SPECIFICATIONS AND PLANS for HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 ATTENTION BIDDERS: The following additions, modifications, and clarifications to the specifications shall be included in, and become a part of, any contract which may be executed for the above project in the City of El Segundo: 1. The bid due date and time is still Tuesday, January 29,2019, at 11:00 am. 2. The following substitution requests were received on or prior to January 20th, 2019: a. Play& Park Structures, Sun Country Systems—The City has reviewed all of the documents received and determined that the product is not acceptable as a base bid substitute product. Although the materials and design appear to be similar, it was found that the post dimensions and clamp system were not consistent with the GameTime product, among various other design elements. b. Gotham Poured Rubber Playground Safety Surfacing — The City has reviewed all of the documents received and determined that the product is not acceptable as a base bid substitute product. Warranty information and depths of materials were not consistent with base bid specifications. As evidence that the BIDDER has read this Addendum, the BIDDER must acknowledge same in the space provided below and submit this Addendum with the Bid Proposal. Failure to provide such acknowledgement shall render the bid as non-responsive and subject to rejection. Signature: Date: Print Company Name: Page 1 of 1 350 Main Street,El Segundo, CA 90245-3895 (310) 524-2300 Fax(310)640-0489 Agreement No. 5657 FAITHFUL PERFORMANCE BOND HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Bond No. 1001097138 Bond Fee: $3,029 R.E. Schultz Construction, 'Inc. as principal ("PRINCIPAL") and U-S'' Spe'c'ialty '.Insurance Company , acorporation incorporated under the laws of the State of Texas and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of One hundred thirty-five thousand. two hundred ninety-four Dollars ($135.294. 1(1), 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 18-33, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof,to the satisfaction of any damages,reclamation,assessments,penalties,or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 18-33, 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 18-33) 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. 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. Agreement No. 5657 Bond No. 1001097138 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 18-33 or-of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of`time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has,that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Agreement No. 5657 Bond No. 1001097138 SIGNED AND SEALED this 6th day of March 2019 R.E. Schultz Construction, Inc. U.S. Specialty urance Company 6 PCIPAL' 7MENt SURETY Blake A Pfister, _ Attorney-in-fact kINCIPAL's SECT A ' PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: R.E. Schultz Construction, Inc. U.S. Specialty Insurance Company 1767 N Batavia 80:1. S Figueroa St #700 Orange, CA 92865 Los Angeles, CA 90017 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1)original to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance of the job. Agreement No. 5657 CAUIFORNIA ALL4PIII "KNO llllI1111111111T CML CODE§1159 nidi mawG A nI or q#w offI ccmpWqi'this Certificate verities only the identity of the individual Who Signed the documt to Which this certifloo Is attached,and not the truftftw,accuracy,or validity of that document. State of Califonrn�i=a � 'F7 of OrancrP_. ) Public on March6,, 201,. befOrem@, Lianne Nahina, Notary Date Here Insert Name and TWO of the Officer Personally appeared f i s t e r Slake A. . P .. Narrre(S)of Signer(s) who proved to nye on the basis of satisfactory eviderw to be the (4) ) isI subscribed to in instrument and acknowledged to me that he/ execirted the same in hiss auftwized capacKY90,and that by hWW*~souftneo on the insbument the personft or theentity upon beW of which the persoro acted,exemded the instrument. I PENALTY OF PERJURY under the laws of the State of California that the foregoing paragrapb Is true and correct. WITNESS my hand and official seal. Sign d."ray LIANNE NAHINA Signature of Notary Public s COMM. #2134629 ;. NOTARY PUBLIC-CALIFORNIA X M ORANGE COUNTY N r.r MY COMM.EXP.DEC 5,2019 Place Notary See/Above O Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descrilption Of A Bond Tine or Type of Document Document Date; 9 1001097138 , March 6, ,201 Number of Pages: Signer(s) Other Than Named Above: N/A N,2&q C )Clakned by s) Signer's Name: Blake A. P f„i,s t e r Signer's Name: ®Corporate Officer— Title(s): 0 Corporate Officer — Title(s): 0 Partner— ®Limited ®lien” 0!Partner — ®Limited O General J Individual ®Attorney in Fact 0 Individual 0 Attorney in Fact 0 Tnistee ®Guardian or Conservator 0 Thstm O Guardian or Conservator ®Other. ® Other. Signer rIs Representing: U.S. .Salty g • Signer Is Representing: Insuxwlwwwwaw�swaww wwaar�ww�waw+l�wuu�.�ww�a+aa�w,�m w�awm+ +wuu�awa>ww�ww,awwuawuaaaawwwm+wwwwvawm�wwra' d wuaa,waaa,,,�ww�a+wu�quw� w�rruewwwwdadw�aba�ww�., 02014 National Notary Association-www.NafonWNotary.org•1-800-US NOTARY(14KC-878-6827) Item#5907 TOK10MARINE Agreement No. 5657 HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING;COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANM 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,a M aryland 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, recogniz-an,ces, undertakings or other Instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *'***Five MilliorilDollars ( *'**$5.000,000.00*"* ).This Power of Attorney shall expire without further action on April 23rd,2022.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 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 suitabte persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Altomay-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 and alt bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and ail consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating 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 seated and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and,seat 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 15t day of June,2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED S' SURET')(C"PANY A ECIAL YmIN§URANCE COMPANY Stat- eof California 4§2 County of Los Angeles By: e Daniel P.Aguilar,Vice President A Notary Public or other officer completing this cartificate 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 On this 191 day of June,2018, before me, Sonia O. Carrejo,a notary public, 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. 1 1, :,1, WITNESS my hand and official seal, I6S.1111,11,18U`HA EJO Callfornfe County r edIAall 223V479 Signature (seal) My Comm.EA09 os Apq 87, 2 a N-1 — V%F i I 11 1 1 0,I 1, Kip Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding!: Company, United States -Surety Company and U.S.Specialty Insurance,Company,do hereby certify that the above and foregoing is a true and correctcopy of'a Power of Attorney, executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Boards7of Directors,- set out in the Power of Attorney are in full force and effect. In Witness Whereof I have hereunto set rn�hand and affixed the seals of said Companies at Los Angeles, California this 6th day of March 019 47 Corporate Seals 40t--19 "S Bond No, 1001097138 U4, V Agency No. 3074 k +rr° "' C.w °'. �,, aa ' n ..,,. ,..,a. yq „+" .,,.r°a Kip Lo, A ss, story HCCSMANPOAM2018, It,timll(cc.corril I I I'" I'll I C;111 Agreement No. 5657 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document U to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. � U _ / State of Cali fomia County of Orange � On March 21' 3O19 before me, Linda Mackey, Notary Public . Dote Here Insert Name and Title ofthe Officer personally appeared Richard Schultz Nome($ofSigne*s) --' who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/am subscribed tothe within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacdyUe$, and that by hio/ha:/theirsignatuve(s)on the instrument the person(s), or the entity upon behalf of which the person(s)octed, executed the instrument. | certify under PENALTY OFPERJURY under the laws ofthe State nfCalifornia that the foregoing umu«M^m"` paragraph is true and correct. womryPoNic-onmmu «m'geo*»tyor� WITNESS cia| soa|� mm�uoon�zu^ �� My Comm.Expires Oct 11,2021 � � "m1111°M`° L1^m,14 104 w Signature Place Notary Seo/ondlorStamp Above Signature of OPTIONAL Completing this information can deter alteration ofthe document or fraudulent reattachment ufthis form toonunintended document. � Description ufAttached Document paithfu| pe�ormancenondNo 1001097138 Tit|eorTypeofDocument� � Document Date: March 6' 2019 NumborofPages: 3 Signer(s) Other Than Named Above: 1N/A Copaclty(ies) Claimed by Signer(s) Signer's Name: Richard Schultz Signer's Name: X Corporate Officer—Title(s): President o Corporate Officer— Tide(s): o Partner— o Limited o General o Portner— o Limited o General o Individual o Attorney in Fact o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator 11 Other: 11 Other: Signer isRepresenting: Signer isRepresenting: - __ ___ __ ____ _ C2018 National Notary Association Agreement No. 5657 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 An� N �rypub|icorher��cercomp|pLingthiscerU�coteveh�esnn�Mheiden�yo[theindi�dua|*hosigneddhedocumemL � U 0owhich this ce �cu0eisaUached.and not the tm�� accuracy, U U _ U State of California County of Orange � On March 21~ 2O1S before me, Linda Mackey, Notary Public . Date Here Insert Name and Title ofthe Officer personally appeared Richard Schultz Nome($ofSigner(s) ' who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/any subscribed to the within instrument and acknowledged to me that heshe/theyexecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf ofwhich the person(s)octed, executed the instrument. | certify under PENALTY OFPERJURY under the laws ofthe State ofCalifornia that the foregoing LINDA MACKEY paragraph iytrue and correct. Notary Public --California VV|TNE35myhandandof�de| sea| orangeu,umv . Commission#z213u/z My Comm.Expires Oct 11,2021 � Signature Place Notary Seal andlo,Stomp Above Signature of Notary Pu%l u - OPTIONAL Completing this information can deter alteration ofthe document or fraudulent reattachment ofthis form toonunintended document Description nfAttached Document Title nrType ofDocument: Faithful Performance Bond No. 1001097138 DocumentDate: March 6' ZO19 Number of Pages: 2 Signer(s) Other Than Named Above: N/A Capacity(ieo) Claimed by Signer(s) Signer's Name: Richard Schultz _ Signer's Name: � X Corporate Officer—Title(s): Secretary o Corporate Officer—Tit|e(s): o Partnor— o Limited o General o Partner— o Limited o General El Individual o Attorney in Fact o Individual o Attorney in Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator 11 Other: oC)thec Signer|sRepresenting: Signer ioRepresenting .................----..................._ _____ ____ (02018 National Notary Association A091?9921o. 5657 Certificate of Amendment FILED Of Articles of Incorporation Secretary of State State of California The undersigned certify that: JAN 0 7 2016 1. They are the President and the Secretary, respectively, of RES ENTERPRISES, INC., a California corporation. 2. Article 1. of the Articles of Incorporation of this corporation is amended to read as follows: The name of the corooration is: R.E.Schultz Constructionjnc. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The corporation has issued no shares. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: J'O-,/) 5, 2-01 j� Richard Schultz,kPresi nt Richard Schultz Secret Senders Contact Information: Richard Schultz 2914 E.Katella Ave#102 Orange CA 92867 714-649-2627 Entity#C3779421 Agreement Na. 5657 S ntnoby certify I ft, fay trig transulpt of ogo(s) is as W.Uve and Corred copy of ihe d Ai Odginai rewrtl m the,,�xistody of tm r"aflforvfa Sao:woty Ol Slale's offlre, JAN 19 2016 ALEY Vl4f 10"'A' Agreement No. 5657 • PROPERTY RECORDS HUGH NGUYEN BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS �N,illllll PASSPORTS FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES ( 1::,RT1f 1C:"A" E OF ADMI'1`71'1:1) SURIITY INSURER Certificate pursuant to 995.640(a) Code of Civil Procedure State of California County of Orange I, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT U.S. Sraccialty .Insurance C(.aaaamaa y has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 22nd day of March, 2019. ,��,a Mme.,�•, Ht g17 Nguyen, Orange County Clerk-Re coacl ,y �r ,npwer adia Al Obaidi, Deputy Clerk-Recorded Iry NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 4 FAX (714) 834-2675 • WWW.00RECORDER.COM • WWW.00ARCHIVES.COM Agreement No. 5657 LABOR AND MATERIALS BOND HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Bond No. 1001097138 Bond Fee: Included in Performance Bond R.E. Schultz Construction, Inc. as principal ("PRINCIPAL") and 0'.S• Specialty Insurance Company acorporation incorporated under the laws of the State of Texas and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of One hundred thirty- five thousand.two hundred ninety-four Dollars($135,294.00),,294.00), 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 HOLLY VALLEY PLAYGROUND PROJECT,SPECIFICAT'ION.S NO.PW 1.8-33("Public Project"),the public works contract executed for such Public Project, and for all work or labor of any kind performed for.the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 18-33, 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. PW 18-33),which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment Bond No. 1001A bT nent No. 5657 used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with --'.'. applicable law including, without limitation,the El Segundo Municipal Code (`SSMC"). 5. SURETY,for value received, agrees that no changes,extensions of time, alteration or modification of SPECIFICATIONS NO. PW 18-33, 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] Bond No. 1001 Amment No. 5657 SIGNED AND SEALED this 6th day of March 2019 PRINCIPAL 's PRES11) SURETY" Blake A Pfister, Attorney-in-fact PRINCIPAL's SECRJTA4:�J PRINCIPAL'S MAILING SURETY's MAILING ADDRESS: ADDRESS: R.E. Schultz Construction, Inc. U.S. Specialty Insurance Company 1767 N Batavia 801 S Figueroa St #700 Orange, CA 92865 Los Angeles, CA 90017 NOTE: (1) 1 ALL signatures must be acknowledged by a notary public. Return one(1)original to City Clerk's Office. (2) Bond shall be effective for one(1)year after acceptance of the job. Agreement No. 5657 CAL111110MM ALL4RURPOW ACKNOWLEDWOff CML CODE$1189 A notary j wI*awN'q#w axrr this certificate vewtlies only the Identity of the individual who signed the downeM tD is Waclwd,and M the trutilflJl wo,a=ffwy,Or vaUty of that dOGmunt. State of California ) COUnty Of 0, ranq? On March 6, 2019 beforeme, Lianne Nahina, Notary Public , Date Mere Insert Name and Title of the Officer ply appeared Blake A. Pfister Names)of Slgnw(s) who proved to me on the basis of satisfactM evidence to be the n( ) Isv`A* subscribed to the, within Instrument and acknowledgedto me that executed the same In h8b+1IU' YA authorized capackyW,and that by WNPOW signaWrep on the Instrument the WWM, or the entityupon behalf of which Ow persoro acted,executed the Wm t►ument. 11 certify under PENALTY OF PERJURY under the laws of the Stow of California that ft foregoing paragraph Is true and correct. - WITNESS my hand and official seal. Signature of Notary Public LIANNE NAHINA V COMM.#2134629;0 T) ' a NOTARY PUBLIC-CALIFORNIA X ORANGE COUNTY N �,,,, MY COMM.EXP.DEC 5,2019 Place NotarySeal Above „ 11 1 OMOML Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document De on of Aftched Domywmt Title or Type of pOCUMW* Bond 1001097138 Document pate; 019 March 6, 2 Number of Pages: .,. Signer(s) Other Than Named Above: N 1 A, None . Capacity0do min"by SIII;pwro Signer's Name: Blake A. Pfister Signer's Name: --- ---- ®Corporate Officer— Title(s): ®Corporate Officer — Title(s): C3 Partner — ®Limited 0 General ®Partner — ®Limited O General ®Individual . ®Attorney in Fact ®Individual 0 Attorney in Fact 0 Trustee ®Guardian or Conservator 0 Tnrstee O Guardian or Conservator ®Other: D Other. Signer is Rcr U.S. Specialty Signer Is Representing: aynsuran� Comi M 4 'u,MWiM,diIWWNWiNi.WWWiId4Yi4i�WilW�diWdk,'I�1, 4'IMYM�WWAY�'�IW�M'1W,id'ri4d4MW 41,I�YWfIWM4^ltl�H'�,�,+%py�uBUWh�W(++e 02014 National Notary Association-www.NationWNotary.org-1-800-US NOTARY(14500-876.6827) Item#5907 TOKIOMARINE Agreement No. 5657 _CC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY 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, a M aryland 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 Attomey(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 (_""" 2.000,000,00` ),This Power of Attorney shall expire without further action on April 231d,2022.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 Resolved,that the President,any Vice-President,any Assistant Vice-president,any,Secretary or any Assistant Secret"shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(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 and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereonder�and any,such Instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seat 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 1 st day of June,2018, AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STA ..SURE1,J,4O#4PANY A &§ TY URA NCE f'C1)$ �,IN§U NCE COMPANY State of California County of Los Angeles K...16,1". 4, By: IIAOIAO Daniel P.Aguilar,Vice President 0� e A Notary Public or other officer completing this cerfiricale verifies only the identify of the individual who signed the document to which this certificate is attached, and not the huthfulness, accuracy, or validity of that document On this 1st day of June,2018, before me, Sonia O. Carrejo,a notary public, 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 t0e:person acted'',executed the instrument. I certify under PENALTY OF PERJURY under1he laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, NOON pub3c-CAWWWA 1ZA11,P10 County I . 4.,210479 Signature (seal) 0AY C"m EAPP"AP,li),10 ti 1, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, 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',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 6.th day of March 2019 Corporate Seals % CoN, 91 Bond No, 1001097138 J Agency No. 3074 Kio Lo, Assi&secretary moo '1101 100 visit,Imiricc.com/suirety for,rrv,,&ir16 Agreement No. 5657 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §11@9 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document | mw�ichth�ce��ca0eisa�ached.ondnoLtho�u��|ness.00u�c�orva|iddyofthatdocumenL � | '' ___ � State ofCalifornia County of Orange � On March 3l' 2O19 before me, Linda Mackey, Notary Public . Date Here Insert Name and Title ofthe Officer personally appeared Richard Schultz Nome(s)ofS/gne4$ ` who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed tuthe within instrument and acknowledged to methat he/she/theyexecuted the same in his/her/their authorized capacity(ies), and that by his/hec/theirxignoture(s) on the instrument the porsun(s), or the entity upon behalf ofwhich the person(s)octed, executed the instrument. | certify under PENALTY OFPERJURY under the uwoAwwcxc' laws ofthe State ofCalifornia that the foregoing Notary Public California paragraph istrue and correct. orange County commission wzz13u,2 My mm� cxn/m,ou11'2021 � VViTNESSmyhand and uf5da| seal. �,^. _._. Signature `^~ /��`~~-- - �ocewouon,Seal on�orStamp Above Signature o�/Vo�o(yPub 8� --� ---- OPTIONAL Completing this information can deter alteration ofthe document or fraudulent reattachment o/this form toonunintended document. Description ofAttached Document Labor and 1001097138 Ti�|oorTypeofDocumon�� Document Date: March 6, 3O1g NumbermfPoges: 3 5ignor(s) Other Than Named Above: ___1V/A � Capadty(ies) Claimed bySigne,(s) Signer's Nam*: Richard Schultz Signer's Name: Corporate Officer—Tit|e(s): President o Corporate Officer—Tit|e(s): _........... .... o Partner— o Limited o General o Pertner— o Limited o General El Individual o Attorney in Fact o Individual o Attorney in Fact o Trustee o Guardian orConservator o Trustee o Guardian orConservator L3 Other: oOthec Signer|sRepresenting: _-__- Signer isRepresenting: _................__.......... 02018 National Notary Association Agreement No. 5657 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §118g _ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document U towhich this certificate isattached,and not the truthfulness,accuracy,orvalidity ofthat document. h � U State of California County of Orange � On March 21' 2O19 before me, Linda Mackey, Notary Public ' Dote Here Insert Name and Title ufthe Officer personally appeared Richard Schultz Nome(dofSigner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/one subscribed tothe within instrument and acknowledged to me that he/she/theyexecuted the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)octed,executed the instrument. | certify under PENALTY OFPERJURY under the LINDAMACKEY laws ofthe State ofCalifornia that the foregoing Notary Public-California paragraph is true and correct. Orange mumv Commission 0000/x WITNESS myhand and official seal. My Comm.Expires Oct 11'uu/1 � Signature Place Notary Seal ono*, Stomp Above Signature ofNotary Pudic — OPTIONAL -- Comp/etingthis/nhonnotioncondeteroltenzbonofthedocumentor fraudulent reattachment ofthis form toonunintended document. Description of Attached Document � Title or Type of Document: Labor and Materials Bond No. 1001097138 � Document Date: March 6' %Ul9 Number ofPages: 3 � Signer(s) Other Than Named Above:_N/A Capacity(iey) Claimed bySi (o) Signer's Name: Richard Schultz Signer's Name: )� Corporate Officer–Title(s), Secretary o Corporate Officer–Tit|e(s): o Partner– o Limited o General o Partner– o Limited o General o Individual o Attorney in Fact o Individual o Attorney in Fact El Trustee o Guardian or Conservator o Trustee o Guardian or Conservator El Other: oOthec Signer isRepresenting: Signer isRepnesendng� - ..................... _ C2018 National Notary Association A Oql"52 lo. 5657 Certificate of Amendment FILED Of Articles of Incorporation Secretary of State State of California The undersigned certify that: (Z' JAN 01 2016 1. They are the President and the Secretary, respectively, of RE5 ENTERPRISES, INC., a California corporation. 2. Article 1. of the Articles of Incorporation of this corporation is amended to read as follows: The name of the corporation is: R.E.Schultz ConstructionJnc. 3. The foregoing amendment of Articles of Incorporation has been duly approved by the board of directors. 4. The corporation has issued no shares. We further declare under penalty of perjury under the laws of the State of California that the matters set forth in this certificate are true and correct of our own knowledge. DATE: 10-fl 5, 2�01 to Richard Schultz, Presi nt Richard Schultz Secret Senders Contact Information: Richard Schultz 2914 E.Katella Ave#102 Orange CA 92867 714-649-2627 Entity#03779421 Agreement Na. 5657 i Mereby WiVy th6i the 1,oregong trallsaipt of ,page(s) m a tuo,uue and wreo copy ot the 06giniM record 4)the,�Usjody of thl,� Catifonlia setwily of sistris JAN 19 20'16 ALEX ArMjj,%,sec"Ot""'wy of State Agreement No. 5657 wu PROPERTY RECORDSHUVH NJTY N BIRTH AND DEATH RECORDS • CLERK-RECORDER MARRIAGE LICENSES/RECORDS PASSPORTS ry "" FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange 1, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT LW .S. Specialty Insm—amncc :.'ojnj)anN° has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 22nd day of March, 2019. HILI x11 Nguyen, Orange County Clerk-Re dcr p ....adia AlObaidi, Deputy Clerk- d��au NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLER TON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (7 14) 834-2500 ♦ FAX (714) 834-2675 • WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 5657 CITY OF EL SEGUNDO CONTRACT DOCUMENTS PLANS & SPECIFICATIONS FOR FOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 350 MAIN STREET EL SEGUNDO, CA 90245 310-524-2300 http://www.elsegundo.org/depts/works/bids rfps.asp http://www.elsegundo.org/depts/works/proj ect_request_contact_form.asp MANDATORY PRE-BID MEETING TUESDAY, JANUARY 15, 2019 AT 10:00 AM AT HOLLY VALLEY PARK IN THE CITY OF EL SEGUNDO BIDrS DUE TUESDAY, JANUARY 29, 2019 AT 11:00 AM I Agreement No. 5657 BIDS WILL BE RECEIVED UP TO THE HOUR OF 11:00 A.M. TUESDAY, JANUARY 29, 2019 IN THE OFFICE OF THE CITY CLERK CITY HALL 350 MAIN STREET EL SEGUNDO, CALIFORNIA 90245 AT WHICH TIME THEY WILL BE PUBLICLY OPENED a Agreement No. 5657 SPECIAL INSTRUCTIONS TO CONTRACTORS Contractors are required to review section 7-3 of the STANDARD SPECIFICATIONS, pages II-B-24 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. 5657 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-6 C. PROPOSAL I-C-1 TO C-17 1. PROPOSAL, FIRST PAGE I-C-1 2. BID SCHEDULES I-C-3a a. BASE BID I-C-3a 3. BIDDER'S INFORMATION I-C-4 4. BIDDER AND NOTARIAL ACKNOWLEDGEMENT I-C-6 5. PROPOSAL GUARANTEE BID BOND I-C-7 6. CONTRACTOR'S LICENSE DECLARATION I-C-8 7. NON-COLLUSION DECLARATION I-C-9 8. WORKER'S COMPENSATION CERTIFICATION I-C-10 9. DESIGNATION OF SUBCONTRACTORS I-C-11 10. REFERENCES I-C-12 11. BIDDER'S STATEMENT OF PAST DISQUALIFICATIONS I-C-15 11. INSURANCE REQUIREMENTS I-C-16 D. CITY OF EL SEGUNDO PUBLIC WORKS CONTRACT I-D-1 TO D-5 E. FAITHFUL PERFORMANCE BOND I-E-1 TO E-3 F. MATERIAL AND LABOR BOND I-F-1 TO F-3 W. Agreement No. 5657 SECTION II-GENERAL REQUIREMENTS PAGE A. GENERAL SPECIFICATIONS II-A-I TO A-2 I. REGISTRATION OF CONTRACTORS II-A-1 2. INSURANCE AND CITY BUSINESS LICENSE II-A-1 3. EMERGENCY INFORMATION II-A-1 4. FURNISHING OF WATER II-A-1 5. CALIFORNIA-OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION II-A-1 6. SOUND CONTROL II-A-2 7. AIR POLLUTION CONTROL II-A-2 8. WORKER UNIFORMS II-A-2 B. GENERAL PROVISIONS II-13-1 TO B-34 0-0 STANDARD'SPECIFICATIONS II-13-1 0-1 GENERAL II-13-1 0-2 NUMBERING OF SECTIONS II-B-1 1-2 DEFINITIONS II-B-I 1-2.1 ADDITIONAL DEFINITIONS II-13-1 1-3 ABBREVIATIONS II-B-2 2-0 SCOPE AND CONTROL OF WORK II-B-2 2-1.1 ACCESS TO PROJECT SITE II-B-2 2-1.2 OWNERSHIP AND USE OF CONTRACT II-B-3 DOCUMENTS 2-3 SUBCONTRACTS II-13-3 2-3.1 GENERAL II-13-3 2-3.2 ADDITIONAL RESPONSIBILITY II-B-4 2-4 CONTRACT BONDS II-B-4 2-5 PLANS AND SPECIFICATIONS II-13-4 2-5.1 GENERAL II-B-4 2-5.2 PRECEDENCE OF CONTRACT DOCUMENTS II-B-5 2-5.5 ACCURACY OF PLANS AND SPECIFICATIONS II-B-5 2-8 RIGHT-OF-WAY II-13-6 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES II-B-6 2-9 SURVEYING II-B-6 2-9.3 SURVEY SERVICE II-13-6 2-9.3.1 CONSTRUCTION SURVEYING II-B-6 2-9.3.2 MEASUREMENT AND PAYMENT II-B-7 3-3.2.2 BASIS FOR ESTABLISHING COSTS II-B-7 3-3.2.3 MARK UP II-B-7 r i. Agreement No. 5657 SECTION II—GENERAL REQUIREMENTS (Continued) PAGE 3-3.3 DAILY REPORTS BY CONTRACTOR II-B-8 3-4 CHANGED CONDITIONS II-B-8 3-5 DISPUTED WORK I1-B-9 4-1.3 INSPECTION REQUIREMENTS II-B-9 4-1.3.1 GENERAL II-B-9 4-1.3.2 INSPECTION OF MATERIALS NOT II-B-10 PRODUCED LOCALLY 4-1.6 TRADE NAMES OR EQUALS 11-B-10 5-2 PROTECTION II-B-10 5-2.1 INCORRECT LOCATION OF UTILITIES II-B-10 5-4 RELOCATION II-B-10 5-4.1 RESPONSIBILITY OF UTILITY REMOVAL II-B-11 OR RELOCATION 5-5 DELAYS II-B-11 5-5.1 CALCULATING IDLE TIME 11-B-11 6-1 CONSTRUCTION SCHEDULE AND II-B-11 COMMENCEMENT OF WORK 6-1.1 CONTRACT SCHEDULE 11-B-11 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-13 6-4 DEFAULT BY CONTRACTOR II-B-13 6-4.1 GENERAL II-B-13 6-4.2 TERMINATION OF CONTRACTOR'S 11-B-13 CONTROL OVER THE WORK 6-4.3 SURETY'S ASSUMPTION OF CONTROL II-B-14 6-6 DELAYS AND EXTENSIONS OF TIME II-B-14 6-6.1 GENERAL II-B-15 6-6.2 EXTENSION OF TIME I1-B-15 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR II-B-15 6-6.4 WRITTEN NOTICE AND REPORT II-B-15 6-7.2 WORK DAYS AND WORKING HOURS II-B-16 6-7.4 NIGHT WORK II-B-16 6-7.5 WEEKEND AND HOLIDAY WORK II-B-17 6-8 COMPLETION AND ACCEPTANCE 11-B-17 6-8.1 GENERAL GUARANTY II-B-17 6-9 LIQUIDATED DAMAGES II-B-17 6-9.1 FAILURE TO COMPLETE WORK ON TIME II-B-17 6-11 DISPUTES AND CLAIMS; PROCEDURE II-B-18 6-11.1 GENERAL I1-B-18 6-11.2 FORM II-B-18 iii Agreement No. 5657 SECTION II—GENERAL REQUIREMENTS (Continued) PAGE 6-11.3 CLAIMS SUBMITTED TO ENGINEER 11-B-20 6-11.4 CLAIMS IS PREREQUISITE TO OTHER REMEDY 11-B-20 6-11.5 DECISION ON CLAIMS 1I-B-20 6-11.6 APPEAL OF ENGINEER'S DECISION 11-B-21 6-11.7 MEDIATION 11-B-21 6-11.8 ARBITRATION 11-B-21 6-11.9 WHEN ARBITRATION DECISION BECOMES 11-B-22 BINDING 6-11.1OAPPEAL TO SUPERIOR COURT; WAIVER II-B-22 OF JURY TRIAL 7-2 LABOR II-B-22 7-2.3 PREVAILING WAGES 11-B-22 7-2.4 RECORD OF WAGES PAID; INSPECTION 11-B-23 7-3 LIABILITY INSURANCE 11-B-23 7-3.1 GENERAL 11-B-24 7-3.2 INDEMNIFICATION AND DEFENSE 11-B-26 7-5 PERMITS II-B-27 7-8.1 CLEAN UP AND DUST CONTROL II-B-27 7-8.1.1 GENERAL II-B-27 7-8.1.2 WATERING 11-B-28 7-8.6 WATER POLLUTION CONTROL 11-B-28 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 11-B-29 7-10 PUBLIC CONVENIENCE AND SAFETY II-B-29 7-10.1 TRAFFIC AND ACCESS 11-B-29 7-10.2 STREET CLOSURES, DETOURS, BARRICADES II-B-30 7-10.5 PROTECTION OF THE PUBLIC 11-B-30 7-15 HAZARDOUS MATERIAL II-B-31 9-2 LUMP SUM WORK 11-B-32 9-3.2 PARTIAL AND FINAL PAYMENTS 11-B-32 9.3.3 DELIVERED MATERIALS II-B-33 100-1 TERMINATION OF AGENCY LIABILITY 11-B-34 IV Agreement No. 5657 SECTION III—SPECIAL PROVISIONS PAGE 1-0 GENERAL SCOPE, TIME FOR COMPLETION AND LOCATION OF WORK III-A-1 2-0. NOTIFICATIONS III-A-2 3-0. STANDARDS III-A-3 4-0. EXAMINATION OF JOB SITE III-A-3 5-0. INSPECTION III-A-3 6-0. USE OF PRIVATE PROPERTY III-A-3 7-0. STORAGE OF MATERIALS AND EQUIPMENT III-A-4 8-0. CENTERLINE TIES III-A-4 9-0. QUALITY ASSURANCE III-A-4 SECTION IV— MEASUREMENT AND PAYMENT SECTION V— TECHNICAL SPECIFICATIONS v Agreement No. 5657 NOTICE INVITING SEALED BIDS FOR THE HOLLY VALLEY PLAYGROUND PROJECT IN THE CITY OF EL SEGUNDO PROJECT NO.: PW 18-33 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,JANUARY 29,2019 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 the furnishing all labor,materials,equipment,and services,and performing all work necessary for the removal of the existing Holly Valley Park playground equipment and sand surface and replacing with new playground equipment and poured-in-place rubber playground surface and related work as shown on the plans on file with the City's Public Works Department. The work will take place within the Holly Valley Park limits,near the intersection of Holly Avenue and Valley Street in El Segundo CA, 90245. Work on the Project must be performed in strict conformity with Specifications No.PW 18-33: Holly Valley Playground Project 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 pre-bid meeting is scheduled for Tuesday, January 15, 2019, at 10:00 am, at the Holly Valley Park near the intersection of Holly Avenue and Valley Street in the City of El Segundo, El Segundo, CA 90245. Bidders' attendance at this meeting is mandatory. Questions regarding the bid shall be submitted by 5:00 pm on Tuesday, January 22, 2019 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 job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit,Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov. I-A-1 Agreement No. 5657 Note that the Project is subject to compliance monitoring and enforcement by California Department of Industrial Relations.Pursuant to California law,the City must find bids failing to comply with all applicable Labor Code requirements including,without limitation,Labor Code §§ 1725.5 and 1771.4 to be nonresponsive. The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment,as set forth in Executive Order 11246 and 11375. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The City of El Segundo hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national origin,ancestry,sex,or religion in any consideration leading to the award of contract. Prevailing Wage: Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wage rates,the higher of the two will prevail. 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 I-A-2 Agreement No. 5657 acknowledgment by the parties. Bids must be prepared on the approved Proposal forms in conformance with the Instructions to Bidders and submitted to the Public Works Department,350 Main Street,City of EI Segundo,in a sealed envelope plainly marked on the outside: "SEALED BIDS FOR PROJECT NO.: PW 18-33 HOLLY VALLEY PLAYGROUND PROJECT IN THE CITY OF EL SEGUNDO DO NOT OPEN WITH REGULAR MAIL" 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 Vclasses 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 520 CITY OF EL SEGUNDO, CALIFORNIA Tracy Weaver, City Clerk I-A-3 Agreement No. 5657 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 either(1)a specialty contractor"C"license in each such trade, (2) a General Engineering contractor "A" license, or (3) a General Building contractor"B" license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade. 2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the I-B-I Agreement No. 5657 Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action.Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted,the burden of proof to establish licensure or proper licensure is on the licensee. 2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents. 2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder's behalf. 2.8 Bidder is aware of and, if awarded the Contract,will comply with Applicable Code Requirements in its performance of the Work. 2.9 The Bidder has paid the City's business license fee(s) 2.10 The Bidder, per SB 854 requirements for public projects, has registered with and paid their annual fee to the California State Department of Industrial Relations. Information about SB 854 and its requirements can be found at this link: http://www.dir.ca.gov/Public-Works/SB854.html 3. BIDDING DOCUMENTS 3.1 Bidders may obtain complete sets of the Bidding Documents from the City's Public Works Department for the sum stated in the Notice for Bids, 3.2 Bidders will use a complete set of Bidding Documents in preparing Bids. 3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. 4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS. 4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be,performed,and the local conditions;and will at once report to the City's Representative errors,inconsistencies,or ambiguities discovered. 4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City's Representative. 4.2.1 The release of the bid package begins a quiet period for potential Bidders participating in this project. The City of El Segundo realizes it is critical to provide Bidders with a vehicle to ask questions so that quality responses can be prepared.Questions must be submitted in writing to project managers via the City website: Lit-tt)://w�v�N,.elscLyttiido.ort-,/der)ts/x,e,�orks/or�qjcct request contact form 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. 5657 Segundo employees to discuss potential projects or ask questions regarding the bid. Questions Due by 5:00 pm,January 22,2019 Questions Answered by January 24,2019 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. Substitutions will only be considered before award of the Contract and as provided for in the Contract Documents. 6. SUBCONTRACTORS. 6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work,labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor's business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so. 6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City's written consent in accordance with California law. 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 rejected. I-B-3 Agreement No. 5657 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. 10. BID SECURITY 10.1 Each Bid will be accompanied by Bid Security, in the amount of 10%of the Lump I-B-4 Agreement No. 5657 Sum Base Bid as security for Bidder's obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to "City of El Segundo." When a Bond is used for Bid Security, failure to use the City's Bid Bond form will result in the rejection of the Bid. 10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event,the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security,between the amount of the disqualified Bid and the larger amount for which the City procures the Work. 10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety,a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California,Department of Insurance list of,"Insurers Admitted to'Transact Surety Insurance in This State." 10.4 The City will retain Bid Security until the occurrence of one of the following: 10.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City. 10.4.2 The specified time has elapsed during which Bids may be withdrawn. 10.4.3 All Bids have been rejected. 10.5 The Bid Form, Bid Security, if applicable, 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 PROJECT NO.: PW 18-33 HOLLY VALLEY PLAYGROUND PROJECT.IN THE CITY OF EL SEGUNDO.DO NOT OPEN WITH REGULAR MAIL."Proposals may be mailed or delivered by messenger. 10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened. 10.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids. 10.8 Oral,telephonic,facsimile,or telegraphic Bids are invalid and will not be accepted. 10.9 All proposals must be submitted,filed,made,and executed in accordance with State and Federal laws related to bids for contracts of this nature whether the same is expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth,contemplated,and referred to in the Plans,Specifications,and other contract documents, and to full compliance therewith. 11. MODIFICATION OR WITHDRAWAL OF BID. 11.11 Before the Bid Deadline,a submitted Bid may be modified or withdrawn. Notice of I-B-5 Agreement No. 5657 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 ninety(90)calendar 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. 13.3 In the event that any bidder acting as a prime contractor has an interest in more than one proposal,all such proposals will be rejected,and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor.No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code. 14. AWARD 14.1 The City may retain all bids for a period of ninety(90)calendar 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. I-B-6 Agreement No. 5657 14.3 The City will have the right to accept Alternates in any order or combination,unless otherwise specifically provided in the Bidding Documents. 14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form,if any,plus the Contractor Delay Damages multiplied by the "multiplier" as stated in the Bid Form,plus the amounts of all accepted Alternates. 14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City's maximum daily liability as a result of City delays to Contractor, if any,and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor's actual daily delay damages,whichever is less,for each day of Compensable Delay as provided for by these Contract Documents. 14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) calendar days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten(10)days after receiving the City's notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items: 14.5.1 One original of the Agreement signed by Bidder. 14.5.2 One original of the Payment Bond. 14.5.3 One original of the Performance Bond. 14.5.4 Certificates of Insurance on form provided by the City. 14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders' company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references. 14.5.6 Preliminary Contract Schedule. 14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention. 14.5.8 Cost Breakdown. 14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract. 14.7 If Bidder submits the original signed Agreements and all other items within ten(10) days after receiving the City's notification, and all such items comply with the requirements of the Bidding Documents,the City will award the Contract to Bidder I-B-7 Agreement No. 5657 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. 1-B-8 Agreement No. 5657 PROPOSAL FOR THE HOLLY VALLEY PLAYGROUND PROJECT Project No.: PW 18-33 Date 20 Company Name TO THE CITY OF EL SEGUNDO: In accordance with the City of El Segundo's Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor, and to perform all work in the manner and time prescribed therein. BIDDER declares that this proposal is based upon careful examination of the work site,Plans, Specifications, Instructions to Bidders, and all other contract documents. Submittal of this bid shall be considered evidence that the BIDDER has satisfied himself regarding the contract documents,access and any other field conditions which may affect 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 1.M LOYMENT OPPOIITIJNITY COMPLIANCE I-C-l Agreement No. 5657 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 DECLARATION 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. 5657 BID SCHEDULE HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: BASE BID ITEMS Item Unit Total No. Description QTY Unit Price ($) ($) I Remove all playground equipment, 1 LS including foundations. ........ .................. .-..._............ 2 Remove playground sand down to in-situ 1000 SF soil. 3 Remove existing grass and dirt within 600 SF limits of proposed playground limits. .._.. ....................................... Remove existing concrete oncrete curb boundary 80 LF to playground. 5 Provide and install 6"wide concrete curb 160 LF boundary for playground limits. 6 Remove existing concrete sidewalk to 400 SF playground. Provide and install new concrete 7 sidewalk from street to entrance to play 60 SF area per ADA requirements. Purchase and install all new playground..._... 8 equipment per specifications, including 1 LS foundations. Provide and install concrete slurry subbase (approx. 4") in preparation for 9 pour in place surface. Provide and install 1600 SF 3.5" pour-in-place rubber surfacing per specifications. Miscellaneous improvements as 10 I LS $5,000.00 $5,000.00 determined necessary by the engineer. 10A Mobilization (not to exceed 5% of the 1 LS V total base bid) N TOTAL BASE BID FOR ITEMS 1-10A IN FIGURES = I-C-3 Agreement No. 5657 TOTAL BID WRITTEN IN WORDS: ................ .......... (NOTE: THE AWARD TO THE APPARENT LOWEST BIDDER IS BASED ON THE TOTAL OF BASE BID ITEMS 1-8-10A ONLY. ALTERNATIVE BID ITEMS SHALL NOT BE CONSIDERED AS PART OF THE LOWEST BID.) All work shall be per these specifications and attachments. Prevailing wage rates apply. The City of El Segundo reserves the right to reject any or all bids,to waive any irregularity, and to take all bids under advisement for a period of ninety (90) calendar days. BID SCHEDULE HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: ALTERNATIVE BID ITEMS .......... Item Unit Total No. Description QTY Unit Price ($) ($) Purchase and install a 3-ft high chain link 11 fence with two gate openings around the 160 LF perimeter of the playground area. I-C-3 Agreement No. 5657 BIDDER'S INFORMATION Company Name: BIDDER certifies that the following information is true and correct: Form of Legal Entity (i.e., individual,partnership, corporation, etc.) If corporation, State of Incorporation (i.e., California) Business Address Telephone No, Facsimile No. ......... State Contractor's License No. and Class Original Date Issued.... ................. Expiration Date The following are the names,titles, addresses, and phone numbers of ailf-in'—di—viduals, firm members,partners,joint venturers, and/or corporate officers having principal interest in this proposal: ............ The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows: ................... ........ ........... ............... ............. All current and prior DBA's,aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: ........... .................. .............. I-C-4 Agreement No. 5657 BIDDER'S INFORMATION(CONTINUED) Company Name: Bidder shall list the name of the person who attended the mandatory pre-bid job walk: Name: Title: I-C-5 Agreement No. 5657 IN WITNESS WHEREOF,BIDDER executes and submits this proposal with the names,titles, hands, and seals of all aforenamed principals this day of 20— BIDDER ....................... Subscribed and sworn to this day of . 20—. NOTARY PUBLIC I-C-6 Agreement No. 5657 PROPOSAL GUARANTEE BID BOND HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 KNOW ALL MEN BY THESE PRESENTS that, as BIDDER, and as SURETY, are held and firmly bound unto the City of El Segundo, in the penal sum of DOLLARS ($__),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. 5657 CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) 1. BIDDER'S Contractor's License Number is: Class No.: 2. The expiration date of BIDDER'S Contractor License is: , 20 3. BIDDER acknowledges that Section 7028.15(e)of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid,the license expiration date is stated, and the bid contains a statement that representations herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares,under penalty of perjury,that the representations made by the undersigned in this bid proposal are true and correct. Executed on . 20 at (insert City and State where Declaration signed). Signature ........................ Typed Name ........._.. Title ......._.... ................... _ Company Name I-C-8 Agreement No. 5657 NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (pursuant to Cal. Pub. Contract Code § 7106) The undersigned declares: I am the of .... .......the party making .............................. the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true.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,to any corporation,partnership,company,association,organization,bid depository,or to any member or agent thereof,to effectuate a collusive or sham bid,and has not paid,and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture,limited liability company,limited liability partnership,or any other entity,hereby represents that he or she has full power to execute,and does execute,this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ............ (date], at ................... ... _._. �.citY], . _._. estate]." Dated this day of... , 20_................_. Name Title Signature_.._ .. . I-C-9 Agreement No. 5657 WORKER'S COMPENSATION CERTIFICATION Section 1861 OF THE LABOR CODE (Workers' Compensation) Pursuant to Section 1861 of the Labor Code, the BIDDER, in submitting his/her PROPOSAL, shall sign the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Signature of Bidder: Title: Business Name: Business Address: Telephone Number: Dated this day of 20_ I-C-10 Agreement No. 5657 DESIGNATION OF SUBCONTRACTORS HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: As detailed in Section 2-3.1 (Page II-B-3)of the City Standard Specifications, Bidder certifies that it has listed below all subcontractors who will perform work in excess of one-half of one percent(0.5%)of the total bid price or certifies that the bidder is fully qualified to perform and will perform that portion of the work itself. Description of Subcontractor's Portion of Name of Contractor Work Estimated$ Subcontractor Address License No. Subcontracted Amount ....................... .-. ...... .w......... ...... (Number and Street) .............� (City,Zip Code) .......... F......... Y .......... ...... ................ V II ww I ................ ................. (Make copies of this page if additional space is needed) Signature of Bidder Date I-C_l I Agreement No. 5657 REFERENCES Company Name: The following are the names, addresses, and telephone numbers for public agencies for which BIDDER has performed similar work as the prime contractor or major subcontractor within the past five (5)years: 1. Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount:$ Date completed: Amount of work done by my/our firm under contract$ Did your firm have any financial interest in Project?.„ 2, Project Title: Location: Name and address of owner Name and current telephone number of person familiar with project Type of Work: Contract amount:$ _ Date completed: Amount of work done by my/our firm under contract$ Did your firm have any financial interest in Project? ................................ ............................... I-C-12 Agreement No. 5657 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 Name and current telephone number of person familiar with project: I-C-13 Agreement No. 5657 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. 5657 BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Company Name: Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation. 1. Have you ever been disqualified from any government contract? Yes ❑ No ❑ 2. If yes, explain the circumstances: ............... _................. ............ 3. Are you registered in accordance with Labor Code § 1725.5 [Note: failure to register requires the City to reject your bid as nonresponsive]? Yes ❑ No ❑ Bidder's Signature ..............._.�._--------- Name (Please Print) I-C-15 Agreement No. 5657 INSURANCE REQUIREMENTS [MUST BE SUBMITTED WITH PROJECT PROPOSAL] HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33, Company Name: To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying,at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $2,000,000 Business automobile liability: $1,000,000 Workers compensation: Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No.CG 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as"additional insureds" under said insurance coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88,or equivalent. Such insurance must be on an"occurrence,"not a "claims made,"basis and will not be cancelable or subject to reduction except upon thirty(30)days prior written notice to the City. Insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92,including symbol 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:VII." Certificate(s)must reflect that the insurer will provide thirty (30)day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. The City requires California Worker's Compensation Coverage with the associated Waiver. Out-of-state coverage will not be accepted in lieu of the California coverage,because the work is being performed in the State of California. By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's consultant. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Date Bidder's Signature I-C-16 Agreement No. 5657 END PROPOSAL SECTION I-C-17 Agreement No. 5657 PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND [CONTRACTOR] HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO. PW 18-33 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 Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Dollars($ )for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. I-D-1 Agreement No. 5657 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. 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 I-D-2 Agreement No. 5657 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 Ken Berkman Public Works Director City of El Segundo 350 Main Street, El Segundo, CA 90245 (310) 524-2356 Any such written communications by mail will be conclusively deemed to have been received by the addressee three(3)days after deposit thereof in the United States Mail,postage prepaid and properly addressed as noted above. In all other instances, notices will be deenned 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. 5657 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. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. I-D-4 Agreement No. 5657 CITY OF EL SEGUNDO Greg Carpenter City Manager ATTEST: Taxpayer ID 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: I-D-5 Agreement No. 5657 FAITHFUL PERFORMANCE BOND HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Bond No. Bond Fee: ("PRINCIPAL") and a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond,SPECIFICATIONS NO.PW 18-33,and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 18-33, 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 18-33)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. 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. 5657 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 18-33 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment,power of attorney,bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled,annulled,or suspended,or in the event that it has,that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect, [SIGNATURES ON FOLLOWING PAGE] I-E-2 Agreement No. 5657 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: —111,11,11,............... 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. 5657 LABOR AND MATERIALS BOND HOLLY VALLEY PLAYGROUND PROJECT PROJECT NO.: PW 18-33 Bond No. Bond Feer as principal ("PRINCIPAL") and ; a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety,as surety("SURETY"),are held and firmly bound unto the CITY OF EL SEGUNDO("CITY") in the sum of DOLLARS, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors,and persons renting equipment;payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials,provisions,provender,or other supplies,and equipment used in, upon, for or about the performance of the work contemplated in HOLLY VALLEY PLAYGROUND PROJECT, SPECIFICATIONS NO. PW 18-33 ("Public Project"), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project.In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 18-33, 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. PW 18-33), 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. I-F-1 Agreement No. 5657 3. PRINCIPAL will pay for all materials and other supplies,for equipment used in,on,for or about the performance of the Public Project,and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 18-33, 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 Agreement No. 5657 SIGNED AND SEALED this day of 120 PRINCIPAL's PRESIDENT SURETY's PRESIDENT PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS: _.............. ................................................... ................ NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one(1) original to City Clerk's Office. (2) Bond shall be effective for one (1)year after acceptance of the job. I-F-3 Agreement No. 5657 SECTION II -GENERAL REQ OIIIREMENTS CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL SPECIFICATIONS 1. REGIS"TFATION OF CONTRACTORS No bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of the laws of the State of California relating to licensing of contractors, for the type of work to be performed under this Contract. 2. INSURANCE AND (11 IN BUSINESS LICENSE Contractor and Sub-Contractors will obtain appropriate insurance and a City Business License before execution of the construction contract. 3. EMERGENCY INIORMA'TI N The names, addresses and telephone numbers of the Contractor and Sub-Contractors, or their representatives, will be filed with the City Engineer and the City Police Department BEFORE PERFORMING WORK. 4. 6 tJRN1Sl.IING OI�' W.ATEF Water necessary for the prosecution of the work as herein specified will be furnished by the City in the following manner: The Contractor will deposit with the City Water/Wastewater Division the sum of One Thousand,One Hundred,Forty-four Dollars($1,444.00)to insure against damage to a 2 'Y2" Fire Hydrant water meter which will be furnished and installed by the City at a point convenient to the site of the work. This deposit will be refunded to the Contractor upon completion of the Project if, after removal and inspection of said meter by the City, it is found to be in satisfactory condition. In event of damage to this meter while under the jurisdiction of the Contractor, all or any part of said deposit may be retained by the City. A non-refundable Activation Fee of One Hundred,Ten Dollars($110.00)will be charged upon activation of the temporary meter. 5. CALIFORNIA - OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION All work performed under this contract will be done in strict compliance with the Cal-OSHA Rules and Regulations, latest edition. 11-A-1 Agreement No. 5657 6. SOUND CONTROL The Contractor will comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the Project or related to the Project, will be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine will be operated on the Project without said muffler. The use of loud signals will be avoided in favor of light warnings except those required by safety laws for the protection of personnel. 7. AIR l.'0I..I.L,I"1'l(:" N CONTI�01_ The Contractor is put on notice that he must abide by all existing rules and regulations of the SCAQMD (South Coast Air Quality Management District), relating to all operations or equipment which discharge visible emissions or solid or liquid particles to the atmosphere. 8. WORKER UNIFORMS All workers under the employment of the Contractor or his/her Sub-Contractor will wear an orange vest or an orange shirt while working in the public right-of-way. II-A-2 Agreement No. 5657 CITY OF EL SEGUNDO PUBLIC WORKS DEPARTMENT GENERAL PROVISIONS 0-0 STANDARD S111 CW;IFICATIONS 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 NlJMBERING OF SECTIONS The numbering contained within the Standard Specifications of the Contract Documents is intended to correspond with Greenbook numbering. 1-2 DEFINITIONS The following subsection is added to Subsection 1-2 of the Greenbook. 1-2.1 ADDITIONAL DEFINITION$ 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. 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. II-B-I Agreement No. 5657 Public Works Director—The City's Public Works Director, or designee. ❑ (Check if applicable) State Standard Specifications - State of California Standard Specifications,dated July 1992, Business and Transportation Agency, Department of Transportation Working Days-A working day is defined as any day,except Saturdays,Sundays, legal holidays and days when work is suspended by the Engineer,as provided in Subsection 6-3 and days determined to be non-working in accordance with Subsection 6-7, "Time of Completion." 1-3 ABBREVIATIONS The following Subsection is added to Subsection 1-3 of the Greenbook. 1-3.1 The following abbreviations are added to Subsection 1-3 of the Greenbook: AAN American Association of Nurserymen AGC Associated General Contractors of America AISC American Institute of Steel Construction APWA American Public Works Association ASME American Society of Mechanical Engineers IEEE Institute of Electric and Electronic Engineers NEC National Electric Code Green Book The most current edition of the Standard Specification for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc. WATCH Work Area Traffic Control Handbook SPPWC Standard Plans for Public Works Construction by the American Public Works Association SSPWC Standard Specifications for Public Works Construction by the American Public Works Association ASA American Standard Association CITY City of El Segundo 2-0 SC'OI"I" AND CONTROL, OF WORK The following subsections 2-1.1 and 2-1.2 are added to the Greenbook. 2-1.1 ACCESS TO PROJf,CT SITE Not later than the date designated in the City Notice to Proceed,the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor's use. Il-B-2 Agreement No. 5657 2-1.2 OWNERSH III AND tJSF,OF CON"I"RACT DOCUMENTS. The Contract Documents and all copies furnished to or provided by the Contractor are the City's property and may not be used on other work. 2-3 SUBCONTRACTS Subsection 2-3 Subcontractors of Greenbook is deleted in its entirety and replaced with the following subsection. 2-3.1 GENERAL Except as provided in PCC §§4100 et.seq.,each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor,specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid. Only one subcontractor will be listed for each portion of the work,which portion will be defined in the bid. In each instance,the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor,or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself. The Contractor must have the City Council's written consent to substitute a subcontractor other than that designated in the original bid,to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor. Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity. Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor's control over the Work,cancel the contract, or assess the Contractor a penalty of not more than ten percent of the subcontract involved. All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor.The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor. When subcontracted work is not being prosecuted in a satisfactory manner, the 11-B-3 Agreement No. 5657 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 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 SPECII ICA"I'IONSS Subsection 2-5.1 of the Greenbook is replaced by the following subsection. 2-5.1 GENERAL The Contractor will maintain the following at the Work site: 1. One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction.As-built plans must be submitted to the City representative for approval before the City pays a final retention amount. 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. II-B-4 Agreement No. 5657 5. All other required submittals. The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project.Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both. Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is 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 CONTRA(,] DOCC_ME ]" . The following paragraph is added to subsection 2-5.2 of the Greenbook: As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions, and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done,or any of the matters relative thereto,are not sufficiently detailed or explained in the Contract,the Contractor will apply to the Engineer for such further explanations as may be necessary,and will conform thereto as part of the Contract so far as may be consistent with the terms thereof.Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both. 2-5.5 ACCURACY 01" PLANS AND SPECIFICATIONS, Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications,the City does not warrant the completeness or accuracy of such information. The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Engineer any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor. The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Engineer. II-B-5 Agreement No. 5657 2-8 RIGHT-OF-WAY The following subsection is added to Subsection 2-8 of the Greenbook. 2-8.1 ADDITIONAL WORK AREAS AND FACILITIES When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities have been left in a condition satisfactory to the owner(s)of said work areas or facilities before acceptance of the work. 2-9 SURVEYING Subsection 2-9.3, Survey Service, is deleted in its entirety and replaced by the following subsection: 2-9.3 SURVEY SERVICE 2-9.3.1 CONSTRUCTION SURVEYING The Contractor will provide for all construction surveying required to layout,monitor and complete the work.The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California. The Project Benchmark is shown on the plans. The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Engineer. It is the responsibility of the Contractor to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Engineer. Computations, survey notes,and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required)will be furnished to the Engineer before beginning work that requires their use. 2-9.3.2 MEASUREMENT AND PAYMENT Construction Survey — Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore. 3-3.2.2 BASIS FOR ESTABLISHING COSTS Subsection 3-3.2.2.3, Tool and Equipment Rental is modified where the second and third paragraphs are replaced with "Regardless of ownership, the rates to be used in II-B-6 Agreement No. 5657 determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage." 3-3.2.3 MARK UP Subsection 3-3.2.3, Mark Up, is deleted in its entirety and replaced by the following subsection: (a) Work by Contractor. The following percentages will be added to the Contractor's costs and will constitute the markup for all overhead and profits. 1) Labor.............................................20 2) Materials ......................................15 3) Equipment Rental.........................15 4) Other Items and Expenditures...-15 To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss. (b) Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor,the markup established in 3-3.2.3(a)will be applied to the Subcontractor's actual cost of such work.A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of$5,000 of the subcontracted portion of the extra work may be added by the Contractor. (c) In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor's actual daily delay damages,whichever is less,for each day of Compensable Delay as provided for by these Contract Documents. 3-3.3 GAILY REPORTS BY CONTRACTOR Add the following paragraph to subsection 3-3.3, Daily Reports by Contractor: If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure.Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim. 3-4 CHANGED 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 II-B-7 Agreement No. 5657 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 time period set forth in Subsection 6-11.3, the Contractor is liable to the City for any extra costs incurred as a result of the Contractor's failure to promptly give such notice. Changed conditions include, without limitation, the following: N. Subsurface or latent physical conditions differing materially from those represented in the Contract Documents; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health& Safety Code § 25117 that is required to be removed to a Class I, 1I, or III disposal site in accordance with applicable law. The Engineer will promptly investigate conditions that appear to be changed conditions. The Engineer's decision, and any dispute regarding that decision, will be made in accordance with Section 6-11 except that the Engineer will render a decision promptly. Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions: 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 DISPUTED WORK Subsection 3-5 is deleted in its entirety and replaced by the following subsection. If the Contractor and the City do not reach agreement on disputed work,the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications. Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract 11-B-8 Agreement No. 5657 Documents. 4-1.3 INSPECTION Rl:O(JIREMENy1S Subsection 4-1.3, Inspection Requirements, is deleted in its entirety and replaced by the following subsections. 4-1.3.1 GENERAL Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.A certificate of compliance,signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City. Standard items of equipment,such as electric motors,conveyors,plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site. All other equipment items will be inspected and tested in accordance with the contract documents. 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 TRADI: NAMES OR [.,QtJALS Whenever any material,product,equipment,or service is specified by brand,trade,or proprietary name,the item so specified will be deemed to be followed by the words"or equal". For the City's consideration of a proposed "equal" item, the Bidder must submit, a minimum of ten(10)calendar days before the date of the bid opening,documentation of the particulars of the proposed "equal item". At a minimum, the submitted documentation will include: ■ Written request with explanation of why the product should be considered as an equal product. ■ Material specifications. Technical specifications. Test data. Samples. Comparison chart of key specifications of the "equal" item against similar II-B-9 Agreement No. 5657 specifications of the specified item. • Work locations and reference telephone numbers of at least three(3)locations where the proposed "equal" item has been recently installed under similar conditions. Warranty data. The Bidder will be notified by the Engineer whether or not the proposed "equal" product is acceptable to the City five (5) calendar days behorc 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. 5-4 RELOCATION The following subsection is added to Subsection 5-4 of the Greenbook. 5-4.1 Rl":SI ON''SIBILITY OF UTILITY REMOVAI, OR RE'l,,,OCATION The City will be responsible to arrange for the removal,repair,or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City.The City will have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation. 5-5 DELAYS The following paragraphs are added to Subsection 5-5 of the Greenbook. Actual loss, as used in this Subsection, will be understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by Subsection 5-5.1 and no markup will be added in either case for overhead and profit.The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work. The following subsection is added to Subsection 5-5 of the Greenbook. II-B-10 Agreement No. 5657 5-5.1 CAI.CULA'FING IDLE TIME Equipment idle time will calculated in accordance with Subsection 3-3.2.2 and based upon the actual normal working time during which the delay condition exists,but in no case will exceed 8 hours in any one day.The days for which compensation will be paid will be the calendar days,excluding Saturdays,Sundays and legal holidays,during the existence of the delay. Worker idle time will be calculated in accordance with Subsection 3-3.2.2. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK Section 6-1, Construction Schedule and Commencement of Work, is deleted in its entirety and replaced by the following subsections. 11're-COnStrUCti011 Meeting: After contract award, the City will arrange for a pre-construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting. 6-1.1 Q'ON`HACT SCHI'DULE 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) calendar days of award. 6-1.2 CONTENT OF CONTRACT SCHEDULE The Contract Schedule, and any updated Contract Schedule, will meet the following requirements: 1. Schedules must be suitable for monitoring progress of the Work. 2. Schedules must provide necessary data about the time for the Engineer's decisions. 3. Schedules must be sufficiently detailed to demonstrate adequate planning for the Work. 4. Schedules must represent a practical plan to complete the Work within the Contract Time. 5. Schedules must show the critical path method for completing the Work. The Engineer's review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more. 6-1.3 EFFE'CT OF CONTRA CTSCIIEDULE The Contract Schedule,and any updated Contract Schedules,will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule 11-B-11 Agreement No. 5657 beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Engineer to be practical.Acceptance of such a schedule by the Engineer will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay. If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time. The Contractor will plan,develop,supervise,control,and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule.The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules,and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions,hindrances,or disruptions for its own forces and those forces of Subcontractors.The Contractor will cooperate with the Engineer in developing the Contract Schedule and updated Contract Schedules. The Engineer's review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time.Review and comments about any schedule will not transfer responsibility for any schedule to the Engineer or the City nor imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule. The Engineer's failure to discover errors or omissions in schedules that have been reviewed,or to inform the Contractor that the Contractor,Subcontractors,or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum. The Contractor will perform the Work in accordance with the currently accepted Contract Schedule. 6-1.4 COMMENCEMENT OF CONTRACT TIME 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) calendar days after the date of the Notice to Proceed, and be diligently prosecuted to completion with the time provided in the Specifications. 11-B-12 Agreement No. 5657 6-4 DEFAIJI-T 13Y 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 'I"E RMIINA"1"ON OF CONTRAC]"GR'S COMI,RCI.., OVER THE, WORK The City may terminate the Contractor's control over the Work without liability for damages when, in the City's opinion, the Contractor is not complying in good faith, has become insolvent,or has assigned or subcontracted any part of the Work without the City's consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor's action or inaction. In the event of such termination of control, the City may do any one, or combination of,the following: 1. Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.In such event the Surety will,within 5 days, assume control and perform the Work as successor to the Contractor; 2. The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor; 3. The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor. Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law. 6-4.3 SURETY'S ASSUMPTION""ION OF CONTROL Should the Surety assume any part of the Work, it will take the Contractor's place in all respects for that part, and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract,all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after 11-B-13 Agreement No. 5657 receiving notice of cancellation, or fails to continue to comply,the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City's forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within 5 days of completion, all costs in excess of the sums due. The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law. 6-6 DELAYS AND EXTENSIONS OF TIME Subsection 6-6 is deleted in its entirety 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 EXTENSIONS OF TIME If granted,extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule.Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time. 6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR Any payment for compensable delay will be based upon actual costs as set forth in II-B-14 Agreement No. 5657 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 NOTIChs AND REPORT If the Contractor desires payment for a delay or an extension of time, it will give the Engineer written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim. Any claim for payment or an extension of time must be in the form required by the "Claims" sections of these Specifications. In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents. 6-7.2 WORK DAYS AND WORKING HOURS City Hall is open from Monday thru Thursday lam-5pm and alternating Friday's 7am- 4pm. It is closed the following holidays: New Year's Day - Tuesday, January 1, 2019 Martin Luther King, Jr. Day - Monday, January 21, 2019 President's Day - Monday, February 18, 2019 Memorial Day - Monday, May 27, 2019 Independence Day - Thursday, July 4, 2019 Labor Day - Monday, September 2, 2019 Veteran's Day - Monday,November 11, 2019 Thanksgiving - Thurs-Fri,November 28-29, 2019 Christmas Eve - Tuesday, December 24, 2019 Christmas - Wednesday, December 25, 2019 New Year's Eve - Tuesday, December 31, 2019 New Year's Day - Wednesday, January 1, 2020 Working on Fridays when City Hall is closed is acceptable. If the Contractor, however, 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 before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed,that day is counted as a project working day. On workdays, Contractor's activities will be confined to the hours between 7:00 a.m. I1-B-15 Agreement No. 5657 and 4:00 p.m. Please see Section 6-7.5 below for weekend and holiday work restrictions. 6-7.4 NIGHT WORK The following paragraph is added to Section 6-7 of the Greenbook: The City will not permit Work between the hours of 4 p.m.and 7 a.m.of the following day unless specifically provided for in the bid documents or unless the Contractor receives prior written approval. 6-7.5 WEEKEND ANIS I IOLIDAY WORK. The Engineer may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays. 6-8 C'OMPI.,ETION ANIS ACCEPTANCE Subsection 6-8 of the Greenbook 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 1 year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Engineer,after notice to do so from the Engineer,and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice,the City may perform this work and the Contractor's sureties will be liable for the cost thereof. 6-8.1 GENT RAL GUARANTY TY 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 C.sI0UIDA]"I D DAMAGES Subsection 6-9, Liquidated Damages, of the Greenbook is deleted in its entirety and 11-B-16 Agreement No. 5657 replaced by the following subsections. II-B-17 Agreement No. 5657 6-9.1 FAILURE TO COMPLETE WORK ON TIME. If all the work called for under the contract is not completed before or upon the expiration of the Contract Time, the City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is therefore agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage.The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract. Unless otherwise specified, liquidated damages will be $250 per calendar day. 6-11 DISPUTES AND CLAIMS: PROCEDURE, 6-11.1 GENERAL Consistent with PCC § 10240.6,"Claim" means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Engineer, their agents or employees."Claim"does not mean,and the Claims procedures herein do not apply,to the following: I. Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle,or determine. 2. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. 3. Claims respecting a latent defect, breach of warranty, or guarantee to repair. 4, Claims respecting stop notices. If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor's Change Order Request. If a Claim is not subject to the Change Order Procedures,the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. 6-11.2 FORM A Claim must include the following: I. A statement that it is a Claim and a request for a decision. II-B-18 Agreement No. 5657 2. A detailed description of the act, error,omission,unforeseen condition, event or other condition giving rise to the Claim. 3„ If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied. 4. A detailed justification for any remedy or relief sought by the Claim,including to the extent applicable,the following: a) If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted. b) To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation,payroll records,material and rental invoices)demonstrating that costs claimed have actually been incurred. C) To the extent costs have not yet been incurred at the time the Claim is submitted,actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within seven(7)calendar days of the date the cost reflected in the record is incurred. At the Engineer's request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis). 5. If the Claim involves an error or omission in the Contract Documents: a) An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and b) A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers,before submitting a bid for the Contract. 6, If the Claim involves an extension of the Contract Time,written documentation demonstrating the Contractor's entitlement to a time extension. 7. If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor's entitlement to such an adjustment. 8. A personal certification from the Contractor that reads as follows: "I, —,, BEING THE (MUST BE AN OFFICER) OF (CONTRACTOR NAME), DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW,AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY 11-B-19 Agreement No. 5657 REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE;AND,FURTHER,THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES,IMPRISONMENT,AND OTHER SEVERE LEGAL CONSEQUENCES." 6-11.3 Cl-AIMS SIJBMI.i"BF,131`0 ENGINEER Within thirty (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. 6-11.4 CLAIM IS PRE'REO(JISH"E TO OTH!,R REMEDY The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor's right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law. 6-11.5 DECISION ON CLAIMS The Engineer will promptly review Claims submitted by the Contractor in accordance with these Specifications. Should the Engineer require additional supporting evidence to evaluate the claim,the Engineer will request such additional information in writing. Any such requested data will be furnished not later than ten (10) calendar days after the Contractor receives the Engineer's request. The Engineer will render a decision not later than thirty(30)days after either receiving the Claim or the deadline for furnishing additional supporting data,whichever is later. If the Claim amount is more than $50,000, the time period will be extended to sixty (60)days. 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: 1I-B-20 Agreement No. 5657 "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 thirty(30)calendar days of the date of this decision,the decision will become final and binding and not subject to further appeal." 6-11.6 APPFAL OF` ENGINEER'S DI"CISION Should the Contractor dispute the Engineer's decision,then the Contractor must appeal that decision to the City's Public Works Director within thirty (30) calendar days of receiving the Engineer's decision. The Public Works Director will address disputes or claims within thirty(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 thirty (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, and other expenses incurred for its own benefit. 11-B-21 Agreement No. 5657 6-11.9 WHEN ARBITRATION DECISION BECOMES BINDING The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within thirty (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 APPEAL `l'O SkJPERIOR CO(JRT: WAIVER Ol" JLJRYTRIAL 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. 6-11.11 AB 626 CLAIMS. PROCESS Claims made by a Contractor for one or more of the following are subject to the claim resolution process set forth in Public Contract Code section 9204: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the city under a contract for a public works project. (B)Payment by the city of money or damages arising from work done by,or on behalf of,the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the city. 7-2 LABOR The following subsections are added to Subsection 7-2 of the Greenbook. 11-B-22 Agreement No. 5657 7-2.3 PREVAILING WAGES The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per 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. Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: a) When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the ninety (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 through apprenticeship training on an annual basis state-wide or locally, or d) When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations,ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 11-B-23 Agreement No. 5657 7-2.4 RECORD OF WAGES PAID, INSPECTION Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work.The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by the City,the Contractor will provide copies of the records at its cost. 7-3 LIABILITY INSURANCE Subsection 7-3, Liability Insurance, of the Greenbook is deleted in its entirety and replaced by the following subsections. 7-3.1 GENERAL Contractor must 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 that may arise from or in connection with the performance of the work covered by this agreement by the Contractor,its agents,representatives,employees or subcontractors: COVERAGE PER ISO FORM COMBINED OCCURRENCE SINGLE LIMIT Comprehensive General Liability CL 00 02 01 85 or 88 $2,000,000 Business Auto CA 00 01 01 87 $1,000,000 Workers' Compensation Statutory Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury,personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: GENERAL LIABILITY AND AUTOMOBILE LIABILITY: The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor;or automobiles owned, leased,hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers,officials,employees,agents,or volunteers. II-B-24 Agreement No. 5657 The Contractor's insurance coverage will be primary insurance as respects the City, its officers,officials,employees,agents,and volunteers.Any insurance or self-insurance maintained by the City, its officers,officials,employees,agents,and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City,its officers,officials,employees and volunteers for losses arising from work performed by the Contractor for the City. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. WORKER'S 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 an occurrence basis.Insurance on a claims made basis will be rejected. Any deductibles or self-insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self-insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. 11-B-25 Agreement No. 5657 CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor.Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Except as provided in Subsection 6-10, the Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees,or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance, except as provided in Subsection 6-10. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional 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 will assume the defense of and indemnify and save harmless the City of EI 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 11-B-26 Agreement No. 5657 or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses,damage, expenses, and liability,howsoever the same may be caused,resulting directly,or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Subsection 7-3.2 or in Subsection 7-3 of the Standard Specifications will require defense or indemnification for death,bodily injury,injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City,or for defects in design furnished by such persons. Moreover, nothing in this Subsection 7-3.2 or in Subsection 7-3 will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City. The City does not,and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies described in Subsection 7-3 of the Special Provisions. This hold harmless agreement by the Contractor will apply to all damages and claims for damages of every kind suffered,or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor,or any subcontractor,regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages. No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work,or of any other nature,will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have. 7-5 PERMITS The following paragraph will be added to Subsection 7-5 of Greenbook: The Contractor will apply for permits required by the City. These permits will be issued on a"no-fee" basis.However,the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations. All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included,costs will be included in the various items of work, and no additional payment will be allowed. 7-8.1 +C'LE'ANUP AND DUST CONTROL. Subsection 7-8.1,Cleanup and Dust Control,of the Greenbook is deleted in its entirety and replaced by the following subsections. II-B-27 Agreement No. 5657 7-8.1.1 GENERAL On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type street sweeper a minimum of once daily. 7-8.1.2 WATERING Water for dust control 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 110111MON 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/asphalt concrete saw cutting operations, clean up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system. (b) Temporary sediment filtering systems such as sandbags, silt fences,or gravel berms will be utilized to trap sediment so that only filtered water enters the City's storm drain system.Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor. (c) Discharge of concrete transit mixer wash water on to approved dirt areas(sub- grade area designated for new concrete construction for example)is acceptable. Discharge on to private property,parkway areas,or the street is not permitted. (d) Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City. (e) Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties. (f) No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site.During the rainy season(October 15 to April 15),Contractor will keep at the construction site sufficient materials and 11-B-28 Agreement No. 5657 labor to install temporary sediment filtering systems and other water pollution prevention control measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain. (h) All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor's failure to implement water pollution control measures will be charged to the Contractor. 7-9 PROTECTION AND RESTORATION OF E ISTING IMPROVb;MEN]"S The following requirements are added to Section 7-9: Where existing traffic striping,pavement markings,and curb markings are damaged or their reflectively reduced by the Contractor's operations,such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements. Relocations, repairs, replacements, or re-establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SA[`I:TY 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 Edition, published by Building News. 7-10.1 TRAFFIC AND ACCESS The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Engineer. At least one(1)twelve(12)foot wide traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Engineer. The traffic lanes will be maintained on pavement,and will remain unobstructed.All work requiring that a lane be closed or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards. Clearances from traffic lanes will be five(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 II-B-29 Agreement No. 5657 traffic lane will be five (5) feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades(minimum two(2))at each location,one(1)at each end of the obstruction or excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 of the WATCH Manual and lights will be Type A per Section 7-6 of the "Work Area Traffic Control Handbook" (WATCH). 7-10.2 S'T'REET CLOSR..JRES, D TOt,,fRS, 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 PROTEC'TIOTA OFTHE I11_JBIJQ It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service,or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when,in the opinion of the Engineer,immediate action will be considered necessary in order to protect the public or property due to the Contractor's operations under this contract,the Engineer will order the Contractor to provide a remedy for the unsafe condition.If the Contractor fails to act on the situation immediately,the Engineer may provide suitable protection to said interests by causing II-B-30 Agreement No. 5657 such work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and necessary. The cost and expense of said labor and material,together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety. 7-15 HAZARDOUS MATERIAL The following Subsection will be added to Section 7 of the Greenbook: For any excavation, which extends more than four feet below existing grade, the Contractor will promptly,and before the conditions are disturbed,notify the Engineer, in writing,of 1)any material that the Contractor believes may be hazardous waste,as defined in Health and Safety Code§25117,which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated,or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. After receiving notice from the Contractor,the Engineer will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of Subsection 3-4(Changed Conditions)of the Greenbook. If a dispute arises between the City and the Contractor whether the conditions materially differ,involve hazardous waste,or cause a change in the Contractor's cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract,but will proceed with all work to be performed under the contract.The Contractor will retain all rights provided by Subsection 3-5, Disputed Work, of the Greenbook. If the Engineer determines that material called to the Engineer's attention by the Contractor is hazardous waste,or if the Engineer otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Engineer, subject to the provisions of Section 3 (Changes in Work) of the Greenbook. 9-2 LUMP S(JM 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 11-B-31 Agreement No. 5657 for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work, including,but not limited to,all necessary cutting,patching,repair and modification of existing facilities, and clean up of site. Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Engineer that it correctly represents a reasonable apportionment of the lump sum.This schedule is subject to approval by Engineer as to both the components into which the lump sum item is broken down,and the proportion of cost attributable to each component. This schedule will be the basis for progress payments for the lump sum work. 9-3.2 PARTIAL AND I"INAL PAYMENTS The text of Subsection 9-3.2 of the Standard Specifications is deleted and replaced with the following: The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to the CITY for approval. When work is complete,the Contractor will determine the final quantities of the work performed and prepare the final progress payment, and submit it to the Engineer for approval. It will take a minimum of thirty-five(35)calendar days from the date of approving the Contractor's invoice to make the payment to the Contractor. However,payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions. The full five percent(5%)retention will be deducted from all progress payments.The Contractor will make a payment request for the retained amount, for approval by the City,upon field acceptance of the work by the City Engineer.The City Engineer upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than thirty-five (35) calendar days from the City Council acceptance of the work,the Contractor's final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers,sub-contractors,other governmental agencies,and private property owners. Until these Stop Payment Notices are released and claims are resolved the stop payment/claim amount wi I I be withheld from the final payment. II-B-32 Agreement No. 5657 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 D MATERIALS Materials and equipment delivered or stored,but not incorporated into the work,will not be approved for progress payments. 100-1 TEIRMINATION OF AGENCY LIABILITY Before receiving final payment, the Contractor will execute a"Release on Contract" form which will operate as,and will be a release to the City,the City Council,and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for,or relating to,the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Subsections 9-3 of the Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims. - END OF SECTION - II-13-33 Agreement No. 5657 SECTION III—SPECIAI, PROVISIONS 14 GENERAL SCOPE, TIME FOR CONIPI-ETION. AND [,OCATION OF WORK 1-1, General Scooe of Work: The work to be done consists of furnishing all labor,materials,tools,equipment,BMP implementation and incidentals for removal of the Holly Valley Park playground equipment sand surface and installation of new playground equipment and pour-in- place rubber playground surface. Miscellaneous site work, including new concrete foundations,concrete curbs and ADA compliant sidewalks shall also be completed as identified on the plans of this project. I-1 Location of the Work: The project will occur within the Holly Valley park limits near the intersection of Holly Avenue and Valley Street in the City of El Segundo. 1-1 Workine Days and Tinic for Completion: 1. Contractor will commence work on date specified in the Notice to Proceed to be issued to the Contractor by City of El Segundo Public Works Department and shall complete work within forty (40) working days after the date of commencement. 2-0. NOTIFICATIONS The CONTRACTOR will notify all agencies listed here a minimum of forty-eight(48) hours before start of operation.The following list of names and telephone numbers are intended for the convenience of the CONTRACTOR and the City does not guarantee either the completeness or correctness of this list. OPERATION OFFICE TELEPHONE I. Start of work, Cheryl Ebert, Public Works Project Manager 310-524-2321 shutdown of work, Lifan Xu, City Engineer 310-524-2368 or resumption of Chris Hentzen, Parks Superintendent 310-524-2716 work after shutdown Ken Berkman, Director of Public Works 310-524-2356 2. Closing of streets El Segundo Police Department" 310-524-2200 El Segundo Fire Department" 310-524-2269 The CONTRACTOR will notify the Engineering Division before notifying these offices. The following information is provided for CONTRACTOR'S use to notify agencies if their facilities are affected by CONTRACTOR'S work: 1. Underground Service Alert(all excavation in public right-of-way) 800-227-2600 2. City of El Segundo—Water Division 310-524-2742 III-A-1 Agreement No. 5657 3. City of El Segundo - Wastewater Division 310-524-2754 4. City of El Segundo - Recreation and Parks 310-524-2707 5. Southern California Gas Company 310-671-9002 6. Southern California Edison Company (SCE) 310-417-3366 7. AT&T 310-515-4430 8. Time Warner Communication(Cable) 310-768-0400 Extension 414 9. Los Angeles County Sanitation District 310-699-7411 10. El Segundo Unified School District 310-615-2650 2-1. 'NOTIFICATION OF CIT' STAFF AND EMPLOYEFS Due to the nature of this project involving some inconvenience to residents and the public,a good public relations program is mandatory and evidence of satisfactory past performance in this area will be required. The City will require the Contractor to distribute one (1) "Public Notice" to each resident affected by the construction. Notice must be approved by the City prior to distribution. The notice shall be distributed minimum five(5)calendar days prior to the start of any work. Notice shall be attached to a red information hanger provided by the Contractor and hung on the front door knob of every resident on the project streets. Notices shall include the project times,dates,working hours,and description of project activities. If any changes occur to project times, dates or working hours, the Contractor will revise and re-deliver the Notice to affected persons. 3-0. MOBILIZATION Mobilization shall conform to the provisions of Section 9-3.4 of the Standard Specifications. The scope of work under mobilization includes but is not limited to: 1. Obtaining and paying for all required bonds, insurance,permits, and licenses. 2. Completing and submitting required documents in a timely manner. 3. Moving on to the site of all Contractor's equipment required for operations. 4. Arranging for and erection of Contractor's work and storage yard. 5. Posting all OSHA required notices. 6. Submittal of Construction Schedule, Contractor Contact List, and Notices to City staff for City approval. 7. Notification of City staff and residents/pedestrians, including temporary warning and safety signage leading to areas where construction is occurring or where materials are being staged.Notification shall take place at least 72 hours before construction as well as during construction. 8. Re-notification of all affected parties for all construction schedule changes. 111-A-2 Agreement No. 5657 9. Protection of utility facilities, landscapes, pavements, structures, and any existing condition and other public property in place during any construction activities. This includes protection of planter boxes and vegetation. 10. Traffic control as required per W.A.T.C.H. manual. 11. Coordination with City staff and any applicable utility agencies to avoid conflicts during project activities. 12. Providing Best Management Practices (BMPs) necessary to comply with NPDES requirements. 13. Bringing unforeseen field conditions to City staff's attention in a timely manner. 14. Restoration of private and public property to existing standard conditions upon demobilization. 15. Clearing and grubbing,and landscape removal if necessary. 16. Installing and removing of all temporary facilities required for operations, including temporary fencing (min. 6-ft height)-. 17. Removal and disposal of any existing unused materials from the project sites. 18. Furnishing temporary water services to maintain water services to consumers at all times. 19. Removal of any formwork, nails, stakes, excess resurfacing material, and other construction debris from the project sites. 20. Demobilization. 3-1. Demobilization shall include all activities for the Contractor to remove all equipment, on-site sanitary facilities, etc. from the project areas after construction is complete. Demobilization shall also include general cleanup activities and specific punch list items and cleanup activities determined by the City staff or their representative, to repair or replace any private or public facilities damaged by the construction and return public right-of-way to the same or better condition as that existing prior to construction. 44 WORK SCHEDULE Contractor shall be responsible for providing a workable construction schedule that incorporates the following conditions: 1. The schedule for the work is subject to the approval of the Public Works Department. 2. All work shall take place Monday through Friday between the hours of 7:00 am and 4:00 pm unless previously approved by the Public Works Director, City Engineer, or Project Engineer for any other day of the week. 3. The Contractor shall coordinate all inspections and final sign-offs for permits and the project with Public Works Department and Building Safety staff. 5-0. STANDARDS Section 0-1 on page 11-B-1 of these specifications is supplemented by the following additional requirements: III-A-3 Agreement No. 5657 All work shall be in conformance with the 2018 Standards Specifications for Public Works Construction (SSPWC) unless otherwise shown on the plans, technical specifications, or as specified herein. Submittal of a bid will be evidence that the Contractor is familiar and knowledgeable about these specifications. Strict compliance with State and Local safety codes will be enforced. 6-0. EXAMINATION OF JOB SITE AND Mi:-ASI,,IREMENI' Vi?RIFICATION, The BIDDER shall make a detailed physical inspection of the project site before submitting the proposal. It is understood that the BIDDER has thoroughly examined the specifications, sites and conditions under which work will be performed before submitting a proposal and has satisfied himself regarding existing conditions and existing access conditions which may affect bid prices for the proposed work. Measurement Verification: Contractor shall verify all field measurements and determine quantities prior to ordering materials. Contractor shall procure all material and confirm all parts are onsite prior to beginning installation. 7-0. INSPECTION, Section 4-1.3 on page 11-B-9 of these Specifications is supplemented by the following additional requirements: 1. On all questions relating to quantities, the acceptability of material, or work, the execution,progress or sequence of work,and the interpretation of specifications or plans,the decision of the Engineer is final and binding,and shall be precedent to any payment under the contract. 2. All work and materials are subject to inspection and approval of the Engineer. 3. Legible copies of material/weight certification shall be turned over to the inspector on a daily basis. 4. Inspection of the work shall not relieve the Contractor of the obligations to fulfill all conditions of the contract, 8-0. WORK AREA SAFETY All work shall conform to all applicable State, local, regional and Federal codes, ordinances, and regulations as prescribed by the City. 1. The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Occupational Safety and Health of the Industrial Relations Department(CAL-OSHA). 2. The CONTRACTOR shall place and maintain signs, cones, barricades, security fences, and other safety devices as needed for the safety of and the general public, City personnel, and the Contractor. 111-A-4 Agreement No. 5657 9-0. USE OF PRIVATE PROPERTY AND PROTEC'I"ION OFEXISTING IMPROVEMENTS The use of any private property or utilities on 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 the private property, and storage of material or equipment, and turning around/parking of his vehicles on private property. 1. Existing public and/orprivate improvements,adjacent property,utility and other facilities and trees and plants shall be protected from injury or damage. 2. Any damage to the facilities, public, or private property that takes place as a result of the contractor's work shall be repair or replaced to the City's satisfaction by the contractor at no cost to the City. 3. Access to driveway shall be maintained at all times for residents. 10-0. STORAGE OF MA'"I"ERIALS AND EOLJJPMENT 1. No material or equipment shall be stored in public right-of-way without prior approval from the Public Works Department. 2. The Contractor shall be responsible for obtaining a site for storage of material and equipment. The site shall not be within or adjoining the residential areas of the City. Site shall be subject to approval by the City. 3. The sites for stockpiling and batching materials shall be clean and free from objectionable material. 4. The City does not guarantee any designated property within the City for storage of materials. 5. If the Contractor finds a private property for storage of his materials, the Contractor shall furnish the City a letter of approval and a letter of release(at the end of the job and cleanup of the storage site) from the property owner for this purpose. 11-0. DISPOSAL OF REMOVALS There are no authorized dump facilities within the City of El Segundo. All removed material shall become the property of the Contractor and shall be legally disposed of by Contractor at the end of each work day away from the site of work. 12-0. BUILDING SAFETY AND PUBLIC, WORKS ENCROACHME"N'l, PERMITS The Contractor will be required to apply and obtain applicable"no-fee" permits from the Public Works and the Building Safety Departments. The Contractor's III-A-5 Agreement No. 5657 work shall adhere to the City standards and applicable codes including the California Building Code, Plumbing Code, Electrical Code, and Mechanical Code. The Contractor shall call the Inspector at least 24 hours in advance for inspections. All noted deficiencies on permits shall be corrected by contractor. The project will not be accepted as complete until contractor obtains a final sign-off for all permits. 13-0. PRO"I'l-iCTION 01" EXIS'I ING IMPROVI"--'MENTS Existing public and/or private improvements, adjacent property, utility and other facilities, trees, fences, sprinkler systems, plants, City benchmarks and centerline ties that are not to be removed shall be protected from injury or damage as provided for in Sub-section of Part I of SSPWC "Greenbook" Standard Specifications. Any pavement, curb, gutter, landscaping or sidewalk removed beyond the limits established by the engineer shall be reconstructed by the Contractor at his own expense and no additional compensation will be allowed. Tie-Out and Re-establish Survey Monuments and Benchmarks: In accordance with Section 8771 of the Business and Professional Code, the Contractor will be required to hire a licensed land surveyor to tie out documentation affected by the project prior to commencement of construction and require the land surveyor to file corner records with the engineer; and re-establish and such monuments or benchmarks damaged or destroyed during construction and file corner records with the City of El Segundo Public Works Department after replacement. Storm Drains: Best Management Practices (BMP's) shall be followed at all times during the project to protect the storm drain system. 14-0. TREE& TRF"E ROOTS At locations where tree roots are encountered,the Contractor shall cut out the tree roots to the full cross section of the new work a minimum of two (2) feet below finished grade under the supervision of the Recreation and Parks Department. Cost of this work shall be included in the other items of work. No tree shall be removed from public property without the approval of Recreation and Parks Department. 154 CURB DRAIN OUTLETS The Contractor shall reconstruct all curb drainage outlets that fall within the limits of his/her work. Cost of this work shall be included in the other items of work. 16-0. OTHE.R.METE BOXES, PULL BOXES 111-A-6 Agreement No. 5657 The Contractor shall make adjustments to all other meter boxes and electoral pull boxes (within the work limits)to match new grade. Cost of this work shall be included in the other items of work. 17-0. TRAFFIC CONI ROL, PUBLIC SA1 l,,.".I'Y, AND CONVENIENCE Traffic control, construction signing, and traffic maintenance shall comply with the provision of Sub-section 7-10 of the SSPWC "Greenbook" Standard Specifications and the current requirements set forth in the California Manual on Uniform Traffic Control Devices published by the Department of Transportation, State of California,the Contractor's Traffic Control Plans and these Special Provisions. 18-0. COMPLETION Upon completion of work at each site,the Contractor shall conduct careful inspection with the City Inspector and shall correct all defective work to the satisfaction of the Owner. The Contractor shall coordinate all inspections and final sign-offs for Encroachment Permits and Building Permits with City staff. All scrap, litter and debris resulting from operations specified herein,shall be removed and the premises left in a clean and satisfactory condition. 19-0. WARRANTY The Contractor and/or manufacturer shall warrant all work performed under this Contract for a minimum of two (2) years from the date of Owner's acceptance of completed job. Any defects in materials or workmanship appearing during this period shall be corrected without cost to the City. - END OF SECTION - III-A-7 Agreement No. 5657 E,,CTION IV -- MEASUREMENT AND PAYMENT 1-0. 13ASE BID ITEMS 1-1, remove all nlav,romid ecmuiyi irIc111clill: I'caUn lytic Nis (Base Bid Item No. 1) Measurement for payment of this item shall be billed on a percentage completed basis and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed for the removal of playground equipment. Playground equipment includes the play structure, trash cans, swings, and benches associated with the existing Holly Valley Park. This item shall also include proper disposal of equipment. 1-2. Remove rola °around sand down to in-situ soil, (Base Bid Item No. 2) Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed to perform this work. The unit price shall include full compensation for the removal and proper disposal of existing playground sand down to the in-situ soil(approximately 8 inches),and proper disposal of sand,to the City's satisfaction, and per plans and specifications. 1-3. Remove existing crass and dirt within limits Of 1)1-01)osed Jlay round limits, f Base Bid Item No. 31 Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed to perform this work. The unit price shall include full compensation for the removal and proper disposal of grass and dirt that are within the limits for the proposed playground area per these specifications, to the City's satisfaction. 1-4. Remove existing concrete curb boundary to playall-OUMld (Base laid Item leo. 4) Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed to perform this work. The unit price shall include full compensation for the removal and proper disposal of existing concrete curb around the perimeter of the playground equipment. IV-A-l Agreement No. 5657 1-5. Provide and install 6"wide concrete curb bc�undary for playground limits (Base Bid Item No, 5) Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed to perform this work. This item shall include full compensation for installing 6" wide concrete curb boundary around the perimeter of the playground equipment per plans and specifications. 1-6. R.enlovc existing concrete sidewalk to Isla ,�•ounc! (Base Bid Item No. 6) Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials and incidentals needed to perform this work. The unit price shall include full compensation for the removal and proper disposal of existing concrete sidewalk that currently leads to the playground equipment. 1-7. Provide and install new concrete sidewalk from street to entrance to nlav area per AICA requirements (Base Bid Item No. 7) Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed to perform this work. This unit price shall include full compensation for the procurement and installation of concrete sidewalk that leads to new perimeter of playground equipment. Sidewalk shall be ADA compliant. This item also include compaction of soil and preparation of the site to receive new concrete. Broken or damaged sprinklers and City property related to concrete installation shall be repaired under this item. 1-8. purchase an([ install all ne plavground eauimnent rae ae;cJ, tion, includ'int), foundations (Base Bid Item No. 8) Measurement for payment of this item shall be billed on a percentage completed basis and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed for the removal of playground equipment. The unit price shall include full compensation for the procurement and installation of playground equipment as identified in the plans and specifications. Manufacturer installation requirements shall be followed. This item includes installation of foundations that have been properly engineered and approved by the City. IV-A-2 Agreement No. 5657 1-9. Provide and install concrete slurry subbase(avoroximately 4")jR2rer)aration for Dour in place surface. Provide and install 3,5" Dour-in-place Ribber SUrft1Cin:(,Y PC, soecifications. (Base Bid Item No, 9) Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed to perform this work. The unit price shall include full compensation for the compaction and grading of site to receive rubber surface. Item also includes procurement and installation of subbase in preparation for playground rubber surfacing and the procurement and installation of the rubber surfacing as identified in the plans and specifications. Manufacturer product information and installation requirements shall be followed. 1-10. Miscellaneous h-noroveine.nts as determined by the Engineer as necessary Mase Bid I te in No. 10) Placeholder only. Miscellaneous improvements as determined by the Engineer as necessary. Actual payment to be agreed upon by both the Engineer and the Contractor at time of construction. 1-10A Mobilization (Base Bid Item No. 10A) Measurement for payment of this item shall be billed on a percentage completed basis and shall include full compensation for all labor, equipment, tools, materials,and incidentals needed.This item shall also include full compensation for coordination, notification, cleanup and disposal, pedestrian traffic control, temporary fencing, and vehicle traffic control if necessary. The following alterative bid items are only applicable if the City determines that they are necessary. 1-11. Purchase and install a 3-11 high chain link Fence with two P-ate opgnjEgs al'OUnd the perimeter of the olayalround area (Alternative Bid Item 10 Measurement for payment of this item shall be billed on a units-completed basis at the unit price for the item and shall include full compensation for all labor, equipment, tools, materials, and incidentals needed to perform this work. The unit price shall include full compensation for the procurement and installation of a 3-ft high chain link fence with two gate openings around the perimeter of the playground area. Item includes installation of foundations/footings for the chain link posts. Chain link shall be installed per manufacturer's recommendations. 2-0. PROGR,FSS PAYMENTS AND RFTF".`,NTtON Lump sum items shall be billed on a percentage completed basis. Unit-based items shall be billed on a units-completed basis. The City reserves the right to request a IV-A-3 Agreement No. 5657 schedule of values to be submitted by the contractor for any or all bid items in order to determine payment for work completed. Five percent(5%)shall be deducted from each progress payment and retained by City until punch lists are complete, the Notice of Completion has been recorded by the County, and all permits are signed off by the appropriate City representative. The remainder less the amount of all previous payments will be paid to the Contractor. Payment of all, or any part, of an estimate in writing may be withheld on account of any of the following: Defective work not remedied; Third-party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors; Stop Notices;Failure of Contractor to make timely payments due to subcontractors for material or labor; Damage to the City or others for which Contractor is responsible;Failure of Contractor to submit schedules or their updates as required by the Contract Documents; Liquidated damages assessed; Any other failure of Contractor to perform its obligations under the Contract Documents. IV-A-4 Agreement No. 5657 SEC11ON V— TECHNICAL SPECIFICATIONS SECTION 011100 SUMMARY OF WORK 01 11 00-1 - GENERAL 1.1 Summary A. The work to be done under this Contract includes the furnishing of project management, labor, materials, tools and equipment, and services, and performing all work necessary for the removal of the existing Holly Valley Park playground equipment and sand surface and replacing with new playground equipment and poured-in-place rubber playground surface and related work, all in accordance with the Contract Documents and Plans. 1.2 Project Identification A. The project name is "Holly Valley Playground Project". B. The project limits are within the Holly Valley Park limits,near the intersection of Holly Avenue and Valley Street in El Segundo CA, 90245. C. Refer to Section 111, Special Provisions, of the Contract for requirements related to work schedule, mobilization, standards, and other general requirements. 1.3 Scope of Work A. Work shall include, but is not limited to,the following: 1. Work as shown on the plans. 2. Demolition shall include, but is not limited to, the following: a. Disassemble and remove the existing playground equipment, including: i. Remove and store existing trash cans, ii. Remove and dispose of benches. b. Removal of existing curb(approximately 80-LF)and concrete sidewalk(approx. 400 SF at 4"depth). C. Excavate and remove approximately 1000 SF of existing sand at 7.5" depth. V-A-1 Agreement No. 5657 d. Excavate and remove approximately 600 SF of grass and dirt at 7.5" depth. e. Contractor shall legally dispose of all equipment and materials not intended for the final product. 3. Construction of the Holly Valley Park shall include, but is not limited to,the following: a. Procurement, installation, and assembly of the following playground equipment(or equal)following the manufacturer's installation requirements. Required playground components are provided in Section 11 68 00, Playground System. b. Provide and install 160 LF of new concrete curbing. c. Provide and install approx. 60 SF of new concrete sidewalk from street entrance to play area,4"depth,tying into sidewalk at street. New sidewalk shall meet the requirements of ADA. d. Provide and install 1600 SF of concrete slurry subbase in preparation for pour-in-place rubber surfacing, 4" depth. e. Provide and install approx. 3.5" of pour-in-place rubber surfacing, in compliance with manufacturer's technical specifications. 4. Alternative Bid: a. Install 3-ft high chain link fence at perimeter of park and sidewalk with two entrance gates 1.4 Qualification Data A. Installer must be a qualified firm that is approved, authorized, or licensed by playground manufacturer to install manufacturer's product and that is eligible to receive manufacturer's warranty. 1. Contractor's bidding on the project must already have obtained a "Gametime Official Certified Installer"certification from Gametime(A Playcore Company) and submit at the bid opening. 2. Submission of certificate is a requirement of the project. 1.5 Interpretation of Drawing A. The drawings showing the layout of the playground equipment indicate approximate locations of curb,pour in place rubber,and benches, swings,and equipment. The equipment location as shown on the drawings are schematic only and are not intended to show the exact locations. Footing ordinate table V-A-2 Agreement No. 5657 should be followed once origin of x-y axis has been field verified. Contractor shall abide by all playground setback criteria when placing equipment in the field. 1.6 Plans, Standard Plans, and Specifications A. The following plans and standard plans are provided for use by the Contractor and are part of this bid package: Exhibit A — Holly Valley Playground Project — GameTime renderings of proposed site and footing ordinate information. Exhibit B—Holly Valley Park Material Specifications Exhibit C — GTIMPAX Playground Protective Surfacing, Plan and Specification V-A-3 Agreement No. 5657 SECTION 1168 00 PLAYGROUND SYSTEM 11 68 00-1 - GENERAL 1.1 Summary A. Section includes composite structure,stand-alone play events and accessories. B. Basis of design is GT Events, PowerScape Plus, and PowerScape, free- standing play equipment and accessories as manufactured by GameTime, a P1ayCore Company, 150 PlayCore Drive, SE, Fort Payne, Alabama 35967, Phone 1-256-845-5610, w"ow.GanicTime.com a. Local Representative: Tyler Kyriopoulos, 435-760-5103 1.2 Submittals A. Product Data: Include equipment,equipment identification,delivery, storage, and handling, spare parts, and materials. B. Shop Drawings: Include plans,elevations,details,and installation instructions for each component. Include configuration, dimensions, material, and fall height/distance for each component. C. Samples: Provide finish information and available colors. D. Certificates: Include manufacturer qualifications and installer qualifications. E. Warranty: Include manufacturer's warranty for all products. a. Refer to attachment for minimum warranty requirements. F. Closeout submittals: Provide maintenance instructions and applicable warranties. 1168 00-2—PRODUCTS 2.1 Materials A. Refer to GT Events Specifications, PowerScape Plus Specifications, and PowerScape Specifications for specific material requirements, Exhibit A, or equal. 2.1 Required Components A. GameTime Playground components(or equal)to be procured and installed on this project are as follows: V-A-4 Agreement No. 5657 a. ADA Primetime Swing (12583) b. Belt Seat Package 3 (1483) C. Expression Swing with Adaptive Seat(5165) d. Two (2) Tuffclad 8-ft Bench with Back In-ground (28012) e. 20-ft Sunblox Sail Canopy (80174) f. Double Zip Slide (90509) g. Low and High Point Entry (313) (9033 1) h. DNA Climber(91138) i. Transfer System (313) (2-ft Rise) (91035) j. Leaning Wall Climber(90251) k. Climber Entryway (3D) (912 10) 1. Access Attachment(80656) M Transfer Platform (313) (9103 1) n. Curved Zip Slide (90193) o. Seat and Table for Two (81665) P. Drivers Panel (91024) q. 2-5 Crunch Bar(81696) r. Climber Entry (313) (90104) S. Schooner Climber(91210) B. Refer to layout drawings and schedules of components and accessories on drawings, Exhibit B. C. All components,accessories,hardware,and other items required for a complete and usable system shall be provided. 11 68 00-3 - INSTALLATION 3.1 Installation A. General—Comply with manufacturer's written installation instructions. See attachments. B. Uprights — Set posts in concrete footings. Protect finish during installation. Comply with locations, height, and plumb requirements. C. Footings for the playground structure shall be properly engineered and approved by the City prior to installation. Footing information shall include loading information for the play structures, soil information for the site, and footing dimensions including rebar sizing and spacing. V-A-5 Agreement No. 5657 3.2 Field Quality Control A. Installation shall be performed by factory certified technicians with at least 3 years' experience installing playground equipment. 3.3 Completion A. When the installation and construction of the playground has been completed,the Contractor shall clean and protect the site from damage. Existing site features that have been damaged from the construction must be restored to original condition at the Contractor's expense. B. Site and play equipment must be cleaned of all materials associated with the construction. C. Touch up, repair, or replace damaged products before substantial completion. D. Excess waste and material not used for the project must be properly and legally removed and disposed of at project completion. E. Installer shall turn over all installation instructions, parts lists, maintenance instructions, tool kits, and spare materials to the owner upon completion. END SECTION 11 68 00 V-A-6 Agreement No. 5657 SECTION 32 1816.13 PLAYGROUND PROTECTIVE SURFACING 32 18 16.13-1 - GENERAL 1.01 Summary A. This section specifies the requirements for all pour-in-place, resilient surfacing system as shown in the attached specification and detail drawing as part of these specifications. Contractor shall refer to and adhere to the requirements of the attached GTIMPAX specification. 32 18 16.13-1 —PRODUCTS A. See exhibit C. 32 18 16.13-1 - EXECUTION A. See exhibit C. END SECTION 32 18 16.13 V-A-7 Agreement No. 5657 PW 18-33 — Folly Valley Playground Project E x h A Agreement No. 5657 91 d III A � p ul Iul9 IltiliVi�f�Il�uit�119 II uul �� dull I�M1i NNNN I u lV IVii� l Il' A Pj?:4"$' ORE company 8/6/2018 GT Events Specifications General System Specifications: The uprights shall be factory drilled to ensure accurate placement of components and ease of installation.Field drilling and measuring are not required.GT Events are direct bolt products NOT a clamp system.All uprights shall receive factory installed aluminum post caps and shall be shipped with a factory applied label indicating proper surfacing level. All decks and components shall connect to support posts by means of a through-bolt connection for strong,durable connections. Deck/Collar attachments shall not be acceptable. Manufacturer shall offer the following warranties on the materials and components of its system: -LIFETIME LIMITED WARRANTY ON SUPPORT POSTS(UPRIGHTS) - 15 YEAR LIMITED WARRANTY ON PUNCHED STEEL DECKS,PIPES,RAILS,LOOPS AND RUNGS - 15 YEAR LIMITED WARRANTY ON ROTOMOLDED POLYETHYLENE COMPONENTS -LIFETIME LIMITED WARRANTY ON POWERLOCK AND HARDWARE Manufacturer shall be ISO 9001/2008 certified Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F 1487-07ae 1. Swings BELT SEAT Commercial Belt Seat-an extra piece of fluted rubber at the front and back of seat gives it a cushion bumper. Seats shall be furnished with factory installed "S"Hooks. CHAIN:(a)Material:7/32"diameter steel wire. (b)Dimensions(inside for each link):3/8"wide, 1-3/8" long. (c)Finish:Chain shall be hot dipped galvanized.(d)Type of construction:4/0 welded link coil chain. COATED CHAIN: Shall be standard 7/32"diameter steel wire chain with a 1/8"(nominal)thickness of color-impregnated polyvinyl coating with U.V.inhibitors. STAINLESS STEEL CHAIN:(a)Material:7/32"diameter steel wire. (b)Dimensions(inside for each link):3/8"wide, 1-3/8" long. (c)Type of construction:4/0 welded link coil chain. HARDWARE:All nuts,bolts,screws,inserts,and lockwashers used in the assembly of all play equipment,shall be stainless steel, yellow dichromate plated stce.l,blue-coat plated steel,mechanically galvanized or powder coated/yellow d'ichroinate plated steel.All primary ffisteners shall be 300 series stainless steel. Fasteners with yellow dichromate treatment have raja clectro,deposited'.99.9%pure zinc substrate applied from a specially formulated sola,ation scaler)with a yellow dichroanate trap coat designed to work in conjunction with the zinc plating.Yellow dichromate has a 320%longer life to white corrosion and 27511' longer to red corrosion than does hot- dip galvanizing. PRIMETIME SWING TOPRAIL AND ARCH: Shall be fabricated of 3-1/2"O.D.(13 Gauge)galvanized steel tubing.Arch includes a welded 3-1/8"O.D. galvanized steel sleeve to which the toprail is fastened. 1 Agreement No. 5657 ,Mmol lilllll q p � r 1ffi''!'I ' II�IIIN�uuuu�f'I�� u�yiill�� II o0o ul lll��il r I Ti�� liilll I��11��tillud��^qN ySSiio I I VIII ' par I lu, I��I y II ��II mm 011ull ui Vj�lrluu l A P[!D..•y'CORE company FINISH: Shall be an electrostatically applied custom formula of TGIC polyester powder with baked finish. Specify color desired. HARDWARE:All nuts,bolts,screws, inserts,and lockwashers used in the assembly of all play equipment, shall be stainless steel,yellow dichromate plated steel,blue-coat plated steel,mechanically galvanized or powder coated/yellow dichromate plated steel.All primary fasteners shall be 300 series stainless steel. Fasteners with yellow dichromate treatment have an electro-deposited,99.9%pure zinc substrate applied from a specially formulated solution sealed with a yellow dichromate top coat designed to work in conjunction with the zinc plating. Yellow dichromate has a 320%longer life to white corrosion and 275%longer to red corrosion than does hot-dip galvanizing. PowerScape Plus Specifications General System Specifications: PowerScape®Plus features 5" O.D. uprights with a positive bolt-through PowerLock fastening system. The uprights shall be factory drilled to ensure accurate placement of components and ease of installation. Field drilling and measuring are not required. PowerScape®Plus is a direct bolt system NOT a clamp system. All uprights shall receive factory installed aluminum post caps and shall be shipped with a factory applied label indicating proper surfacing level. All decks and components shall connect to support posts by means of a through-bolt connection for strong,durable connections. Deck/Collar attachments shall not be acceptable. All climbing attachments shall include a 15""wide deck entry archway to control deck access to one child at a time and help prevent inadvertent falls. Manufacturer shall offer the following warranties on the materials and components of its system: -LIFETIME LIMITED WARRANTY ON SUPPORT POSTS(UPRIGHTS) - 15 YEAR LIMITED WARRANTY ON PUNCHED STEEL DECKS,PIPES,RAILS,LOOPS AND RUNGS - 15 YEAR LIMITED WARRANTY ON ROTOMOLDED POLYETHYLENE COMPONENTS -LIFETIME LIMITED WARRANTY ON POWERLOCK AND HARDWARE Manufacturer shall be ISO 9001/2008 certified Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F 1487-07ae 1. General Specifications of Materials: POWDER COAT FINISH Shall be an electrostatically applied custom formula of TGIC polyester powder.All components will be free of sharp edges and excess weld spatter and shall be cleaned in a four stage solvent/zirconium based bath system(free of iron phosphate),as a rust inhibitor,and a zirconium conversion coating to prevent flash rusting before coating.In addition,all welds shall be protectively coated with ZRP,a zinc rich primer that forms a rust-resistant barrier layer over each weld prior to application of the powder coating. The powder coating shall have a super tough finish with maximum exterior durability and will have superior adhesion characteristics.Typical characteristics are:Two coat process to achieve 3.0-5.0 mil thickness and oven cured between 350 degrees Fahrenheit.Pencil Hardness H(ASTM D-3363),Impact(ASTM D-2794-69),Wedge Bend(ASTM D-522-68),Adhesion(Cross Hatch ASTM D-3359 &Knife Scratch ASTM D-2197), Environmental(Stain Resistance ASTM D-1308,Humidity ASTM D-2247-87,Salt Spray ASTM B-117&Fadometer 300 hrs with no loss of gloss),Over-bake Stability 100%at 350 degrees Fahrenheit for 10 minutes. Punched Steel & Coated Components: 2 I I, IIII''�M'YIN��N�ii I�vIIIiN i i l I G uu�JI�,� ,IIh IIw,„upr,Pma�� VIII Agreement No. 5657 mlhdllllfp,u�filil��l��}�Ali W°Rig uuu A pj#..'CORE company PUNCHED STEEL DECKS AND PVC COATED COMPONENTS All punched steel products shall be fabricated from 12 gauge punched steel with a protective p&o finish.Coated products shall consist of a welded assembly with an oven cured matte finish polyvinyl chloride(PVC)coating with a minimum coating thickness of.080". All decks shall be exclusively dipped utilizing the DuraWear process with an extra thick coating on the top of the deck.The PVC coating shall have a hardness of Shore A 83+/-5 normal durometer range.This material is classed as"Self Extinguishing",meets or exceeds automotive specifications NVSS302,and contains ultraviolet inhibitors to help prolong the life of the coating. The PVC coating shall contain pthalate levels in concentrations of 1/10 of 1%or lower. For ADA Ramp Accessible decks and ramps,the hole shall measure 1/4"diameter after coating. For standard decks and ramps,the hole size shall measure 1 1/4" diameter after coating. DECKS,TRIANGULAR Shall have a minimum surface area of 1,039 square inches,maintaining a full 49"center to center spacing on the upright posts.The triangular platform shall be fabricated in conformance with the punched steel specifications outlined herein.The deck frame shall be fabricated from 3/16"x 3-1/2"hot rolled steel with corner supports fabricated from 1/4"x 3-1/2"hot rolled steel. Intermediate supports,fabricated from 1/8"x 2-1/2" hot rolled steel,shall be welded at the intersections forming a rigid support grid underneath the deck surface.The deck shall be a one-piece welded assembly,coated after fabrication with an oven cured matte finish polyvinyl chloride(PVC)coating in accordance with the specifications herein.Each triangular deck shall be directly bolted to the upright posts with six 3/8"diameter button-pin-in-head,hex socket cap screws in accordance with the hardware specifications herein. Upper Body Development Components: CRUNCH BAR Shall be fabricated from 1-1/16" O.D.x.075"(15 gauge)wall galvanized steel tubing and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein. PowerScape Specifications General System Specifications: PowerScape®features 5" O.D. uprights with a positive bolt-through TRU-LOC fastening system. The uprights shall be factory drilled to ensure accurate placement of components and ease of installation. Field drilling and measuring are not required. PowerScape®is a direct bolt system NOT a clamp system. All uprights shall receive factory installed aluminum post caps and shall be shipped with a factory applied label indicating proper surfacing level. All decks and components shall connect to support posts by means of a through-bolt connection for strong,durable connections. Deck/Collar attachments shall not be acceptable. All climbing attachments shall include a 15""wide deck entryway or archway to control deck access to one child at a time and help prevent inadvertent falls. All decks and components shall connect to support posts by means of a through-bolt connection for strong,durable connections. Deck/Collar attachments shall not be acceptable. All climbing attachments shall include a 15""wide deck entry archway to control deck access to one child at a time and help prevent inadvertent falls. Manufacturer shall offer the following warranties on the materials and components of its system: -LIFETIME LIMITED WARRANTY ON SUPPORT POSTS(UPRIGHTS) - 15 YEAR LIMITED WARRANTY ON PUNCHED STEEL DECKS,PIPES,RAILS,LOOPS AND RUNGS - 15 YEAR LIMITED WARRANTY ON ROTOMOLDED POLYETHYLENE COMPONENTS -LIFETIME LIMITED WARRANTY ON TRU-LOCKS AND HARDWARE Manufacturer shall be ISO 9001/2008 certified 3 VE ,..W Agreement No. 5657 "' � ilu�illlllll l III � i IuuupulmuuollNuuuollili i i ui�umm�� II�IIIIIIII��i�� u A r 4,!A I(CORE company Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F 1487-11. General Specifications of Materials HARDWARE All nuts,bolts,screws, inserts,and lockwashers used in the assembly of all play equipment shall be stainless steel,yellow dichromate plated steel,blue-coat plated steel,mechanically galvanized or powder coated/yellow dichromate plated steel.All primary fasteners shall be 304 alloy stainless steel. Fasteners with yellow dichromate treatment have an electro-deposited,99.9%pure zinc substrate applied from a specially formulated solution sealed with a yellow dichromate top coat designed to work in conjunction with the zinc plating.Yellow dichromate has a 320%longer life to white corrosion and 275%longer to red corrosion than does hot-dip galvanizing. PowerScape Plus stainless steel fasteners shall be button pin-in head,hex socket cap screws with a two-part epoxy locking patch added to the threads.The two-part locking patch shall consist of one part resin and one part catalyst which are activated during installation.After curing,the material shall require a minimum of five times the installation torque to remove the fastener. Manufacturer shall provide special installation tools for pinned fasteners. POWDER COAT FINISH Shall be an electrostatically applied custom formula of TGIC polyester powder.All components will be free of sharp edges and excess weld spatter and shall be cleaned in a four stage solvent/zirconium based bath system(free of iron phosphate),as a rust inhibitor,and a zirconium conversion coating to prevent flash rusting before coating.In addition,all welds shall be protectively coated with ZRP,a zinc rich primer that forms a rust-resistant barrier layer over each weld prior to application of the powder coating. The powder coating shall have a super tough finish with maximum exterior durability and will have superior adhesion characteristics.Typical characteristics are:Two coat process to achieve 3.0-5.0 mil thickness and oven cured between 350 degrees Fahrenheit.Pencil Hardness H(ASTM D-3363),Impact(ASTM D-2794-69),Wedge Bend(ASTM D-522-68),Adhesion(Cross Hatch ASTM D-3359 &Knife Scratch ASTM D-2197),Environmental(Stain Resistance ASTM D-1308,Humidity ASTM D-2247-87, Salt Spray ASTM B-117&Fadometer 300 hrs with no loss of gloss),Over-bake Stability 100%at 350 degrees Fahrenheit for 10 minutes. ROTATIONALLY MOLDED PRODUCTS All polyethylene shall be linear low-density material with UV-stabilized color and an anti-static compound additive.All rotationally molded products shall meet or exceed the following specifications:ASTM D-1248,type 2,class A and Federal specification LP-390C, type 1,class M,grade 2,category 3;Density(ASTM D- 1505);Brittleness Temperature(ASTM D-746);Tensile Values(ASTM D- 638);Flexural Modulus(ASTM D-790);Heat Distortion(ASTM-648);Low Temperature Impact(ARM-STD). ENTRYWAY 3D ENTRYWAY 3D The Entryway shall be fabricated of 1-1/16"O.D.x.075"(15 gauge)and 1-5/16"O.D.x.083"(14 gauge)wall galvanized steel tubing,3/16" Hot Rolled Mounting Tab and .083"(14 gauge)punched galvanneal steel in-fill.The Entryway shall be an all welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein.The HDPE Trim shall be made from 1/2"thick(solid)high density,UV-stabilized and color impregnated polyethylene. Uprights & Upright Accessories: TRU-LOC CONNECTION The Tru-Loc shall incorporate an aluminum casting in a distinctive purpose mounting system that allows a rung panel to mount to the upright. The Tru-Loc connector will have a matching counterpart for flat panel connections.Each is bolted directly into the upright post through a factory located and installed connection and designed to eliminate protrusions.Each shall be die cast of 380 aluminum alloy,to resist corrosion. Minimum tensile strength shall be 45,000 psi,minimum yield strength shall be 22,000 psi.All connectors shall be coated with a custom formula of TGIC polyester powder coating,in conformance with the specifications outlined herein. 4 Agreement No. 5657 4Oi ul v1^"i4tllllp �� ,,," �N III ipiipp�11�11�0��11�1 i Illl�tiluil��lll�ll�l��ll}�1�44„� ” YI 00lpffhl uuui��ill�llhy°SII II. „ I llme ,,IfllY uou' II ��yllltitititi�q�l�ll uu{ ...��✓""��✓/� A RJl 4'I;'CORE company UPRIGHTS,ALUMINUM Shall be 5"outside diameter tubing, 1/8"wall thickness,extruded from 6005-T5 aluminum alloy conforming to ASTM-B-221. Minimum yield strength shall be 35,000 psi and minimum tensile strength shall be 38,000 psi. All upright posts shall have a finished grade line marking to indicate the correct playground safety surface level.All upright posts shall be coated with a custom formula TGIC polyester powder coating in conformance with the specifications outlined herein. UPRIGHT CAPS The standard upright cap shall be an aluminum cap,cast from a 383 alloy,powder coated to match the upright.Every upright cap shall receive a primer coat for maximum protection. All upright caps are permanently installed at the factory using aluminum self-sealing rivets. Punched Steel & Coated Deck Components: PUNCHED STEEL DECKS AND PVC COATED COMPONENTS All punched steel products shall be fabricated from 11 gauge punched steel with a protective p&o finish. Coated products shall consist of a welded assembly with an oven cured matte finish polyvinyl chloride(PVC)coating with a minimum coating thickness of.080". All decks shall be exclusively dipped utilizing the DuraWear process with an extra thick coating on the top of the deck.The PVC coating shall have a hardness of Shore A 83 +/-5 normal durometer range.This material is classed as"Self Extinguishing",meets or exceeds automotive specifications NVSS302,and contains ultraviolet inhibitors to help prolong the life of the coating. The PVC coating shall contain pthalate levels in concentrations of 1/10 of 1%or lower. For ADA Ramp Accessible decks and ramps,the hole shall measure 1/4"diameter after coating. For standard decks and ramps,the hole size shall measure 1 1/4"diameter after coating. DECKS, SQUARE Shall have a minimum surface area of 2,381 square inches,maintaining a full 49"center to center spacing on the upright posts.The 49" square deck shall be fabricated in conformance with the punched steel specifications outlined herein.The deck frame shall be fabricated from 3/16"x 3-1/2"hot rolled steel with corner supports fabricated from 1/4"x 3-1/2"hot rolled steel.Intermediate supports,fabricated from 1/8"x 2-1/2"hot rolled steel,shall be notched and welded at the intersections forming a rigid 12" support grid underneath the entire deck surface.The deck shall be a one-piece welded assembly,coated after fabrication with an oven cured matte finish polyvinyl chloride(PVC)coating in accordance with the specifications herein.The square deck shall be directly bolted to the upright posts with eight 3/8"diameter button-pin-in-head,hex socket cap screws in accordance with the hardware specifications herein. TRANSFER PLATFORM 3D TRANSFER PLATFORM 3D The Transfer Platform shall be fabricated of 1.029"O.D.x.072"wall galanized pipe, 1-5/16"O.D.x.083"wall galvanized pipe, 14 Gauge x 1.5"galvanized steel purchased pipe cap, 3/16" Hot Rolled Mounting Tab and .083"(14 gauge)punched galvanneal steel in- fill.The Transfer Platform shall be an all welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein.The HDPE Trim shall be made from 1/2"thick (solid)high density,UV-stabilized and color impregnated polyethylene. TRANSFER SYSTEM 3D The Transfer System shall be made from 14 gauge punched steel with a protective P&O finish in conformance with the specifications outlined herein.The transfer system shall be a one-piece welded assembly finished with the matte PVC coating per the specifications herein. Handrails and attachment rails shall be fabricated from 1.135" O.D.x.083"(14 gauge)wall galvanized steel tubing.The frame assembly shall be coated with a custom formula of TGIC polyester powder in conformance with the specifications outlined herein, 5 I,;„I� WVI�i 1�",I��uhM VIIIIIIU,�II WW � Agreement No. 5657 '' Illlllil°°illniill � III"" SII A PNYCORE after fabrication,HDPE panels shall be made from 1/2"thick(solid)high density,UV-stabilized, laminated and color impregnated polyethylene. Roofs & Arches: FABRIC SAIL Roof frame shall be fabricated from 5"outside diameter,7 gauge galvanized round tubing. The roof frame components shall be all welded assemblies and shall be coated with a custom formula of TGIC polyester powder,after fabrication in conformance with the specifications outlined herein. Wire rope is V4"nominal diameter,7 strand, 19 wires per strand(minimum),with nominal tensile strength of 9,000 pounds. Fabric panels shall be made from high density polyethylene with ultra violet additives. The construction shall be a monofilament and tape construction,Rachel knitted to ensure material will not unravel if cut. Climbers: DNA CLIMBER The DNA climber shall be fabricated from 1-5/8" O.D.x.083"(14 gauge)wall galvanized steel tubing with horizontal rails fabricated from 1-1/16"O.D.x.075"(15 gauge)wall galvanized steel tubing. The DNA climber assembly shall be an all welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein.PowerScape DNA climber shall include an entry archway or entryway in accordance with the specifications herein. LEANING WALL CLIMBER Shall be fabricated from 1-5/8" O.D.x.083"(14 gauge)wall galvanized steel tubing frame.The climber frame assembly shall be coated with a custom formula of TGIC polyester powder in conformance with the specifications outlined herein,after fabrication.The Leaning wall panel shall be made from 3/4"thick(solid)high density,UV-stabilized, laminated and color impregnated polyethylene. PowerScape Leaning Wall climber shall include an entry archway or entryway in accordance with the specifications herein. SCHOONER CLIMBER The Schooner Climber shall be fabricated from 1-5/16"O.D.x.083"(14 gauge)wall galvanized steel tubing with horizontal members fabricated of 1-1/16" O.D.x.075"(15 gauge)wall galvanized steel tubing and a mounting plate fabricated from 3/16"thick stainless steel.The ladder assembly shall be an all-welded construction and shall be coated with a custom formula of TGIC polyester powder coating in conformance with the specifications outlined herein,after fabrication.The Schooner Climber shall include an Offset Entry Archway or entryway in accordance with the specifications herein. Panels: HDPE PANELS Shall be made from 3/4"thick(solid)high density, UV-stabilized and color impregnated polyethylene.The PowerScape mounting frame shall be fabricated from 1-5/16"O.D.x.083"(14 gauge)wall galvanized steel tubing and shall be coated after fabrication,with a custom formula of TGIC polyester powder in conformance with the specifications outlined herein DRIVERS PANEL Driver's panel shall be manufactured with UV-stabilized color impregnated linear low density polyethylene and shall conform to the rotationally molded specifications outlined herein.The panel wall shall have minimum 0.25'wall thickness Slides: ZIP SLIDES(SINGLE&DOUBLE BEDWAY,AND RUMBLE&ROLL) 6 Agreement No. 5657 .. .......................u....._ ......... IryIIry N�y�il� IIII IVIIII��NNN�IVII17p ��y � fll ,, mumlpplVl� it I �� ..ulll�illlllllly Y(III � ,,i 111111„.II!'lillu I l��qr�U,<Ilni a yilll uuumi.... A Pl#i CORE company Zip Slides and hoods shall be color impregnated linear low-density polyethylene and shall conform to the rotationally molded specifications outlined herein with double wall construction molded to a minimum .25”wall thickness. Single bedway Zip Slides shall have a minimum inside bed width of 17.5"while double bedway Zip Slides shall have a minimum inside bed width of 16.5"on each bedway. Outside rails are at least 7"high when measured from the centerline of the bedway surface.The angle of descent shall be no greater than 50°.Each Zip Slide works in conjunction with a rotationally molded hood that has an integrated cross bar which force users to a seated position.The exit section of the bedway shall have a minimum 40" radius for a smooth transition from the slide chute to the run-out area.The run-out shall be angled at a maximum of 4°with an integrated drain at 5°to reduce pooling of water.Zip Slides bolt directly to the deck and to the slide hood. 7 1 iI M,lll�;,lnl„In�ml l�� m Agreement No. 5657 IOW 18-33 — Holly Valley Playground Project Exhibit Agreement No. 5657 IIIIIIIIIIIIII I �ip�y � I � �lll�ylllllll�� III I III I�il��hlillll III„�IIN ,'„ IIII � � luia�gq19uIIIN1I�I� I IIII � If�,a�lr4.. 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Agreement No. 5657 N N ,x,17 fm 1 T7Y n m O O 1\ P O F WN WWWW Z O O F 1 Fa� n .h g�iz o� C AS 26o M7 W'r 4@1 '4p7 7 u��ur^O p nN N f N „�, 14 N p � N I O 17 ai ?. I tl N tl N tl I N N I N N S car N b sn I •B �4 w�Y 0 N I I 'N' �,, r.iallurcunM ivwriw 4 � ._ ,wwwro�, in in W rµmir 17'0, cel rcr- B T . ;RJ r F-)'��om wg wtId v'_a , 1� *- N in 4�JCY O r,w 0,,. +-r-+-w•� �T+F t�+A K'�'�aW'AN�'d"*a7 arII,C7 p� '�- .-i,•.� IIII u Y �c+n N;'� 'wz' .. Agreement No. 5657 PW 18-33 - dolly Valley Playground Project E x hib c X. Agreement No. 56018 Impact Absorbent Accessible Surfacing SECTION 32 18 16.13 PLAYGROUND PROTECTIVE SURFACING PART 1 - GENERAL 1.1 SCOPE A. Furnish labor, material, and equipment necessary to install the poured-in-place, resilient surfacing system as shown on the drawings and specified herein. a. Work shall include, but not be limited to the following: layout; excavation; backfill;furnishing and installing of base material; furnishing and installing of poured-in-place, resilient surfacing and all other incidental work to provide a complete resilient surfacing system. b. Poured in place playground surfacing shall consist of a polyurethane binder mixed with 100% recycled, shredded tire material which will make up the Cushion Layer. The Cushion Layer is capped with EPDM, TPV or Treated SBR rubber granules mixed with a polyurethane binder creating the Wear Course. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. Manufacture is to be certified by IPEMA, a third-party testing organization for playground surfaces and equipment. 1.2 PERFORMANCE REQUIREMENTS A. Area Safety: Poured in place within playground use zones shall meet or exceed the performance requirements of the CPSC, ADA and Fall Height Test ASTM F1292-17a.The surface must yield both a peak deceleration of no more than 200 G-max and a Head Injury Criteria (HIC)value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. IPEMA certification is required. (ASTM F1292-17a section 4.3.3: The laboratory test used to determine critical fall height shall have been conducted on surfacing material samples identical in design, materials, components, and thickness and manufactured as the installed playground surface). B. Accessibility: NOTE: Children's outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED-STD-795 and the Architectural and Engineer Instructions (9AE1) Design Criteria. C. The requirements of the Americans with Disabilities Act. Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children's outdoor play areas. D. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951-14 and ASTM F1292-17a. Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 1 Agreement No. 51EW/Po18 Zw, Impact Absorbent Accessible Surfacing 1.3 APPLICABLE STANDARDS A. ASTM International B. ASTM C1028 - Standard test method for determining the static coefficient of friction of ceramic the and other like surfaces by the horizontal dynamometer pull meter method. This standard replaces ASTM D2047. C, ASTM D12 — Standard test methods for vulcanized rubber and thermoplastic rubbers and thermoplastic elastomers-tension. D. ASTM D624 - Standard test method for tear strength of conventional vulcanized rubber and thermoplastic elastomers. E., ASTM D2859—Standard test method for flammability of finished textile floor covering materials. F. ASTM E303 — Standard test method for measuring surfacing frictional properties using the British Pendulum tester. & ASTM F1292-17a — Standard specification for impact attenuation of surface systems under and around playground equipment. H. ASTM F1951—Standard specification for determination of accessibility of surface systems under and around playground equipment. 1.4 Poured in place surfaces shall be manufactured and installed by trained, experienced company employees or certified installers who have successfully completed the "Certified Installers Training Program" required byTotTurf". 1.5 Submittals: The following shall be submitted: A. The Contractor shall submit, five (5) complete sets of the material submittals, including manufacturer's name and address, specific trade names, catalog and model numbers, illustrations and descriptive material, and samples of the proposed material for this project clearly marked as to proposed items for approval by the Owner's representative. B. Products submitted as equal must include hard copies of manufactures written specifications and warranty. C. Manufacturer's descriptive data and installation instructions. D. Manufacturer's details showing depths of Wear Course and sub-base materials, anchoring systems and edge details. Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 2 ESTIMP'nov"lohl— Agreement No. 56,67o187o18 Impact Absorbent Accessible Surfacing E. Upon request, a listing of at least five installations where products similar to these proposed for use have been installed and have been in service for a minimum period of 3 years. The list shall include owner or purchaser, address of installation, date of installation, contact person, and phone number. F. A signed statement by an authorized official certifying that the surfacing system meets the requirements of ASTM F1292-17a for a head-first fall from the highest accessible portion of the specified playground equipment. G. A signed statement from the manufacturer of the poured in place surfacing attesting that all materials under this section shall be installed only by the Manufacturer's Trained Installers. H. A Certificate of Insurance shall be provided by manufacturer for poured in place surfacing for use as playground safety surfacing, covering general and product liability, of not less than $1,000,000 for each occurrence, $2,000,000 general aggregate, with an excess/umbrella liability of $25,000,000. The issuing underwrite shall be AA rated. I. IPEMA Certification mandatory 1.6 Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer's recommendations. 1.7 Project Site Conditions: Poured in Place surfacing must be installed on a dry sub-surface, with no prospect of rain within the initial drying period,and within the recommend temperature range of the manufacturer. Installation in weather condition of extreme heat,cold(less than 55 degrees F),and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look. 1.8 Sequencing and Scheduling: Poured in Place surfacing shall be installed after all playground equipment, shade structures, signs and any other items that will be within the surfacing area. Coordinate with General Contractor. 1.9 Surface installation coordinated by manufacturer representative. 1.10 Warranty: Poured in Place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship AND material for a limited five (5) year period or as specified and agreed upon per alternate contract. Warranty will be specific to maintenance requirements and performance standards of completed product. Warranty is Void if not installed by Manufacturers Trained and Certified Poured in Place Surfacing Installers. Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 3 sT I M R)WXT" Agreement No. M6RI18 Impact Absorbent Accessible Surfacing PART 2—PRODUCTS 2.1 Safety surfacing shall consist of both recycled and synthetic materials meeting the requirements of this specification.The type of safety surfacing shall be GT ImpaxTr, , manufactured and installed by GT ImpaxTM., or it's Certified Installers. Telephone 800-235- 2440. 2.2 Product Scope A. Poured in Place Surface:The poured in place surface shall consist of 100 percent recycled granulated and or shredded tire material mixed with a polyurethane binder, then capped with either an EPDM,TPV an aliphatic binder or aromatic binder. B. It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface. C. The type of safety surfacing shall be a poured-in-place system and shall be indicated on the drawings. 2.3 Cushion Layer Section A. Impact Attenuating Cushion Layer: Cushion Layer consists of recycled styrene butadiene rubber (SBR) adhered with a 100 percent solids polyurethane binder to form a resilient porous material. B. Strands of SBR may vary from 0.5 mm—2.0 mm in thickness by 3.0 mm —20 mm in length. C. SBR Crumb Rubber(5-9 Mesh) using sieve analysis ASTM D5644 with a fiber content of.1% or less mixed in. D. Foam or standard rubber granules are not to be permitted in Cushion Layer, E. Binder shall be between 10-14 percent of the total weight of the material, and shall provide 100 percent coating of the particles. F. The Cushion Layer shall be compatible with the Wear Course and must meet requirements herein for impact attenuation. 2.4 Wear Course A. Wear Course shall consist of Ethylene Propylene Diene Monomer (EPDM),Thermal Plastic Vulcanized (TPV) granules with polyurethane binder formulated to produce an even, uniform, seamless surface. Installation of surfacing shall be seamless (unless otherwise agreed upon by Owner) and completely bonded to concrete of asphalt subsurface. Material shall cover all foundations and fill around all elements penetrating the surface. B. EPDM shall be peroxide cured with an EPDM content of 26 percent and shall include a processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability. Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 4 M P'Al)<Tww Agreement No. 567018 Impact Absorbent Accessible Surfacing C. ASTM D2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. D. Size of EPDM granules shall be 1.5-4 mm across. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. E, TPV shall be angular granules with a (Shore A) hardness of 65'A±5 and particle size between 1-4mm. Binder shall be not less than 20 percent of total weight of rubber used in the wear surface, and shall provide 100 percent coating of the particles. F. Thickness of Wear Course shall be a minimum % inch (12.7 mm). G. The Wear Course shall be porous. 2.5 BINDER A. No Toluene Diphenyl Isocyanate (TDI) shall be used. B. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. C. Weight of polyurethane shall be no less than 8.5 lbs./gal (1.02 Kg/1) and no more than 9.5 lbs./gal (1.14 Kg/1). D. Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed original quality. 2.6 (TPV) INSERTS A. TPV Insert—Thermal Plastic Vulcanized (TPV) angular granules with a (Shore A) hardness of 65°A± 5 and particle size between .5-1.5 mm shall be used. B. Thickness of the TPV Insert shall be %"—5/8" inch. C. TPV Insert shall be porous. D. Aromatic or Aliphatic urethane to be used as a binder. E. Location—TPV Insert to be installed under swings, swing bays, slide exits. Customer to approve location of wear mat inserts. F. Standard Color TPV .5-1.5mm to be used. Colors include four standard colors:Terra Cotta Red, Blue, Green, and Beige. G. Size: Swing bay use locations shall have TPV Inserts inclusive of all outside bay structure poles. Singular swings and slide exits shall be 4'x4'x1/2" in thickness. Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 5 im' A 1.., Agreement No. 56�y7018 Impact Absorbent Accessible Surfacing 2.7 MATERIALS A. Wear Course—EPDM Granules and/or TPV Granules Manufacturer: Rosehill Polymers and NH Rubber Products As Distributed by: GT Impax Surfacing 800-235-2440 Location Used: Playground Area B. Cushion Layer—GT Impax° Shredded SBR As Distributed by: GT Impax Surfacing 800-235-2440 Location Used: Playground Area C. Binder—Aromatic VORAMER MR Products Manufacturer: DOW Chemical As Distributed by: GT Impax Surfacing 800-235-2440 Location Used: Playground Area D. Binder—Aliphatic Urethane Premium, Non-Ambering Manufacturer: Accella Polyurethane Systems As Distributed by: GT Impax Surfacing 800-235-2440 Location Used: Playground Area PART 3—EXECUTION 3.1 SITE PREPARATION (OWNER OR OWNERS REPRESENTATIVE SHALL) A. Finished Grade/Slope:Verify that finished elevations or adjacent areas are as indicated on the architectural or site plans, that the appropriate sub-grade elevation has been established for the particular safety surface to be installed, and that the subsurface has been installed per architectural, site or equipment plans while meeting accessibility and use zones requirements. B. Aggregate Sub Base:Tolerance of aggregate sub base shall be with 3/8" inch (10mm) in 10' ft. (3050 mm). Verify that aggregate sub base has been fully compacted. Per ADA Guidelines: compacted Aggregate sub base—4" inches of 3%" inch minus irregular stone with fines compacted to 95% percent in 2" inch watered lifts. C. Concrete Sub Base:Tolerance of concrete or bituminous sub base shall be with 1/8" inch (3.0 mm) in 10'feet (3050 mm). Per ADA Guidelines: Concrete a minimum of 3' —4' inches at a minimum 2500 PSI. Concrete must cure for 7 days prior to application of cushion layer. Concrete must cure 28 days if wear course is to be applied directly to concrete surface. If Poured in Place surfacing is installed, verify that the Concrete Sub Base has cured (all areas appear white in color usually at 7 days) and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry. D. Asphalt Sub Base: Asphalt cure time requires 14 days. Once the new asphalt has cured, it must be pressure washed prior to the surfacing being installed.The contractor shall be responsible for flooding the pad to ensure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to the arrival of our installation crews. Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 6 GTIMP'091%1. Agreement No. 56'..Fj7b18 Impact Absorbent Accessible Surfacing E. Drainage: Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. 3.2 INSTALLATION A. Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installation of surfacing shall be seamless up to 2,000 square feet per day and completely bonded to concrete of sub base. Material shall cover all foundations and fill around all elements penetrating the surface. B. Cushion Layer: Whenever practical, cushion layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam (see detail) and fully coat the step of the previous work with polyurethane binder to ensure 100 percent bond with new work. Apply adhesive in small quantities so that new cushion layer can be placed before the adhesive dries. C. Wear Course: Wear Course must be either quality peroxide cured EPDM,TPV or Treated SBR granules. Wear surface shall be bonded to Cushion Layer. If necessary, additional primer will be used between the cushion layer and Wear Course. Apply adhesive to Cushion Layer in small quantities allowing the Wear Course to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even finish. Except continuous and seamless up to 2,000 square feet per day(contact sales representative for seamless in excess of 2,000 square feet). Where seams are required due to color change, size or adverse weather, a step configuration will be constructed to maintain Wear Course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a top coat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with owners written approval seams may be permitted in same color pad. Consult with manufacturer for specific applications. D. Perimeter: For installations over existing concrete, the perimeter must be saw cut to provide a keyway 1" inch deep x 1" inch wide, or formed during the pour, with surfacing rolled down into the void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or border, the inside vertical edge shall be primed with adhesive and the final 2" inches of the cushion layer shall be tapered to allow the wear surface material to be 1.5" —2" thick where it joins the concrete E. Asphalt: When installing over new asphalt, a curb or other type of border is recommended around the entire pad to separate the new surface from other ground materials. Primer adhesive must be applied to the inside vertical edge of the border before poured in place surface installation. F. Asphalt: When installing over existing asphalt, a key way cut of 1" inch deep by 1" inch side for the poured in place to taper into and terminate with required ADA slope. & Thickness: Construction methods such as the use of measured screeds or guides shall be employed to ensure that the full depth of specified surfacing material is installed. Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein. Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 7 I M Agreement No. 505/ o18 �'9'MM PA)'000 Impact Absorbent Accessible Surfacing H. Clean Up: Manufacturer installers shall work to minimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned. I. Protection:The safety surface shall be allowed to fully cure in accordance with Manufacturer's instructions.The surface shall be Protected by the owner from all traffic during the curing oeriod of 48 hours or as instructed by the Manufacturer. J. Manufacturer Services: For poured in place safety surfacing, a manufacturer's representative who is experienced in the installation of playground safety surfacing shall be provided.The representative shall supervise the installation to ensure that the system meets the impact attenuation requirements as specified herein. 3.3 SITE AREA CLEAN UP A. The site shall be kept clean and free of tools, trash, and debris and installation materials on a daily basis. Products may be stored on site during installation with appropriate protective measures and approval by the Owner's representative. END OF SECTION Safety Surfacing for Playgrounds.GT Impax Surfacing.800.235.2440 Copyright 2018,All rights reserved.All Information contained with is subject to change without notice 8 j eL w asz uo c d c^ °f,�oz Ln j�rO�O�UyU Z gAaa �o4 v i c Uy �y iii W U') U jp N 6 o aZG ...�r � rr. �Qi� Asa z� N ui N ~No d m Q 4 �`� m 2�ZUi ow0 u�� %w NF rl `fi O U'' w Yy O Y r ✓?� ' LL+ 7 S U � 14 '�C+ O�jG pay z Q � c�Z CD V A Ln kc -40 cn C� O to v O � V N � � N N N