Gardena City Council
November 8, 2022

REQUEST FOR PROPOSAL

CITY OF GARDENA

TEMPORARY ENGINEERING STAFF AUGMENTATION SERVICES

I. INTRODUCTION

The City of Gardena is seeking a qualified firm to provide Temporary Engineering Staff Augmentation Services to the Public Works, Engineering Division. The City wishes to augment (1) one Associate OR (1) one Civil Engineer servic es to primarily assist Capital Improvement Programs, manage various projects, and perform other professional and technical civil engineering assignments as required. The City’s standard job descriptions for Associate Engineer and Civil Engineer positions are attached for more details.

The consultant engineer shall be experienced in Public Works Capital Improvement Project engineering, regulatory compliance, process control and optimization construction coordination, and civil engineering design. All work will be performed at the Gardena Public Works Department. The resume/rate submitted must be a candidate placed performing the duties described.

Questions regarding RFP shall be directed to Kevin Kwak, Principal Civil Engineer, at (310) 217-9643 or [email protected].

Deadline to submit Proposal is 4:00 p.m. Monday, August 2, 2021 . Three (3) hard copies and one complete PDF copy (on memory stick) shall be addressed to:

City of Gardena – P.W. Engineering Division
1717 West 162nd Street
Gardena, CA 90247-3778
Attn: Kevin Kwak, Principal Civil Engineer

Proposed Term – The term of the contract is anticipated to commence on early September, 2021, for an initial one (1) year period and may be extended up to two (2) additional years providing the consultant is performing to the City’s satisfaction.

If at any time, and at its sole discretion, the City finds the performance of a temporary employee to be unsatisfactory, the Consultant shall be notified, and City shall immediately terminate the employee’s assignment with the City.

II. GENERAL REQUIREMENTS

General requirements for all candidates submitted shall at minimal:

A. Perform mathematical computations and estimates.

B. Simultaneously handle several tasks and continue to reestablish priorities.

C. Communicate clearly and concisely with others, orally and in writing.

D. Ability to establish and maintain effective team relationships with all internal and external customers.

E. Able to operate Microsoft Office and AutoCAD.

F. Able to perform in indoor and outdoor environments with exposure to the elements.

May be required to work in inclement weather.

G. Ability to adapt to changing technologies and learn functionality of new equipment and systems.

H. May be required to pass a security/background check and a drug test prior to providing any services to the City.

I. Must maintain a valid California Drive License.

J. May be required to work in excess of 40 hours a week and/or work irregular hours, particularly during emergency situations.

K. Typical works hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. or 9/80 schedule from 7:30 a.m. to 5:30 p.m.

L. Civil Engineer position requires California Professional Civil Engineering license.

M. May be required to arrange for the City to interview a potential new temporary staffing employee, at the Consultant’s expense, for a period of up to one (1) hour.

N. Additionally, refer to the attached job descriptions (Attachment A & B).

III. TYPICAL RESPONSIBILITIES

The Staff will be under general direction of Engineering Division Manager, performing and overseeing various CIP projects from preliminary design to final construction. Examples of duties and responsibilities are as follow:

A. Prepares RFP/RFQ for design and Construction Management and Inspection (CMI) services.

B. Prepares and/or oversees design Plans, Specifications, & Estimates (PS&E).

C. Prepares and leads project bid processing, writes council agenda report, and executes contract.

D. Oversees CMI services.

E. Prepares Caltrans required submittals and coordinates review process (i.e. PES, E76 and Contract award packages).

F. Performs minor drafting, computing, and checking field operations as related to the layout and construction of pavement, curbs, gutters, sidewalk, traffic, utilities and other CIP.

G. Performs LA Metro required project reporting, reimbursement process, etc.

H. Interprets and applies GREENBOOK, Caltrans Standards, City Standards, and other laws and regulations relating to CIP projects.

I. Additionally, refer to the attached job descriptions (Attachment A & B).

IV. POTENTIAL PROJECTS DURING FY 2021-2022

Currently unassigned CIP projects:

A. Vermont Avenue Street Improvement from Artesia Blvd to Gardena Blvd: $600,000, STPL funded.

B. Budlong Avenue from 135 th St to Redondo Beach Blvd and Halldale Avenue from 135th to El Segundo Blvd Street Improvement: $900,000, Measure M-Local funded.

C. Crenshaw Blvd Street Improvements from Rosecrans Ave to El Segundo Blvd:
$600,000, Prop C funded.

D. Vermont Avenue Street Improvem ents from Rosecrans Ave to 135 th St: $150,000, Measure M-Local (Multi-year project, 1st year design only).

E. Pedestrian Safety Improvement Projects at various locations: $380,000, Measure R- Local and SB 821 funded.

F. Van Ness Avenue Street Improvements from Redondo Beach Blvd to Marine Ave:
$1,450,000, Prop C and Measure M-Local funded.

G. Local Street Improvements: $2,443,047, SB1 funded.

V. CONFIDENTIALITY AND SECURITY

Any Consultant’s assigned personnel engaging in any temporary employment service for the City who comes into contact with confidential City information will be required to hold confidential such data made available to him/her. The Consultant staff must comply with the security policies and procedures in effect at the City and may be required to pass a security/background check prior to performing any services.

VI. PROPOSAL

All proposals shall include the following information, organized as separate sections of the proposal. The proposal shall be concise and to the point.

A. Describe the firm’s experience in similar staff augmentation services that are solicited in this RFP.

B. Provide the resume of the specific person(s) proposed to provide the services.

C. Submit 3 hard copies and 1 electronic copy of proposal.

VII. PRICE PROPOSAL & PAYMENT

The City requires temporary agency staff to be compensated at the hourly rates (regular & overtime) submitted by the consultant fee schedule. No additional mark-up cost or fees will be permitted.

Invoices: Invoices must be fully itemized by the City’s capital improvement job numbers, accounting codes, and by hours. Mail invoices to the Public Works Engineering Division Manager (Kevin Kwak, Principal Civil Engineer) and reference the Purchase Order number.

VIII. GENERAL CONDITIONS

By submitting a Proposal, the Consultant represents that they have thoroughly examined and become familiar with the requirements of this RFP and are capable of providing the qualified staffing to achieve the objectives of the City.

The City reserves the right to withdraw the RFP at any time without prior notice. The City reserves the right to extend the deadline for Proposals, postpone reviewing the Proposals for its own convenience, to reject any and all Proposals without indicating any reasons for such rejection(s), and to negotiate with any qualified consultant.

The successful consultant is required to obtain and maintain a City of Gardena business license and insurance. The license and insurance shall be maintained for the duration of the service. A current business license is not a prerequisite for submittal of the qualifications.

Costs for developing the Proposal or any other such expenses incurred by the Proposer in responding to this RFP are entirely the responsibility of the Proposer and shall not be reimbursed by the City. The City is not responsible for Proposals which are delinquent, lost, incorrectly marked, sent to the wrong address, or sent by mail or courier service and not signed for by the City.

IX. AGREEMENT

The existing on-call consultant agreement dated September 9, 2019, will be utilized to execute the proposed services (“Piggyback” contract).

X. SELECTION PROCESS

The following criteria will be considered, although not exclusively, in determining which firm is hired. An initial evaluation will be made based on price, qualifications and relevant experience.

The selection process will include post-bid interview to make the final selection.

Evaluation Criteria Weight
Cost/Fee 40%
Qualifications and Relevant Experience 40%
References 20%

Consultant Agreement with XYZ Page 1

CITY OF GARDENA

CONSULTANT AGREEMENT WITH XYZ

This Agreement is entered into this day of , 2021, by and between the City of Gardena, a municipal corporation (“City”) and XYZ, a [state] [type of entity ] (“Consultant”). Based on the mutual promises and covenants contained herein, the Parties hereto agree, as follows.

1. RECITALS. This Agreement is made and entered into with respect to the following facts:

A. Whereas, City is des irous of obtaining Tem porary Engineering Staff Augmentation consultant services to the Public Works, Engineering Division;

B. Whereas, Consultant has represented that it is qualified by virtue of experience, training, education and expertise to accomplish these services; and

C. Whereas, City has determined that t he public interest, convenience and necessity require the execution of this Agreement; and

D. Whereas, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consider ation of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

2. TERM OF AGREEMENT. This Agreement sha ll commence upon execution and shall continue until completion, unless earlier terminated as provided below.

A. Either party may terminate this Ag reement, without cause, by giving thirty (30) days written notice to the other party.

B. City may terminate this Ag reement for cause by giving thirty (30) days written notice to Consultant. Lack of funding shall be considered cause for terminating this Agreement.

C. Upon termination, Consultant shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to City all data, reports, estimates, summari es, and such other information and materials as may have been accumulated or prepared to date by Consultant in performing the services under this Agreement, whether completed or in progress. Consultant shall be entitl ed to reasonable compensation for the services it performs up to the date of termination; however, if the Agreement is terminated by City for cause, other than lack of funding, or by Consultant

Consultant Agreement with XYZ Page 2
without cause, City shall be entitled to deduct any costs it incurs payment to another consultant for Services, which duplicate Consultant’s Services to date. In the event of termination fo r other than cause attributable to Consultant, Consultant shall be deemed released for liability for any work assigned but not completed as of the effective date of termination.

3. SERVICES. Consultant agrees to provide t he services as specified in the Consultant’s Proposal, Exhibit A, attached hereto and incorporated herein by this reference (“services”). Unless otherwise specified herein, Consult ant shall, at its sole cost and expense, furnish all facilities, equipment and personnel which may be required for providing the Services pursuant to this Agreement.

4. ADDITIONAL SERVICES. If City determines that additional services are required to be provided by Consultant in addition to the Services set forth above, City shall authorize Consultant to perform such addi tional services in writing (“Additional Services”). Such Additional Services shall be specifically described and approved by City in writing prior to the performance thereof. Consultant shall be compensated for such Additional Services in accordance with the agreed upon charges therefore as set forth in the written authorization. No compensation shall be paid to Consultant for Additional Services which are not specifically approved by City in writing.

5. CONSULTANT’S PROPOSAL. This Agreement shall include Consultant’s proposal or bid which is incorporated herein as Exhibit A. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

6. PERSONNEL. City has relied upon the profe ssional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall provide properly skilled professional and technical personnel to perform all services under this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform Services pursuant to this Agreement, Consultant shall remove any such person immediately upon receiving notice from City. During the term of this Agreement, C onsultant shall provide the services specified in the proposal. Such individual(s) shall not be replaced without the prior written consent of City.

7. PERFORMANCE BY CONSULTANT. Consultant shall maintain or exceed the level of competency presently maintained by other similar practitioners in the State of California, for professional and technical soundness, accuracy and adequacy of all work, advice and material furnished under this Agreement.

8. TIMING OF PERFORMANCE. Time is of the essence with respect to Consultant’s performance of the Services required by this Agreement. Consultant shall diligently and timely pursue and complete the performance of the Services required of it by this Agreement. City, in its sole discretion, may extend the time for performance of any Service.

9. MONITORING OF CONSULTANT. Consultant’s performance of this Agreement

Consultant Agreement with XYZ Page 3
shall be continuously monitored by the G eneral Services Director/City Engineer.

Consultant shall be notified in writing of any deficiency in t he performance of this Agreement in a timely manner by the G eneral Services Director/City Engineer.

Consultant shall have five (5) business days from receipt of the notification to cure any deficiency to the reasonable satisfaction of the General Services Director/City Engineer. All costs for such corrections shall be borne by Consultant and shall not increase Consultant’s fees due hereund er. Should the General Services Director/City Engineer determine that Consultant has not performed its obligation as stated in this Agreement in a satisfactory manner, City may terminate this Agreement for cause as specified in Section 2 above.

10. COMPENSATION. Consultant shall be compensated as follows:

A. Amount. City shall compensate Consultant for services rendered pursuant to this Agreement at the rate specified in the attached fee proposal hereto and incorporated herein by reference. In no event shall compensation under this Agreement exceed _____________and 00/00 ($###.##) without the prior written authorization of the City Council.

B. Invoices and Payment. Payment by City to Consultant shall be made upon receipt and approval of invoices for Services rendered. For payment to be made, Consultant’s invoice must include an itemization as to the services rendered, date(s) of service, dire ct and/or subcontract costs and be submitted on an official letterhead or invoice with Consultant’s name, address, and telephone number referenced. City shall review the invoices to determine whether services perfo rmed, and documents submitted are consistent with this Agreement. Payment shall be made within forty-five (45) days following receipt of the invoice or City shall provide Consultant with a written statement objecting to the charges and stating the reasons therefor.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.

C. Expenses. Consultant shall not be entitled to any additional compensation for expenses.

11. INSURANCE REQUIREMENTS.

A. Commencement of Work. Consultant shall not commence work under this Agreement until it has obtained City approved insurance. Before beginning work hereunder, during the entire peri od of this Agreement, for any extensions hereto, and for periods after the end of this Agreement as may be indicated below, Consultant must hav e and maintain in place all of the insurance coverages required in this Se ction. Consultant’s insurance shall comply with all items specified by this Agreement. Any subcontractors shall be subject to all the requirements of this Section and Consultant shall be responsible to obtain ev idence of insurance from each subcontractor and provide it to City before the subcontra ctor commences work. Alternatively, Consultant’s insurance may cover all subcontractors.

Consultant Agreement with XYZ Page 4

B. Insurance Company Requir ements. All insurance policies used to satisfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

C. Coverages, Limits and Policy Requirement s. Consultant shall maintain the types of coverages and limits indicated below:

1. Commercial General Liability In surance – a policy for occurrence coverage for bodily injury, personal injury and property damage, including all coverages provided by and to the extent afforded by Insurance Services Office Form CG 2010 ed. 10/93 or 11/85, with no special limitations affecting City. The limit for all coverages under this policy shall be no less than one m illion dollars ($1,000,000.00) per occurrence.

2. Commercial Auto Liability Insuranc e – a policy including all coverages provided by and to the extent afforded by Insurance Services Office form CA 0001, ed. 12/93, includi ng Symbol 1 (any auto) with no special limitations affecting City. The limit for bodily injury and property damage liability shall be no less than one million dollars ($1,000,000.00) per accident.

3. Worker’s Compensation and Employ ers Liability Insurance – a policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. The minimum coverage limits for said insurance shall be no less than one million dollars per claim. The policy shall be issued by an insurance company which is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

4. Professional Errors & Omissi ons (“E&O”) – a policy with minimum limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. This policy shall be issued by an insurance company which is admitted to do business in the State of California.

5. Policy Requirements. The policie s set forth above shall comply with the following, as evidenced by t he policies or endorsements to the policies:

Consultant Agreement with XYZ Page 5
a. Additional insureds: “T he City Gardena and its elected and appointed boards, officers, offici als, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with th e City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

b. Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

c. Other insurance: “The Consul tant’s insurance coverage shall be primary insurance as respects t he City of Gardena, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Gardena shall be excess and not contributing with the insurance provided by this policy.”

d. Any failure to comply with the reporting provisions of the policies shall not affect coverage provid ed to the City of Gardena, its officers, officials, agents, employees, and volunteers.

e. The Consultant’s insurance shall 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.

D. Additional Requirement s. The procuring of su ch required policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

There shall be no recourse against City for payment of premiums or other amounts with respect theret o. City shall notify Cons ultant in writing of changes in the insurance requirements. If Consultant does not deposit copies of acceptable insurance policies or endorsements with Cit y incorporating such changes within sixty (60) days of receipt of such notice, Consultant shall be deemed in default hereunder.

E. Deductibles. Any deductible or self -insured retentions over $25,000 per occurrence must be declared to and approved by City. Any deductible exceeding an amount acceptable to City shall be subject to the following changes: either the insurer shall eliminate or reduce such deductibles or self- insured retentions with respect to Cit y, its officers, employees, agents and volunteers (with additional premium, if any, to be paid by Consultant); or Consultant shall provide satisfacto ry financial guarantee for payment of losses and related investigations, claim administration and defense expenses.

Consultant Agreement with XYZ Page 6
F. Verification of Compliance. Consultant shall furnish City with original policies or certificates and endorsements effe cting coverage required by this Agreement. The endorsements are to be signed by a person authorized by the insurer to bind coverage on it s behalf. All endorsem ents are to be received and approved by City before work commences. Not less than fifteen (15) days prior to the expiration date of any policy of insurance required by this Agreement, Consultant shall deliver to City a binder or certificate of insurance with respect to each renewal policy, bearing a notation evidencing payment of the premium therefor, or accompanied by other proof of payment satisfactory to City. Consultant sha ll provide full copies of any requested policies to City within three (3) days of any such request by City.

G. Termination for Lack of Required Cover age. If Consultant, for any reason, fails to have in place, at all times during the term of this Agreement, including any extension hereto, all requir ed insurance and coverage, City may immediately obtain such coverage at Consultant’s expense and/or terminate this Agreement.

H. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held res ponsible for payments of damages to persons or property.

12. INDEMNIFICATION. Consultant agrees to def end, indemnify, hold free and harmless the City, its elected officials, officers, agents, employees and volunteers, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the Cit y, its elected officials, officers, agents, employees and volunteers arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, employees and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consul tant, its employees, and/or authorized subcontractors are specific ally named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

13. COOPERATION. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

Consultant Agreement with XYZ Page 7

14. INDEPENDENT CONTRACTOR. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

Consultant shall secure, at its sole ex pense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all busi ness licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amo unt due to City from Consultant as a result of Consultant’s failure to prom ptly pay to City any reimbursement or indemnification arising under this paragraph.

15. PERS ELIGIBILITY INDEMNIFICATION. In the event that Consultant or any employee, agent, or subcontractor of Cons ultant providing services under this Agreement claims or is determined by a c ourt of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its empl oyees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waiv e any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution an d/or employee contributions for PERS benefits.

16. NON-LIABILITY OF CITY. No official, employee, agent or volunteer of City shall be personally liable for any default or liability under this Agreement.

17. OWNERSHIP OF WORK PRODUCT. All documents or other information created, developed, or received by Consultant shal l, for purposes of copyright law, be deemed works made for hire for City by Consultant as City employee(s) for hire and

Consultant Agreement with XYZ Page 8
shall be the sole property of City. Consultant shall provide City with copies of these items upon demand, and in any event, upon termination or expiration of this Agreement.

18. NONUSE OF INTELLECTUAL PROPERTY OF THIRD PARTIES. Contractor shall not use, disclose or copy any intellectual property of any third parties in connection with work carried out under this Agreement, except for intellectual property for which Contractor has a license. Contractor shall indemnify and hold City harmless against all claims raised against City based upon allegations that Contractor has wrongfully used intellectual property of others in performing work for City, or that City has wrongfully used intellectual property developed by Contra ctor pursuant to this Agreement.

19. WAIVER OR BREACH. No waiver of any provisio n of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver.

20. COMPLIANCE WITH LAWS. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement
.

21. CONFLICT OF INTEREST AND REPORTING. Consultant shall at all times avoid conflicts of interest or the appearance of a conflict of interest in the performance of this Agreement. If required, Consultant shall comply wit h the City’s Conflict of Interest reporting requirements. Consultant understands that pursuant to Gardena Municipal Code sections 2. 24.020H and 2.24.025G, it is forbidden to make any contribution to a candidate or committee of a candidate for a municipal office of the City, or to an officeholder, until the completion of services to be performed under this Agreement.

22. EMPLOYMENT OF ALIENS. Consultant warrants it fu lly complies with all laws regarding employment of aliens and others, and that all its employees performing services hereunder meet the citizenship or alien status requirements contained in federal and state statutes and regulations.

23. NON-DISCRIMINATION. Consultant covenants there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national

Consultant Agreement with XYZ Page 9
origin, or ancestry, in activity pursuant to this Agreement.

24. FORCE MAJEURE. Consultant shall not be in def ault for failing to perform in accordance with the terms of this Agreement if such failure arises out of causes beyond the control and without the fault or negligence of Consultant.

25. ASSIGNMENT. Consultant shall not assign or subcontract any of its obligations pursuant to this Agreement, nor any part thereof, except for any monies due the Consultant, without the prior written consent of City. Such consent by City shall not be unreasonably withheld. Consultant shall be fully responsible to City for all work performed by assignees or subcontractors.

26. NOTICES. Whenever it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be in writing and shall be given by personal service upon the party to be notified, or by deposit of the same in the custody of the United Stat es Postal Service, post age prepaid, addressed to the party to be notified as follows:

To City: City of Gardena
1700 West 162nd Street
Gardena, California 90247
Attn: Allan Rigg
Director of Public Works

To Consultant: XYZ
A d d r e s s
XXXX, CA #####
Attn: Name
T i t t l e

Notices shall be deemed to have been served upon the date of personal service or three (3) working days after the same has been deposited in the United States Postal Service.

27. LICENSED STATUS. Consultant shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a City Business License.

28. FAMILIARITY WITH WORK. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement. Should Consultant discover any conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City and shall not proceed, except at Consultant’s own risk, until written instructions are received from City.

29. PUBLIC RECORD ACT DISCLOSURE. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but

Consultant Agreement with XYZ Page 10
not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

30. MAINTENANCE OF RECORDS. Consultant shall maintain for a minimum of three (3) years from the completion date of the Services under this Agreement, the following records:

A. All accounts and records, includ ing personnel, property and financial, adequate to identify and account for all co sts pertaining to this Agreement and assume proper accounting for all funds;

B. Records which establish that Consul tant and all subcontractors who render Services under this Agreement are in full compliance with the requirements of this Agreement and all federal, state and local laws and regulations;

C. Any additional records deemed necessary by City to assume verification of full compliance with this Agreement.

D. The aforementioned records shall be made available to City or any authorized representative thereof upon request for audit.

31. BINDING EFFECT. This Agreement shall be bi nding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

32. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Municipal or Superior Court.

33. SECTION HEADINGS. The Section headings used in this Agreement are for reference purposes only and shall have no binding effect.

34. AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement.

35. ATTORNEY’S FEES. In the event that legal acti on is necessary to enforce the provisions of this Agreement, or to declare the rights of the parties hereunder, the parties agree that the prevailing party in the legal action shall be entitled to recover attorney’s fees and court costs from the opposing party.

Consultant Agreement with XYZ Page 11

36. PREPARATION OF AGREEMENT. Each party acknowledges that it has had an adequate opportunity to review each and every provision in this Agreement and to submit the same to counsel and other consultants for review and comment and that the parties jointly drafted this Agreement. No provision of this Agreement or any Assignment shall be construed more strictly against one party than the other party by reason that one or the other party proposed, drafted or modified such provision or any other existing or proposed provision.

37. SEVERABILITY. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a c ourt of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

38. ENTIRE AGREEMENT. This Agreement contains the entire understanding between City and Consultant. Any prior agreement, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by both parties. This Agreement may be signed by the parties hereto in separate counterparts, including both counterparts that are executed on paper and counterparts that are in the form of electronic signatures. Electronic signatures include facsimile or email electronic signatures. Each executed counterpart shall be deemed an original. All counterparts, taken together, constitute the executed Agreement. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

The parties hereby acknowledge and agree that electronic records and electronic signatures, as well as facsimile signatures, used in connection with the execution of this Agreement and electronic signatur es, facsimile signatures or signatures transmitted by electronic mail in so-called pdf format shall be legal and binding and shall have the same full force and effect as if a paper original of this Agreement had been delivered and had been signed using a handwritten signature. City and Consultant (i) agree that an electronic signature, whether digital or encrypted, of a party to this Agreement is intended to authenticate this writing and to have the same force and effect as a manual sign ature, (ii) int end to be bound by the signatures (whether original, faxed or electronic) on any document sent or delivered by facsimile or, electronic mail, or other electronic means, (iii) are aware that the other party will reply on such signatures , and (iv) hereby waive any defenses to the enforcement of the terms of this Agreement based on the foregoing forms of signature. If this Agreement has been executed by electronic signature, all parties executing this document are expressly consenting under the United States Federal Electronic Signatures in Global and National Commerce Act of 2000 ("E- SIGN") and California Uniform Electronic Transactions Act ("UETA")(Cal. Civ. Code § 1633.1, et seq.), that a signature by fa x, email or other electronic means shall constitute an Electronic Signature to an Electronic Record under both E-SIGN and UETA with respect to this specific transaction.

Consultant Agreement with XYZ Page 12
IN WITNESS WHEREOF, City and Consultant have execut ed this Agreement as of the date first hereinabove set forth.

CITY OF GARDENA

Tasha Cerda, Mayor

CONSULTANT – XYZ

Name

S i g n :

Title:

Name

S i g n :

Title:

ATTEST:

Mina Semenza, City Clerk

APPROVED AS TO FORM:

Carmen Vasquez, City Attorney
Civil Engineer

Bargaining Unit: Gardena Municipal
Employees Association
Class Code:
0444

CITY OF GARDENA
Established Date: Oct 27, 2020

SALARY RANGE
$44.11 - $56.30 Hourly
$3,528.80 - $4,504.00 Biweekly
$7,645.73 - $9,758.67 Monthly
$91,748.80 - $117,104.00 Annually
DESCRIPTION:

Under general direction, performs difficult and complex design, construction, traffic or planning engineering for a variety of municipal public works projects and programs; performs estimate reports, specifications and other related technical administrative and special work as assigned and/or as may be required.

EXAMPLES OF DUTIES:

Representative Duties Civil Engineer is a multi-incumbent professional engineering class in the Public Works Engineering. Assignments are primarily project oriented, broad in scope and require the use of considerable judgement and initiative. Civil Engineer is differentiated from the lower level of Associate Engineer by the Civil Engineer’s broader scope of responsibility, difficulty and complexity of projects assigned requiring substantial knowledge of engineering tasks related to public works design and construction administration. In addition, a Civil Engineer provides technical, functional supervision to staff assigned and provide administrative assistance as needed.

Prepares designs and plans for public works improvements such as street paving, curbs and gutters, sewers, storm drains; other facility improvement with minimal supervision; prepares drawings, charts, maps and diagrams, engineering cost estimates, conduct circulation, flow, accident and other traffic studies; assist in determining design of traffic layouts; coordinates and performs inspections on construction projects, engineering surveys and special studies; provides engineering information to contractors at all phases of construction, engineers and members of the public; attends and participates in meetings as requested; performs field surveys and may act as survey party chief; determines that all calculations submitted are correct and that engineering design work conforms to the city specifications; writes legal descriptions for annexations, streets, alleys, leases, easements and City property acquisitions and prepares necessary maps; assists Division Manager or lead in preparation and maintenance of records and preparation of State and County reports; answers public inquiries and complaints; development in policy or standard; may coordinate assignments of professional staff.

Organization Responsibilities
Positions in this class report to a Division Manager and is responsible for performing difficult and complex technical work in the office and h the for senior level technical staff and are responsible for perming entry level to routine skilled technical work in the office and the field.

TYPICAL QUALIFICATIONS:

Education and Experience A Bachelor’s Degree from a four-year college or university in Civil Engineering or a related field e with a Degree in Civil Engineering or related field AND five (5) years of experience in the design and construction of public works projects or any combination of education and experience that demonstrates the ability to perform the duties of the position.

Registration as a Civil Engineer with the California State Board of Registration for Professional Engineers is required.

Knowledge and Abilities The knowledge and abilities which are required to perform the duties and responsibilities of this class are as follows:

Thorough knowledge of: civil engineering principles and practices as applied to the design, construction and inspection of streets, storm drains, sanitary sewers, traffic and related public works projects; drafting and mapping principles and techniques; surveying methods; methods, materials and techniques used in the construction of public works projects; rules and regulations governing supplemental funding sources for public works construction and/or studies; advanced mathematics and their application to engineering work; laws, regulations, codes and ordinances applicable to area assigned including Federal and State laws/requirements; private/land development principals; English usage, spelling, grammar and punctuation; effective project management and supervisory techniques; AUTOCAD and other computer applications as relate to area assigned.

Ability to: make engineering design computations and check, design and prepare engineering plans, specifications, studies and technical reports; learn, interpret and apply laws, regulations, codes and ordinances related to area assigned; conduct comprehensive engineering studies, prepare related reports and recommendations; understand and interpret complex engineering construction plans, specifications, and other contract documents; train and supervise staff as assigned; perform technical research and solve difficult engineering problems; prepare and oversee large and complex project budgets; communicate effectively orally and in writing; understand and carry out oral and written instructions and use independent judgement and initiative; establish and maintain effective relationships with those contacted in the course of work; operate a personal computer and use applicable software; meet the public with courtesy and tact.

Physical Demands and Working Conditions This position is performed in indoor and outdoor environmental with exposure to the elements. May be required to work in inclement weather. Requires the mobility to stand, stoop, and reach, to grasp and manipulate various-size objects; to bend; to sit for long periods in front of a computer screen; may require lifting material of 25 pounds or less. This position may be required to work before and after normal working hours.

License
Must have and maintain a valid California C Driver’s License.

Special Condition
Must file a State of Economic Interest (Form 700) with the City Clerk; Subject to background checks and verifications;
Must be able to pass a job-related medical exam that includes drug and alcohol testing.

Associate Engineer

Bargaining Unit: Gardena Municipal
Employees Association
Class Code:
0427

CITY OF GARDENA
Established Date: Nov 1, 2007
Revision Date: May 1, 2017

SALARY RANGE
$39.01 - $49.79 Hourly
$3,120.92 - $3,983.08 Biweekly
$6,762.00 - $8,630.00 Monthly
$81,144.00 - $103,560.00 Annually
DESCRIPTION:

Under general direction, performs and oversees varied and skilled design, construction, traffic or planning engineering for a variety of municipal public works projects and programs; performs estimate reports, specifications and does other related technical, administrative and special work as assigned and/or as may be required.

EXAMPLES OF DUTIES:

Representative Duties
Prepares designs and plans for public works improvements such as street paving, curbs and gutters, sewers and storm drains; prepares drawings, charts, maps and diagrams, engineering cost estimates, conducts circulation, flow, accident and other traffic studies; assists in determining design of traffic layouts; coordinates and performs inspections on construction projects, engineering surveys and special studies; provides engineering information to contractors at all phases of construction, engineers and members of the public; attends and participates in meetings as requested; performs field surveys and may act as survey party chief; determines that all calculations submitted are correct and that engineering design work conforms to the City specifications; writes legal descriptions for annexations, streets, alleys, leases, easements and City property acquisitions and prepares necessary maps; assists Division Manager in preparation and maintenance of records and preparation of State and County reports; answers public inquiries and complaints; may coordinate assignments of professional and para-professional staff.

Organization Responsibilities
Positions in this class report to a Division Manager or senior level technical staff and are responsible for performing highly skilled technical work in the office and the field with limited supervision.

TYPICAL QUALIFICATIONS:

Education and Experience
Graduation from an accredited college with a Degree in Civil Engineering, possess an Engineering-in-Training (E.I.T.) Certificate AND three (3) years of responsible engineering experience in the design and construction of public works projects or any combination of education and experience that demonstrates the ability to perform the duties of the position.

Knowledge and Abilities
Thorough knowledge of engineering principles and practices; of the methods, equipment and materials used in public works projects; of surveying and construction principles and practices; knowledge of Traffic Engineering; the ability; to prepare plans, specifications, maps and comprehensive engineering reports; to manage projects with minimal supervision, to work cooperatively with others. Complete knowledge of drawing methods used in preparing engineering maps and drawings in AUTOCAD 2016 or latest edition; knowledge of Microsoft Office (Word, Excel, Power Point); knowledge of common construction methods; to follow and give written and oral instructions involving technical engineering or planning terminology; to use arithmetic and trigonometry, and to make accurate computations; to use a calculator; to understand and interpret legal property descriptions, engineering, street and planning records and maps; to maintain effective working relationships with the public, employees and supervisors.

Physical Demands and Working Conditions
This position is performed in indoor and outdoor environments with exposure to the elements.

May be required to work in inclement weather. Requires the mobility to stand, stoop, and reach, to grasp and manipulate various-size objects; to bend; to sit for long periods in front of a computer screen; may require lifting material of 25 pounds or less. This position may be required to work before and after normal working hours.

License
Must have and maintain a valid California Class C Driver's License.

Special Conditions
Must file a Statement of Economic Interest (Form 700) with the City Clerk; Subject to background checks and verifications; Must be able to pass a job-related medical exam that includes drug and alcohol testing.

EXHIBIT B
Proposal For
Temporary Engineering
Staff Augmentation
Services
Prepared For
City of Gardena
August 20th, 2021
’
August 20th, 2021
Kevin Kwak
City of Gardena
Public Works Department, Engineering Division
1717 West 162nd Street
Gardena, CA 90247-3378
Re: Proposal for Temporary Engineering Staff Augmentation Services Dear Mr. Kwak,
Project Partners is pleased to submit this Proposal for Temporary Engineering Staff Augmentation Services. We are the ideal firm for the City of Gardena, as not only do we specialize in the exact service the City is requesting, but our expertise lies in providing augmented staff to public agencies throughout Southern California for 25 years. We are undoubtedly right the firm for the City.

WHY SELECT PROJECT PARTNERS?
Though there are a multitude of reasons to select Project Partners to partner with the City, these are at the top of the list:

Outstanding Proposed Staff - Project Partners’ proposed staff are true public works professionals with decades of professional experience in municipal public organizations. Combined with years of management expertise, our proposed staff are the ideal candidates for the City. Additionally, Project Partners understands that retired public sector professionals are an extremely valuable resource to public organizations like yours. Our public sector retired staff possess a deep understanding of public sector processes and procedures. This means that Project Partners has an extensive arsenal of highly experienced professionals that can hit the ground running to help your agency meet its goals effectively & efficiently.

Public Sector Staff Augmentation Experts that Keep the City Safe – As the City embraces a Staff Augmentation program for public works services, we believe it clearly understands the importance of being in compliance with all CalPERS rules. With CalPERS stating it will increase the number of annual audits performed over the next few years, it is imperative that the City hire a firm that understands California labor laws and has a comprehensive operations and client training program to ensure the City is safely in compliance.

Project Partners is that firm.

Proven Track Record of Providing Augmented Staff to Municipalities – For the last 25 years, Project Partners has provided on-site augmented staff to hundreds public agencies throughout the region. The fact that over 80% of our clients are repeat clients, who have returned to our firm again and again, is strong proof of our abilities to deliver successful staff. We are the go-to staff augmentation firm for several Southern California municipalities.

Unique Pool of Retired
Public Professionals
CalPERS Experts To
Keep the City Safe

CITY OF GARDENA
Public Works Engineering Division
Cost-Effective Solution that Produces Significant Cost Savings – Project Partners is an exceptionally effective organization with dramatically low overhead, resulting in billing rates at a fraction of typical consultant rates. This translates to greater efficiency in project budgets and significant cost savings to the City. Further, our firm is Caltrans Indirect Cost Rate (ICR) certified, which assures the City of additional cost efficiencies available as well as standards for compliance & successful project completion when partnering with Project Partners.

Project Partners is a California Corporation and its Principal, Mr. Kimo Look, P.E., will be the primary contact for questions regarding this RFP response . The Project Partners’ staff proposed in this Proposal are to date, available Part time or Full time, and unencumbered by current client project commitments.

In conclusion, we believe that Project Partners is the clear choice for the City of Gardena. In addition to the reasons listed above, we have a long list of municipal references that demonstrate how Project Partners has helped Public Works departments across the region meet their staffing goals. The following Proposal will expand on these examples and references in greater detail.

Should you have any questions or need further clarifications, please do not hesitate to give us a call.

Sincerely,
Kimo Look, P.E.

Principal
Project Partners, Inc.
23195 La Cadena Drive
Suite 101
Laguna Hills, Ca 92653
Ph: 949-852-9300
[email protected]
Billing Rates at a Fraction
of Typical Consultant Rates
Table of Contents
Cover Letter
Section 1 Firm Background

1.1 Background .................................................................................. 1-1

1.2 Why Select Project Partners? ...................................................... 1-1

1.3 Approach ...................................................................................... 1-2 Retired Public Engineers Add Value ............................................... 1-2 CalPERS Compliance Approach .................................................... 1-2 Cost at a Fraction of Typical Consulting Rates ............................... 1-4

1.4 Conclusion .................................................................................... 1-4 Section 2 Proposed Staff

2.1 Our Unique Staffing Solution ...................................................... 2-1

2.2 Decades of Civil Engineering Expertise ..................................... 2-1 Why Our Retirees Are Invaluable ................................................... 2-1

2.3 Proposed Staff .............................................................................. 2-3

2.4 Summary ....................................................................................... 2-7 Section 3 Related Experience

3.1 Proven Track Record on Public Sector Contracts ..................... 3-1

3.2 Recent Public Sector References ................................................ 3-4 Appendix A Resumes
Frank Sanchez, P.E. Civil Engineer
Majid Tahergorabi Associate Engineer
Deborah Chankin Project Manager
Appendix B Fee Schedule
Section 1
Firm Background

CITY OF GARDENA
Public Works Engineering Division
Section 1, Page 1

1.1 BACKGROUND
Established in 1996 as a California Corporation, Project Partners has quickly become a leading provider of augmented staff for Southern California public agencies.

Because of our specialization in Staff Augmentation for municipal civil engineering services, Project Partners is the go-to firm for
many public works agencies to solve peak
workload issues and staff retirement dilemmas.

As such, many Southern California agencies
have turned to Project Partners to help
complete more projects repeatedly through our
civil engineering support services. Our proven
ability to provide quality CalPERS-compliant
technical professionals at affordable rates has
been our winning formula for 25 years.

Our services for this RFQ will be focused on providing Civil Engineering Support Staff to the City. All proposed Civil Engineers have licensed registrations with the State of California and are public sector retirees with decades of public experience. As Public Works professionals they have the proven experience to effectively support a myriad of City projects. Project Partners is the ideal firm for the City of Gardena, as our staff specialize in the full scope of support services that the City is seeking.

1.2 WHY SELECT PROJECT PARTNERS?
Project Partners is a unique civil engineering firm that provides the exact services the City is seeking and provides these advantages:
 Excellent, Highly Experienced Staff with Proven Municipal Expertise  Proven History of Capital Improvement Projects with Client References  Experts Who Keep Your City Safe and CalPERS Compliant  Cost-Effective Rates at a Fraction of Typical Consultant Rates Firm Background
1 CITY OF GARDENA
Public Works Engineering Division
Section 1, Page 2
While the City has the choice of firms to provide Civil Engineering support services, Project Partners stands out in its approach of utilizing its extensive arsenal of experienced public sector civil engineering professionals. In the last five years alone, we have been awarded and managed over 100 contracts in Public Works project management for public sector agencies. Some of these contracts are with cities Project Partners has been working with for 20 years or more. To that end, many of our engineers specialize in public works Capital Improvement Programs, project management, and technical engineering expertise. As evident from their resumes, Project Partners is able to present the City of Gardena our top candidates to select from with significant experience as Civil Engineers.

1.3 APPROACH
Our unique approach to contract staffing solutions varies from other civil engineering firms as we specialize in providing retired public engineers who have extensive experience in, and therefore can transition seamlessly into, the exact roles and agencies where they are most needed. Our approach centers around our staff’s expertise in order to thoroughly tailor candidates to our clients’ needs.

Therefore, our proposed staff for the City of Gardena have the technical expertise needed to deliver the City’s projects effectively and efficiently.

Retired Public Engineers Add Value
Project Partners has been providing public sector retirees to public agencies for 25 years, as we believe public sector retirees are an invaluable asset for several reasons. First, the flexible schedule of a retiree allows for flexible start dates, and most of our staff are available to start working immediately. While this flexibility saves time, even more invaluable is our staff’s experience in the field. Experienced retirees already have a deep understanding of the public sector process, so most retirees do not require extensive training and are able to enter into a role and start delivering key project needs from day one.

At Project Partners, we have an ever-growing pool of public sector retirees that we maintain strong relationships with. We are constantly in contact with retirees and many public sector employees who are on the verge of retirement and looking for fulfilling work for the next phase of their life. We want to help your organization just as much as we want to get our retirees working on meaningful projects that keep them earning and engaged.

CalPERS Compliance Keeps the City Safe
As a firm that has been providing engineering staff to the Public Sector for over two decades, we know the biggest risk with staff augmentation programs is CalPERS penalties and fines. Unlike design contracts where consultants are fully responsible for the design, effective embedded staff work very closely with city

CITY OF GARDENA
Public Works Engineering Division
Section 1, Page 3
staff, jointly making project decisions. Therefore, professional liability (E&O) is typically not a significant issue — CalPERS compliance is.

Violating any of the myriad of CalPERS laws is a key concern for most City Risk Management Departments. This is particularly relevant today as CalPERS is accelerating the number of audits it plans on conducting annually. It is doing this, in part, because of a 2018 study which revealed that 30% of all CalPERS violations came from improper use of augmented staff. CalPERS has also stated that having augmented staff through a consulting firm, or even working remotely, does not automatically provide the desired protection. It mandates that if there is a common law relationship between the City and the augmented staff, then CalPERS rules apply. CalPERS does allow staff augmentation, but it requires its rules to be followed closely.

Therefore, it is critical when implementing a contract project management program, that the City be in complete compliance with CalPERS rules.

Furthermore, because a firm that provides augmented staff is integrally involved in common law determination, it is necessary to hire firms that not only understand CalPERS law, but have established programs in place that help keep the City safe and in compliance. This is an area that Project Partners excels in.

Public sector staffing has changed dramatically and
quickly over the last few decades. More regulations
have created more complex issues for agencies to
consider. Today, merely hiring competent contract
staff is no longer sufficient; compliance with
CalPERS labor laws is essential.

For over 20 years, Project Partners has worked
closely with top legal firms to comprehensively
understand California pension law. We established a
service model for legally working within the
regulations, while allowing our clients to utilize
flexible staffing solutions to move their projects to
completion.

We offer a proven, workable solution for our clients:
● Tracking Labor Laws – There are a multitude of complex labor laws that public sector contract staffing falls under. We realize these laws are dynamic; our firm aggressively tracks any changes and legal interpretations. ● Adhering to Procedures – Working with several labor law firms, we have developed comprehensive procedures for having contract staff in public organizations. These processes act as a guide for both contract staff and our

CITY OF GARDENA
Public Works Engineering Division
Section 1, Page 4
clients to remain within compliance.
● Understanding PEPRA – Public sector retirees offer great staffing solutions due to their years of experience, but fall under Public Employee Pension Reform Act (PEPRA) regulations. We are well-versed in keeping both our retirees and our clients safe within PEPRA’s limitations. ● Documenting Compliance – Our systems automatically identify and document key proof of our staff being in compliance with labor laws, including the specific areas where our clients and public agency partners are compliant.

These documents are essential during CalPERS audits.

Backed by a proven track record, we are confident in our ability as staff augmentation experts.

Cost at a Fraction of Typical Consulting Rates
Project Partners provides quality augmented staff with decades of experience and public sector know-how. Our staff can truly hit the ground running in a way that is in compliance with CalPERS rules and regulations. This combined with our lower- than-typical consultant billing rates, adds up to a winning partnership the City of Gardena needs. Our proposed staff is made up of skilled retirees that are able to fill many roles and complete a wide variety of tasks. This along with truly flexible schedules makes us the ideal augmented staff for the City. Therefore, we are able to complete a wide range of tasks needed by the City with fewer people and less cost. Mr. Kimo Look, the Principal in Charge will not be charging any time to this project. Project Partners’ cost-effective bill rates will make it easier to have additional staff hours if needed.

1.4 CONCLUSION
To conclude, we believe that Project Partners is the clear choice for the City of Gardena, as we specialize in providing quality augmented staff with the specific public sector civil engineering experience. Our staff is ready to hit the ground running with proven professional expertise in compliance with CalPERS rules and regulations. This, combined with our considerable track record and our affordable consultant billing rates guarantees a winning partnership for the City of Gardena.

We appreciate your consideration and hope to provide our unique staff augmentation solutions for civil engineering services to support your City.

Section 2
Proposed Staff

CITY OF GARDENA
Public Works Engineering Division
Section 2, Page 1

2.1 OUR UNIQUE STAFFING SOLUTION
All of the proposed staff in the Project Partners team are proven professionals with decades of public works experience behind them. This experience allows them to seamlessly fuse into the City’s projects and deliver exceptional work.

These individuals have the precise experience to get your projects done as our unique staff provides flexibility and expertise to complete critical projects on time.

Their abilities and experience are presented in detail in subsection 2.3 along with their accompanying resumes.

2.2 DECADES OF CIVIL ENGINEERING EXPERTISE
Project Partners understands that retired public sector professionals are an extremely valuable resource to public organizations like yours.

Therefore, Project Partners recently implemented a unique and powerful recruiting tool: a job site specifically to recruit public sector retirees. Through this website, PublicRetireeJobs.com, we attract and retain more public retirees than any other organization and offer them to our clients as a truly invaluable resource.

We invite you to visit our website and see for yourself how we attract and retain key retirees for you to access.

Why Our Retirees Are Invaluable:

Decades of Engineering Knowledge and Experience
Our staff has not years, but decades of public sector engineering experience.

Experience that is needed to effectively tackle the incredibly wide variety of projects and problems that hit engineering departments daily. Experience that can also be used to mentor staff and build future staff.

Proposed Staff
2 CITY OF GARDENA
Public Works Engineering Division
Section 2, Page 2
Effective from Day One
Our experienced retirees already have a deep understanding of the public sector process and use that knowledge to be effective project managers and leaders. Because of their experience, our retirees are able to enter into a role and start making a difference from day one.

Truly Flexible Resource
Our staff is made up of flexible and unencumbered retirees. They offer considerable flexibility of schedule and location. Should it be more effective to have our staff work on-site at City offices, they can easily do that.

Alternatively, should the City want our staff to work remotely we can accommodate that as well. Equally so, as retirees, our staff can truly be an as-needed resource who can easily meet workload fluctuations through truly flexible schedules.

All this means that Project Partners has an extensive arsenal of experienced public works professionals who can be added as-needed to help augment unforeseen situations. Specifically, many of our staff are highly experience retirees with decades of experience, who have flexible schedules and can adjust to varying needs. No matter what issue arises, the City can rest assured that Project Partners will be able to provide flexibility and keep projects on schedule and on budget.

Strong, experienced staff makes successful engineering projects happen. In order for the City to get more projects done, highly experienced professionals with proven skills are needed. Luckily, Project Partners has been providing retirees to public agencies for over 20 years to help them get projects done efficiently and effectively.

The flexible schedule of a retiree means they are truly as-needed help. Even more valuable is their experience in the field. Experienced retirees already have a deep understanding of the public sector process and water management requirements.

Our retirees are able to enter into a role and start being productive from day one.

All of the proposed staff in the Project Partners team are true professionals with years of public works experience behind them. This experience allows them to seamlessly jump into the City’s projects and deliver. These individuals have the right experience to get your projects done.

CITY OF GARDENA
Public Works Engineering Division
Section 2, Page 3

2.3 PROPOSED STAFF
Project Partners has set a high bar for providing the very best professional talent for our clients’ projects, and we aim to out-do ourselves with every new request. Our ability to consistently deliver exceptional public works professionals is the reason we are our clients' first call when staffing needs or issues arise.

Our proposed Civil Engineering staff members are available Part time or Full time and are as follows:
 Frank Sanchez, P.E. Civil Engineer
 Majid Tahergorabi Associate Engineer
 Deborah Chankin Project Manager
Please note that Mr. Kimo Look, P.E., will serve as the Primary Contact and Principal in Charge at Project Partners.

Decades of
Public
Works
Experience
Solid
Technical
Skills
Experience is critical in
consistently delivering
successful public works
projects. All of our staff
are proven professionals
with decades of public
experience.

Our senior staff possess
the solid technical skills
needed to deliver your
public works projects.

They all have experience
working on various
technical projects.

Communication is
essential in providing
quality staff support
services to our clients.

All proposed staff are
skilled in written & verbal
communication.

CITY OF GARDENA
Public Works Engineering Division
Section 2, Page 4
Summary
Retired Civil Engineer, Frank Sanchez has demonstrated
management level expertise in the design, administration, and construction of Capital Improvement infrastructure
projects. As a responsible project manager and registered civil engineer, Mr. Sanchez has taken on a variety of roles in teams in various public agencies through Southern
California.

Associated Public Agencies
City of Lynwood
City of Downey
City of Long Beach
Position Titles
Project Manager
Construction Inspector
Senior Civil Engineer
Associate Civil Engineer
Relevant Project Experience
 Review of plans, specifications, costs for the
construction of the new, substantial rehabilitation of
mixed-used multifamily project, and nursing facilities
(OSHPD requirements for seismic compliance and
inspection)
 Interact successfully with a wide variety of professional such as contractors, architects, engineers, owners,
attorneys, and city permit official on technical issues  Involved in all aspects of public works projects.

Responsible for increasingly complex tasks as
required in order to meet department goals and
objectives. Strong background in design and project
management, construction management and plan and
plat reviews.
 Performed engineering tasks in the planning, design,
estimating and construction of City of Long Beach
street, utility, park facility, buildings and other
structures in accordance with City of Long Beach
standards.
23 Years of Civil
Engineering
Experience
Public Sector Capital
Improvement, Plan
Check, Design &
Construction
Expertise
Registration
Registered Professional
Engineer RCE# C61326
Education
MS Civil Engineering,
California State University
Long Beach
Frank
Sanchez,
P.E.

CITY OF GARDENA
Public Works Engineering Division
Section 2, Page 5
Summary
Retired Associate Engineer, Majid Tahergorabi has
decades of experience throughout several United States
governmental agencies and abroad. His expertise lies in design, planning, plan review of structures as well as
permitting and environmental protection.

Associated Public Agencies
U.S. Department of Homeland Security – FEMA
U.S. Department of Housing
Position Titles
Associate Engineer
Design Manager
Planning Support
Environmental Protection Specialist
Example Project Experience
 Review of plans, specifications, costs for the
construction of the new, substantial rehabilitation of
mixed used multifamily project, and nursing facilities
(OSHPD requirements for seismic compliance and
inspection)
 Serve as technical trainer for other architects,
engineers, and cost analysts.
 Review schematics, feasibility studies, reports, and
cost estimates.
 Inspect and prepare Seismic Hazard Analysis reports
for existing mixed-use multifamily and nursing facilities for Compliance based on IBC 2012, and CBC 2010 /
ASCE 7-05.
 Review and analyze cost estimate reports,
construction drawings and specifications from 3rd
party, lender's architect and cost analyst.
 Review 3rd party technical reports for compliance with HUD Minimum Property Standards, Fair Housing
Accessibility Guidelines
21 Years of Civil
Engineering
Experience
Public Sector Capital
Improvement, Design
& Environmental
Expertise
Education
MS Civil Engineering,
California State University
Long Beach
Majid
Tahergorabi

CITY OF GARDENA
Public Works Engineering Division
Section 2, Page 6
Summary
Retired Project Manager and Public Works Director,
Deborah Chankin has extensive experience in planning,
Capital Improvement and construction, Ms. Chankin is a
strong candidate due to her dynamic experience in public sector civil engineering departments.

Associated Public Agencies
City of Bellflower
City of Long Beach
City of Santa Ana
Position Titles
Director of Public Works
Director of Program Development
Relevant Project Experience
 Design and manage initiatives in transportation and
transit services, the I-710 major corridor study, diesel emission reduction, regional growth planning,
watershed planning, and homeless services
 Designed structure and selection process for MTA
Gateway Cities Service Sector Governance Council
and implemented inaugural selection process
 Provide GIS services, including data maintenance,
mapping, and analysis
 Following reorganization, assumed responsibility for
Transportation Planning
 Oversaw City’s computer transportation model and, in
cooperation with City Traffic Engineer, analysis of
development impacts and Transportation Impact Fees
and Assessments
29 Years of Civil
Engineering
Experience
Public Sector Capital
Improvement Project
Budget & Planning
Expertise
Education
MPA Public
Administration, MS
Planning
University of Southern
California
Deborah
Chankin

CITY OF GARDENA
Public Works Engineering Division
Section 2, Page 7

2.4 SUMMARY
In summary, our firm believes that it is people who make projects successful. Our unique staff offers variety for the City to choose from specific areas of expertise and different levels of experience at a fraction of typical consulting rates. Our staff of early retirees offer the knowledge of public sector processes, allowing for a seamless transition into your organization as they are eager to continue contributing to their profession & their community in the next phase of their lives.

Project Partners has a track record of providing contract engineering teams to public agencies throughout the region—agencies who can vouch for our services & our staff. In the following section we will provide detailed references of municipalities across Southern California who have utilized our staff for a variety of services in recent ongoing contracts.

Section 3
Related Experience

CITY OF GARDENA
Public Works Engineering Division
Section 3, Page 1

3.1 PROVEN TRACK RECORD ON PUBLIC SECTOR CONTRACTS
Providing engineering staff augmentation support to public agencies is all that Project Partners does. Being a highly sought-after firm, we have provided this exact service through hundreds of contracts over the past 20 years. In fact, within the last 5 years alone, we have fulfilled over 100 contracts with local public agencies, and over 50 contracts with local municipalities. 1 City of Santa Ana Engineering, Technical and Administrative Support $3,500,000 2 City of Ontario As-Needed Contract, Professional Engineering Staffing Services
$1,100,000
3 City of El Monte Engineering and Water Operations Support $903,315 4 City of Corona On-Call Engineering and Professional Services $750,000 5 City of Santa Ana Engineering, Technical, and Administrative Support $500,000 6 City of Corona On-Call Engineering and Consulting $500,000 7 City of Santa Ana Engineering and Technical Support $500,000 8 City of San Gabriel Engineering Inspection and Technical Support $481,192 9 City of Oceanside As-Needed Project Management Services $471,000 10 City of South Gate Water Utility Engineering $430,000 11 City of El Monte Water Operations Support Services $310,000 12 City of Newport Beach Engineering and Inspection Support Services $300,000 13 City of Diamond Bar Engineering Project Management Services $277,960 14 City of Corona Staff Augmentation Contract $250,000
15 City of Anaheim Temp Services Contract $200,000
16 City of South Gate Public Works Project Management Services $200,000 17 City of Victorville Engineering Project Management Services $159,800 18 City of Torrance Sidewalk Inspection $150,072
19 City Of San Marcos On-Call Project Management Services $150,000 20 City of Hemet Temp Services $150,000
Over 50 Municipal Contracts for Project Management and Support Staff throughout the last 5 years
Related Experience
3 CITY OF GARDENA
Public Works Engineering Division
Section 3, Page 2
21 City of Pico Rivera Water Management Assistance $134,500 22 City of Buena Park Interim PW Director/City Engineer Support $130,000 23 City of Lancaster Project Management Support Services $125,000 24 City of Encinitas Principle Engineering Support Services $125,000 25 City of San Gabriel Project Management $121,800
26 City of Newport Beach On-Call Professional Services $120,000 27 City of San Juan
Capistrano
Temporary Engineering Support Services $120,000
28 City of Santa Clarita Project Management Support Services $115,000 29 City of Long Beach Transportation Project Management Support $99,000 30 City of San Clemente Staff Augmentation $95,000
31 City of San Gabriel Development Engineering Support $93,000 32 City of Oceanside Building Inspection Service $90,710 33 City of Ontario As-Needed PM/CM Services $89,000
34 City of Fullerton Staff Augmentation $85,000
35 City of Lancaster Traffic Technician Support Services $84,000 36 City of Signal Hill Public Works Deputy Director Services $79,560 37 City of Orange Plan Check Services $78,000
38 City of Escondido Project Engineering Support Services $63,720 39 City of El Monte Water Operations Support $60,000
40 City of Indio On-Site Technical Support $60,000
41 City of Ontario Pretreatment Inspection Services $60,000 42 City of Lawndale Interim PW Director Support Services $58,500 43 City of Covina Interim Utilities Manager $58,000
44 City of Santa Clarita As-Needed Staff Augmentation $50,000 45 City of Fullerton PSA Water Engineering Support $49,000 46 City of Torrance Sidewalk Assessment and Support $48,800 47 City of Covina Public Works Operations Manager Support $45,500 48 City of Dana Point Facility Improvement PM/CM Support $35,000 49 City of El Monte Water Operations Supervisor $30,000 50 City of Buena Park Inspection Services $29,600
51 City of Huntington
Beach
SCADA Coordinator $29,500
52 City of Pico Rivera Operations Consulting $25,000
53 City of Pasadena Project Management Staff Augmentation $24,900 54 City of Pico Rivera Engineering Support $24,265
55 City Of San Marcos Temp Services Contract $20,000

CITY OF GARDENA
Public Works Engineering Division
Section 3, Page 3

3.2 RECENT PUBLIC SECTOR REFERENCES
In the following section we will provide four detailed references for clients we have provided public works civil engineering & project management support staff in the last 5 years. These agencies include the following local municipalities:

City of El Monte
City of Anaheim
City of Ontario
City of Santa Ana

CITY OF GARDENA
Public Works Engineering Division
Section 3, Page 4

CITY OF GARDENA
Public Works Engineering Division
Section 3, Page 5

CITY OF GARDENA
Public Works Engineering Division
Section 3, Page 6

Appendix A
Resumes
Frank Sanchez, P.E.

Project Level
Civil Engineer
Qualifications
 20 Years of Professional Experience in Civil Engineering  Performed Development Plan Review within City Right of Way  Experienced in Right of Way Assessment and Acquisition  Skilled in Public Works Capitol Improvement Project Management  Has worked for the City of Long Beach, Lynwood and Downey  Experience in Design, Planning and Construction Management  Strong Communication Skills (Written And Oral)
 Good Team Player
Relevant Project Management Experience
City of Lynwood, CA (April 2012 – Jan 2013)
Project Manager
 Providing project management and construction support for Local street rehabilitation projects funded with Measure “R” bond funds. Tasks include review of streets for rehabilitation application. Development of plans specifications and engineering estimates. Administration and construction support.

Department of Public Works, City of Downey (September 2008 – January 2011) Senior Civil Engineer
 Functioned as Senior Civil Engineer in responsible charge of public works projects as related to City of Downey Street, utility and facilities improvements. Managed and administered consultant contracts for design, construction inspection, materials testing, right-of-way acquisition and relocation assistance. Managed and directed junior engineering staff and aids for the development and construction of in house designed street rehabilitation projects.

Project Partners
Frank Sanchez
Summary of Qualifications

Department of Public Works, City of Long Beach (March 2001 – September 2008) Civil Engineer
 Involved in all aspects of public works projects. Responsible for increasingly complex tasks as required in order to meet department goals and objectives. Strong background in design and project management and has acted in the Senior Engineering capacity when required as called upon.

Associate Civil Engineer (February 2000 – March 2001)
 Performed engineering tasks in the planning, design, estimating and construction of City of Long Beach street, utility, park facility, buildings and other structures in accordance with City of Long Beach standards.

Assistant Civil Engineer (March 1998 – February 2000)
Assisted senior engineers in the development of plans and specifications for various public works improvement projects. Tasks included drafting, technical writing and collection and investigations of plans and standards
Other Municipal Related Experience
NV5, Inc. Irvine, CA (2018 – 2019)
Project Manager
 Provide on-call project management services for the construction of Capital Improvement Projects (CIP). Projects under construction include; FY 17-18 Citywide Sidewalk Replacement, The Walnut Street Parking Lot Reconstruction Project, The Hildreth Street Traffic Mitigation Project, The Civic Center Complex Exterior Lighting and Wayfinding Signage Improvements. Projects under design include; The Police Department Parking Lot Expansion, The Long Beach Boulevard Urban Greening Improvements Project, The Garfield Avenue Complete Streets Project and FY 18-19 Citywide Sidewalk Replacement Project.

Tasks include managing, coordinating and corresponding with designers, contractors, utility representatives, city staff and the public at large.

Onward Engineering, Anaheim, CA (July 2017 – Sept 2017) Public Works Construction Inspection
 Provided Public Works Inspection services for the City of Diamond Bar Road Rehabilitation of Morning Canyon Drive and the City of Laguna Beach 2017 Annual Street Improvement Project. Tasks included attending weekly construction meetings, field observation and photo verification of work, daily reporting, correspondence with the project manager for project submittal approvals, responses to RFI’s and clarifications of construction documents. My duties also included verification of contractors work quantities and payment requests, coordination of independent material testers and employee interviews for prevailing wage verification.

Project Partners
Frank Sanchez
Summary of Qualifications

Civil Source, Inc., Irvine, CA (May 2016 – June 2017)
Project Manager
 Provide on-call project management services for the construction of Capital Improvement Projects (CIP). Projects under construction include the Firestone Blvd. Bridge Widening, Sports Center Roof Replacement, Civic Center Improvements, Senior Center Exterior ADA Improvements Project No. 113, Sewer Rehabilitation at Various Locations Project No. 116, Concrete Improvement Project No. 128, Slurry Seal Improvements Project No. 129 and the Annual Street Overly project No. 130. Tasks include managing, coordinating and corresponding with designers, contractors, utility representatives, city staff and the public at large.

Onward Engineering, Anaheim, CA (Aug. 2014 – April 2015) Engineering Staff Augmentation
 Provided project management services for the City of Redondo Beach of Regional Measure “R” transportation improvements to the Pacific Coast Highway. Tasks included managing design consultants and their respective contracts. The coordination of right-of-way purchases and dedications. Reviewed traffic studies, soils reports and hydrology reports for design and utility purpose. Coordinated with Caltrans, LA County Flood Control and private businesses for design approvals and construction permitting.

Civil Source, Inc., Irvine, CA (Jan. 2014 – August 2014) Construction Services Officer
 Managed Construction and Inspection Services of public and private construction within the public right-of-way for the City of Costa Mesa as required under conditions of approval.

Routinely, assigned inspectors for assignment coverage and reviewed discrepancies contrary to city standards. Tasks included Contractor and Utility company correspondence, review of pans and specifications for compliance and oversight of contractor payments.

GK & Associates Diamond Bar, CA (April 2011 – Sept 2011)  Provided project management and construction management services for Capital Improvement Projects in support of local municipalities on an as needed basis.

Summary of Skills and Accomplishments
 Responsible for project management of the 6 million dollar measure “R” bond funded local street rehabilitation program for City of Lynwood, Public Works Department.  Provided engineering review of development plans for conformance to city standards of proposed improvements within the city right of way.
 Utilized advanced land surveying knowledge for review of preliminary plat maps and final track maps for accuracy and completeness.

Project Partners
Frank Sanchez
Summary of Qualifications

 Utilized advanced land surveying knowledge for review of lot line adjustments, easement location and legal description.
 Assisted NPDS officer with grading plans review for storm water rater runoff determination and treatment compliance.
 Reviewed finished floor elevations certificates of new construction for conformance with flood plain elevation requirements.
 Provided construction management and construction support services for Cesar Chavez Park and Community Center construction contracts Phase I and Phase II in the City of Long Beach.
 Coordinated the design of City of Long Beach owned storm drain facility improvements with the design and implementation of Los Angeles County, Termino Storm Drain project.
 Served as City of Long Beach FEMA Floodplain Plane Coordinator in charge of floodplain issues, determination of property flood zone designation, processing of Letters of map revision and management of the city’s participation in the Community Rating System (CRS).
 Selected, directed and managed consultant architects and engineers as required in order to meet department goals and objectives.

Education
MS California State University, Long Beach (1998) Advanced Civil Engineering BS California State University, Long Beach (1994California State University Fullerton, CA In Civil Engineering
Master of Science –course work in land surveying and mapping, Santiago Community College Computer Skills
Knowledge of computers Microsoft Word
Microsoft Excel Microsoft Project
Microsoft Power Point AutoCAD 14
Professional License
Licensed Professional Engineer, California certificate No. C- 61326 Majid Tahergorabi
Project Level
Associate Engineer
Qualifications
 Senior Associate Engineer With Over 21 Years Of Experience  Over 15 Years Experience With U.S. Department Of Housing  Proficient In Technical Review Of Reports And Design To Ensure Compliance Requirements
 Strong Written And Oral Communication Skills
 Team Player
Relevant Experience
U.S Department of Homeland Security, (FEMA) (2021-present) Environmental Protection Specialist
 Reviewing and analyzing requirements and business process for the implementation of environmental and historic preservation laws such as the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and other laws and executive orders of FEMA partner agencies for the purpose of identifying opportunities to streamline environmental and historic preservation compliance during disaster recovery.

Naval Weapons Station Seal Beach - Planning and Engineering Contractors Support (2018) (Contractor)
Design Manager
 Design of new structural components using Codes and AutoCAD 2016.  Technical Review of reports and design to ensure compliance requirements. Prepare Request for Proposals and / or Scope of Work (SOW).
 Research Codes, guidance, policies, procedures, processes, criteria, and federal laws and regulations.
 Cost Estimating, RS Means- including labor, travel requirements, material, and rental equipment, overhead, and other direct costs
Project Partners
Majid Tahergorabi
Senior Engineer

U.S. Department of Homeland Security, (FEMA) (2016-2017) Technical Engineering Specialist — Civil Engineer-Structural Engineer- Cost Specialist  Providing technical advice to industrial or managerial personnel regarding design, construction, or program modifications or structural repairs.  Inspecting project sites to monitor progress and ensure conformance to design specifications and safety standards.
 Directing engineering activities ensuring compliance with environmental, safety, or other governmental regulations. Identifying environmental risks and developing risk management strategies for civil engineering projects.
 Planning and designing transportation or hydraulic systems or structures using computer assisted design or drawing tools.

Typical projects responsible: Slope Stabilization, Roads and Streets, Bridges, Culverts, Dams, Levees, Canals, Buildings, Aircraft Hangars, Boat Ramps, Boat Docks and Piers, Golf Course, Storm and Sanitary Sewers, Lift Stations and Pump Stations.

U.S. Department of Housing (2000-2015)
Civil Engineer
 Review of plans, specifications, costs for the construction of the new, substantial rehabilitation of mixed — used multifamily project, and nursing facilities (OSHPD requirements for seismic compliance and inspection)-
 Interact successfully with a Wide variety of professional such as contractors, architects, engineers, owners, attorneys, and city permit official on technical issues.  Serve as technical trainer for other architects, engineers, and cost analysts.  Review project admin. docs (RFI, Submittals, Change Orders, etc.)  Review schematics, feasibility studies, reports, and cost estimates.  Coordinated construction activities, inspected work in progress, and certified completion.
 Presided over bi-weekly project meetings with contractors and architects, and prepared field inspection report for managements and quality control.  Inspect and prepare Seismic Hazard Analysis reports for existing mixed-use multifamily and nursing facilities for Compliance based on IBC 2012, and CBC 2010 / ASCE 7-05.  Review seismic reports from Structural Engineer for HUD compliance requirements for new mixed-use multifamily and Nursing facilities.
 Review soil reports from Geotechnical Engineer.
 Set-up internal tracking database for project cost history for southern California.  Review and analyze cost estimate reports, construction drawings and specifications from 3rd party, lender's architect and cost analyst.
 Review 3rd party technical reports for compliance with HUD Minimum Property Standards, Fair Housing Accessibility Guidelines, Uniform Federal Accessibility Standards (UFAS), ADA, local codes, and California Building Code.  Conduct pre-construction meeting for owners, architects, contractors, and attorneys.  Perform site inspection from start of construction to final inspection and occupancy.

Project Partners
Majid Tahergorabi
Senior Engineer

 Analyze complex problems and recommended solutions.

Education
MS CSU Long Beach, CA
Civil Engineering
BS CSU Long Beach, CA
Civil Engineering
Professional License/Certification
Registered Professional Civil Engineer - Overseas
Engineer in Training - CA
General Building Contractor - CA
10 Hrs. OSHA - Certificate
Software Skills
SAP 2000, AutoCAD 2016, RS Means, MS Office 2016
Deborah Chankin
Project Level
Sr. Project Manager
Qualifications
 Over 29 Years of Public Works, Finance and Planning Experience  Strong Executive Leadership Skills within Municipal Government  Negotiated Innovative Public Private Agreements for CIP and Construction  Successfully Managed MTA Grant Application Process for City of Long Beach Bike Station
 Served as Budget Manager for City’s $92 Million Capital Budget  Highly Skilled at Responding to Problems, Deadlines, and Information Requests  Results-Oriented Professional with Proven Communication and Analytical Skills Relevant Experience
City of Bellflower (November 2007-April 2014)
Director of Public Works
 Provided executive leadership to newly re-established municipal Public Works Department for city of 75,000 residents
 By combination of employees, contractors and special districts oversee capital projects, engineering, street, facility and ground maintenance, refuse, recycling, NPDES compliance, sewer, storm drain, and limited water service  Constructed deep ground water well and placed into operation  Constructed 2.5 mile bike trail and parkway on unused transit property  Negotiated lease of utility property and constructed 16 acre park - the City’s largest  Successfully sponsored state legislation governing such leases  Negotiated admission into capital program of regional sewer maintenance district and successfully campaigned for public acceptance of new fee  Created rotation program for Maintenance Crew Leaders  Revitalized City’s ADA transition activity

Project Partners
Deborah Chankin
Summary of Qualifications

Gateway Cities Council of Governments (August 2001-October 2007) Director of Program Development
 Staff to 27-city COG in southeast Los Angeles County
 Design and manage initiatives in transportation and transit services, the I-710 major corridor study, diesel emission reduction, regional growth planning, watershed planning, and homeless services
 Provided leadership for I-710 Major Corridor Study serving Port of Long Beach and adjacent communities; designed and staffed its public participation structure of 2- tiered Community Advisory Committees
 Designed structure and selection process for MTA Gateway Cities Service Sector Governance Council and implemented inaugural selection process  Prepared comments for California High Speed Rail EIR used years later as basis of negotiations
 Obtained regional bike trail grant for vacant transit property and oversaw design consultant
City of Long Beach, CA (February 1989-August 2001)
Special Assistant to the City Manager (2 year loan between 08/01-10/07)  2 Year Executive Loan to the Gateway Cities Council of Governments (COG) from City of Long Beach
Manager, Administration and Planning (February 1999-August 2001)  Develop and administer $100 million City capital improvement program  Provide personnel services for up to 700 employees
 Develop and administer Department operating budget
 Provide GIS services, including data maintenance, mapping, and analysis  Report to Public Works Director and act for him from time to time in his absence  Established goals, procedures, and working relationships for newly created Administration Bureau
 Created monthly Department personnel forum
 Developed capital project financial reports
 Organized training of office personnel to staff EOC for New Year’s Eve 2000  Negotiated relevant portions of innovative public private agreement for bidding and construction of public improvements for shoreline retail project and completed bidding for multi-level parking garage
City Budget Manager (March 1998-January 1999)
Department of Financial Management
Administrative Services Manager (October 1994-March 1998) Department of Financial Management
Project Partners
Deborah Chankin
Summary of Qualifications

Transportation and Capital Planning Officer (March 1992-October 1994) Department of Public Works
 Following reorganization, assumed responsibility for Transportation Planning  Oversaw City’s computer transportation model and, in cooperation with City Traffic Engineer, analysis of development impacts and Transportation Impact Fees and Assessments
 Administered engineering contracts and managed inter-governmental aspects of transportation
 Represented City of Long Beach at the L.A. County MTA’s Technical Advisory Committee and Southeast L.A. County Public Works Officers monthly forum  Briefed City Council on transportation issues
 Wrote and shepherded successful MTA grant applications including Downtown Long Beach Bike Station and Willow Street Blue Line Station Joint Development  Obtained Economic Development grant for rail freight corridor  Steered Long Beach Traffic Circle redesign through Caltrans District Office in record time
 Negotiated multi-million dollar rail traffic mitigation agreement with Ports of Long Beach and Los Angeles
 Staffed Transportation Subcommittee of Citizen Advisory Committee on the Queensway Bay development resulting in favorable citizen recommendation Administrative Officer-Engineering Bureau (February 1989-March 1992) Department of Public Works
 Served as budget manager for the City’s $92 million capital budget  Staffed CIP committee consisting of Assistant City Manager and several Department heads
 Presented capital budget to Planning Commission
 Administered bidding and award of construction contracts, engineering consultant selections, consultant contract development and Davis-Bacon compliance  Provided administrative services to Engineering Bureau’s 125 employees  Led City’s conversion to a two-year cycle for capital budgeting  Developed new Civil Service classification of Capital Project Coordinator  Initiated client survey for capital project design and construction services  Created cost accounting system and capital project tracking system  Designed citywide brochure to acquaint MBE/WBE’s with the City’s procurement procedures and earned City’s first award for Excellence in Capital Budgeting from the California Society of Municipal Finance Officers
Project Partners
Deborah Chankin
Summary of Qualifications

City of Santa Ana, CA (August 1985-January 1989)
Administrative Services Manager; Administrative Assistant II- Public Works Agency  In each of these management positions, provided staff support to Executive Director of the City’s Public Works Agency
 Regularly represented Agency at City Manager’s City Council agenda review meetings
 Automated Agency’s budget and capital project information  Provided project management and communications training to engineering staff  In June 1987, assumed key role in design and implementation of merger of Water Department and Public Works Agency
Education
MPA University of Southern California, Los Angeles, CA
Public Administration
MS University of Southern California, Los Angeles, CA
Planning
Specialized Training
 Administration of Public Works Construction Contracts, University of California Extension, Institute of Transportation Studies
 Creating and Leading a Project-Centered Organization Academy, Anderson School of Management at UCLA
 Earthquake, California Specialized Training Institute  Federal Aid Transportation Project Administration, California State University, Sacramento
 Fundamentals of Debt Financing, California Debt Advisory Commission  Introduction to California Water Management and Ecosystem Restoration, University of California at Berkeley Extension
 Mechanics of a Bond Sale, California Debt Advisory Commission  Municipal Engineering Fundamentals for Non-engineers, University of Wisconsin at Madison, College of Engineering, Dept. of Professional Development  State Emergency Management System EOC Course
Project Partners
Deborah Chankin
Summary of Qualifications

Professional Affiliations
 Member, Donald C. Stone Center, Research Council
 Member, APWA Southern California Chapter; Member, Newsletter Committee  Member, Steering Committee, Gateway Cities Council of Governments Public Works Officers
 Member, League of California Cities Revenue and Taxation Committee, representing Public Works Officers
Awards
 Public Works Leadership Fellow (designation of the American Public Works Association)
 2013 BEST Project Award in the Creative and Innovative category to the City of Bellflower for “Rights of Way to Open Space.” Awarded by Southern California Chapter APWA
 Award of recognition for contribution toward the creation of parks, trails and open space and California Assembly Bill 521. Awarded by San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, November 2009  City of Long Beach Outstanding Service Award, various years, in recognition of achieving the California Society of Municipal Finance Officers Award of Excellence in Capital Budgeting
Appendix B
Fee Schedule
Project Partners’ 2021
Standard Rate Schedule

CLASSIFICATION
Proposed Associate Engineer for the City of Gardena………………………………………………$100 Proposed Civil Engineer for the City of Gardena……………………………….……….…………....$110 Proposed Senior Project Manager for the City of Gardena…….......…….......................$130 Engineering
Entry Level Engineer………………………………………………………………………………………………………………..$75 Assistant Engineer ........................................................................................................................$80 Staff Engineer ...............................................................................................................................$85 Project Engineer ...........................................................................................................................$90 Project Management
Associate Project Manager ........................................................................................................ $100 Project Manager ........................................................................................................................ $110 Sr. Project Manager I ................................................................................................................. $120 Sr. Project Manager II ................................................................................................................ $130 Sr. Project Manager III ............................................................................................................... $140 Engineering Analyst
Engineering Analyst I ....................................................................................................................$65 Engineering Analyst II ...................................................................................................................$75 Engineering Analyst III ..................................................................................................................$80 Engineering Technician
Engineering Technician I...............................................................................................................$65 Engineering Technician II..............................................................................................................$70 Engineering Technician III.............................................................................................................$80 Sr. Engineering Technician ...........................................................................................................$90 CAD
CAD Technician .............................................................................................................................$65 Sr. CAD Technician ........................................................................................................................$80 CAD Designer ................................................................................................................................$95 Sr. CAD Designer ........................................................................................................................ $110 GIS
GIS Analyst ....................................................................................................................................$80 Sr. GIS Analyst............................................................................................................................ $105 GIS Administrator ...................................................................................................................... $125 Specialist Engineer
Specialist Engineer I ................................................................................................................... $145 Specialist Engineer II .................................................................................................................. $155 Specialist Engineer III ................................................................................................................. $165 Standard Billing Rates subject to change on January 1 st of each year

HOURLY BILLING RATE

September

2 , 202
1 Kevin Kwak

City of
Gardena

1700 W. 162nd Street

Gardena
, CA
90247

SUBJECT:

Proposal for
As
-
Needed
Civil Engineer
Support

Dear
Mr.

Kwak
,

Project Partners is pleased to offer
this proposal for

As
-
Needed
Civil Engineer

Support
to

the

City of
Gardena

(C
ity
)
.

Below is our proposed scope of work and level of effort .

Scope of Work

Project Partners understands that
the

City
is interested in
As
-
Needed
Civil Engineer

Support
.

We also understand that there is a

need
to
initially
as
sist with

the following
potential
CIP
projects:



Vermont Avenue Street Improvement from Artesia Blvd to Gardena Blvd: $600,000,



STPL funded



Budlong Avenue from 135th St to Redondo Beach Blvd and Halldale Avenue from 135
th

to El Segundo Blvd Street Improvem
ent: $
900,000, Measure M
-
Local funded



Crenshaw Blvd Street Improvements from Rosecrans Ave to El Segundo Blvd:



$600,000, Prop C funded



Vermont Avenue Street Improvements from Rosecrans Ave to 135th St: $150,000,

Measure M
-
Local (Multi
-
year

project, 1st yea
r design only)



Pedestrian Safety Improvement Projects at various locations: $380,000, M easure
RLocal and SB 821 funded



Van Ness Avenue Street Improvements from Redondo Beach Blvd to Marine Ave:

$1,450,000, Pr
op C and Measure M
-
Local funded



Local Street Imp
ro
vements: $2,443,047, SB1 funded

Other projects
and other miscellaneous assignments
may
be added as need and time allow.

Project Duration & Level of Effort

We are proposing that
Project Partners will
designate

our staff to work on City assigned
project
s/task for
approximately

2 0

(twenty) hours/per week
.

We will adjust our staff’s
schedule, as needed, to accommodate project needs and to facilitate our ability to meet the Project Partners
Proposal

As
-
Needed
Civil Engineer

Support

Page
2 of
2 City’s goals.

However, we will manage and track our staff’s time to ensure he does

not
exceed 960 hours per fiscal year.

We are proposing

the As
-
Needed
Civil Engineer

Support will be
implemented
in a two
-
phase
approach as shown below:

Phase 1

Duration: 1
2 Months

Octo
ber
2021

to
Octo
ber
202
2 Phase 2

Duration:
(Option To Extend
Up To A
dditional 18 Months)

Octo
ber
202
2 to
March
2024

Proposed Staff

Project Partners is proposing
Mr. Frank Sanchez

to provide senior project manager support.

Mr. Sanchez has
over
2 3

years of professional experience in civil engineering
,
has
performed
dev
elopment plan review within city right of way
,

and is experienced in right of way
assessment and acquisition. He is skilled in public works capital improvement project management and has worked for the cities
of Long Beach, Lynwood and Downey
. Mr.

Sanche
z has extensive experience in design, planning and construction management.

Billing Rate
and Project Budget

Project Partners billing rates

and budget
for our proposed
Senior Project Manager
i
s
shown
below. .

Phase

Billing Rate

Estimated Budget

Phas
e 1 (1
2 Months)

$
1 10
.
00 $
1 15
,000

Phase 2 (
Extend
Additional 1
8 Months
)

$1
10 .00

$1
60 ,000

Total

$
27 5
,000

Again
,

I would like to thank you for
utilizing Project Partners
services and

as always,

should
you have any questions or desire additional informat
ion, please do not hesitate to call at any
time. We look forward to
providing
excellent
services to

you and your staff.

Sincerely,

Kimo Look, P.E.

Project Partners

PLANNING AND ENVIRONMENTAL

QUALITY COMMISSION
Regular PEQC Action Sheet
Website: www.cityofgardena.org
Tuesday, November 1, 2022 – 7:00 PM
1700 W. 162nd Street, Gardena, California

5. PUBLIC HEARING ITEMS

5. A Extension Request for Tentative Parcel Map No. 82410 (PM #1-18)

The Planning Commission considered a request for extension of time of Tentative Parcel Map No. 82410, to subdivide a 17,221 square foot property at 15906-15908 S. Manhattan Place creating two separate parcels in the Low-Density Multiple- Family Residential (R-2) zone, consistent with Title 17 and Title 18 of the Gardena Municipal Code and filing of a Notice of Exemption.

APPLICANT: Nancy Hurt Canady
LOCATION: 15906-15908 S. Manhattan Place

Staff Report
• Attachment A – Statement of Reasons for Extension of Time • Attachment B – Tentative Parcel Map No. 82410

Commission Action: The Planning Commission approved the extension request for Tentative Parcel Map No. 82410 (PM #1-18), by vote of 4-0-0, approving a 12-month extension of time for the tentative map.

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 12.A
Section: DEPARTMENTAL

ITEMS - ADMINISTRATIVE

SERVICES
Meeting Date: November 8, 2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Approve Health Benefits Third-Party Administrator (TPA) Professional Services Agreements with Pinnacle Claims Management, Inc. for $498,571 and Rightway Healthcare Inc, for $ 63,999.

COUNCIL ACTION REQUIRED:

Staff Recommendation: 1) Authorize and Execute Professional Services Agreement with Pinnacle Claims Management, Inc and 2) Authorize and Execute Professional Services Agreement with Rightway Healthcare Inc.

RECOMMENDATION AND STAFF SUMMARY:

Staff respectfully recommends that the City Council authorize and execute an agreement with Pinnacle Claims Management, Inc. and Rightway Healthcare, Inc. for professional services as the Third-Party Administrator (TPA) of the City's self-insured health benefits plan for the period from February 1, 2023 through January 31, 2026.

The City self-insures its Health Insurance, Dental, and Vision contracts with a TPA to administer claims for its benefits program. The TPA model provides the City with the flexibility to maintain its benefit offering without the plan design constraints that exist within fully-insured insurance contracts. In addition, the self-funded nature of the plans saves the City money be removing insurance carrier profit margins from the equation.

The City’s broker, Alliant Insurance Services, Inc., issued a request for proposal (RFP) for all Third-Party Administrator (TPA) managing Self-Insured Health Benefit Administration and Care Navigation Coordinators in the Anthem Medical network and received six (6) qualified responses for the Health Benefit Administrator and three (3) qualified responses for the Care Navigation Coordinator. The City and its broker did a comprehensive review of each of these proposals and invited the top three (3) candidates managing Self-Insured plans; Lucent Health, Trustmark and Pinnacle Claims Management Inc., as well as the three (3) candidates who submitted proposals for Care Navigation Coordinator: Accolade, Quantum and Rightway Healthcare Inc., to participate in a panel interview with City staff and our broker. The City considered various factors in making a final selection, including annual claims administration fee, member experience, staffing levels and team structure, approach to claims management, public clients and client references and the companies fit with the City. Based on these factors, staff recommends Pinnacle Claims Management Inc., and Rightway Healthcare, Inc. as the best qualified candidates to meet the City's needs and administer the self-insured health benefits plan.

Pinnacle Claims Management Inc. (PCMI) is an all-inclusive third-party administrator that provides a full suite of comprehensive health benefits administration to self-funded employers in all industries. PCMI is independently owned, has more than 60 years of experience in the health benefits industry. They serve many different types of self-funded organizations in private industries as well as government entities and programs. Their services include claims and benefit administration, pharmacy benefits management and wellness, stop-loss insurance, Affordable Care Act (ACA) reporting and print and payment solutions.

Rightway Health Care Inc. provides clinical navigation to help members and their families navigate their health and the healthcare system via an intuitive app, web platform, and dedicated phone line. Core clinical navigation services include: clinical guidance, provider search, benefits promotion and navigation, billing & claims advocacy, and quarterly reporting.

Founded in 2017, Rightway’s goals are to improve the employees' healthcare experience and decrease employers’ total expenditures.

PCMI and Rightway Health Care Inc, will replace the City's current TPA, HealthNow Administrative Services (HNAS). HNAS, who's contract expires on January 31, 2023, has been the City's TPA for one year. The City’s experience with HNAS has been unsatisfactory, there have been numerous employee/member complaints ranging from delay in claims being paid, incorrect information provided by Customer Service, long call times, to issues with delivery of ID cards. The City’s Human Resources team has been compelled to conduct weekly/biweekly meetings with HNAS to ensure they are resolving these routine issues in a timely manner. As a result of this experience, the City identified a need for better member services, therefore we pursued the option of adding a Care Navigation Coordinator in conjunction with the new TPA. In addition, by making this move the City will save an estimated $35,241 over a three-year period, or an average of $11,747 per year, compared to the contract the City had with HNAS.

The Health Benefits Committee reviewed and approved these recommendations during the Committee meeting on Thursday October 27, 2022.

Staff therefore recommends that the City Council approve the professional services agreements with Pinnacle Claims Management Inc. and Rightway Healthcare Inc.

FINANCIAL IMPACT/COST:

Fiscal Year
Total Fixed Costs
Funding Source
2022-2023
$77,449
Health Benefits Fund 18
2023-2024
$185,878
Health Benefits Fund 18
2024-2025
$185,878
Health Benefits Fund 18
2025-2026
$113,365
Health Benefits Fund 18
TOTAL
$562,570

ATTACHMENTS:

Staff_Report_-_RFP__TPA_November_8_2022.pdf
PCMI_-_ASA_Agreement_FINAL.pdf
Rightway_MSA__with_Telemed.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

City of Gardena Agenda Item No. 12.A
City Council Meeting Department: Administrative Services Meeting Date: November 8, 2022

AGENDA STAFF REPORT

AGENDA TITLE: HEALTH BENEFITS THIRD-PARTY ADMINISTRATOR (TPA)

PROFESSIONAL SERVICES AGREEMENTS

RECOMMENDATION:

Staff respectfully recommends that City Council authorize and execute an agreement with Pi nnacle Claims Management, Inc and Rightway Healthcare, Inc for professional services as the Third-Party Administrator (TPA) for the City's self -insured health benefits plan for the period from February 1, 2023, through January 31, 2026.

BACKGROUND:

The City self -insures its Health Insurance, Dental, and Vision contracts with a TPA to administer claims for its benefits program. T he TPA model provides the City with th e flexibility to maintain its benefit offering without the plan design constraints that exist within fully-insured insurance contracts.

In addition, the self -funded nature of the plan saves the City money be removing insurance carrier profit margin from the equation.

The City’s broker Alliant Insurance Services, Inc issued a request for proposal (RFP) for all Third - Party Administrator (TPA) for Managing Self Insured Health Benefit Administration and Care Navigation Coordinators in the Anthem Medical network and received six qualified responses for the Health Benefit Administrator and three qualified responses for the Care Navigation Coordinators:

Health Benefit Administrator

1. HealthComp

2. Lucent Health

3. Marpai

4. Pinnacle Claims Management, Inc

5. Trustmark

6. Allied Benefit Systems

Care Navigation Coordinators

1. Accolade

2. Quantum

3. Rightway Healthcare, Inc

City Administrative Services Staff and the City’s health insurance broker Alliant Insurance Services, reviewed the proposals based on annual claims administration fee to the City, overall value proposition and additional services available, member experience, staffing levels and team structure, the TPA’s approach to claims management, implementation processes, Public Clients and Client references, performance guarantees, and the overall total projected three year costs. The top three Health Benefit Administrators were selected to move forward, and all thre e Care Navigation Coordinators were selected to participate in an in-person interview on Monday October 17, 2022, with City Staff and our brokers. The staff included on the interview panel was Ray Beeman, Director of Administrative Services, and Diana Schnur, Human Resources Manager, and our brokers Tom Quirk, Vice President, Alliant Insurance Services and Rebecca Morales, AVP Account Executive, Alliant Insurance Services.

The three firms interviewed and their projected 3 -Year Total Fees were as follows

Health Benefit Administrator

1) Lucent Health – Average Annual Fixed Fee- $ 169,489 or an Estimated 3 Year Total Annual Fixed Fees of $508,468

2) Trustmark - Average Annual Fixed Fee-$ 182,541 or an Estimated 3 Year Total Annual Fixed Fees of $547,621

3) Pinnacle Claims Management, Inc - Average Annual Fixed Fee-$ 166,190 or an Estimated 3 Year Total Annual Fixed Fees of $498,571

Care Navigation Coordinators

1) Accolade – Average Annual Fixed Fee- $ 75,000 or an Estimated 3 Year Total Annual Fixed Fees of $225,000

2) Quantum - Average Annual Fixed Fee- $91,423 or an Estimated 3 Year Total Annual Fixed Fees of $274,269

3) Righyway Healthcare, Inc - Average Annual Fixed Fee-$ 21,333 or an Estimated 3 Year Total Annual Fixed Fees of $63,999

The Current annual fixed fees for Health benefits Administration with our current provider HNAS is $166,450 per year.

The Current annual fixed fees for Care Navigation Coordinators with our current provider HNAS is $32,820 per year.

The total current annual fixed fees the City pays for both Health Benefits Administration and Care Navigation Coordination is $199,270.

The panel interview consisted of each applicant presenting a power point presentation or hand out on the specifics of what their company had to offer the City, and this was followed by a question and answer round table with the applicants. After all the applicants had gone the panel discussed the specifics of each of the distinctive services offered by each company, the companies fit with the City and the relative cost of each. Staff is recommending the Health Benefit Administrator contract be awarded to Pi nnacle Claims Management, Inc and the Care Navigation Coordinator contract be awarded to Rightway Healthcare, Inc. With these new contracts the City would save an estimated $35,241 over a three-year period and an average of $11,747 per year with this change ($562,570 in total estimated fees compared to the current estimate if we stayed with HNAS of $597,811). Pinnacle and Rightway will replace the City's current TPA; HealthNow Administrative Services (HNAS) who's contract expires on January 31, 2023 and has been the City's TPA for only this one year. The City’s experience with HNAS has been unsatisfactory, there have been numerous employee/member complaints ranging in delay in claims being paid, incorrect information provided by Customer Service and issues with delivery of ID cards. The City’s human resources team has been forced to conduct weekly/biweekly meetings with HNAS to ensure they are resolving these routine issues in a timely manner. As a result of this experience the City identified a need for better member services, therefore we pursed the option of adding a Care Navigation Coordinator in conjunction with the new TPA.

Pinnacle Claims Management Inc. (PCMI) is an all-inclusive third-party administrator that provides a full suite of comprehensive health benefits administration to self -funded employers in all industries.

PCMU is independently owned has more than 60 years of experience in the health benefits industry.

They serve many different types of self -funded organizations in private industries as well as government entities and programs. Their services include claims and benefit administration, pharmacy benefits management and wellness, stop loss insurance A ffordable Care Act (ACA) reporting and print and payment solutions.

Rightway Health Care Inc. provides clinical navigation to help members and their families navigate their health and the healthcare system via an intuitive app, web platform, and dedicated phone line.

Core clinical navigation services include; clinical guidance, provider search, benefits promotion and navigation, billing & claims advocacy, and quarterly reporting. Founded in 2017, Rightway’s goals are to improve the employees healthcare experience and decrease employers’ total expenditures.

The Health Benefits Committee reviewed and approved these recommendations at their meeting on Thursday October 27, 2022.

CONCLUSION:

Based on all the factors of service, cost and fit with the City of Gardena, and the extensive process the City went thru to select a new TPA, staff recommends that City Council approve a professional services agreement with Pinnacle Claims Management , Inc and Rightway Healthcare, Inc for professional services as the Third-Party Administrator (TPA) of the City's self-insured health benefits plan for the period February 1, 2023, through January 31, 2026.

Submitted by: Ray Beeman, Director of Administrative Services Date: November 8, 2022

ADMINISTRATIVE SERVICES AGREEMENT
SECTION 1 – DECLARATIONS
This administrative services agreement (“Agreement”) is entered into between City of Gardena , a Municipality whose offices are located at 1700 West 162nd Street, Gardena, CA 90247 (hereinafter referred to as “ADMINISTRATOR”) and Pinnacle Claims Management, Inc., whose corporate offices are located at 15525 Sand Canyon Avenue, Irvine, California, 92618, a licensed professional Third Party Administrator (hereinafter referred to as “TPA”).

WHEREAS ADMINISTRATOR has established an employee benefit health care plan for certain employees and their eligible dependents. A copy of the written description of the Plan (the Summary Plan Description) is attached hereto as Attachment D, and is made a part of this Agreement for the limited purpose of defining the Plan;

WHEREAS ADMINISTRATOR wishes to fund the Plan, assume liability for payment of benefits described in the Plan, and thereby act as Plan fiduciary;

WHEREAS, TPA has the capability and capacity to provide certain employee benefit health care plan administrative services; and

WHEREAS, ADMINISTRATOR desires to retain TPA to provide said services, and TPA is willing to perform such services under the terms and conditions hereinafter set forth;

NOW, THEREFORE in consideration of the mutual promises contained in this Agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ADMINISTRATOR and TPA hereby agree as follows:

SECTION 2 – PLAN

Wherever in this Agreement reference is made to the term “Plan”, it shall mean the self-insured program(s) adopted by ADMINISTRATOR for providing health and welfare benefits for certain employees and their eligible dependents, as set forth in Attachment D, and hereby made part of this Agreement.

Plan Benefit Summaries / Summary Plan Description are described as follows:

Plan Effective Date: February 1, 2023
Name of Plan: City of Gardena Health and Welfare Plan

SECTION 3 – DEFINITIONS

The following terms, when capitalized throughout the Agreement or any Attachments or Amendments thereto, shall have the meanings set forth below.

Beneficiaries – the persons entitled to receive benefits under the Plan.

Plan – the health benefit plan sponsored by ADMINISTRATOR.

Service Fees – the fees set forth in Attachment C, which ADMINISTRATOR agrees to pay TPA in compensation for services provided by TPA under the Agreement.

Summary Plan Description – refers to the written description of the benefits provided under the Plan.

SECTION 4 – TERM OF THE AGREEMENT

This Agreement shall be effective as of February 1, 2023 (the “Effective Date”) and will remain in effect for an initial term of 12 consecutive months (the “Initial Term”) . The ADMINISTRATOR may renew this Agreement for additional 12-month periods (each a “Renewal Term”) (collectively the Initial Term and any Renewal Term are referred to as the “Term”), by completing a renewal form prior to the end of the applicable Term. This Agreement may be discontinued earlier in accordance with Termination of the Agreement provisions set forth below.

A. Termination of the Agreement – This Agreement may be terminated at the earliest time specified below:

1. The date of discontinuance of the Plan.

2. After the Initial Term, the parties may elect to enter into one year Renewal Terms .

ADMINISTRATOR shall notify TPA in writing of its desire to renew , by completing a renewal form prior to the end of the applicable Term.

3. The date ADMINISTRATOR fails to provide funds to the Bank as necessary for the payment of drafts or checks accepted by TPA on behalf of ADMINISTRATOR.

4. The date any Service Fee is delinquent in accordance with the delinquency provision, as set forth in Section 9.B.3.

5. Upon 15 days’ written notice if either party commits any material breach (except as described above in paragraphs 3 and 4) of this Agreement. Should the breaching party completely cure, to the reasonable satisfaction of the other party and within the 15- day notice period any particular default(s) or failure(s) of performance for which the other party has provided notice of termination of the Agreement, this Agreement shall remain in force. However, the non- breaching party may exercise its right to terminate the Agreement immediately, without a 15-day notice and cure period, if the breach is similar to, or of the same type or nature as, a previously cured breach, notwithstanding any cure by the breaching party.

B. Notice of Termination to Beneficiaries – ADMINISTRATOR agrees to promptly notify affected Beneficiaries of the termination of this Agreement at least 30 days prior to the effective date of such termination, except in the case of a termination of this Agreement for cause, in which case ADMINISTRATOR shall immediately notify Beneficiaries of such termination.

C. Post-Termination Provisions – Upon termination of this Agreement, the following provisions will apply:

1. Except as provided in these post termination provisions and any mutually agreed upon post - termination agreement, all duties and obligations of TPA and ADMINISTRATOR shall cease upon termination of the Agreement.

2. TPA shall process all clean claims, or claims that are received without the need for edits or further investigation by claims examiners, it receives prior to termination of the Agreement and in accordance with the termination timeline mutually agreed upon between TPA and ADMINISTRATOR. This processing shall include claims adjudication, preparation of benefit checks, and the processing of any recoveries for overpayments or payments made to ineligible persons. TPA will disburse funds in payment of these claims to the extent that such funds are provided by ADMINISTRATOR. ADMINISTRATOR’s obligation to fund claims payments issued by ADMINISTRATOR during the term of this Agreement shall survive termination. A monthly Post- Termination Fee, as determined by TPA and mutually agreed upon by both parties, will be charged to ADMINISTRATOR for claim services performed after the termination date.

3. Unless expressly agreed otherwise, in writing, services under this Agreement do not include the administration of claims for services incurred prior to termination of the Agreement, which are not received by ADMINISTRATOR prior to such termination (run-out claims).

SECTION 5 – SERVICES PROVIDED BY TPA

A. List of Provided Services – TPA will furnish, on behalf of ADMINISTRATOR and in accordance with the terms of this Agreement, the administrative services set forth in Attachment A, which is hereby made a part of the Agreement.

B. Additional Services – ADMINISTRATOR may desire that TPA perform services not covered by or described in this Agreement, including but not limited to, the development of programming to generate customized reports or the preparation or printing of special forms or special mailings. The performance of such Additional Services shall be subject to the following arrangements between ADMINISTRATOR and TPA:

1. ADMINISTRATOR shall agree to compensate TPA in excess of the Service Fees specified in this Agreement. The additional costs will be charged to the ADMINISTRATOR on a “Direct Billing” basis, as described in Section 9.C.

2. ADMINISTRATOR shall authorize, in writing, the performance of such Additional Services and the compensation payable to TPA for those services.

SECTION 6 – RELATIONSHIP OF THE PARTIES

A. Performance of Duties – TPA agrees to use reasonable care and due diligence in the performance of its duties under this Agreement.

B. Recovery of Overpayments and Third Party Liens – TPA shall att empt to recover overpayments and collect third party liens, subject to the terms and conditions of Item I: Claims Administration, as set forth in Attachment A.

C. Legal Action – TPA shall promptly advise ADMINISTRATOR as to matters which come to its attention involving potential legal actions involving the Plan and shall promptly advise ADMINISTRATOR of legal actions commenced against ADMINISTRATOR which come to the attention of TPA. The cost of defense of any legal action involving the Plan shall be the responsibility of ADMINISTRATOR; however, it is understood and agreed that TPA shall fully cooperate with ADMINISTRATOR, at no cost to TPA, in ADMINISTRATOR’s defense of an action arising out of matters related to the Plan

D. Liability – It is understood and agreed that:

1. ADMINISTRATOR has full and final authority and responsibility for the Plan and its operation, including the disposition of disputed claims. TPA shall have no duty or power to act on behalf of ADMINISTRATOR in connection with the Plan, except as expressly stated in this Agreement.

2. TPA shall have no responsibility for the Plan’s compliance with any applicable federal, state or local rule or law. However, TPA shall routinely advise ADMINISTRATOR of administrative requirements and shall specifically notify ADMINISTRATOR in the event that TPA has actual knowledge of non- compliance with or violation of any legal requirement. ADMINISTRATOR shall have the sole responsibility for, and shall bear the entire cost of, the Plan’s compliance with all federal, state and local rules and laws, including, but not limited to, any licensing, filing, reporting and disclosure requirements as may apply to the Plan, and all costs, expenses and fees relating thereto.

3. TPA shall have no responsibility for reporting under or compliance with any escheat or unclaimed property law of any jurisdiction. ADMINISTRATOR shall be responsible for determining the applicability of any escheat or unclaimed property law and for any required compliance therewith.

4. TPA shall not be liable for any loss resulting from any delay or errors in the performance of TPA’s duties hereunder caused by the failure of ADMINISTRATOR to properly and adequately perform any of its duties hereunder in a timely manner.

5. TPA is an independent contractor. Nothing in this Agreement shall create, or be construed to create, the relationship of employer and employee between ADMINISTRATOR and TPA, or as principal and agent; nor shall ADMINISTRATOR’s agents, officers or employees be considered or construed to be the employees of TPA for any purpose whatsoever; nor shall TPA’s agents, officers or employees be considered or construed to be the employees of ADMINISTRATOR for any purpose whatsoever.

6. TPA is not the “Plan Administrator”, as defined or described by either the Employee Retirement Income Security Act of 1974, as amended (ERISA) or the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (COBRA).

E. Indemnification:

1. Indemnity – ADMINISTRATOR agrees to indemnify and hold TPA harmless against any claim, demand, loss, lawsuit, settlement, judgment or other liability, and all related expenses which may accrue, arising from or in connection with a claim of a third party with regard to the Plan or the performance by ADMINISTRATOR of any function under this Agreement, except to the extent that

such liability is the direct consequence of a lack of reasonable care or due diligence, gross negligence or a fraudulent, dishonest, intentionally wrongful or criminal act or omission on the part of TPA or its agents, officers or employees.

2. Indemnity Shall Include – Damages, costs, expenses and reasonable attorney’s fees as incurred by TPA.

3. Termination of this Agreement – Following the termination of this Agreement, the foregoing indemnification provision will remain in effect for any claim, demand, loss, lawsuit, settlement, judgment or other liability arising from the terms of the Agreement.

SECTION 7 – DUTIES OF ADMINISTRATOR

In order for TPA to perform the payment of benefits and other services for ADMINISTRATOR as set forth in Section 5 of this Agreement, ADMINISTRATOR shall furnish to TPA certain information concerning the Plan and employees and dependents covered under the Plan as may from time to time be required by TPA for the performance of its duties, including, but not limited to, the following:

A. ADMINISTRATOR shall provide TPA with such information as to Plan benefits as well as enable TPA to determine benefits payable under the Plan. Any amendments or changes to the Plan as may from time to time be adopted shall be provided to TPA at least 120 days prior to the proposed implementation date for review and approval with respect to the ability of TPA to administer the changes.

B. ADMINISTRATOR shall provide TPA on a timely basis with information as to the employees and dependents covered under the Plan as will be necessary for TPA to determine eligibility as to requests for Plan benefits, and to provide Plan cost estimates and reports as set forth in Section 5.

C. ADMINISTRATOR shall provide TPA with adequate, accurate and complete information as to employee and dependent eligibility as will enable TPA to determine benefits payable under the Plan each month, in a format agreed upon by both parties. TPA may rely upon such information thus supplied as correct without verification.

D. In order for ADMINISTRATOR to receive full credit for Service Fees paid for an ineligible person due to a correction or change in eligibility information, any such change or correction must be received by TPA within 90 days of the date a Beneficiary ceases to be eligible under the Plan. In any event, the maximum retroactive credit for Service Fees paid for an ineligible person, whether or not benefits are actually provided for such person, shall not exceed 90 days.

E. Benefits provided to an ineligible person because of inaccurate information supplied by ADMINISTRATOR will be charged to ADMINISTRATOR as claims. Any claims overpayments recovered by TPA will be credited to ADMINISTRATOR.

F. ADMINISTRATOR shall be responsible for the distribution of Summary Plan Descriptions and all related Plan Amendments to all eligible and covered employees.

G. ADMINISTRATOR shall answer all routine inquiries from employees seeking information concerning enrollment in the Plan and any other inquiries except those for which TPA is responsible as provided in Attachment A. ADMINISTRATOR shall conduct all enrollment activity and inquiries at its own expense.

H. With regard to the Consolidated Omnibus Budget Reconciliation Act, as amended (COBRA), TPA shall perform administrative tasks for COBRA and Health Insurance Portability and Accountability Act of 1996 (HIPAA) on behalf of the ADMINISTRATOR also known as “Plan Administrator” in connection with the Plan for COBRA notification and Coverage Certificate generation and administration as detailed in Attachment A.

I. ADMINISTRATOR agrees to assume full liability for all claims of Beneficiaries arising under the Plan, regardless of the date such claims are incurred.

ADMINISTRATOR shall use its best efforts, cooperate with and assist TPA, as applicable, in the performance of its duties under this Agreement.

SECTION 8 – BANKING ARRANGEMENTS

A. ADMINISTRATOR designates the TPA to open and maintain a demand deposit bank account (herein called “the Account”) in a bank mutually acceptable to the parties to this Agreement in accordance with the criteria set forth in Attachment B, which is hereby made part of this Agreement for the payment of benefits under the Plan. ADMINISTRATOR is responsible for any fees associated with the maintenance of this bank account including all bank fees associated with non-sufficient funds.

B. ADMINISTRATOR by this Agreement expressly authorizes TPA to issue and accept such checks for benefit payments under the Plan on behalf of ADMINISTRATOR.

C. ADMINISTRATOR authorizes TPA to draw checks against the Account for the limited purpose of paying medical claims, prescription claims, and administration fees under the Plan.

D. ADMINISTRATOR authorizes TPA to debit the Account for the purpose of paying Prescription Drug claims under the Plan. TPA will notify ADMINISTRATOR on or about the fifteenth and thirtieth day of each month of the amount of Prescription Drug Card claims to be reimbursed to the designated third party drug card vendor by TPA under the Agreement during the previous two- week period. On or before the eighteenth day of that month or the third day of the following month, TPA will draw a check against the Account for the amount due and will request funding approval from ADMINISTRATOR. TPA will electronically send a written summary of the claims billed to ADMINISTRATOR each month, which total the check amount drawn against ADMINISTRATOR’s Account during that month.

SECTION 9 – COMPENSATION OF TPA

A. Service Fees – ADMINISTRATOR shall pay to TPA, on a monthly basis, the Service Fees set forth in Attachment C, which is hereby made a part of this Agreement.

B. Billing Procedures:

1. Payment of Service Fees – ADMINISTRATOR will pay to TPA the monthly Service Fees required under the Agreement within 30 days from the invoice date. Untimely payments will be considered past due and subject to the Delinquency provision of this Agreement. Service fees are not pro- rated if eligibility period is less than 30 days.

2. Retroactive Changes – Retroactive changes to the billing for a current month will be limited to activities that took place during the ninety (90) day period immediately preceding the current month.

3. Delinquency – Interest shall be charged on the amount of all past due fees at the rate of 1.5% per month, or if lower, the maximum allowable rate under applicable law. Accounts not paid within terms are subject to a 2% monthly late fee ($100 minimum). Fees shall be deemed past due if not received by TPA within 30 days from the invoice date. This Agreement may be terminated by TPA after the 30
th day in which the account remains delinquent. This section shall survive termination of this agreement.

C. Direct Billings – ADMINISTRATOR agrees to pay TPA, in addition to the monthly Service Fees specified in Attachment C of the Agreement, any directly billed charges (Direct Billings) in accordance with the following:

1. The term “Direct Billings”, as used in this Agreement, shall refer to the charges billed directly to ADMINISTRATOR for any service performed by TPA that is not specifically described in this Agreement (excluding those services necessary to perform all the terms of this Agreement) and for which the cost of such service is not reflected in the monthly fees shown in Attachment C. Such costs may include, but are not limited to:

• The excess cost of producing and printing customized brochures, enrollment forms, claim forms, and identification cards
• The costs incurred for external audits
• The costs incurred for hospital bill audits
• Set-up fees
• Conversion fees

• Translation fees
• Lien Recovery fees
• Annual Coordination of Benefits solicitation to all participants • Cost for Independent Medical Review
• PPO Directories
• Fee negotiation services

D. Change in Service Fees – TPA shall have the right upon 60 days’ advance written notice to ADMINISTRATOR, to change the Service Fees as of:

1. TPA shall not modify its fees for the first 24 months of this Agreement. Thereafter, TPA’s fees will increase 3% on each anniversary of the Effective Date.

E. Performance Guarantees – TPA and ADMINISTRATOR agree to be bound by the terms of the performance guarantees described in Attachment C.

SECTION 10 – FORMS

A. Liability for Expense – the cost of preparing and printing the following standard forms provided by TPA is included in the monthly Service Fees:

1. Standard enrollment and medical claim forms (black & white)

2. Explanation of Benefit (EOB) forms

3. Standard Identification Cards, except the initial ID card reprint and any reprints of the entire group due to plan modifications or changes to vendor information

4. Provider directory postcards for Anthem PPO Network

B. Customized Forms – In addition to the monthly Service Fees, ADMINISTRATOR shall be responsible for any excess cost incurred by TPA for preparation and printing of these or any other forms on a customized basis. Such cost will be billed to ADMINISTRATOR on a “Direct Billing” basis, as set forth in Section 9.C.1.

Approval of Forms by TPA – TPA shall have the right to review and approve all printed materials provided to Beneficiaries or used to solicit participation in the Plan by ADMINISTRATOR. Such review shall only be with regard to adequacy and legal effect of said materials on TPA. TPA makes, and will make, no representation or warranty, express or implied, with regard to the adequacy or legal effect of such materials as to ADMINISTRATOR or any other person or entity. TPA will make every reasonable effort to review such materials and give ADMINISTRATOR a response within a reasonable time period of receipt of the materials by TPA.

SECTION 11 – EXAMINATION OF RECORDS

A. Maintenance of Records – ADMINISTRATOR shall have the right to examine any records of TPA relating to all transactions between TPA, providers, ADMINISTRATOR, and the Beneficiaries during the period this Agreement remains in force and for a period of five (5) years thereafter or any longer period of time required by law. At the end of the required period of maintenance, TPA shall notify ADMINISTRATOR of the scheduled destruction of such records. Any disposition of such records other than by destruction shall be at the expense of ADMINISTRATOR. Such records shall be available during normal business hours for inspection by ADMINISTRATOR, its authorized representative or a duly authorized and properly identified governmental authority.

If at any time during the term of this Agreement or any subsequent renewal term, upon written notice from the ADMINISTRATOR to TPA, TPA shall preserve all records of TPA relating to all transaction between TPA, Providers, ADMINISTR ATOR and the Beneficiaries during the period that this Agreement or any subsequent renewal Agreement has been in effect and up to one (1) year after termination. The term “records” includes, without limit, all papers, documents or information of any type, description, or media, including electronic, digital, print, or any other form or format, and shall include, without limit, all notes, e- mails, correspondence, reports, photographs, phone logs, databases, computer hard drives, flash drives,

and all other electronic storage devices of any kind or description.

B. Confidentiality – The parties agree that any examination of individual benefit payment records by ADMINISTRATOR shall be carried out in a manner designed to protect the confidentiality of the individual’s medical information and data. TPA agrees to use reasonable efforts and take the same care as with its own information and data to preserve the confidentiality of ADMINISTRATOR’s data and information.

TPA may use data collected in the course of providing services hereunder for statistical evaluation and research. If such data is ever released to a third party, it shall be released only in aggregate statistical form without identifying ADMINISTRATOR, and in no event if ADMINISTRATOR is the sole source of the aggregate data.

C. Transfer of Records – In the event of the termination or failure to renew this Agreement, TPA agrees to cooperate in the transfer of eligibility records and claims history data to TPA’s successor.

ADMINISTRATOR agrees to reimburse TPA for actual costs it incurs in providing such material. Under no circumstances, however, will TPA agree to release proprietary information or trade secrets.

D. Privacy – Any examination of individual benefit payment or claim records by ADMINISTRATOR or TPA shall be carried out in a manner designed to protect the confidentiality of the individual’s individually identifiable medical information and data, and to limit any disclosure or use of such information and data to the minimum necessary to accomplish the purpose of the examination. TPA agrees to use best efforts and to take the same care to preserve the confidentiality of ADMINISTRATOR’S data and information. Any use or disclosure of “protected health information” (“PHI”) as defined under the privacy regulations (45 C.F.R. Part 164) promulgated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (Privacy Regulations) or other applicable tribal, federal or state law shall be for the sole purpose of (i) facilitating medical treatment for Beneficiaries (ii) or services determining eligibility for Plan benefits (iii) facilitating payment for the treatment and services and/or (iv) coordinating Plan coverage. Any creation, receipt, use or disclosure of PHI shall be in a manner that is consistent with the Privacy Regulations. TPA shall not create, receive, use or disclose PHI except as specifically permitted in this Agreement. TPA shall report to ADMINISTRATOR any creation, receipt, use or disclosure of PHI that is not permitted under the Privacy Regulations or provided for in this Agreement. Notwithstanding the foregoing, TPA may use identified health information (as defined in the Privacy Regulations) collected in the course of providing services herein for statistical evaluation and research, as permitted by the Privacy Regulations. If such data is ever released to a third party, it shall be released only in aggregate statistical form without identifying ADMINISTRATOR or any individual employee or employee’s beneficiary. In no event shall such release occur if ADMINISTRATOR is the sole source of the aggregate data.

The parties agree to be bound by the terms of the business associate agreement at Attachment E.

SECTION 12 – EXTERNAL AUDITS

A. Audit by ADMINISTRATOR – ADMINISTRATOR shall have the right, at its own expense, to conduct statistically valid audits of claims processed by TPA. TPA must be notified in writing at least 30 days prior to the audit. In addition, under this Agreement, all audits conducted on behalf of the ADMINISTRATOR are subject to the following conditions:

1. Except for cause, audits shall be limited to not more than one during any 12-month period. Notice shall state the reason and the scope of the audit. TPA shall make available all records as are reasonably necessary for purposes of completing a valid audit.

2. ADMINISTRATOR shall have the right to select an auditor of its choice, except that the auditor selected shall not be a direct competitor of TPA. ADMINISTRATOR’s auditor shall agree in writing to maintain the confidentiality of any trade secret or proprietary information to which it may be exposed or otherwise become aware of during the course of the audit.

3. TPA shall have the right to have a representative present during the audit of TPA’s records and files. At the conclusion of the audit, TPA shall be entitled to receive a copy of the final draft of the audit report. TPA shall also be permitted to include its response to issues raised by the report.

4. ADMINISTRATOR agrees to reimburse TPA for all costs which TPA incurs as a result of an audit, with such costs, for purposes of this provision only, being deemed to constitute Additional Service Fees for purposes of billing and collection. Said fees shall not include any costs associated with any TPA representative who supervises or monitors the audit, for review of the audit report, for preparing a response to the audit report, or for providing normal support services in connection with the requested audit. Said fees shall include copies of documents made at the request of the auditors and additional support costs incurred which have been satisfactorily documented as such.

ADMINISTRATOR agrees to remit to TPA the amount billed within 30 days from the date of such bill for services incurred in connection with an audit. Payment of such bill shall be subject to the Delinquency provision as set forth in Section 9.B.3.

The parties agree to fully cooperate with audit activities in connection with the subject matter of this Agreement and in accordance with the terms set forth in this section.

SECTION 13 – ARBITRATION, ATTORNEY’S FEES

Any and all controversies between the parties regarding the performance of the interpretation of this Agreement, or any claims arising out of this Agreement, or any default thereof, shall require the parties’ best efforts to resolve the matter through informal means. In the event agreement cannot timely be reached, the matter shall be resolved by binding arbitration upon the written request of one party after service of the request on the other party. Arbitration shall be conducted by the American Arbitration Association, pursuant to the rules of that entity. Any judgment or award by the arbitrator(s) may be entered in any court having jurisdiction. If either party shall bring any action or initiate arbitration for relief against the other, declaratory or otherwise, arising out of this Agreement, the prevailing party shall be entitled to recover a reasonable sum for attorney fees and costs incurred in the arbitration proceedings and/or related actions, including the filing of any lawsuit. Any action or arbitration shall be brought in Orange County, California as the proper place of venue.

SECTION 14 – NOTICE

A. Notice to ADMINISTRATOR – Any notice required of TPA shall be in writing and shall be deemed given on the day after such notice is deposited in United States mail with First Class postage prepaid and addressed to ADMINISTRATOR at the following address:

City of Gardena
1700 West 162nd Street
Gardena, CA 90247
ATTN: Raymond Beeman, Director, Administrative Services

B. Notice to TPA – Any notice required of ADMINISTRATOR shall be in writing and shall be deemed given on the day after such notice is deposited in United States mail with First Class postage prepaid and addressed to TPA at the following address:

PINNACLE CLAIMS MANAGEMENT, INC.
15525 SAND CANYON AVENUE
IRVINE, CA 92618
ATTN: DAVID ZANZE

SECTION 15 – MISCELLANEOUS

A. Entire Agreement – This Agreement, together with its Attachments and Amendments, forms the entire contract between the parties and supersedes any and all prior understandings or agreements between the parties whether oral or in writing. No agent of either party may change this Agreement or waive any of its contents, except as provided in paragraph B below.

B. Changes – This Agreement may be changed in whole or in part by amendment. Any amendment to this Agreement shall only be effective, provided:

1. It is in writing;

2. It is endorsed on (or attached to) and made a part of this Agreement; and

3. It is executed by a duly authorized representative of ADMINISTRATOR and by an officer of TPA.

C. Waiver – Failure to enforce any term of this Agreement shall not be construed as a waiver thereof.

D. Cumulative Remedies – All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise. Notwithstanding the previous sentence, the parties intend that TPA’s right to Liquidated Damages is the TPA’s exclusive remedy for the ADMINISTRATOR’s breach of Section 4, specifically the ADMINISTRATOR’s termination without proper notice or cause.

E. Liquidated Damages – In the event that ADMINISTRATOR breaches its obligations under Section 4, the ADMINISTRATOR shall pay to the TPA an amount equal to the average monthly TPA Services Fee (see generally, Attachment C) during the Term for each month remaining in the then-applicable Term (the “Liquidated Damages”). The parties intend that the Liquidated Damages constitute compensation, and not a penalty. The parties acknowledge and agree that TPA’s harm caused by an ADMIN ISTRATOR Breach would be impossible or very difficult to accurately estimate as of the Effective Date, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from an ADMINISTRATOR Breach. The ADMINSTRAT OR’s payment of the Liquidated Damages is the ADMINISTRATOR's sole liability and entire obligation and the exclusive remedy for ADMINISTRATOR’s Breach of Section 4.

F. Assignment

1. Third Party Administration – Either party may use the services of one or more third parties to assist in the performance of this Agreement.

2. Assignment of Rights – Except for an assignment of any right to receive payment of money, no assignment of any rights hereunder by either party shall be valid without the prior written consent of the other party. Any assignment made contrary to this provision shall be void.

G. Applicable Law – This Agreement shall be governed by the laws of the state of California and Federal law

H. Severability – If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

SECTION 16– EXECUTION OF AGREEMENT

IN WITNESS WHEREOF, ADMINISTRATOR and TPA have caused this Agreement to be executed in duplicate by their respective officers duly authorized to do so:

FOR THE PLAN ADMINISTRATOR: FOR PINNACLE CLAIMS MANAGEMENT, INC.:

By: By:

Printed Name: Raymond Beeman Printed Name: David Zanze

Title: Director, Administrative Services Title: President

Dated: Dated:

During the renewal of this Agreement, TPA will perform benefit payment and other services for ADMINISTRATOR set forth as follows:

SECTION I: CLAIMS ADMINISTRATION

A. Basic Services – TPA agrees to:

1. Provide Information and assistance to Beneficiaries concerning claims for benefits under the Plan.

2. Verify eligibility for benefits based on membership lists/files provided to TPA by ADMINISTRATOR.

3. Receive and process for benefit payment, and pay or deny claims for benefits in accordance with applicable law, regulations, and with the terms of the document(s) included in Attachment D.

4. Maintain records of eligibility, coverage and claims histories.

B. Distribution of Checks, Drafts, Remittance Advice’s and EOB’s – TPA agrees to process, issue and distribute checks, drafts, Remittance Advice and Explanation of Benefit (EOB) forms to Beneficiaries, hospitals, physicians or other health care providers, as applicable.

C. Coordination of Benefits – TPA agrees to pursue, by reasonable means consistent with normal practices, coordination of benefits savings.

D. Recovery of Overpayments – If it is determined that any payment has been made under this Agreement to an ineligible person, or if it is determined that more or less than a correct amount has been paid by TPA, TPA shall make a reasonable effort to recover any such overpayment made or to adjust the payment, subject to the following:

1. TPA will not be required to initiate court proceedings for any such recovery. ADMINISTRATOR, at its discretion, may initiate such proceeding in its own name.

E. Recovery of Liens – Subject to the following, TPA agrees to use reasonable diligence to identify and seek to recover third-party liability liens or workers’ compensation liens for claims in excess of $2,500:

1. In pursuing these recoveries, TPA reserves the right to use its discretion in negotiating and compromising recoveries from third parties.

2. TPA may engage the services of subcontractors to assist in the recovery process. Any expenses which TPA incurs for such services will be deducted from amounts recovered, and the net amount of such recoveries shall be credited to ADMINISTRATOR. In addition, TPA will charge a lien recovery fee of 15% of the recovered amounts for work conducted by Pinnacle Claims Management, Inc. lien collections staff.

3. ADMINISTRATOR will fully cooperate with TPA in such recoveries and advise TPA of any potential recoveries of which it becomes aware.

4. TPA will not be required to initiate court proceeding for any such recovery. ADMINISTRATOR, at its discretion, may initiate such proceeding in its own name.

F. Claims Appeals – TPA shall conduct an initial review of claims decisions appealed by Participants in accordance with the Patient Protection and Affordable Care Act (PPACA) claims appeal regulations. In the event that this Plan is or becomes a non- grandfathered plan and a Participant seeks outside review of TPA’s final internal adverse benefit determination involving medical judgment, TPA will utilize the services of a URAC accredited Independent Review Organization (IRO) to review and determine the outcome of

ATTACHMENT A

LIST OF PROVIDED SERVICES

said appeal pursuant to PPACA regulations. ADMINISTRATOR agrees to pay such review fee as set forth in Attachment C and be bound by the IRO’s determination.

G. Independent Dispute Resolution – TPA will prepare and submit final payment offer, required IDR forms, and supporting documentation to IDR entity for consideration. In exchange for these services, ADMINISTRATOR will pay fees to TPA, as well as IDR administrative and IDR entity fees, in accordance with Section 9 and Attachment C.

H. Responsibilities of TPA – TPA will use reasonable diligence in the adjudication of claims and the identification and recovery of any claims overpayments, but it will not be responsible to ADMINISTRATOR for any liability, loss or damage from errors arising from or connected with claims adjudication, except to the extent TPA may be responsible for such errors by reason of gross negligence or an intentionally wrongful act or omission.

SECTION II: COST CONTAINMENT

A. Contractual Arrangements – TPA will provide ADMINISTRATOR with cost containment services either directly, through its contractual arrangements with other review organizations, or where applicable, TPA will coordinate with ADMINISTRATOR’s provider network. Any cost containment services provided by TPA to ADMINISTRATOR through a third party review organization contracted by TPA shall cease on the date the agreement between the review organization and TPA is terminated. Thereafter, TPA shall provide any such services directly to ADMINISTRATOR, unless an alternative arrangement is mutually agreed upon between TPA and ADMINISTRATOR.

B. Cost Containment Programs – Cost containment services provided by TPA include:

1. Utilization Review Program – This program applies to hospital admissions and outpatient surgery obtained at an ambulatory surgical center, outpatient diagnostics, durable medical equipment (DME), and home health care as required by the Plan Document. There are three stages of utilization review:

a. Pre-service review determines the medical necessity of scheduled, non- emergency hospital admissions and ambulatory surgical center services.

b. Concurrent review determines whether services continue to be medically necessary and appropriate. There are two types of concurrent review:

• Service review evaluates the medical necessity and appropriateness of services when pre-service review is not required or has not been performed as required.

• Continued service review is performed to determine the medical necessity and appropriateness of ongoing treatment.

c. Retrospective review is performed to review services that have already been provided in cases when TPA was not notified and therefore was unable to perform a pre-service or concurrent review, or in order to evaluate and audit medical documentation subsequent to services being provided. Retrospective review may also be performed for services that continued longer than originally certified.

2. Authorization Program – This program applies to:

a. Special Services including the following:

• Organ and tissue transplants

• Home infusion therapy

SECTION III: DATA REPORTING

A. Providing of Reports – TPA agrees to provide to ADMINISTRATOR the following periodic reports:

1. Monthly Reports – The reports listed below will be provided within 20 days after the end of each month:
• Paid Claims Summary, segregated by active employees and employees by designated work locations specified by ADMINISTRATOR includes:

o YTD Paid Claims Summary;

o Claims Summary;

o Summary of Medical benefit type reports, and

• Large Claim reports for paid claims in excess of 50% of the Specific Reinsurance Deductible;

• Aggregate Claims Report

2. Quarterly Reports within 20 days after the end of each quarter

• YTD Payment Summary Report

• Summary of paid medical claims by benefit type

• Top Medical Provider Report

• Paid Claim Stratification Report by Employee, Spouse and Dependent

• Large Claim reports for paid claims in excess of 50% of the Specific Reinsurance Deductible;

• Quarterly Paid Claims, segregated by active employees, COBRA employees and retired employees;

• Quarterly Claim Lag Report

B. Additional Reports / Information – Subject to the following, ADMINISTRATOR may request that TPA provide additional information not specified in this Agreement:

1. TPA will supply such information at its discretion, subject also to the information’s availability and accessibility.

2. TPA may refuse to comply with such requests if it determines that the information to be provided is trade secret or proprietary.

3. ADMINISTRATOR agrees to reimburse TPA for all costs it incurs in responding to such requests.

These costs will be charged to ADMINISTRATOR on a “Direct Billing” basis as set forth in Section

9.C.1.

C. Online Access to Reports . There shall be no additional charge for online access to any reports and/or ADMINISTRATOR’S data and information. These reports and queries are self -generated by ADMINISTRATOR and are available via Pinnacle’s Employer Resources Center (PERC):

1. REPORTS

• List of Eligible Employees in a Group
• Estimated Group Statement of Premium, Fees and Expenses • Estimated Individual Statement of Premium and Eligibility • Dependents Below or Above the Age of 26
• Group Census Report
• Beneficiary Report

• Analysis of Paid Claims

• Member/Group Paid Claims Profile
• Activities Log Report
• Check Register
• Medicare Report
• COBRA Subsidy Reports
• COBRA HIPAA Reports
• COBRA Elections
• COBRA Census

2. QUERIES

• Procedure Code
• ER Visits
• Infertility
• Obesity
• Medical Claims by Diagnosis Category

SECTION IV: ELIGIBILITY SERVICES

A. Membership Lists – TPA agrees to create, verify and maintain for ADMINISTRATOR membership lists of enrolled Beneficiaries in accordance with the following:

1. Upon request, TPA agrees to provide ADMINISTRATOR, at a mutually agreed upon time each month, membership reports of all enrolled Beneficiaries whose membership records are housed on TPA’s computer system.

2. ADMINISTRATOR agrees to provide to TPA, within a mutually agreed upon time frame, either hard copy or electronic files of all ADMINISTRATOR’s Beneficiaries whose records are housed on TPA’s computer system. Such report shall reflect for that month the addition of newly enrolling Beneficiaries and the deletion of persons who are no longer eligible.

3. TPA agrees to enter newly enrolled Beneficiaries whom ADMINISTRATOR adds to its membership lists into its computer records within ten (10) working days of: (a) the date of receipt by TPA, or (b) the effective date, whichever occurs later.

TPA’s performance of these eligibility services is contingent upon ADMINISTRATOR’s providing timely and accurate information. ADMINISTRATOR will provide the necessary information in accordance with the writt en instructions of TPA.

ADMINISTRATOR may on 31 days’ notice assume all or a part of these eligibility functions.

SECTION V: ENROLLMENT SERVICES

A. Enrollment Materials – TPA agrees to provide ADMINISTRATOR with complete sets of enrollment materials, subject to the terms specified in Section 10, including:
• Standard enrollment forms (black & white)
• Other forms or documents usually supplied in connection with the enrollment process.

B. Customized Documents – Any costs that TPA incurs in customizing such documents according to ADMINISTRATOR’s specifications and that TPA normally would not incur in the absence of customizing will be charged to ADMINISTRATOR on a “Direct Billing” basis, as described in Section 9. C.1.

ADMINISTRATOR may on 31 days’ written notice assume all or a part of these enrollment functions.

SECTION VI: SUMMARY PLAN DESCRIPTIONS & SUMMARY OF BENEFITS AND COVERAGE

A. Providing of Benefit Plan Summary Descriptions and Summary of Benefits and Coverage – TPA agrees to prepare and make available Summary Plan Descriptions (SPD) and Summary of Benefits and Coverage (SBC) in accordance with ERISA and PPACA based on benefit specifications agreed upon by ADMINISTRATOR using TPA’s standard language and format in conformance with ERISA and PPACA for such text and subject to ADMINISTRATOR’s prior review and approval. Where applicable, ADMINISTRATOR will comply with ERISA and PPACA notice requirements, or delegate such duties to TPA at the cost set forth in Attachment C.

B. Providing of Summary Plan Descriptions/Plan Documents – TPA agrees to prepare and print or otherwise make available Plan text based on benefit specification agreed upon by ADMINISTRATOR using TPA’s standard language and format for such text, in conformance with ERISA and PPACA subject to ADMINISTRATOR’S prior review and approval and subject to the fees outlined in Attachment C .

ADMINISTRATOR will specify the number of Summary Plan Descriptions/Plan Documents to be printed or elect to make such SPDs and or SBCs available electronically.

C. Customized Documents – If ADMINISTRATOR specifies a size, color, paper, typeface or language which is not used by TPA as part of its standard printing process, ADMINISTRATOR will reimburse TPA for any cost which is in excess of TPA’s standard cost. Any such additional cost for customizing the SPD or SBC will be charged to ADMINISTRATOR on a “Direct Billing” basis as described in Section 9.C.1.

SECTION VII: SUPPORT SERVICES

TPA agrees to make available to ADMINISTRATOR and its consultants an account service team consisting of:

A. The Account Management team is available on a day-to-day basis to make certain that the needs of ADMINISTRATOR are being met.

SECTION VIII: COBRA ADMINSTRATION

TPA agrees to perform the following COBRA administrative services conditioned upon receiving timely and accurate eligibility and COBRA qualifying event information from ADMINISTRATOR:

A. Provide Information and assistance to Beneficiaries concerning COBRA participation under the Plan (including flexible spending account, where applicable) and, if elected by ADMINISTRATOR at additional cost, dental and vision coverage. If dental and vision COBRA administration are elected, ADMINISTRATOR shall timely provide the relevant Beneficiary eligibility data in a mutually agreed upon format.

B. Provide COBRA Notifications to new or existing plan participants of their rights and responsibilities should a COBRA qualifying occur. This notification will be sent at any of the following events within 90- days of the event:

1. All newly subscribed plan participants

2. All participants of newly acquired groups

3. When requested by the participant or the group

4. Upon addition of spouse

5. Upon adding a new plan to coverage

6. Reinstating participants

C. Inform Beneficiaries of their COBRA qualifying status and the rules and regulations for the COBRA continuation coverage. The COBRA Election Notification will be sent to Beneficiaries who experience one of the following COBRA qualifying events:

1. Voluntary or involuntary termination of employment for reasons other than gross misconduct

2. Reduction in work hours

3. Military call-up

4. Divorce or legal separation

5. Employee’s entitlement to Medicare if it causes dependents to lose coverage

6. Death of covered employee

7. Dependent child ceasing to qualify as dependent

D. Generate and send payment coupons to COBRA Beneficiaries to submit with contributions.

E. Receive and process COBRA contributions from Beneficiary and remit to ADMINISTRATOR.

F. Provide additional notifications during the COBRA continuation coverage period relative to the following:

1. Rate Change

2. Secondary Event Notification

3. Early Termination Notification

4. End of COBRA Continuation Notification

SECTION IX: OTHER SERVICES

A. Renewal Package – TPA agrees to provide to ADMINISTRATOR a renewal package not later than 60 days prior to the expiration of the applicable Term. The renewal package will include the information and documents specified below:

1. Administrative fees for the following Term Years segregated to show component parts;

2. TPA will adjust charges at each renewal date to reflect changes in group size.

B. Re-Insurance – At ADMINISTRATOR’s and/or ADMINISTRATOR’s Broker’s request, TPA will assist ADMINISTRATOR in obtaining initial or renewal premium quotations for specific and/or aggr egate reinsurance on a self-funded or partially self-funded basis.

ADMINISTRATOR designates the TPA to open and maintain a demand deposit bank account (the Account) in a bank mutually acceptable to the parties to this Agreement, in accordance with the following:

A. Notification of Checks Issued – TPA will provide ADMINISTRATOR on a weekly basis with the total dollar amount of such drafts or checks issued. Communication of this dollar amou nt shall be via e- mail. This communication will also include a written report indicating the amount of each check by date.

B. Authorization for Payment of Claims – ADMINISTRATOR authorizes TPA to withdraw needed funds, without limit, from the Account for the payment of claims under the Agreement. ADMINISTRATOR authorizes TPA to use TPA’s facsimile of signatures on all claims drafts issued. ADMINISTRATOR by this Agreement expressly authorizes TPA to issue and accept such checks for benefit payments under the Plan on behalf of ADMINISTRATOR.

C. Maintenance of Funds in the Account – ADMINISTRATOR agrees that it will, at all times, have sufficient funds available in the Account for the payment of drafts or checks for benefits under the Plan.

ADMINISTRATOR shall fund the Account immediately upon notification from the TPA. Should ADMINISTRATOR fail to provide sufficient funds to pay drafts or checks drawn on the Account, TPA shall have no obligation to make its own funds available for the payment of such drafts or checks.

D. Service Charges – ADMINISTRATOR shall be responsible for the payment of any and all fees and charges in connection with said Account.

E. Outstanding Checks – TPA shall not be responsible for escheating outstanding claim payments to the State, as may be required under California law.

ATTACHMENT B

BANKING ARRANGEMENTS

ADMINISTRATOR will pay TPA the Service Fees specified below for the following administrative services. Payment of such Service Fees shall be made in accordance with the terms of Section 9 of this Agreement.

ADMINISTRATIVE SERVICES

A. Claims Administration
• Claims processing for medical and prescription claims • Claims quality assurance review
• Customer service - toll free access
• Data reporting
• High claims audit processing
• First-level medical review necessary by appeal
• Workers’ Compensation and Third Party Liability Recovery (cost) • Provider 1099 issuance
• Professional and institutional claims re-pricing
• Issuance and mailing of participant Explanation of Benefits and provider Remittance Advice • Independent Dispute Resolution – TPA will prepare and submit final payment offer, required IDR forms, and supporting documentation to IDR entity for consideration. In exchange for these services,

B. Administrative & Account Management
• Support services
• Enrollment and eligibility services
• Monthly premium billing
• Assist in securing future re-insurance contracts
• Remittance to the proper carrier for reinsurance premiums • Remittance to the proper carriers for pharmacy drug card services • Billing and remittance of all PPO administration fees • COBRA and HIPAA administration
• Coverage Certificate Generation (HIPAA)
• Correspondence Generation for participants, providers, and clients

C. Participating Provider Network
• The participating Prudent Buyer network of hospitals, physicians, and other participating providers. ° Telephone Case Management (Nurse)
° Inpatient utilization and outpatient review services

D. Fee Schedule
Pinnacle Medical Monthly Service Fee ................................................................................. $ 20.00 pepm

ATTACHMENT C

SCHEDULE OF SERVICE FEES AND

PERFORMANCE GUARANTEES

COBRA/HIPAA Administration ...................................................................................................... Included Certificate of Credible Coverage ................................................................................................... Included

PERC & HealthView Access Included
Dental Monthly Service Fee ……………………………………………………………………………..$1.25 pepm Vision Monthly Service Fee ……………………………………………………………………………..$1.25 pepm

NETWORK ADMINISTRATION
Anthem Blue Cross JAA Medical PPO Network ................................................................................ $21.96 pepm Inpatient Utilization Review ........................................................................................................... Included Case Management .......................................................................................................................... Included Outpatient Surgery Review ............................................................................................................ Included Anthem Blue Cross Dental DNAS Network… ................................................................................................. $1.47 pepm MESVision Network Fee ……………………………………………………………………….……………………..$1.85 pepm

FSA ADMINISTRATION
FSA Monthly Administration Fee…………………………………………………………………………….$4.25 pepm FSA Set-Up Fee ………………………………………………...………………………………………….Included Debit Card …………………………………………………………………..………………………………Included

ADDITIONAL FEES

RUN-IN CLAIMS ................................................................................................................................. Not Applicable

ONE-TIME SET-UP FEES
Eligibility System Set-up w/ electronic data .................................................................................. Waived Benefit Plan Coding Set-up ............................................................................................................ Waived

ONE-TIME ID CARD GENERATION AND DISTRIBUTION*........................................................................ Included

*Initial card printing, re-prints for lost cards, and cards for new employees throughout the plan year included in set-up fee. $2.15 per card fee will apply if a change is made to the plan requiring the reprinting of ID cards for all employees.

INDEPENDENT DISPUTE RESOLUTION
TPA Support and IDR Preparation ……………………………………. $250 per hour (2 hour minimum) IDR Administrative Fee ………………………………………………………………………………….…….$50 IRD Entity (Arbitrator) Fees ……..……………………...………..Variable, Billed on pass-through basis

CONSOLIDATED BILLING ……………………………………………………………………………………$1.00 pepm NURSE LINE …………………………………………………………………………………………………….$0.13 pepm CLAIMS FIDUCIARY …………………………………………………………………………………………...$1.00 pepm RUN-OUT CLAIMS ……………………………………………………………………………………….$16.00 per claim

NON-STANDARD DATA REPORTS .................................................................. COST OF TIME AND MATERIALS

INDEPENDENT MEDICAL REVIEW/EXTERNAL REVIEW ........................................................... $400.00 per hour All non-particpating outpatient facility center claims in excess of $10,000 are recommended for independent medical review to determine usual and customary charges. Please note the fee for such a review is based on an hourly rate approximately $400.00; however, savings is usually 40-50% of the billed charges (estimated). Charges also apply for external review of appeals by independent review organizations, pursuant to ACA.

ANNUAL COORDINATION OF BENEFITS SOLICITATION .................................................... $1.52 per letter sent

MEDICARE SUPPLEMENT LETTERS (minimum of $10 per year) ........................................ $1.52 per letter sent

SUMMARY OF BENEFITS AND COVERAGE:

Summary of Benefits and Coverage (English & Spanish) * ........................................... $625.00 per plan * Mailing available at cost of time and materials
Summary of Benefits and Coverage (English Only)* ..................................................... $350.00 per plan * Mailing available at cost of time and materials

THIRD PARTY LIABILITY / LIEN RECOVERY FEES .................................................................... 18% of Recovery For claims incidents in excess of $2,500
PRICING NEGOTIATION ................................................................................................................... 28% of Savings

OPTIONALSERVICES**

CHECK BOX IF ELECTED
IRS FORM 5500 PREPARATION ............................................................................................ $600.00 per filing ☐ NEW YORK / MASSACHUSETTS POOL FILING PREPRATION ........................................... $600.00 per filing ☐ MEDICARE D NOTIFICATION (minimum of $10 per year)............................................... $1.52 per letter sent ☐ DEPENDENT SSN VERIFICATION LETTERS (minimum of $10 per year) ..................... $1.52 per letter sent ☐

SUMMARY PLAN DESCRIPTION:

Review & Development......................................................................................................... $2,250.00 per plan ☐ Printing & Distribution ................................................................................................................. $4.00 per book ☐ Plan Amendments ........................................................................................................ $250.00 per amendment ☐

** If optional services are not elected at the time ADMINISTRATOR signs this Administrative Service Agreement, these services will not be performed or provided by TPA unless expressly delineated and requested in writing by ADMINISTRATOR.

Intentionally left blank – Performance Guarantee Table follows.

PERFORMANCE GUARANTEES

Metric

Definition

Goal
Penalty /
Reimbursement
to Client*
Measurement
Frequency
Claims Quality
Financial Payment
Accuracy
(Financial Dollar
Accuracy)
Measures the percentage of paid
dollars processed accurately.

Total paid dollars minus absolute
value over the underpayments
divided by total paid dollars.

98.00% or higher 1.5% of Annual Pinnacle
Administrative Fees
Quarterly
Claims Process
Accuracy
(Total Accuracy)
Measures the percentage of
claims processed without any
type of error. Total number of
claims (payment or non-
payment). Total number of
claims that were process without
error of any type divided by total
number of claims processed. A
processed claim is one that is
ready for payment and is waiting
for the plan sponsors payment
run.

96.00% or higher 1.5% of Annual Pinnacle
Administrative Fees
Quarterly
Claims Timeline
Claim Turnaround
Time (TAT) - 14
Calendar Days (or
10 Business Days)
Measures the percentage of all
clean claims processed within a
specific number of calendar
days, typically days or less.
80% within 14
calendar days

1.5% of Annual Pinnacle
Administrative Fees
Quarterly
Claim Turnaround
Time (TAT) - 30
Calendar Days (or
22 Business Days)
Measures the percentage of all
clean claims processed within a
specific number of calendar
days.

99.00% within 30
calendar days

1.5% of Annual Pinnacle
Administrative Fees
Quarterly
Customer Service
Call Abandonment
Rate
Measure the percentage of
callers who disconnect before
being connected to a live
customer service representative
after 15 seconds
<3.00% 1.5% of Annual Pinnacle
Administrative Fees
Quarterly
Telephone Service
Factor (TSF)
Measures the percentage of all
member calls answered within
30 seconds or less

80.00% of calls
answered within
30 seconds or
less

1.5% of Annual Pinnacle
Administrative Fees
Quarterly
First Call
Resolution
Measures the percentage of
calls adequately resolved on the
first call
At least 85.00%
with no repeat
calls within 60
calendar days

1.5% of Annual Pinnacle
Administrative Fees
Annually
Call Quality Measures the percentage of
calls rated acceptable or higher,
based on vendor's minimum
internal standard for a rating of
acceptable and its internal call
quality review results.

At least 95.00%
of
evaluated calls
rated acceptable
or higher

1.5% of Annual Pinnacle
Administrative Fees
Annually
Account Manager
(AM) Email
Response Time
Measures the account
manager’s responsiveness
relative to client email and
phone calls
90% of client
emails and
phone calls
(with
action/msg)
responded to in
24 hours
1% of Annual Pinnacle
Administrative Fees
Quarterly

Service Issues
Acknowledgment
Measures the account
manager’s responsiveness to
service issues.
90% of service
issues provided
by client
responded to in
72 hours or
less
1% of Annual Pinnacle
Administrative Fees
Quarterly
Account Manager
Site Visit – to
include assigned
Client Service
Representative
(CTSR)
Measures the account
manager’s and client service
representative’s on-site
presence.

At a minimum –
one onsite visit
with client per
quarter by AM
and/or
assigned CTSR
– unless client
declines visit
1% of Annual Pinnacle
Administrative Fees
Quarterly

* Penalty/Reimbursement to Client - Not to exceed 5% of Annual Pinnacle Administrative Fees for all categories combined and shall be paid sixty days following the last day of the plan year.

The benefits of the Plan, and rules for provision of those benefits to eligible persons, are those set out in the attached document(s) specified below.

DESCRIPTION FORM NUMBER EFFECTIVE DATE
City of Gardena Health and Welfare Plan February 1, 2023

ATTACHMENT D

SUMMARY PLAN DESCRIPTION

1. PREAMBLE AND DEFINITIONS.

1.1 Pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), City of Gardena ("Covered Entity"), a California Municipality and Pinnacle Claims Management, Inc. or any of its corporate affiliates ( "Business Associate" ), a California corporation, enter into this Business Associate Agreement ("BAA") as of February 1, 2023 (the "Effective Date") that addresses the HIPAA requirements with respect to "business associates," as defined under the privacy, security, breach notification, and enforcement rules at 45 C.F.R. Part 160 and Part 164 ( "HIPAA Rules"). A reference in this BAA to a section in the HIPAA Rules means the section as in effect or as amended.

1.2 This BAA is intended to ensure that Business Associate will establish and implement appropriate safeguards for the Protected Health Information ( "PHI") (as defined under the HIPAA Rules) that Business Associate may receive, create, maintain, use, or disclose in connection with the functions, activities, and services that Business Associate performs for Covered Entity. The functions, activities, and services that Business Associate performs for Covered Entity are defined in the Administrative Services Agreement (the "Underlying Agreement").

1.3 Pursuant to changes required under the Health Information Technology for Economic and Clinical Health Act of 2009 (the "HITECH Act" ) and under the American Recovery and Reinvestment Act of 2009 ("ARRA"), this BAA also reflects federal breach notification requirements imposed on Business Associate when "Unsecured PHI" (as defined under the HIPAA Rules) is acquired by an unauthorized party, and the expanded privacy and security provisions imposed on business associates.

1.4 Unless the context clearly indicates otherwise, the following terms in this BAA shall have the same meaning as those terms in the HIPAA Rules: Affiliate, Breach, Data Aggregation, Designated Record Set, Electronic Media, Electronic Protected Health Information (ePHI), Health Care Operations, individual, Minimum Necessary, Notice of Privacy Pr actices, Required By Law, Secretary, Security Incident, Subcontractor, and Unsecured PHI.

1.5 Both Parties are committed to complying with all applicable federal and state laws governing the confidentiality and privacy of health information, including the regulations at 45 C.F.R. Parts 160, 162 and164, Subparts A and E (collectively, the "Privacy Rule") as interpreted under applicable regulations and guidance of general application published by HHS, including all amendments thereto for which compliance is requ ired.

1.6 1.6 Both Parties intend to protect the privacy and provide for the security of PHI disclosed to Business Associate pursuant to the terms of this Agreement, HIPAA and other applicable laws.

2. GENERAL OBLIGATIONS OF BUSINESS ASSOCIATE.

2.1 Business Associate agrees not to use or disclose PHI, other than as permitted or required by this BAA or as Required By Law, or if such use or disclosure does not otherwise cause a Breach of Unsecured PHI.

2.2 Business Associate agrees to use appropriate safeguards, and comply with Subpart C of 45 C.F.R.

Part 164 with respect to ePHI, to prevent use or disclosure of PHI other than as provided for by the BAA.

2.3 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate as a result of a use or disclosure of PHI by Business Associate in violation of this BAA's requirements or that would otherwise cause a Breach of Unsecured PHI.

2.4 The Business Associate agrees to the following breach notification requirements:

ATTACHMENT E

HIPAA Business Associate Agreement

(a) Business Associate agrees to report to Covered Entity any Breach of Unsecured PHI not provided for by the BAA of which it becomes aware within five (5) calendar days of "discovery" within the meaning of the HITECH Act. Such notice shall include the identification of each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed in connection with such Breach. Business Associate also shall provide any additional information reasonably requested by Covered Entity for purposes of investigating the Breach and any other available information that Covered Entity is required to include to the individual under 45 C.F.R. § 164.404(c) at the time of notification or promptly thereafter as information becomes available. Business Associate's notification of a Breach of Unsecured PHI under this Section shall comply in all respects with each applicable provision of Section 13400 of Subtitle D (Privacy) of ARRA, the HIPAA Rules and related guidance issued by the Secretary or the delegate of the Secretary from time to time. (b) Business Associate agrees to provide notification of any Breach of Unsecured PHI of which it becomes aware, as required under 45 C.F.R. § 164.410, and any Security Incident of which it becomes aware, in violation of this BAA to individuals, the media (as defined under the HITECH Act), the Secretary, and/or any other parties as required under HIPAA, the HITECH Act, ARRA, and the HIPAA Rules, subject to the prior review and written approval by Covered Entity of the content of such notification. (c) In the event of Business Associate's use or disclosure of Unsecured PHI in violation of HIPAA, the HITECH Act, or ARRA, Business Associate bears the burden of demonstrating that notice as required under this Section 2.4 was made, including evidence demonstrating the necessity of any delay, or that the use or disclosure did not constitute a Breach of Unsecured PHI.

2.5 Business Associate agrees, in accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, to require that any Subcontractors that create, receive, maintain, or transmit PHI on behalf of the Business Associate agree to the same restrictions, conditions, and requirements that apply to the Business Associate with respect to such information.

2.6 Business Associate agrees to make available PHI in a Designated Record Set to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.524. (a) Business Associate agrees to comply with an individual's request to restrict the disclosure of their personal PHI in a manner consistent with 45 C.F.R. § 164.522, except where such use, disclosure, or request is required or permitted under applicable law, provided that Covered Entity has informed Business Associate of such request.
(b) Business Associate agrees to charge fees related to providing individuals access to their PHI in accordance with 45 C.F.R. § 164.524(c)(4).
(c) Business Associate agrees that when requesting, using, or disclosing PHI in accordance with 45 C.F.R. § 164.502(b)(1) that such request, use, or disclosure shall be to the minimum extent necessary, including the use of a "limited data set" as defined in 45 C.F.R. § 164.514(e)(2), to accomplish the intended purpose of such request, use, or disclosure, as interpreted under related guidance issued by the Secretary from time to time.

2.7 Business Associate agrees to make any amendments to PHI in a Designated Record Set as directed or agreed to by the Covered Entity pursuant to 45 C.F.R. § 164.526, or to take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.526.

2.8 Business Associate agrees to document, maintain and make available the information required to provide an accounting of disclosures to the Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. § 164.528 within ten (10) business days after receipt of written request by Covered Entity.

2.9 Business Associate agrees to make its internal practices, books, and records, including policies and procedures regarding PHI, relating to the use and disclosure of PHI and Breach of any Unsecured PHI received from Covered Entity, or created or received by the Business Associate on behalf of Covered Entity, available to the Secretary of HHS for the purpose of determining the Covered Entity’s and Business Associate’s compliance with the Privacy Rule and this BAA.

2.10 2.11 Business Associate agrees to account for the following disclosures:

(a) Business Associate agrees to maintain and document disclosures of PHI and Breaches of Unsecured PHI and any information relating to the disclosure of PHI and Breach of Unsecured PHI in a manner as would be required for Covered Entity to respond to a request by an individual or the Secretary for an accounting of PHI disclosures and Breaches of Unsecured PHI. (b) Business Associate agrees to account for any disclosure of PHI used or maintained as an Electronic Health Record (as defined in Section 5) ("EHR") in a manner consistent with 45 C.F.R. § 164.528 and related guidance issued by the Secretary from time to time; provided that an individual shall have the right to receive an accounting of disclosures of EHR by the Business Associate made on behalf of the Covered Entity only during the three years prior to the date on which the accounting is requested directly from the Business Associate.
(c) In the case of an EHR that the Business Associate acquired on behalf of the Covered Entity as of January 1, 2009, paragraph (c) above shall apply to disclosures with respect to PHI made by the Business Associate from such EHR on or after January 1, 2014. In the case of an EHR that the Business Associate acquires on behalf of the Covered Entity after January 1, 2009, paragraph (c) above shall apply to disclosures with respect to PHI made by the Business Associate from such EHR on or after the later of January 1, 2011, or the date that it acquires the EHR.

2.12 Business Associate agrees to comply with the "Prohibition on Sale of Electronic Health Records or Protected Health Information," as provided in Section 13405(d) of Subtitle D (Privacy) of ARRA, and the "Conditions on Certain Contacts as Part of Health Care Operations," as provided in Section 13406 of Subtitle D (Privacy) of ARRA and related guidance issued by the Secretary from time to time.

3. PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE.

3.1 General Uses and Disclosures. Business Associate agrees to receive, create, use, or disclose PHI only in a manner that is consistent with this BAA, the Privacy Rule, or Security Rule (as defined in Section 5 ), and only in connection with providing services to Covered Entity; provided that the use or disclosure would not violate the Privacy Rule, including 45 C.F.R. § 164.504(e), if the use or disclosure would be done by Covered Entity. For example, the use and disclosure of PHI will be permitted for "treatment, payment, and health care operations," in accordance with the Privacy Rule.

3.2 Business Associate may use or disclose PHI as Required By Law.

3.3 Business Associate agrees to make uses and disclosures and requests for PHI: consistent with Covered Entity's Minimum Necessary policies and procedures.

3.4 Business Associate may not use or disclose PHI in a manner that would violate Subpart E of 45 C.F.R. Part 164 if done by the Covered Entity.

4. OBLIGATIONS OF COVERED ENTITY.

4.1 Covered Entity shall:
(a) Provide Business Associate with the Notice of Privacy Practices that Covered Entity produces in accordance with the Privacy Rule, and any changes or limitations to such notice under 45 C.F.R. § 164.520, to the extent that such changes or limitations may affect Business Associate's use or disclosure of PHI.
(b) Notify Business Associate of any restriction on the use or disclosure of PHI that Covered Entity has agreed to or is required to comply with under 45 C.F.R. § 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of PHI under this BAA. (c) Notify Business Associate of any changes in or revocation of permission by an individual to use or disclose PHI, if such change or revocation may affect Business Associate's permitted or required uses and disclosures of PHI under this BAA.

4.2 Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy and Security Rule if done by Covered Entity, except as provided under Section 3 of this BAA.

5. COMPLIANCE WITH SECURITY RULE.

5.1 Business Associate shall comply with the HIPAA Security Rule, which shall mean the Standards for Security of Electronic Protected Health Information at 45 C.F.R. Part 160 and Subparts A and C of Part 164, as amended by ARRA and the HITECH Act. The term "Electronic Health Record" or "EHR" as used in this BAA shall mean an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff.

5.2 In accordance with the Security Rule, Business Associate agrees to:
(a) Implement the administrative safeguards set forth at 45 C.F.R. § 164.308, the physical safeguards set forth at 45 C.F.R. § 164.310, the technical safeguards set forth at 45 C.F.R. § 164.312, and the policies and procedures set forth at 45 C.F.R. § 164.316 to reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. Business Associate acknowledges that, effective on the Effective Date of this BAA, (a) the foregoing safeguards, policies, and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Covered Entity, and (b) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. § 1320d- 5 and 1320d- 6, as amended from time to time, for failure to comply with the safeguards, policies, and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements;
(b) Require that any agent, including a Subcontractor, to whom it provides such PHI agrees to implement reasonable and appropriate safeguards to protect the PHI; and (c) Report to the Covered Entity any Security Incident of which it becomes aware within five (5) business days of becoming aware of the event.

6. TERM AND TERMINATION.

6.1 This BAA shall be in effect as of February 1, 2023, and shall terminate on the earlier of the date that:
(a) Either party terminates for cause as authorized under Section 6.2. (b) All of the PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, is destroyed or returned to Covered Entity. If it is not feasible to return or destroy PHI, protections are extended in accordance with Section 6.3.

6.2 Upon either party's knowledge of material breach by the other party, the non- breaching party shall provide an opportunity for the breaching party to cure the breach or end the violation; or terminate the BAA. If the breaching party does not cure the breach or end the violation within a reasonable timeframe not to exceed 15 days from the notification of the breach, or if a material term of the BAA has been breached and a cure is not possible, the non-breaching party may terminate this BAA and the Underlying Agreement, upon written notice to the other party.

6.3 Upon termination of this BAA for any reason, the parties agree that:

Business Associate shall return to Covered Entity or, if agreed to by Covered Entity, destroy all PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, that the Business Associate still maintains in any form. The PHI shall be returned in a format that is reasonably expected to preserve its accessibility and usability. Business Associate shall retain no copies of the PHI.

6.4 The obligations of Business Associate under this Section 7 shall survive the termination of this BAA.

7. MISCELLANEOUS.

7.1 The parties agree to take such action as is necessary to amend this BAA to comply with the requirements of the Privacy Rule, the Security Rule, HIPAA, ARRA, the HITECH Act, the Consolidated Appropriations Act, 2021 (CAA-21), the HIPAA Rules, and any other applicable law.

7.2 The respective rights and obligations of Business Associate under Section 5 and Section 6 of this BAA shall survive the termination of this BAA.

7.3 This BAA shall be interpreted in the following manner:
(a) Any ambiguity shall be resolved in favor of a meaning that permits Covered Entity to comply with the HIPAA Rules.
(b) Any inconsistency between the BAA's provisions and the HIPAA Rules, including all amendments, as interpreted by the HHS, a court, or another regulatory agency with authority over the Parties, shall be interpreted according to the interpretation of the HHS, the court having jurisdiction, or the applicable regulatory agency.
(c) Any provision of this BAA that differs from those required by the HIPAA Rules, but is nonetheless permitted by the HIPAA Rules, shall be adhered to as stated in this BAA.

7.4 Notices. All notices, requests and demands or other communications to be given under this BAA to a Party will be made via either first class mail, registered or certified or express courier, or electronic mail to the Party’s address given below:

If to Covered Entity, to:

Attn: Raymond Beeman
Telephone:

Email: [email protected]
If to Business Associate, to:

Attn: Jonathan Alexander
Telephone: 949.885.2330
Email: [email protected]

7.5 This BAA constitutes the entire agreement between the parties related to the subject matter of this BAA, except to the extent that the Underlying Agreement imposes more stringent requirements related to the use and protection of PHI upon Business Associate. This BAA supersedes all prior negotiations, discussions, representations, or proposals, whether oral or written. This BAA may not be modified unless done so in writing and signed by a duly authorized representative of both parties. If any provision of this BAA, or part thereof, is found to be invalid, the remaining provisions shall remain in effect.

7.6 This BAA will be binding on the successors and assigns of the Covered Entity and the Business Associate. However, this BAA may not be assigned, in whole or in part, without the written consent of the other party. Any attempted assignment in violation of this provision shall be null and void.

7.7 This BAA may be executed in two or more counterparts, each of which shall be deemed an original.

7.8 Except to the extent preempted by federal law, this BAA shall be governed by and construed in accordance with the laws of the State of California.

1 SERVICE AGREEMENT

COVER SHEET
This Service Agreement (“Agreement”) is made by the entities signing below as of _______________ (the “Effective Date”).

1. Services

1.1. Services. Subject to the Agreement, Rightway will provide the services specified in Exhibit A – Service Details (“Services”) to Customer’s employees and other individuals (such as family members) identified by Customer as eligible to receive the services (“ Authorized Users ”). Customer shall provide Rightway with an initial list of its Authorized Users (“Eligibility Feed”) before the Service Start Date and shall update the list monthly during the service term. The Eligibility Feed and its updates shall include the information specified in Exhibit A – Service Details.

1.2. Service Assurances. Rightway will deliver the Services in accordance with the Service Level Assurances (“ SLA”) attached as Exhibit D - SLA.

2. Fees
Rightway will invoice monthly based on the number of Authorized Users in the preceding month, provided that monthly fees shall not decrease during the term more than 10% below the first month's fees. Customer shall pay any invoiced fees not subject to a good faith dispute within 30 days after the date of Rightw ay’s invoice. All payments must be made in U.S. dollars. Late payments will accrue late interest at the rate of 1.0% per month or the maximum rate permitted by law, whichever is lower. All fees are exclusive of, and Customer shall pay, any taxes or similar assessments (other than Rightway’s income taxes).

3. Exhibits and Incorporated Terms
In addition to this cover sheet, this Agreement is subject to and incorporates by reference as though fully set forth herein, the following exhibits and terms:
● Exhibit A – Service Details
● Exhibit B – Service Terms
● Exhibit C - BAA. The Business Associate Agreement (“ BAA”) executed by the parties (if any). In the event of any inconsistency between this Agreement and the BAA as it may relate to “Protected Health Information,” as defined in 45 C.F.R. § 160.103, the provisions of the BAA shall govern. ● Exhibit D - SLA
Customer: [INSERT] Rightway: Rightway Healthcare, Inc. [INSERT ADDRESS] 228 Park Ave. S., PMB 42634, New York, NY 10003

Authorized Signature Authorized Signature
Name and Title Name and Title
Notices to: Notices to: [email protected] (with a copy to [email protected])
Billing Contact:

Medical Group: RW Health FL, PC

Authorized Signature
Name & Title

2 EXHIBIT A

SERVICE DETAILS
Rightway will make the following Services available beginning on the applicable Service Start Date in the table below.

Service Service Start Date Initial Term Initial Number of Eligible Employees
Monthly Fee Per
Eligible Employee
Navigation Service [Start Date] 36 months 548 $3.25
Claims Data Analysis [Start Date] 36 months 548 n/a
Telemedicine Service [Start Date] 36 months 548 $1.25

Customer’s Billing Contact Rightway’s Service Manager
Name [insert] Name Christopher Perry-Coon
Phone [insert] Phone (518) 810-6901
Email [insert] Email chris topher.perry -
[email protected]

1. Eligibility Feed
The Eligibility Feed shall include at least the following, and Rightway reserves the right to modify or update the following as needed during the term of the Agreement:
● Census eligibility file
● Plan assets: summary plan descriptions or other benefit documentation as applicable ● HIPAA authorizations
● List of point solutions – as applicable
● Customer medical group number
● Vision and Dental: Confirm if Rightway is to provide navigation ● Employee Assistance Program: confirm if available, if yes, administrator contact/employee access ● Health Savings Account: Yes/No. If Yes, provide account administrator and annual limits ● Additional Customer notes: provided if applicable

2. Navigation Services
Rightway will make Navigation Services available Authorized Users. “ Navigation Services ” means access to Rightway’s technology portal and patient navigator, which are designed to help Authorized Users to navigate to the optimal cost and quality option for their condition, and the following services:
● Care Navigation and Coordination
● Provider Search, Pricing, Transparency
● Quality Ratings
● Benefits Integrator & Insurance Profile
● Navigation
● Outreach to Employees

3. Claims Data Analysis
Rightway will provide Claims Data Analysis of certain of Customer’s historical claims. “ Claims Data Analysis ” means an analysis, based upon completion of Services of no less than a full quarter and ther eafter on a quarterly basis (unless a less frequent timeframe is agreed by the parties), of certain of Customer’s historical claims in order to assess the nature of Customer’s health care expenditures, possible areas of Customer’s preventable utilization, information regarding Customer’s potential at-risk Authorized Users and a proposed baseline strategy for Customer’s population health management plan.

Rightway’s provision of Claims Data Analysis is (1) conditioned on Customer providing to Rightway timely access to information and data required by Rightway to provide such analysis; and (2) based upon a timeline to be agreed by the parties.

4. Telemedicine Services
Rightway will make the Telemedicine Services available to Authorized Users of the Navigation Serv ices (this service is not available on a standalone basis). “ Telemedicine Services” means synchronous and asynchronous information technology- enabled virtual medical consultations delivered to Authorized Users by RW Health FL, PC (“Medical Group”) through qualified healthcare professionals that it employs or otherwise engages (“Providers”). “Provider Care” means medical care delivered

3 by Providers as part of Telemedicine Services and excludes non -medical aspects of Telemedicine Services, such as administration and technology. As a medical professional service subject to its own standards of care, Provider Care is excluded from any service level commitments under this agreement. Company will ensure that Authorized Users have given their informed consent to Medical Group providing Telemedicine Services.

4 EXHIBIT B

SERVICE TERMS
The Services Agreement is subject to these Service Terms (“Terms”).

1. Services

1.1. Services. Subject to the Agreement, Customer may access and use the Services during the term of and solely for the uses permitted under the Agreement (“Permitted Use”) by and through Customer’s Authorized Users.

1.2. Service and System Control. As between the parties, (a) Rightway has and will retain sole control over the operation, provision, and management of the Services; and (b) Customer bears sole responsibility for and will retain sole responsibility for all access to and use of the Services and Rightway Materials by its Authorized Users and by any individual gaining such access or use by or through the Customer systems or any other means controlled by Customer or any Authorized User, including any (i) information, instructions or materials provided by any of them to the Services or Rightway, (ii) results obtained fro m any use of the Services or Rightway Materials and (iii) conclusions, decisions or actions based on such use. Customer shall employ appropriate physical, administrative and technical controls, and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all access credentials; and (b) control the content and use of Customer Data, including the uploading or other provision of Customer Data to Rightway. Customer shall comply with and ensure that its Authorized Users comply with the Terms of Use located at https://www.rightwayhealthcare.com/termsservices. “Rightway Materials” means the Services, Rightway Systems, manuals, instructions or other documents or materials that Rightway provides or makes available and any and all other information, data, documents, materials, works and other content, devices, methods, processes, hardware, software and other technologies and inventions, including any deliverables, technical or functional descriptions, requirements, plans or reports, that are provided or us ed by Rightway or any subcontractor in connection with the Services or otherwise comprise or relate to the Services or Rightway Systems. “Rightway Systems” means the information technology infrastructure used by or on behalf of Rightway in performing the S ervices, including all computers, software, hardware, databases, electronic systems (including database management systems) and networks, whether operated directly by Rightway or through use of third -party services. “ Intellectual Property Rights” means all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equiv alent rights or forms of protection, in any part of the world. “ Customer Data” means, other than Resultant Data, information, data and other content, in any form or medium, that is collected, downloaded or otherwise received, directly or indirectly from Cu stomer or an Authorized User by or through the Services. “ Resultant Data” means information, data and other content that is derived by or through the Services from processing Customer Data and is sufficiently different from such Customer Data that such Customer Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further Processing of such information, data or content.

1.3. Changes. Rightway reserves the right to make changes to the Services and Rightway Materials provided t hat it shall not materially decrease functionality during the Term. Rightway may suspend, terminate or otherwise deny Customer’s, any Authorized User’s or any other person’s access to or use of all or any part of the Services without incurring any resultin g obligation or liability, if: (a) Rightway receives a judicial or other governmental request that expressly or by reasonable implication requires Rightway to do so; (b) Rightway believes that: (i) Customer or any Authorized User has failed to comply with any material term in these Terms or has accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under these Terms; (ii) Customer or any Authorized User is, has been, or Rightway reasonably determines is likely t o be involved in any fraudulent, misleading or unlawful activities; or (iii) Partner’s agreement with Rightway expires or is terminated.

1.4. Third Party Services and Access. Customer shall not and shall not permit any other person or entity to access or use the Services except for the Permitted Use as expressly authorized by these Terms and, in the case of any third-party materials, as expressly permitted by the applicable third-party license agreement. Customer may now or in the future have the ability to install or enable third party services for use with the Service, such as online applications, offline software products, or services that utilize a Rightway API in connection with Customer’s use of the Service (“Third-Party Services”). Any acquisition and use by Customer or its Authorized Users of such Third -Party Services is solely the responsibility of Customer and the applicable third -party provider. Customer acknowledges that providers of such Third -Party Services may have access to Customer Data in connection with the interoperation and support of such Third-Party Services with the Service. To the extent Customer authorizes the access or transmission of Customer Data through a Third -Party Service, Rightway shall not be responsible for any use, disclosure, modification or deletion of such Customer Data or for any act or omission on the part of such third-party provider or its service.

2. Confidentiality
“Confidential Information” shall include the terms of this Agreement, and any information that is clearly identified in writing at the time of disclosure as confidential or which, given the circumstances of disclosure, would reasonably be understood to be confidential, including but not limited to, vendor or supplier information, terms and conditions of supplier agreements,

5 financial projections, business plans and information, client and Customer data, personal data, sales and product plans and data, product and technical specifications. Confidential Information shall not include information which: (a) is known publicly; (b) is generally known in the industry before disclosure; (c) has become known publicly, without fault of the receiving party; or (d) the receiving party becomes aware of, from a third party not bound by non -disclosure obligations to the disclosin g party and with the lawful right to disclose such information. Each party agrees: (a) to keep confidential all Confidential Information of the other party; (b) not to use or disclose the other party’s Confidential Information except as reasonably necessary to perform under this Agreement; (c) to protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information of its own (at all times exercising at least a reasonable degree of care in the protection of such Confidential Information), and to make Confidential Information available to authorized persons only on a “need to know” basis. All such authorized persons who have access to the other party’s Confidential Information must have a written confidentiality agreement with the receiving party that is no less restrictive than the terms contained herein. This section will not prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority or regulation provided that the receiving party first provides the disclosing party with prompt written notice of such requirement (provided such notice is legally permissible) and reasonable cooperation to the disclosing party should it seek protective arrangements for the production of such Confidential Information.

3. Warranties; Disclaimer; Limitation of Liability

3.1. Each party represents and warrants to the other that: (a) this Agreement has been duly authorized, executed and delivered by it , and that it has the full power and authority and is free to enter into this Agreement and to perform its obligations hereunder and (b) it will perform its respective responsibilities under the Agreement in compliance with all applicable federal, state an d local laws, rules, and regulations, including, without limitation, HIPAA and other applicable state or federal privacy and security regulations.

3.2. ALL SERVICES, RIGHTWAY MATERIALS AND THIRD -PARTY MATERIALS ARE PROVIDED “AS IS”, AND RIGHTWAY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT.

RIGHTWAY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERRUPTION OF USE, AND NON-INFRINGEMENT.

3.3. IN NO EVENT SHALL EITHER PARTY BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS

OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR

ANY (A) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT

NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL OR (B) DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE TOTAL FEES PAID OR OWED TO RIGHTWAY PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Publicity
Each party agrees that it shall not use any trade names, trademarks, service marks, logos, or other identifying marks of the other party (the “Licensed Marks”) except as stated herein, without the prior consent of the party whose Licensed Marks are being used. During the term of this Agreement and until termination of this agreement or request from the l icensing party, each party grants to the other a nonexclusive, nontransferable, non -sublicensable license and right to use the other party’s Licensed Marks in connection with that party’s performance hereunder and in connection with listing the party as a customer and/or vendor in marketing materials. Each party acknowledges that the other party is the sole owner of the Licensed Marks and agrees that all goodwill arising out of its use of the Licensed Marks shall inure to the sole benefit of the licensing party.

5. Indemnification
Each party will indemnify, defend, and hold harmless the other party and its officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, actions, causes of action, costs, or expenses of any kind or nature, including reasonable attorneys’ fees and costs (collectively, “Claims”), arising out of any allegation, suit, or claim made by any third party against any indemnified party based upon or arising out of: (a) a claim alleging that any of the indemnifying party’s services or products infringes a United States patent, copyright or trade secret or (b) violation by the indemnifying party of any law, rule or regulation applicable to such indemnifying party’s performance under this Agreement, including, without limitation, HIPAA and similar privacy laws; provided that: (i) the indemnified party gives reasonably prompt written notice to the indemnifying party of any Claims (to the extent known); (ii) the indemnified party pr ovides the indemnifying party with reasonable assistance and cooperation with respect to the Claim; and (iii) the indemnifying party shall be entitled to assume sole control over the defense and negotiations for a settlement or compromise (provided that the indemnified party may, at its own expense, participate in any such defense, settlement, or negotiations through counsel of its choice). The indemnifying party shall not consent to, and the indemnified party shall not be required to agree to, any settlement or compromise of, any claim, demand, or suit if such settlement or compromise does not unconditionally release the indemnified party without requiring any payment by, and without imposing any material adverse conditions on, the indemnified party.

6 6. Term & Termination

6.1. Term. The “Term” for purposes of determining the initial service period and any renewal periods hereunder shall begin on the Effective Date or, if later, the applicable Service Start Date. After the Initial Term, should customer want to renew, both parties agree t o do so at the then current prices for the S ervices. Upon nonrenewal of the Agreement, and conditioned upon Customer’s continued compliance with the terms of this Agreement, Services will continue until the end of their benefit plan year in effect as of that termination date (provided that full payment has been made to Rightway hereunder for such period), but in no event shall Rightway be obligated to provide the Services hereunder more than 12 months after the Agreement’s termination date.

6.2. Termination. In the event of a material breach by a party, the non -breaching party may terminate this Agreement to the extent that such breach is not cured within 30 days after the non-breaching party provides written notice of its intent to terminate the Agreement due to the breach. If a federal, state, or local law or regulation is enacted, or the parties are otherwise directed by a federal, state, or local agency with regulatory authority over the parties ("Regulatory Action"), which prohibits the relationship of the parties or the provision of Services as presently structured under this Agreement, the parties will make a good faith effort to alter their relationship and modify this Agreement to the minimum extent necessary to comply with such directive, law or regulation. If, after diligent good faith efforts, the parties are unable to mutually agree within 90 days upon such modification, or if such modification is not legally possible, and the failure to modify the Agreement would have a material adverse effect on a party 's benefits or obligations hereunder, then this Agreement may be terminated by either party.

6.3. Effect of Termination. Upon any expiration or termination of this Agreement, except as expressly otherwise provided in this Agreement: a) all rights, licenses, consents and authorizations granted by either party to the other hereunder will immediately terminate and Services shall cease; b) Rightway shall (i) immediately cease all use of any Customer Data or Confidential Information shared with Rightway, (ii) promptly return or destroy (in Rightway’s sole discretion), all documents and tangible materials containing, reflecting, incorporating or based on Customer Data or such Confidential Information, and (iii) permanently erase all Customer Data and such Confidential Information from all systems Rightway directly or indirectly controls; provided that, for clarity, Rightway’s obligations under this section do not apply to any Resultant Data; c) Customer shall immediately cease all use of any Services or Rightway Materials and (i) Customer shall promptly return to Rightway, or at Rightway’s written request destroy, all documents and tangible materials containing, reflecting, incorporating or based on any Rightway Materials or Rightway’s Confiden tial Information; and (ii) permanently erase all Rightway Materials and Rightway’s Confidential Information from all systems Customer directly or indirectly controls; d) notwithstanding anything to the contrary in this Agreement, with respect to information and materials then in its possession or control (i) each party may retain the other party’s Confidential Information, and Rightway may retain Customer Data, in each case in its then current state and solely to the extent required by applicable Law, (ii) Rightway may also retain Customer Data in its backups, archives and disaster recovery systems until such Customer Data is deleted in the ordinary course, and (iii) all information and materials described in this section will remain subject to all confiden tiality, security and other applicable requirements of this Agreement.

6.4. Survival. Notwithstanding the expiration or termination of this Agreement, the rights and obligations contained in any provision of this Agreement, which, by its nature would survive termination of this Agreement, including without limitation sections Confidentiality, Rightway Materials, Term & Termination, Disclaimer, Limitation of Liability, and Miscellaneous, shall survive the expiration or termination of this Agreement.

7. Miscellaneous

7.1. Notices. Any notice, request, instruction, or other document to be given hereunder by any party to any other party shall be in writing and shall be given by delivery in person, by electronic mail, by reputable overnight courier, or by registered or certified mail, postage prepaid to the following to the name and address listed under the signatures on the first page of the Agreement or at such other address for a party as shall be specified by like notice. Any such notice shall be deeme d given (a) on the date of delivery, if delivered personally; (b) on the date of transmission if delivered via email transmission, with confirmation by return email of receipt by recipient, or if no such confirmation is received, then on the next business day of the recipient after such transmission; (c) on the business day after the date of delivery to a reputable overnight courier; or (d) three business days after being mailed by registered or certified mail.

7.2. Independent Contractors. The parties are independent contractors. Nothing in this Agreement shall be construed to constitute the parties to be or deemed to be Rightway’s, agents, legal representatives, joint venturers, or employees or employers of the other. Customer has no authority to bind Rightway to any agreement or commitment of any kind and will take no action which has the effect of creating an appearance of its having authority to do so.

7.3. Dispute Resolution; Governing Law . This Agreement shall be governed by and construed in accordance with t he laws of the State of New York, without giving effect to conflicts of law principles. The parties agree that any and all actions or proceedings seeking to enforce any provision of, or based on any right arising out of, or to resolve any other dispute arising under, this Agreement in connection with such dispute shall be brought and finally resolved by confidential arbitration in

7 New York, New York under the Commercial Arbitration Rules of the American Arbitration Association and conducted in English by a panel of three arbitrators appointed in accordance with such rules. Judgments upon final decisions rendered by the arbitrators may be entered in any court of competent jurisdiction.

7.4. Force Majeure . Neither party will be liable for any failure or delay in performing its obligations under this Agreement if and to the extent such failure or delay is caused by any circumstances beyond a party’s reasonable control including without limitation acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, national or regional emergency, industrial disturbances, passage of law or any action taken by a governmental or public authority, or national or regional shortage of adequate power or telecommunications or transpor tation (any such circumstance, a “Force Majeure Event”). Either party may terminate this Agreement if a Force Majeure Event affecting the other party continues substantially uninterrupted for a period of 30 days or more.

7.5. Other. No amendment, modification, or alteration of the terms or provisions of this Agreement shall be binding unless the same shall be in writing and duly executed by all of the parties; except that any of the terms or provisions of this Agreement may be waived in writing (including electronically) at any time by the party that is entitled to the benefits of such waived terms. No waiver of any of the provisions of this Agreement shall be deemed to or shall constitute a waiver of any other provision hereof. No delay on the part of any party in exercising any right hereunder shall operate as a waiver thereof.

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties; provided, however, that this Agre ement may not be assigned by a party without the prior written consent of the other party, which shall not be unreasonably withheld; provided, further, that notwithstanding the foregoing, this Agreement may be assigned by Rightway to an acquirer of all or substantially all of the assets of Rightway, without the prior written consent of the other parties. This Agreement is intended to be solely for the benefit of the parties, and no other party shall be entitled to rely on this Agreement or accrue any benefit or right of any kind pursuant to or under this Agreement.

This Agreement may be executed in the original, by any generally accepted electronic means (including transmission of a pdf file containing an executed signature page), in any number of counterparts, each of which shall be an original but all of which together shall constitute one instrument. This Agreement (including the Exhibits attached hereto and the Business Associate Agreement executed by the parties) constitute the sole understanding of the parties with respect to the subject matter hereof. This Agreement supersedes all prior and contemporaneous understandings between the parties with respect to the subject matter hereof.

8 EXHIBIT C

BUSINESS ASSOCIATE AGREEMENT
This BUSINESS ASSOCIATE AGREEMENT (this “BAA”), dated as of ______________________ (the “Effective Date”), is entered into by and between between ___________________________________( “Covered Entity”), and Rightway Healthcare, Inc., a Delaware corporation (“Business Associate” and, together with Covered Entity, the “Parties”). Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in that certain Services Agreement, dated as of the Effective Date, by and between Covered Entity and Business Associate (the “Agreement”), or, if not defined in the Agreement, as defined in the federal Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. Part 160, subpart A and Part 164, subparts A and E (the “ Privacy Rule”), the federal Security Standards, 45 C.F.R. Part 160, subpart A and Part 164, subparts A and C (the “Security Rule”), or 45 C.F.R. Part 160, subpart A and Part 164, subpart D (the “Breach Notification Rule”, and, collectively with the Privacy Rule and the Security Rule, the “HIPAA Rules”), as each may be amended from time to time.

RECITALS
WHEREAS, Covered Entity is subject to (a) the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§ 1320d – 1320d-8, as amended from time to time (“HIPAA”), and is required to safeguard individually identifiable health information Covered Entity creates, receives, maintains or transmits in accordance with the requirements HIPAA establishes, and (b) the requirements set forth in t he Health Information Technology for Economic and Clinical Health Act and any regulations promulgated thereunder;
WHEREAS, Covered Entity desires to engage Business Associate, and Business Associate desires, to perform the Services for or on behalf of Covered Entity, which may involve the use or disclosure of Protected Health Information created, received, maintained or transmitted by Covered Entity and/or other business associates of Covered Entity (collectively, “PHI”); and WHEREAS, this BAA is intende d to comply with the requirements for business associate agreements under the HIPAA Rules and shall be construed to achieve compliance with those requirements.

AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants, terms and conditions set for th herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE

1.1 Limits on Use and Further Disclosure Established by Agre ement or by Law. Business Associate hereby agrees that any PHI provided or made available by Covered Entity shall not be further used or disclosed other than as permitted or required by this BAA or as required by law.

To the extent Business Associate is to carry out any of Covered Entity’s obligation under the Privacy Rule, Business Associate shall comply with the requirements of the Privacy Rule that apply to Covered Entity in the performance of such obligation.

1.2 Appropriate Safeguards. Business Associate will use appropriate safeguards, and comply with the Security Rule with respect to electronic PHI, to prevent use or disclosure of the PHI, other than as provided for by this BAA.

1.3 Reports of Improper Use or Disclosure. Business Associate hereby agrees that it shall promptly report to Covered Entity any use or disclosure of PHI not provided for or allowed by this BAA. This provision shall apply to breaches of unsecured PHI as required by 45 C.F.R. § 164.410, and any security incident of which it becomes aware.

1.4 Subcontractors. In accordance with 45 C.F.R. §§ 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, Business Associate hereby agrees to enter into written agreements with any subcontractors that create, receive, maintain or transmit PHI on behalf of Business Associate, and the terms of such agreements shall incorporate the applicable restrictions, conditions and requirements that apply to Business Associate with respect to such information as set forth herein.

1.5 Right of Access to Information. B usiness Associate hereby agrees to make available all PHI in a Designated Record Set, as that term is defined in 45 C.F.R. § 164.501, to the “Covered Entity” or the “Individual” or the “Individual’s designee”, as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.524. The obligations of Business Associate in this Section 1.5 apply only to PHI in Designated Record Sets in Business Associate’s possession or control.

1.6 Amendment and Incorporation of Amendments. Business Associate agrees to make any amendment(s) to PHI in a Designated Record Set as directed or agreed to by Covered Entity pursuant to 45 C.F.R. § 164.526, or to take other measures as necessary to satisfy Covered Entity’s obligations under 45 C.F.R. § 164.526. The obligations of Business Associate in this Section 1.6 apply only to PHI in Designated Record Sets in Business Associate’s possession or control.

1.7 Provide Accounting. Business Associate agrees to maintain and make available the information required to provide an account ing of disclosures to the “Covered Entity” or “individual” as necessary to satisfy Covered Entity’s

9 obligations under 45 C.F.R. § 164.528, which describes the requirements applicable to an Individual’s request for an accounting of disclosures of PHI relating to the Individual.

1.8 Access to Books and Records. Business Associate hereby agrees to make its internal practices, books, and records relating to the use or disclosure of PHI received from, or created or received by Business Associate on behalf of Covered Entity, available to the Secretary of the Department of Health and Human Services (“HHS”), or the Secretary’s designee, for purposes of determining compliance with the HIPAA Rules.

PERMITTED USES AND DISCLOSURES BY BUSINESS ASSOCIATE

2.1 Stated Purposes. Business Associate is permitted to use and/or disclose PHI as necessary to perform the Services (the “Stated Purposes”) and is otherwise prohibited from using or disclosing PHI provided or made available by Covered Entity for any purpose other than as e xpressly permitted or required by this BAA, including, other than as set out below, in any manner that would violate the Privacy Rule if done by Covered Entity.

2.2 As Required by Law. Business Associate may use or disclose PHI as required by law.

2.3 Other Permitted Uses And Disclosures. In addition to the Stated Purposes for which Business Associate may use or disclose PHI, Business Associate may use or disclose PHI provided or made available by Covered Entity for the proper management and administration of Bu siness Associate or to carry out legal responsibilities of Business Associate.

Notwithstanding the foregoing, such a disclosure is permitted; provided that:
a. The disclosure is required by law; or
b. (i) Business Associate obtains reasonable assurances from th e person to whom the PHI is disclosed (the “Disclosee”) that it will be held confidentially and used or further disclosed only as required by law or for the purposes for which it was disclosed to the Disclosee, (ii) the Disclosee will use appropriate safeg uards to prevent use or disclosure of the PHI; and (iii) the Disclosee promptly notifies Business Associate of any instance of which the Disclosee is aware in which the confidentiality of the information has been breached.

2.4 Minimum Necessary. Business Associate agrees to make uses, disclosures and requests of PHI consistent with Covered Entity’s minimum necessary policies and procedures; provided that such policies and procedures shall be provided to Business Associate by Covered Entity concurrently with the execution of this BAA.

2.5 Data Aggregation. Business Associate may use or disclose PHI to provide data aggregation services, as that term is defined by 45 C.F.R. § 164.501, relating to the health care operations of Covered Entity.

2.6 De-Identification. On b ehalf of Covered Entity, Business Associate may de -identify any and all PHI obtained by Business Associate under the Agreement or this BAA, and use such de -identified data on Business Associate’s own behalf, all in accordance with the de-identification requirements of the Privacy Rule.

OBLIGATIONS OF COVERED ENTITY

3.1 Obligations of Covered Entity. Covered Entity shall promptly notify Business Associate of any (a) limitation(s) in the notice of privacy practices of Covered Entity under 45 C.F.R. § 164.520, (b) changes in, or revocation of, the permission by an Individual to use or disclose his or her PHI, and (c) restrictions on the use or disclosure of PHI that Covered Entity has agreed to or is required to abide by under 45 C.F.R. § 164.522.

3.2 Permissible Requests. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, except that Business Associate may use or disclose PHI for data agg regation or the management and administration and legal responsibilities of Business Associate as specified herein.

TERM AND TERMINATION

4.1 Term. The term of this BAA shall commence as of the Effective Date and shall terminate in accordance with the terms of this Article IV.

4.2 Termination for Breach. In the event that either Party has knowledge of a material breach of this BAA by the other Party:
a. the non-breaching Party may immediately terminate this BAA; or b. if such material breach is curable, the non -breaching Party may provide a reasonable opportunity for the breaching Party to cure the breach or end the violation, and, if the breaching Party does not cure the

10 breach or end the violation within the time specified by the non-breaching Party, the non-breaching Party may terminate this BAA.

Additionally, in the event of a non -curable material breach, the non -breaching Party shall be permitted to terminate the portion of the Services being performed that is affected by the breach.

4.3 Termination for Noncompliance. In the event Covered Entity believes in good faith that any provision of this BAA fails to comply with the then-current requirements of the applicable HIPAA regulations, Covered Entity shall notify Business Associate in writing. For a period of th irty (30) days, the Parties shall address in good faith such concern and shall amend the terms of this BAA, if necessary, to bring it into compliance. If after such thirty (30)-day period expires this BAA fails to comply with the HIPAA regulations with re spect to the concern(s) raised pursuant to this Section 4.3, Covered Entity shall have the right to terminate this BAA upon thirty (30) days’ written notice to Business Associate.

4.4 Obligations of Business Associate Upon Termination. Upon termination of this BAA for any reason, Business Associate, with respect to PHI received from Covered Entity, or created, maintained, or received by Business Associate on behalf of Covered Entity, shall:
a. retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; b. return to Covered Entity or destroy (in Business Associate’s sole discretion) the remaining PHI that Business Associate still maintains in any form;
c. continue to use ap propriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of the PHI, other than as provided for in this Section 4.4, for as long as Business Associate retains the PHI;
d. not use or disclose the PHI retained by Business Associate other than for the purposes for which such PHI was retained and subject to the same conditions set out at Section 2.3 which applied prior to termination; and
e. return to Covered Entity or destroy (in Business Associate’s sole discretion) the PHI retained by Business Associate when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities.

The obligations of Business Associate under this Section 4.4 shall survive the termination of this BAA.

MISCELLANEOUS

5.1 Amendment. This BAA cannot be amended except by mutual written agreement of Covered Entity and Business Associate.

5.2 Binding Nature and Assignment. This BAA shall be binding on the Parties and their successors and assigns, but neither Party may assign this BAA without the prior written consent of the other, which consent shall not be unreasonably withheld.

5.3 Notices. Whenever under this BAA one Party is required to give notice to the other, such notice shall be given in accordance with Section 10.4 of the Agreement.

5.4 Force Majeure. Business Associate shall be excused from performance under this BAA for any period Business Associate is prevented from performing any services pursuant hereto, in wh ole or in part, as a result of a Force Majeure Event, and such nonperformance shall not be grounds for termination, except that Business Associate’s inability to perform will not be excused in the event that Business Associate failed to implement a reasonable disaster recovery plan prior to experiencing the event and invoking this provision.

5.5 No Third Party Beneficiaries. The Parties have not created and do not intend to create by this BAA any third party rights under this BAA.

5.6 Severability. If any provision of this BAA, or any other agreement, document or writing pursuant to or in connection with this BAA, is found by a court of competent jurisdiction to be wholly or partially invalid or unenforceable, the remainder of this BAA shall remain in full force and effect.

5.7 Waiver. No term or provision of this BAA shall be deemed waived and no breach excused unless such waiver or excuse of breach is in writing, signed by the Party against who such waiver or excuse is claimed.

5.8 Entire Agreement. This BAA is an at tachment to, and integral part of, the Agreement. In the event of any inconsistency between this BAA and the Agreement, the terms of this BAA will prevail. Other than as set forth in

11 the Agreement, there are no understandings or agreements relating to this BAA which are not fully expressed herein and no change, waiver or discharge of obligations arising under this BAA shall be valid unless in writing and executed by the Party against whom such change, waiver or discharge is sought to be enforced.IN WITNES S WHEREOF, the Parties have caused this BAA to be signed and delivered by their duly authorized representatives as of the Effective Date.

COVERED ENTITY

_______________________________________

By:

Name:

Title:

BUSINESS ASSOCIATE
Rightway Healthcare, Inc.

By:

Name: Jordan Feldman
Title: Chief Executive Officer

12 EXHIBIT [D]

SERVICE LEVEL ASSURANCES

1. Availability.

1.1. Assurance. Rightway Healthcare will use commercially reasonable efforts to ensure that the Services are Available

99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. For purposes hereof, “Availability” or “Available” means the Services are available for access and use through the web application of the Services. Any downtime resulting from Customer’s equipment or systems or service providers required by Customer, outages of utilities or other reasons beyond Rightway Healthcare’s control will be excluded from any such calculation.

1.2. Service Credits for Availability. If Rightway Healthcare is unable to provide the Availability objective noted above in any given calendar month, as Customer’s sole remedy Customer will receive a credit on its next monthly invoice equal to the corresponding percentage noted belo w of one (1) month’s subscription fees for the Services for the month in which the Availability objective was not obtained.

Services Availability Credit
Uptime of 99.0% - 99.9% 5%
Uptime of 98.0% - 98.9% 10%
Uptime of 97.0% - 97.9% 15%
Uptime of 95.0% - 96.9% 20%
Less than 95.0% 25%
Remedies will not accrue (i.e., no credits will be issued and an outage will not be considered unavailability for purposes of this Service Level Agreement) if Customer is not current in its payment obligations either whe n the outage occurs or when the credit would otherwise be issued. To receive credits, Customer must submit a written request, within fifteen (15) days after the end of the month in which the Services were unavailable.

2. Customer Support from Navigation Team.

Customer support for the Services can be reached at the account’s dedicated phone number and is available from 8:00am to 11pm ET Monday through Friday, excluding federal holidays, for all support requests. Service will also be available on Saturday and Sunday from 9am to 5pm ET. Rightway Healthcare has structured a response plan to address such requests in an efficient and timely manner, addressing the most critical issues first. Cases related to error states will be opened upon receipt of request or identification of issue, and incidents will be routed and addressed according to the following:

Severity Level Error State Description
Target
Response
Time*
Target Resolution
Within*
1 – Critical
Priority
Renders the Services inoperative, or causes
to fail catastrophically 30 minutes 4 Hours
2 – High Priority Affects the operation the Services and materially degrades Customer’s use thereof 2 hours 12 hours 3 – Medium
Priority
Affects the operation of the Services but
does not materially degrade Customer’s use
thereof
24 hours 48 hours
4 – Low Priority Causes only a minor impact on the operation of the Services 48 hours 72 hours
*Target response and resolution times are based on the monthly averages across support requests. Time is measured during the guaranteed service hours listed in Section 3.

3. Services of Navigation Team

3.1. Assurances. Customer’s Authorized Users can reach a Care Navigation team through their account’s dedicated phone number during both regular and non-regular hours. Regular hours are defined in Section 3, and non -regular hours are those that fall outside regular hours, excluding federal holidays. During regular and non -regular hours, our Navigation Team will abide by the following guidelines:

Inquiry Type Target Time*

13 Regular hours– Phone Hold Time < 5 minutes
Regular hours– Initial Web/Mobile Chat Response < 5 minutes Regular hours – Request Resolution, with the exception of bill advocacy < 24 hours
Non-regular hours– Web/Mobile Chat Response, Callback, or Request Resolution, with the exception of bill advocacy < 48 hours *Target times are based on the monthly averages across requests and require that all necessary information is made available by the Customer and/or intermediaries.

3.2. Quarterly reporting . Standard reporting dashboards will be available every 90 days after a customer launches.

Rightway will send initial and subsequent reports upon request of the customer.

3.3. Language of Navigators and application . Rightway is supported natively in application in English and Spanish.

Rightway navigators support English and Spanish. All other languages are supported by request only.

3.4. Engagement Packages. Rightway will deploy its standard set of sign -up, engagement and marketing materials.

Included in the service are all electronic mail, navigator outreach, and any other messaging that is mutually agreed upon.

City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.A
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: November 8, 2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

PUBLIC HEARING
:

RESOLUTION NO. 6609:

A RESOLUTION OF THE

CITY OF GARDENA, CALIFORNIA, AUTHORIZING THE APPLICATION AND ADOPTING

THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM COUNCIL ACTION REQUIRED:

Staff Recommendation:

That the Council open the public hearing, receive comments from the public and
authorize staff to file the application and adopting the PLHA plan for the Permanent Local Housing Allocation Program.

RECOMMENDATION AND STAFF SUMMARY:

In September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD).

The PLHA provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units.

Under the PLHA, the city is eligible to receive $1,979,262 over the five year funding period.

Funding of each year for the PLHA is generated through a fee on real estate transactions, which may fluctuate from year to year. According to HCD, the City is currently eligible for $1,406,855, which is the portion of the City’s total allocation for the first three funding periods.

Staff respectfully recommends that Council hold a public hearing, receive comments, and authorize staff to file the application to the State’s department.

FINANCIAL IMPACT/COST:

N/A
ATTACHMENTS:

PLHA Staff Report.pdf
Resolution No. 6609.pdf
PLHA Grant Application.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

City of Gardena
City Council Meeting

AGENDA TITLE: PUBLIC HEARING: RESOLUTION NO. 6609: A RESOLUTION OF

THE CITY OF GARDENA, CALIFORNIA, AUTHORIZING THE APPLICATION AND

ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION

PROGRAM

RECOMMENDATION:

1. Staff respectfully recommends that Council open the public hearing; and

2. Receive comments from the public; and

3. Authorize staff to file the application and adopting the PLHA plan for the Permanent Local Housing Allocation Program.

BACKGROUND:

In September 2017, the California Legislature approved Senate Bill 2 (SB 2), known as the Building Homes and Jobs Act (Act), which established a $75 recording fee on real estate documents to increase the supply of affordable housing. The Act establishes the Permanent Local Housing Allocation (PLHA) program administered by the California Department of Housing and Community Development (HCD). The PLHA provides a permanent source of funding to cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units. HCD released its first Notice of Funding Availability for these funds on February 26, 2020.

Under the PLHA, funding is provided through formula grants to entitlement jurisdictions based on the formula prescribed under federal law for the Community Development Block Grant (CDBG) program over a five-year funding period, as well as through a competitive grant program to non- entitlement jurisdictions. The City of Gardena is an entitlement jurisdiction and is eligible to receive $1,979,262 over the five year funding period. The City is allowed to use up to 5% of the allocation for costs related to the administration of the activities under the five-year plan. Funding of each year for the PLHA is generated

AGENDA STAFF REPORT

through a fee on real estate transactions, which may fluctuate from year to year.

According to HCD, the City is currently eligible for $1,406,855, which is the portion of the City’s total allocation for the first three funding periods. The remaining two years of the five-year funding program will below a total of $572,407 (see Table 1).

Table 1: PLHA Five -Year Funding

The State requires entitlement jurisdictions to use PLHA funds to increase the supply of affordable housing. In order to receive PLHA funds, the City is required to submit a PLHA Plan detailing the manner in which allocated funds will be used; a description of the way the City will prioritize investments that increase the supply of housing for households at or below 60 percent of AMI; a description of how the Plan is consistent with the programs set forth in the City’s Housing Element; and evidence that the Plan was authorized and adopted by resolution by the City Council and that the public had an adequate opportunity to review and comment on its content.

The City intends to utilize program funding under the direction of eligible activity (a) (2) from the programs final guidelines, which indicates funding can be used for "the predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120- percent of AMI," and activity (a) (6) assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services”.

Attached is the drafted application for the PLHA five -year plan. The application calls for the funds to be used toward s existing multi-family and owner-occupied rehabilitation programs to provide assistance occupied by lower and moderate income tenants to make proper improvements, develop incentives to encourage affordable owner -occupied workforce housing, and enhancing homelessness prevention and response efforts within the City Emergency Services through th e City’s Recreation & Human Services Department. Under the guidelines from HCD, the City is able to amend the five-year plan City of
Gardena
PLHA
Funding
Total 5 Yr.

Allocation
Amount Allocated/Estimated by Funding Year
Year 1
(2019)
Year 2
(2020)
Year 3
(2021)
Year 4
(2022)
Year 5
(2023)
Allocation $1,979,262 $329,877 $512,732 $564,246 $286,203.5 $286,203.5 5%
Admin $98,963 $16,494 $25,637 $28,212 $14,310 $14,310
95 %
Project
Funding
$1,880,299 $313,383 $487,095 $536,034 $271,893 $271,893 Estimated Funds

of the application. Reallocations of more than 10 percent of funds among the a ctivities identified in the plan would require amendment of the Plan, with approval granted by the City Council.

IN CONCLUSION, Staff respectfully recommends that Council hold a public hearing , receive comments, and authorize staff to file the application to the State’s department.

Submitted by: Greg Tsujiuchi Date: November 3, 2022 Prepared by: Amanda Acuna

Attachment

Resolution No. 6609
PLHA Draft Application

RESOLUTION NO. 6609

A RESOLUTION OF THE CITY OF GARDENA, CALIFORNIA, AUTHORIZING THE

APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL

HOUSING ALLOCATION PROGRAM

WHEREAS, the State of California Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to cities and counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated 8/17/2022 and amended 10/18/22 under the Permanent Local Housing Allocation (PLHA) Program;

WHEREAS, the City of Gardena (the “Applicant”) is an eligible local government which has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible local government delegated its PLHA formula allocation.

WHEREAS, the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients; and

WHEREAS, on November 8, 2022, the City Council held a duly noticed public hearing on the City’s application for the Permanent Local Housing Allocation Program at which time it considered all evidence, both written and oral;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDENA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1:

1. If the Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five -year estimate of the PLHA formula allocations ($1,979,262), as stated in Appendix C of the current NOFA, in accordance with all applicable rules and laws.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019 - 2023 Allocations is attached to this resolution as Exhibit A, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

6. Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for -sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) and (C).

7. Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low -interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a local government- approved underwriting of the Project for a term of at least 55 years.

8. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

9. The City Manager of the City of Gardena is authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the program or th e PLHA grant awarded to Applicant, as the Department may deem appropriate.

SECTION 2: That this Resolution shall be effective immediately.

BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered among the original Resolutions of said City; and shall make a minute of the passage and adoption thereof in the records o f the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.

Passed, approved, and adopted this day of , 2022.

TASHA CERDA, Mayor

ATTEST:

MINA SEMENZA, City Clerk

APPROVED AS TO FORM:

CARMEN VASQUEZ, City Attorney

Exhibit A - PLHA Plan for the 2019-2023 Allocations
For

§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for each proposed Affordable Rental and Ownership Housing Activity. Enter Percentage of Funds Allocated for Affordable Owner-occupied Workforce Housing 20%
The City of Gardena intends to use the PLHA funds towards a multi-family and owner-occupied rehabilitation program to provide assistance to owners of multi-family rental properties occupied by lower- income and moderate tenants. Through this program, the City will partner with private property owners to physically improve deteriorated multi-family housing properties and expand the supply of affordable rental housing. The funds will be used to finance the costs of repairs to facilitate and encourage voluntary rehabilitation of the City’s older multi-family, rental housing stock in order to physically improve deteriorated neighborhoods, as well as to increase the supply of affordable housing. Additionally, will establish incentives to encourage affordable owner-occupied workforce housing.

Funding Allocation Year 2019 2020 2021 2022
§302(c)(4)(E)(ii) Projected
Number of Households Served 20 16 70 64 170
§302(c)(4)(E)(i) Percentage of
Funds Allocated for Each
Affordable Housing Activity
50% 25% 45% 50%
3140
§302(c)(4)(E)(ii) Area Median
Income Level Served 60% 60% 120% 120% TOTAL
§302(c)(4)(E)(ii) Unmet share
of the RHNA at AMI Level
Note: complete for years
2019, 2020, 2021 only
3140
Complete the table below for each proposed Affordable Rental and Ownership Housing Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

Type of Affordable Housing
Activity
Rental:

Rehabilitati
on
Rental:

Rehabilitat
ion
Ownership
:

Developm
ent
Ownership
:

Developm
ent
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The Plan would be consistent with the following programs set forth in the City’s 2021-2029 Housing Element:
• Program 1.1: Maintenance and Preservation of the Housing Stock • Program 2.2: Affordable Housing Development, to encourage affordable housing production during the planning period by providing finance assistance • Program 2.6 Homeless Assistance, to assist homeless persons to transition towards self-sufficiency. • Program 4.5: Accessory Dwelling Units, assist lower- and moderate-income homeowners in the construction of ADUs. • Program 5.3 Place-Based Strategy for Neighborhood Improvements, to facilitate residential development in Northern Gardena to ensure quality of life improvements. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City plans to use the PLHA funds for the development rehabilitation, and preservation of affordable rental and ownership housing, that meets the needs of a growing workforce earning up to 120- percent of AMI. The City of Gardena intends to use the funds to be used towards existing multi-family and owner-occupied rehabilitation programs to provide assistance occupied by lower and moderate income tenants to make proper improvements, develop incentives to encourage affordable owner-occupied workforce housing, and enhancing homelessness prevention and response efforts within the City Emergency Services through the City’s Recreation & Human Services Department. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The City will prioritize investments that increase supply of housing for households with income at or below 60% of AMI through the following:
• The City's multi-family rehabilitation program that will allow for exterior and interior improvements of multi-family rental properties within the City of Gardena that are at least 51% occupied by household incomes at or below 60% AMI.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) PLHA Page 1 302(c)(4) Plan
Supportive/
Case
Manageme
nt Services
Supportive
/Case
Managem
ent
Services
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. 130
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
§302(c)(4)(E)(ii) Projected
Number of Households Served 15 40 30 15 30
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share
of the RHNA at AMI Level
Note: complete for years
2019, 2020, 2021 only
1485 1485
30% 30% 30%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
Supportive
/Case
Managem
ent
Services
Supportive
/Case
Managem
ent
Services
Supportive
/Case
Managem
ent
Services
TOTAL§302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
A portion of the allocation funds will be dedicated towards existing supportive services provided by the City's Human Services Department, which may include street outreach, mental health services, and job training within the first two years of the funding program. The City is currently developing a Homelessness Prevention Plan and which will assist in identifying and establishing programs to provide additional supportive services through the 2021-2023 funding periods. §302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

50.00% 75.00% 55.00% 50.00% 100.00%
Funding Allocation Year 2019 2020 2021 2022 2023
The City intends to use the funds to continue efforts on enhancing homelessness prevention and response efforts within the City Emergency Services through the City’s Recreation & Human Services Department to assist those at-risk and experiencing homelessness through our case management services.

Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting).

PLHA funds will allow the City to assist developers bring 170 affordable units to the City, thereby bringing the City closer to meeting its RHNA goals, develop incentives to encourage affordable ownership housing and establish guidelines and requirements for the multi-family rehabilitation program. The City would then complete outreach to the local multi-family property owners. The city will distribute information on the city's website and through various social media platforms. §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55 years 55 years 30 years 30 years
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of each Affordable Rental and Ownership Housing project. §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

PLHA Page 2 302(c)(4) Plan
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.B
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: November 8, 2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Short Term Rentals for Lodging in the City
COUNCIL ACTION REQUIRED:

Staff Recommendation: Staff
respectfully

recommends
that the City Council provide
direction to staff to draft an ordinance
RECOMMENDATION AND STAFF SUMMARY:

Since August 2022, the City Council has held several meetings to discuss various policy options for short term rentals (STRs) within the City. During this time the City acquired the services of Deckard Technologies/Rentalscape to provide important information regarding STRs that currently exist in the City.

On September 27, 2022, staff presented preliminary data on the number of properties with current listings on various online platforms. However, staff had noted that the analysis of the identified listings were still being conducted. Therefore, at the September 27, 2022, a motion was made to reschedule the discussion to the first meeting in November, when the entire data from Rentalscape could be presented.

At this time the analysis has been completed and the the data collected by Rentalscape is provided in the attached staff report.

FINANCIAL IMPACT/COST:

N/A
ATTACHMENTS:

STRs Staff Report.pdf
Mapping of Listings - Rentalscape.pdf
Rentalscape Data .pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

City of Gardena
City Council Meeting

AGENDA TITLE:

Short Term Rentals for Lodging Discussion

RECOMMENDATION:

Provide direction to staff to draft an ordinance.

BACKGROUND:

Since August 2022, the City Council has held several meetings to discuss various policy options for short term rentals (STRs) within the City
. During this time the City acquired
the services of Deckard Technologies/Rentalscape to provide important information regarding STRs that currently exist in the City.

On September 27, 2022, staff presented preliminary data on the number of properties with current listings on v arious online platforms . However, staff had noted that the analysis of the identified listings were still being conducted. Therefore, at the September 27, 2022, a motion was made to reschedule the discussion to the first meeting in November, when the entire data from Rentalscape could be presented.

At this time the analysis has been completed and the following information and charts were created with the data collected by Rentalscape to provide context to the types of STRs there are currently in the City.

EXISTING STRS IN THE CITY

Over the past 12-month period, 74 properties within the City have been identified to have at least one listing for a STR (Attachment A – Mapping of Listings). Between the 74 properties there was a total of 180 listings throughout the various online platforms. The number of listings is greater than the number of properties due largely in part to there being multiple rooms advertised within a whole unit. Additionally, many rentals will list on more than one platform at a time.

AGENDA STAFF REPORT

The following charts summarizes the data obtained from Rentalscape:

Owner-Occupied – The majority of the properties that were identified to have a STR listing showed to be non-owner-occupied, meaning the owner of the rental space would generally not present on-site during the rental period.

Number of Owner vs. Non-Owner Occupied Properties
Non-owner occupied 46
Owner occupied 28

Zones – A majority of the properties were located in the Single -Family Residential zone (R-1), while two properties were located in zones that do not allow for residential uses (i.e., Commercial, Industrial) , and would be considered legal nonconforming residential units.

Zone
R1 (Single-Family) 45
R2 (Low Density Res.) 8
R3 (Med. Density Multi-Family Res.) 14
R4 (High Density Multi-Family Res.) 3
Specific Plan (residential) 2
M1 1
C3 1

Residential Property Types – Most of the listings were located within traditional single-family residential dwelling units, with some listings located within attached condominiums. There were 11 listings that were advertised as rentals of Accessory Dwelling Units (ADUs).

Property Type
Single-Family Residential 42
ADU on a Single-family Residential Property 10
Condominiums 10
Duplex Residential 5
Multifamily (three or more units) 6
ADU on a Multi-Family Residential Property 1

Rental Types – The types of rentals were split between listings for rentals of rooms within a unit with shared living areas, and rentals of whole units, including those listed as ADUs. Under the City’s ADU provisions, ADUs are not supposed to be used for STRs.

Rental type
Whole Unit 37
Room within Unit 26
Guest House (ADUs) 11

Parking – Out of the 180 listings in the City, 157 listings were advertised as having available parking, either on-site or by street parking.

Advertised Parking
Onsite Parking Provided 77
Street Parking Identified 80
N/A 23

Rentalscape’s data also showed that the average daily rate for an STR in the City is currently $1 32 per night. Further data from Rentalscape is provided under Attachment B.

REGULATIONS

Aside from requiring obtaining proper licensing and registration permits, v arious options and possible provisions would need to be considered when regulating STRs in the City, such as the following:

1. Limiting the type of properties/zones
o Which types of homes to allow STRs in?
 Single family home, duplexes, apartments
 As mentioned above that no home which has an ADU or SB 9 unit may be used for STRs. Home sharing, i.e., a room rental while the owner is on premises, may be allowed.

o Which zones to allow STRs in?
 R-1, R-2, R-3, R-4, H-B, C-R, MUO, New Housing Overlays  Allowed/Not Allowed on legal nonconforming properties

2. Limit the number of total STRs in the City at any one time o If this option were chosen, then how to choose: first come – first serve until they are filled; deadlines with a lottery; reapply every number of years to give other people a chance

3. Allowing home share only – owner must be present during rental o Home-sharing may be defined as renting one or more bedrooms in a primary residence for 30 or fewer consecutive days

4. Require that this be person’s primary residence
o What would the minimum occupancy period be to establish primary residence – some cities are as low as 60 days – others require 270 days

5. Limiting the number of rental days allowed per year, per applicant

6. Limiting the number of STRs one person can have – even if through a corporation

7. Others:
o Limiting the number of people per bedroom
o Require insurance coverage
o Requiring minimum night stay
o Parking requirements
o Posting contact information
o Allowing subleasing of rental units
o Logging license plate numbers of short-term renters

Conclusion

Staff recommends the City Council provide direction to staff to draft an ordinance .

Submitted by: Greg Tsujiuchi Date: November 3, 2022 Prepared by: Amanda Acuna

Attachments:

A. Map of Lisitngs in Gardena from Rentalscape
B. Data from Rentalscape
Rentalscape Mapping of
STRs in Gardena
Legend
Identified Properties, with
Live Listing(s)
Identified Properties
Unidentified Listings
74 City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 13.C
Section: DEPARTMENTAL

ITEMS - COMMUNITY

DEVELOPMENT
Meeting Date: November 8, 2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

New Fortunetelling Permit - #2 Psychic Reading & Meditation Center 1602 Artesia Boulevard Unit F Gardena, California 90248
COUNCIL ACTION REQUIRED:

Staff Recommendation: It is respectfully recommended that the City Council continue
the item to the next regularly held meeting on December 13, 2022.

RECOMMENDATION AND STAFF SUMMARY:

An application was filed for a new fortunetelling permit at 1602 Artesia Boulevard Unit F. In
accordance with the Gardena Municipal Code, the request is subject to review by the City Council within 35 days of filing a complete application and may continue to a future meeting date. In order to conduct the necessary research and investigation of the permit review process, staff is recommending that the item be continued to the next regularly held meeting on December 13, 2022.

FINANCIAL IMPACT/COST:

None
ATTACHMENTS:

APPROVED:
___________________________________
Clint Osorio, City Manager
City of Gardena
Gardena City Council Meeting

AGENDA REPORT SUMMARY
Agenda Item No. 18.A
Section: DEPARTMENTAL

ITEMS - TRANSPORTATION
Meeting Date: November 8, 2022

TO: THE HONORABLE MAYOR AND MEMBERS OF THE GARDENA CITY COUNCIL AGENDA TITLE:

Award Construction Contract for GTrans Dispatch Remodel, Project JN512, to Ambit Construction & Design, Inc. for $436,505, and Authorize a Project Total of $545,631, and Declare California Environmental Quality Act (CEQA) Exemption COUNCIL ACTION REQUIRED:

Staff Recommendation: Award Contract and Declare CEQA Exemption RECOMMENDATION AND STAFF SUMMARY:

In October 2019, City Council awarded a contract to TripSpark for GTrans’ new technology that would allow improved development and scheduling of services such as bidding, dispatching operator assignments, and providing accurate timekeeping functions. Similarly, GTrans is nearing completion of GRID, the GTrans Real Time Information Deployment project which will dramatically change the way Operations Supervisors manage and track buses out on the road. With the implementation of this new technology, GTrans needs to reconfigure its Dispatch center to accommodate the new flow of employee work assignments, meeting areas and access points. In 2021 GTrans hired Stantec Architecture Inc. to develop a conceptual design and complete the design and construction drawings and assist with the project execution. Stantec completed this work and the construction specifications were recently issued in a construction bid.

The following bids were received on October 13, 2022:

Bidder Name
Bid

1. Ambit Construction & Design, Inc.
$ 436,505

2. R Dependable Const. Inc.
$ 615,000

3. Modern General Contractor, Inc.
$ 677.837.32

4. Concept Consultant, Inc.
$ 748,742.80

5. Corner Keystone Construction Corporation
$ 770,088

6. Acro Constructors
$ 827,338

7. Loengreen, Inc.
$ 829,080

8. Kazoni Construction
$ 907,000

9. MLC Constructors, Inc.
$ 985,850

10. Hart Design Build, Inc.
$ 999,994

The lowest responsive bidder, Ambit Construction & Design, Inc. is a state licensed contractor with verified successful construction experience in the field. They will be required to meet all bonding and financial standards.

The project scope includes the demolition of portions (interior walls only) of the existing Gardena Transit Facility, maintaining temporary operation controls during remodeling activities, remodeling of interior workspace with electrical upgrades, providing testing, warranties and facility system turnover, and handling waste and disposal of project refuse. The project will include new cabinets and countertops; new tile and carpet flooring; interior painting, base boards, and trim accessories; new roof mounted HVAC system for dispatch area with roof modifications and supports.

An environmental assessment has been prepared in accordance with the California Environmental Quality Act Guidelines and it has been determined that the project is categorically exempt.

Staff Recommendation:

Award a construction contract for the GTrans Dispatch Remodel Project, JN 512, to Ambit Construction & Design, Inc. in the amount of $436,505 Authorize a 25% construction contingency and a project total of $545,631 Declare this project to be categorically exempt under the California Environmental Quality Act, Section 15301, Class I, as rehabilitation of existing facilities.

FINANCIAL IMPACT/COST:

GTrans has available local capital funds set aside for this project and included in the FY23 and FY24 Capital Budgets approved by City Council. There is no impact to the General Fund.

ATTACHMENTS:

JN 512 - Ambit Construction & Design Inc 10-13-2022.pdf Attachment 1 - JN512 Bid Specs and Contract Documents.pdf Attachment 2 - JN512 Bid Plans (Drawings).pdf
JN512 CEQA NOE Signed.pdf
GTrans Dispatch Suite Concept Design_20200204.pdf

APPROVED:
___________________________________
Clint Osorio, City Manager

CITY OF GARDENA
CONT

RACT DOCUMENTS AND SPECIFICATIONS
FOR

GTRANS DISPATCH REMODEL
JN 512
AUGUST 2022

CITY OF GARDENA

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

GTRANS DISPATCH REMODEL
JN 512
Plans & Technical Specifications prepared by:

Stantec Architecture Inc.
801 S. Figueroa St, Suite 300
Los Angeles, CA 90017
Memoranda:

Plans and specifications are available at Planwell Administrator, 562.436.9761 or www.crplanwell.com
B
id Results: https://www.cityofgardena.org/public-contracts/ C
ity of Gardena Public Works Engineering Division: 310.217.9568

CITY OF GARDENA

NOTICE INVITING BIDS
for

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

Plans and Specifications are available through ARC Document Solutions. Please be advised that there is an additional charge for delivery. Upon payment of the purchase price, they become the property of the purchaser and may not be returned for refund.

You may access the plans through the following website under Public Planroom:

www.crplanwell.com

For help accessing and ordering, please contact a Planwell Administrator at 562.436.9761.

Notice is hereby given that the City of Gardena will receive sealed bids at the office of the City Clerk, City Hall, 1700 W. 162nd Street, Gardena, California, until 2:00 PM on October 6, 2022, and shortly thereafter on this same day, they will be publicly opened and read in the City Clerk’s Office.

Non-Mandatory Prebid Job Walk: 9:00 AM, Tuesday, August 30, 2022 13999 S. Western Ave, Gardena, CA 90249
Contact – Steve Lewis, Facilities Manager
(310) 819-5794

Any bid received after the hour stated above for any reason whatsoever, will be considered non- responsive and disqualified. The City reserves the right to withdraw or cancel this Notice Inviting Informal Bids/Quotes at any time without prior notification and the City makes no representations that any contract will be awarded to any contractor responding to the notice.

The City reserves the right to reject any or all bids and to waive any information or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive responsible bidder.

Due to COVID-19 directives, City Hall is closed to the public. As a result, the bid opening will be conducted in video conferencing using ZOOM.US. City Clerk staff members are working regular business hours and are available to accept sealed bid(s). It is highly recommended to mail or drop off bids within the sufficient time. For drop off bids, City Hall entrance has posted City Clerk’s Office phone number (310) 217-9565, they will be available to come out and accept bids at your call.

The information to join the bid opening via ZOOM is the following:

Topic: Bid Opening GTRANS Dispatch Remodel, JN512
Time: 2:00 PM on October 6, 2022 (Shortly thereafter the deadline) Join ZOOM Meeting

https://us02web.zoom.us/j/81339603846
Meeting ID: 813 3960 3846
Dial by phone: +1 669 900 9128 US

Should you have any questions or concern in delivering a bid or joining the ZOOM Meeting, please contact City Clerk’s office at (310) 217-9565 or via email at [email protected].

All bids must be in writing, must be sealed, and must be plainly marked on the outside: "BID ON PROJECT NO. JN 512. Any bid received after the hour stated above for any reason whatsoever, will not be considered for any purpose but will be returned unopened to the bidder.

Bids are required for the entire work as described below:

The Work will involve the demolition of portions of the existing Gardena Transit Facility, maintaining temporary operation controls during remodeling activities, remodeling of interior workspace with electrical upgrades, providing testing, warranties and facility system turnover, and handling waste and disposal of project refuse.

The project will include fabrication and installation of metal framing; rough carpentry and drywall; new cabinets and countertops; new doors and frames; new security windows and glazing; new acoustical ceiling tile; new tile and carpet flooring; interior painting, base boards, and trim accessories; new wall and door protectors; new plastic lockers; new roller window shades; new roof mounted HVAC system with roof modifications and supports; and

Electrical upgrades will include new low voltage power system; system grounding and bonding; electrical hanger and support systems; electrical raceway system; electrical seismic control systems, device wiring and electrical breaker and switching system.

ENGINEER’S ESTIMATE: $ 620,000

The time of completion of contract shall be 100 working days as defined in the latest Standard Specifications for Public Works (“Greenbook”). Liquidated Damages, as defined in Section 6-9, shall be $2000 per each consecutive calendar day.

Each bidder must submit a proposal to the City, c/o City Clerk in accordance with the Plans and Specifications. Said proposal is to be accompanied by a cash deposit, a certified or cashier's check, or a bidder's bond, made payable to the City of Gardena, in an amount not less than 10 percent of the total bid submitted.

The envelope enclosing the proposal shall be sealed and addressed to the City of Gardena c/o City Clerk, and delivered or mailed to the City at 1700 W. 162nd Street, Gardena, California 90247-3778. The envelope shall be plainly marked in the upper left-hand corner as follows:

ATTENTION: CITY, c/o CITY CLERK
(Bidder's Name and Address)

(Number and title of this project) ________________________

The successful bidder will be required to furnish a faithful performance bond in the amount of 100 percent of the contract price, and a payment bond in the amount of 100 percent of the contract price, both in a form satisfactory to the City Attorney.

The contractor shall have an active Class A, or Class B with pertinent specialty licenses as needed, and perform a minimum of 25% of the work, from the Contractor’s State License Board at the time of submitting bid.

Pursuant to Public Contract Code Section 22300, the Contractor may, at Contractor's sole cost and expense, substitute securities equivalent to any monies withheld by the City to insured performance under the contract unless applicable federal regulations or policies do not allow such substitution. Such security shall be deposited with the City, or a state or federally chartered bank as escrow agent, who shall pay such monies to the Contractor upon satisfactory completion of the Contract. The Contractor shall be the beneficial owner of any security substituted for monies withheld and shall receive any accrued interest thereon. Securities eligible for investment shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. No such substitution shall be accepted until the escrow agreement, letter of credit, form of security and any other document related to said substitution is reviewed and found acceptable by the City Attorney.

The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received. The award, if made, will be made to the lowest responsive responsible bidder.

Bidders are advised that this Project is a public work for purposes of the California Labor Code, which requires payment of prevailing wages. Accordingly, the bidder awarded the Contract and all subcontractors shall be required to pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, and otherwise comply with the provisions of Section 1770 et seq. of the California Labor Code, California Code of Regulations, Title 8, Section 16000 et seq., and any other applicable laws, rules and regulations adopted with respect thereto (“California Prevailing Wage Laws”). Copies of such prevailing rates of per diem wages are on file at the Gardena City Clerk’s office and the office of the City Engineer, and copies shall be made available to any interested party on request. The prevailing rates of per diem wages referred to herein are hereby made a part of this Notice by reference.

Attention is directed to the provisions of Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any Subcontractor under it.

Contractor and any Subcontractor under if shall comply with the requirements of said sections in the employment of apprentices.

The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) in a format prescribed by the Labor Commissioner no less than monthly.

As of January 1, 2016, the requirement to furnish electronic certified payroll records to the Labor Commissioner will apply to all public works projects, whether new or ongoing.

Exceptions: The Labor Commissioner may (but is not required to) excuse contractors and subcontractors from furnishing electronic certified payroll records to the Labor Commissioner on a project that is under the jurisdiction of one of the four legacy DIR-approved labor compliance programs (Caltrans, City of Los Angeles, Los Angeles Unified School District, and County of Sacramento) or that is covered by a qualifying project labor agreement.

These requirements will apply to all public works projects that are subject to the prevailing wage requirements of the Labor Code without regard to funding source.

The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm).

Skilled and Trained Workforce: This project is subject to Skilled and Trained Workforce Requirements per Sections 2600 through 2603 of the Public Contract Code.

Award of Contract: The following are conditions to the award of the contract:

I. Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5 provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract was awarded):
and
II. No contractor or subcontractor may be awarded this contract unless the contractor and each subcontractor listed on the bid is registered with the Department of Industrial Relations pursuant to Section 17265.5.

Any questions regarding this bid packages may be referred to Frank Sanchez, Public Works Engineering Division at [email protected] or by phone at 310.217.9631.

GTRANS DISPATCH REMODEL, JN512

T A B L E O F C O N T E N T S
GTRANS DISPATCH REMODEL, JN 512

DESCRIPTION PAGE DESCRIPTION PAGE i
Title Page ....................................................................

Notice Inviting Bids ......................................................

Location Map ...............................................................

Table of Contents ........................................................ i Instructions to Bidders ................................................. ii-iv BI
D PROPOSAL (To Be Submitted with Proposal)
Bid Schedule ............................................................... BP-2 Acknowledgement of Addenda Received ..................... BP-5 Bidder’s Declaration..................................................... BP-6 Non-collision Affidavit .................................................. BP-8 Declaration of Eligibility to Contract.............................. BP-9 Bid Bond ...................................................................... BP-10 Designation of Subcontractors ..................................... BP-11 Construction Project Reference ................................... BP-12 Certificate of Non-Discrimination by Contractors .......... BP-13 Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion –
Primary Covered Transition .................................... BP-14 CO
NTRACT DOCUMENTS (To Be Submitted after Award)
Agreement ................................................................... CD-2 Faithful Performance Bond .......................................... CD-4 Payment Bond ............................................................. CD-6 Workers’ Compensation Insurance Certificate ............. CD-8 Indemnification and Hold Harmless Agreement
Of Subrogation and Contribution .............................. CD-9 Insurance..................................................................... CD- 10 G

ENERAL PROVISIONS
PART 1 – GENERAL PROVISIONS ............................ GP-1 Section 1 – General ................................................ GP-1 Section 2 – Scope of the Work ................................ GP-4 Section 3 – Control of the Work .............................. GP-7 S ection 4 – Control of Material ................................ GP-8 Section 5 – Legal Relations and Responsibilities .... GP-9 Section 6 – Prosecution and Progress of the Work . GP- 10 Section 7 – Measurement and Payment ................. GP- 11 Section 8 – Facilities for Agency Personnel ............ GP- 13 TE

CHNICAL PROVISIONS
DIVISION 01 - GENERAL REQUIREMENTS............... TP-1 Section 01 10 00 – Summary .................................. TP-1 Section 01 31 00 – Project Management and
Coordination ............................. TP-5
Section 01 33 00 – Submittal Procedures ............... TP-11 Section 01 40 00 – Quality Requirements ............... TP-20 Section 01 50 00 – Temporary Facilities and
Controls .................................... TP-28
Section 01 60 00 – Product Requirements .............. TP-35 Section 01 73 00 – Execution ................................ . TP-40 Section 01 74 00 – Construction Waste
Management and Disposal ...... TP-50
Section 01 77 00 – Closeout Procedures ................ TP-58 D
IVISION 02 – EXISTING CONDITIONS .................... TP- 64 Sec tion 02 41 19 – Selective Demolition ................. TP-64 D
IVISION 05 – METALS .............................................. TP- 72 Section 05 43 00 – Slotted Channel Framing .......... TP-72 Section 05 50 00 – Metal Fabrications .................... TP-75 D
IVISION 06 – WOOD, PLASTICS AND COMPOSITES TP- 84
Section 06 10 00 – Miscellaneous Rough Carpentry TP-84
Section 06 41 16 – Plastic-Laminate-Faced
Architectural Cabinets .............. TP-94
Section 06 61 19.13 – Quartz Agglomerate
Countertops ......................... TP-103
D
IVISION 07 – THERMAL & MOISTURE PROTECTION TP-1 08
Section 07 62 00 – Sheet Metal Flashing & Trim ..... TP-108 Section 07 72 00 – Roof Accessories ...................... TP-120 Section 07 73 00 – Rooftop Support Systems ......... TP-132 Section 07 92 00 – Joint Sealants ........................... TP-136 Section 07 92 19 – Acoustical Joint Sealants .......... TP-149 D
IVISION 08 – OPENINGS .......................................... TP-1 53 Section 08 11 13 – Hollow Metal Doors & Frames ... TP-1 53 Sec tion 08 12 16 – Aluminum Frames ..................... TP-162 Section 08 14 16 – Flush Wood Doors .................... TP-168 Section 08 56 53 – Security Doors .......................... TP-175 Section 08 71 00 – Door Hardware.......................... TP-181 Section 08 80 00 – Glazing ..................................... TP-200 D
IVISION 09 – FINISHES ............................................ TP- 211 Section 09 22 16 – Non-Structural Metal Framing ... TP-211 Section 09 29 00 – Gypsum Board .......................... TP-227 Section 09 51 23 – Acoustical Tile Ceilings ............. TP-237 Section 09 65 13 – Resilient Base & Accessories .... TP-246 Section 09 65 19 – Resilient Tile Flooring ................ TP-251 Section 09 68 13 – Tile Carpeting ........................... TP-257 Section 09 91 23 – Interior Painting ......................... TP-265 D
IVISION 10 – SPECIALTIES ...................................... TP- 275 Section 10 26 00 – Wall & Door Protection .............. TP-275 Section 10 51 26 – Plastic Lockers .......................... TP-279 D
IVISION 12 – FURNISHINGS .................................... TP- 289 Section 12 24 13 – Roller Window Shades .............. TP-289 D
IVISION 23 – HEATING, VENTILATION AND AIR-
CONDITIONING (HVAC) ..................... TP- 294

SEE MECHANICAL DRAWINGS FOR SHEET SPECS
D
IVISION 26 – ELECTRICAL ....................................... TP- 294 Section 26 05 00 – Common Work Results For
Electrical ................................... TP-295
Section 26 05 10 – Existing Systems ....................... TP-308 Section 26 05 19 – Low-Voltage Electrical Power
and Cables ................................ TP-314
Section 26 05 26 – Grounding & Bonding for Electrical
Systems (Basic) ....................... TP-318
Section 26 05 29 – Hangers & Supports for Electrical
Systems .................................... TP-322
Section 26 05 33 – Raceways & Boxes for Electrical
Systems .................................... TP-329
Section 26 05 48 – Seismic Controls for Electrical
Systems .................................... TP-341
Section 26 05 53 – Identification for Electrical
Systems .................................... TP-348
Section 26 27 26 – Wiring Devices .......................... TP-355 Section 26 28 16 – Enclosed Switches & Circuit
Breakers ................................... TP-360
D
IVISION 27 – COMMUNICATIONS ........................... TP- 368

SEE TELECOM DRAWINGS FOR SHEET SPECS
APPEN
DIX
APPENDIX A: CD-1 Waste Management Recycling Plan
i

INSTRUCTIONS TO BIDDERS

FORM OF PROPOSAL
The P
roposal shall be fully executed and submitted on the forms in the project sp ecifications and shall be enclosed in a sealed envelope m arked and addr essed as directed in the Notice Inviting Bids.

PR

POSAL / BID DOCUMENTS
A
ll Proposals shall include the following executed documents to be submitted with each bid:

B
idding Schedule
A
cknowledgement of Addenda Received
B
idder's Declaration
No
n-Collusion Affidavit
D
eclaration of Eligibility of Contract
B
id Bond
De
signation of Subcontractors
C
onstruction Project Reference
Ce
rtificate of Non-Discrimination by Contractors
Ce
rtification of Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Primary Covered Transitions
D

ELIVERY OF PROPOSAL
Th
e Proposal shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the bidder's sole responsibility to see that its Proposal is received as stipulated. Any Proposal received after the scheduled closing time for recei pt of proposals will be retu rned to the bidder unopened.

W

ITHDRAWAL OF PROPOSAL
The
Proposal may be withdrawn by the bidder by means of a written request, s igned by the bidder or its properly authorized representative. Such written request must be deli vered to the place stipulated in the Notice Inviting Bids for receipt of proposals prior to the s cheduled closing time for receipt of proposals. No Proposal m ay be withdrawn after the hour fixed for opening bids.

M

ODIFICATIONS AND ALTERNATIVE PROPOSALS
ii
U
nauthorized conditions, limitations, or provisions attached to the Proposal will render it informal and may be grounds for its rejection as non-responsive. The completed Proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals wi ll not be conside red unless specifically requested. Oral, telegraphic, or telephonic proposals or modifications will not be considered.

DI

SCREPANCIES IN PROPOSALS
I
n the event there is more than one bid item in a Bidding Schedule, the bidder shall furnish a price for all bid items in the Schedule, and failure to do so will render the Proposal informal and may be grounds for its rejection as non -responsive. The bidder shall state in words and figures the unit prices or the specific sums as the case may be, for whic h it proposes to supply the labor, materials, supplies, or machinery, and completely perform the Contract. The total amount of each item bid and the total amount of the bid shall be stated in words and figures.

I
n case of any discrepancy between the words and the figures, the wor ds shall prevail. If the unit price and t he total amount named by a bidder for any items are not in agr eement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform thereto.

P
ROPOSAL GUARANTEE – BIDDER’S SECURITY
E
ach bidder shall submit with his Proposal cash, an unconditional certified or cashier's check, or a bidder's bond, in the sum of the percentage of the bid stated in the Notice Inviting Bid s, payable to the City as a guarantee that the bidder will, if its Proposal is a ccepted, execute the Contract and furnish a satisfactory Faith ful P erformance Bond, a satisfactory Payment Bond and insurance certificates as specified herein.

If a bi
dder to whom an awar d is made, fai ls or refuse s to sign the Contract or furnish the required bonds and certific ates, all within the time stated in Sec tion 2-1.5 o f the Special Provisions herein, the funds represented by said cash, check or bidder' s bond shall be forfeited and become and remain the property of the City; the amount thereof being ag reed to by the bidder and the surety as a bid bond forfeiture due the City because of the delay in the execution of the Contract and in the performance of work thereunder, resulting from such failure or refusal, except that if the City awards the contract to the next lowest responsive responsible bidder, only that portion of the bidder's security equal to the difference between the two bids will be forfeited.

A B
id Bond must be obtained from a corporate surety authorized to do business as such in the State of California as an “admitted surety insurer” and shall be on the form furnished by the City or one substantially in conformance with it. Certified or cashier 's checks mu st be drawn on a solvent s tate or nati onally chartered bank or branch thereof in the State of California. The liability of the City in connec tion with th e checks shall be limited to the return of the checks (without interest) as provided in Section 2-1.6 of the Special Provisions bound herein.

DI

SQUALIFICATION OF BIDDERS
A per
son, firm, or corporation shall NOT be allowed to make or file, or to be interested in, more than one bid, except an alternative bid when specifically requested; pr ovided, howev er, a person, firm, or corporation who has submitted a sub-proposal to a bidder submitting a Proposal, o r who has quoted prices on materials to such bidders, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals, or from submitting a Proposal as a prime contractor. Similarly, failure to c omply with the iii
registration requirements of Lab or Code Section 1725.5, as further described in t he Notice Inviting Bids, will disqualify a bidder.

A

DDITIONAL REQUIREMENTS
The bi
dder's attention is directed to the Special Provisions and T echnical Provisi ons bound herein for additional requirements of the Proposal and Contract Documents.

C

ONTRACT DOCUMENTS
C
ontract Documents are to be submitted within twenty-one (21) calendar days AFTER award of contract. Unless extended by agree ment of the City, failure to timely submit executed Contract Documents may be grounds for rejecting the bid award and forfeiture of the bid security. See enclosed documents commencing on page CD-1.

TO BE SUBMITTED WITH PROPOSAL
BP-1

BID PRO

POSAL (BP)

GTRANS DISPATCH REMODEL
PROJ
ECT NO. JN 512
Co ntractor:

A ddress:

P hone:

Fa x:

Li cense No.:

D.I.R. No.

E mail:

T
o Be Submitted
WI
TH
Bi
d Package
BP-2

BID PROPOSAL
GT

RANS DISPATCH REMODEL
PROJECT NO. JN 512

BID SCHEDULE
Th
e undersigned, having examined the proposed Contract Documents titled:

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512
and hav
ing visited the site and examined the c onditions affecting the work, hereby proposes and agrees to furnish all labor, materials, equipment, and appliances, and to perform operations necessary to complete the work as require d by said proposed Contract Documents and itemized bid schedule below. All work shall be completed within 100 Working Days from the date the Notice of Proceed is issued by the Engineer.

Item
No. Item Description Unit
Approx.

Quantity
Unit Price
in Figures Item Total
1 Mobilization / De-mobilization / Temporary
Protection of Work Areas, Materials and
Equipment. (Not to Exceed 5% of Total
Project)
LS 1 $ $
2 Project Demolition, Removals, Salvaging
of Selective Items, and Refuse Disposal. LS 1 $ $
3 Furnish Materials, Labor, Tools and
Equipment for Modifying and / or installing,
relocating Metal Stud Framing, Metal
Supports, Metal Wall Backings, Stud
Brackets, Deck Connections, Metal
Straps, Metal flashing, Metal Flat Screen
Supports, Metal Pedestal and
Miscellaneous Metal Items.

LS 1 $ $
4 Furnish Materials, Labor, Tools and
Equipment for Rough Carpentry
Installation, Modification, Repairs, and Re-
Installation.

LS 1 $ $
5 Furnish Materials, Labor, Tools and
Equipment for Installing, Penetrating,
Patching and Repairing Gypsum
Wallboard Surfaces (GWB) and Ceilings.

LS 1 $ $
6 Furnish, Martials, Labor, Tools and
Equipment for the Modification and
Installation of Water, Gas and Drainage
System Lines and Connections.

LS 1 $ $
7 Furnish Martials, labor, Tools and
Equipment for installation of Plastic
Laminate Cabinets (PLAM) with Solid
Surface Countertop, Variable Height
Backsplash and Finish Carpentry.

LS 1 $ $
BP-3
8 Furnish Materials, Labor, Tools and
Equipment for Installation of Carpet Tile,
Tile and Vinyl Tile With 4-inch Rubber
Baseboard, Rubber Transition
Accessories and Sub Tile Surface Slab
Preparation.

LS 1 $ $
9 Furnish Materials, Labor, Tools and
Equipment for Installation of New Doors,
Salvaged Door, Windows, and Sidelight;
Door and Window Hardware, Door Closer
and Electric Hinge.

LS 1 $ $
10 Furnish Materials, Labor, Tools and
Equipment for Installing and Modifying
Existing Acoustic Tile Ceiling with T-Bar
System.

LS 1 $ $
11 Furnish Materials, Labor, Tools and
Equipment for installation of Lighting
Fixtures and Accessories.

LS 1 $ $
12 Furnish Materials, Labor, Tools and
Equipment for Installation of Plastic
Storage Lockers, Re-Installation of
Salvaged Items and Installation of Owner
Furnish Specialty Items.

LS 1 $ $
13 Furnish Materials, Labor, Tools and
Equipment for the Installation of Manual
Roller Shades.

LS 1 $ $
14 Furnish, Martials, Labor, Tools and
Equipment for Surface Preparation, Primer
Coat Application and Painting of Finished
Surfaces.

LS 1 $ $
15 Furnish and Install New Rooftop AC Unit
System to Include All Martials, Labor and
Equipment for Complete Operational
System as Specified.

LS 1 $ $
16 Furnish, Martials, Labor, Tools and
Equipment for the modification of Existing
Roof for the installation of New Rooftop
AC Unit and Ducting.

LS 1 $ $
17 Furnish, Materials, Labor, Tools and
Equipment for the Installation of the
Communications Data System,
Communications TV and Audio-Visual
Systems.

LS 1 $ $
18 Furnish, Materials, Labor, Tools and
Equipment for the Modification and Design
of Fire Sprinkler Wet System.

LS 1 $ $
19 Furnish, Install and/or Modify Electrical
Systems, Fire Alarm Devices, Panels,
Breakers, Boxes, Conduit Runs, Points of
Connection, Power Supply and
Miscellaneous Electrical as Specified.

LS 1 $ $
20 Furnish Warranties, Operations Manuals,
Systems Operational Checks, and User
Turn Over Training.

LS 1 $ $
BI D SCHEDULE (Continued)
BP-4
TOTA
L CONTRACT BID:
(Fi
gures) $
(Wo
rds)
Bidders will have until end of business day September 21, 2022, to submit any Request for Information or Clarifications pertaining to project JN512 Plans and/or Specifications to Frank Sanchez, Public Works Engineering Division at [email protected]. All responses received will be reviewed and addressed. Responses will be provided to all current plan holders by September 29, 2022 and completed formal bids will be accepted until 2:00 pm October 6, 2022 in accordance with this Notice Inviting Bids. * In case of err or i n ext ension of price into t he tot al price colum n, t he u nit pri ce will govern.

All work required and show n on t he construction plans and this specification f or which no price or item is listed on this pr oposal, it shall be understood that such wor k, equipment, labor, tool s and materials s hall be provided with out extra charge, allowance or direct payment of a ny kind . Payment fo r performing such work or furnishing s uch equipment, labor, tools and materials shall be included in the above lump sum or unit bid prices and no additional compensation will paid therefor.

If the City determi nes that any of the unit bi d prices are significantl y unbalanced t o the potential detriment of the City, the bid will be replaced as non-responsive.

In case of any disc repancy between the words and the figures, the words shall prev ail. If the unit price and the total amount for a ny item are not in a greement, the unit price a lone shall be considered to represent the bidder’s intention and all totals will be corrected to conform thereto.

Attached hereto is cash, a certified check, a cashier's check, or a bidder's bond in the amount of _______________________________________________________________________Dollar s, said amount bei ng not l ess than 10 percent o f the amount bi d. P ursuant to Public Contract Code Sections 20172 and 20174, it is agreed a p ortion equal to the difference between the low bid and second low bi d shall be r etained as a bid bond forfeiture by t he City if the under signed fails o r refuses t o execute the C ontract and fu rnish the r equired bond s and certificates of insurance within the time provided.

Name of Bidder
Signature of Bidder

TO BE SUBMITTED WITH PROPOSAL
BP-5

BID PROPSOAL

GTRANS DISP

ATCH REMODEL
PROJECT NO. JN 512

ACKNOWLEDGEMENT OF ADDENDA RECEIVED
The Bidder shall acknowledge the receipt of addenda by number and date each addendum received.

Addendum
No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addendum No. ____ Date ___________ Addenda will be issued only through the ARC Document Solutions and access under their Public Planroom (www.crplanwell.com). It is the Bidder’s sole responsibility to visit t he Planroom to obtain and adm inister any Addendum related to this bid. An Addendum must be acknowledged above by a bidder in its submitted form of Proposal.

If
an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. _______________________________
_____ _____________________________
Bidder’s Signature Date

TO BE SUBMITTED WITH PROPOSAL
BP-6

BID PROPOSAL

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

BIDDER'S DECLARATION
It is understood and agreed that:

1. The unde rsi
gned has careful ly examined a ll documents which will f orm a part of the Contract; namel y, the Notice Inviting Bids, the Instructions to Bidders, t his Proposal, the Bi d Bond, the Contract, the Faithful P erformance Bond, the Payment Bond, the federal requirements, if any, t he Plans and Specifications, the S pecial Provisions, and the Technical Provisions.

2. T
he undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully inf ormed himself as t o all condi tions and matters, which can in any way affect the work or the cost thereof.

3. The
undersigned fully understands the scope of work and has checked carefully all words and f igures inserted in this Proposal and he further unde rstands that the City will no t be responsible for any errors or omissions in the preparation of the Proposal.

4. The unde
rsigned agrees and acknow ledges that he is aw are of the provisions of Section 3700 of the Labor Code which requires every employer t o be i nsured against liability f or workers' compensation or to undertake self -insurance in accordance with the provisions of tha t Code, and that the undersigned will co mply with such provisions before comm encing the performance of the Contract if it is awarded to the undersigned.

The un
dersigned will execut e the Contract an d furnish the requir ed statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.

The unders
igned will begin work after award of Contract and a Notice to Proceed has b een given as herein specified and will complete said work within the time sp ecified in the Biddi ng Schedule.

5. The
undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a per son not herein named, and the undersigned has not directly or indirectly induced or solici ted any other bidder to put in a sham bid n or induced any ot her person, firm, or corporati on to r efrain from bidding. The undersigned has not in any manner sought by collusion to secure for himself any advantage over any other bidder.

6. The under
signed will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the City after evaluation of t he bids as submitted. The undersigned agrees that the City shall recover or retain as a bid bond forfeiture an amount equal to the difference between the low bid and amount of the bid of the bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest bidder in ac cordance wit h the pr ovisions of the Public Contract Code Sections 20172 and 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.

TO BE SUBMITTED WITH PROPOSAL
BP-7
BIDDER'S DECLARATION (Continued)

7. The under
signed bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.

Respec
tfully submitted,
_______________________________ ______________________________________ Contractor's Business Name Contractor (Print) Title
________________________________ ______________________________________ Business Address: Street Signature Title
________________________________ ______________________________________ City State Zip Contractor's License No. and Classification ________________________________ ______________________________________ Business Phone Number Business Fax Number
Date
________________________________ ______________________________________ Name Title Residence: Street
________________________________ ______________________________________ City State Zip Residence Phone Number
Note: I f the bid is m ade by an individual, it must be signed with the full nam e of the bidder, whose address must be given: if it is made by a firm, it must b e signed in the co- partnership's nam e by a general partner thereof, who shall also sign his o r her own name, and the name and full address of ea ch partner (general and/or limit ed) must be given; and if it is made by a corporation, it mu st b e signed by a pr operly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.

BID PROPOSAL

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

NON-COLLUSION AFFIDAVIT
(To be executed by Bidder and submitted with Bid)
State of California
County of Los Angeles
being f irst duly sworn, deposes and
says that he or she is of
the par ty making the foregoing bid, that t he bid is not made in the interest of, o r on the behalf of, any undisc losed per son, partnership, c ompany, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any o ther bidder, or to fix any ove rhead, pr ofit, or cost element of that of any other bidder , or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are t rue; and, further, that the bi dder has not, directly or in directly, submitted his o r her bid pr ice or any breakdown thereof, or the contents thereo f, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, or age nt thereof to effectuate a collusive or sham bid.

NAME OF BIDDER

SIGNATURE OF BIDDER

ADDRESS OF BIDDER

CITY STATE ZIP

ALL SIGNATURES MUST BE WITNESSED BY NOTARY
(attach appropriate jurats)

TO BE SUBMITTED WITH PROPOSAL
BP-8

TO BE SUBMITTED WITH PROPOSAL
BP-9

BID PROPOSAL

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] The undersigned, a duly authorized representative of the contractor, certifies and declares that:

1. The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The undersigned contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of Sections 1771. 1 or 1777.7 of th e California Labor Code or any other provision of law.

3. The undersigned contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Sect ion 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ine ligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.” “(b) Any contract on a public works pr oject entered into between a contractor and a debarred subcontractor is void as a matter of law . A deba rred subcontractor may not receive any publ ic money for performing work as a subcontractor on a public wo rks contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be r eturned to the awarding body. The contractor shall be responsible for the payment of wages to wor kers of a debar red subcontractor who has been allowed to work on the project.”

4. The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and has determined that none of them is ineligible to perform work as a subc ontractor on a public works project by virtue of the foregoing p rovisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ______ day of _________, 20 _ , at _________ _______ ________ (place of execution),
California__________.

Signat
ure: ____________________________ Name: _________________________________ Title: ______
__________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
BP-10

BID PROPOSA
L

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

BID BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT , as Principal,
and , as Surety,
are held firmly bound unto the City of Gardena in the sum of $ ;

DOLL ARS,
(not less than ten percent of total amount of bid)
for t he pay ment of which sum well and truly to be made, we bind ourselves, our heirs , executors, administrator s, successors, and assigns, j ointly and severally, firmly by these presents.

WH
EREAS, said Principal has submitted a bid to the City to perform all work required under the following:

PROJECT: GTRANS DISPATCH REMODEL PROJECT, NO. JN 512
NOW, THEREFORE, if said Principal is awarded a Contract by the City and, within the time and in the man ner required in the Specifications for said project, enters into the written form of Contract b ound wit h sa id Specifications and furnishes the required bonds, one to gu arantee faithful perform ance and the o ther to guarantee payment for labor and materials , then this obligation shall be null and void, otherw ise it shall rema in in full force and e ffect. In th e event suit is brought upon this bond by the City and judgment is recovered, said Surety shall pay al l costs incurred by the City in such suit, including a reasonable attorneys’ fee to be fixed by the court. Surety hereby waives the provisions of California Civil Code §2845.

SIGNED AND SEALED, this day of , 20 .
(SEAL) (SEAL)
Principal Surety
BY: BY:

Signature Signat ure
Not
e: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney–in-fact must be attached.

TO BE SUBMITTED WITH PROPOSAL
BP-11

BID PROPOSAL

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

DESIGNATION OF SUBCONTRACTORS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100- 4113 of the Public Contract Code of the State of California, and any amendments thereto, each bidder sh all set f orth below the name and location of the place of busi ness of each subcontractor who will perform work or la bor or render service to the prime cont ractor in or about the const ruction of the work or improvement in an amount in excess of one- half (1/2) of one percent (1%) of the prime contractor's total bid, and shall further set forth t he portion of the work which will be done by each subcontractor. Only one subcont ractor for each such portion shall be listed.

If the
co ntractor fails to specify a su bcontractor for any portion of the wor k to be performed under the contract, he shall be deemed to have agreed t o perform such portion himself, and he shall not be per mitted to subcon tract that por tion of the w ork except under t he conditions hereinafter set forth.

Subl
etting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the City.

Portion
of Work
% Subcontractor's Name & Address
Type of
Work
State
License
Number Class
D.I.R.

Number
Not more than _____%.

BID PROPOSAL

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

CONSTRUCTION PROJECT REFERENCE
In order to more fully evaluate your background and experience for the project herein proposed, please submit a list of Pub lic Wor ks and/or similar construction projects completed or in progress within the last three (3) years. Failure to provide thi s information may constitute grounds for rejection of your bid as non-responsive.

Number of years as a contractor in construction work of this type:

Three p
rojects of this type recently completed:

1. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

2. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $

3. Name (Firm/Agency):

Address:

Contact Person: Telephone No.:

Title of Project:

Project Location:

Date of Completion: Contract Amount: $
NOTE: If re quested by t he City, the bidder s hall furnish a certified financi al s tatement, references, and other information s ufficiently comprehensive to permit an app raisal of hi s current financial condition.

Bidder's Signature

TO BE SUBMITTED WITH PROPOSAL
BP-12

TO BE SUBMITTED WITH PROPOSAL
BP-13

BID PROPOSAL

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
As
suppliers of goods or se rvices to th e City, the firm lis ted below certi fies t hat it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance w ith all ap plicable federal, state, and local directives, and execu tive orders regarding non -discrimination in employmen t; and that i t agree s to pursue posi tively and aggressively the principle of equal opportunity in employment.

We agr
ee specifically:

1. To es
tablish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To c
ommunicate this polic y to all pe rsons c oncerned, including all company employees, outside recruiting services, especiall y those se rving minorit y communities, and to the minority communities at large.

3. To tak
e affirmative steps to hire minority employees within the company.

FIRM

TITLE OF PERSON SIGNING

SIGNATURE
DATE
Pl
ease include any additional informa tion available regarding equal opportunity employment programs now in effect within your company:

BID PROPOSAL

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(BEFO

RE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE) The Cont
ractor shall no t perform W ork w ith any S ubcontractor that ha s been debarred or suspended pursuant to California Labor C ode Section 1777.1 or any o ther federal or State law providing for the debarment of contractors from public works . The C ontractor and Subcontractors s hall not be debar red or su spended throughout t he duration of the Contrac t pursuant to Labor Code Secti on 1777.1 or any other federal or State law providing for the debarment of contractors from public wo rks. If the Co ntractor or any Subcontrac tor becomes debarred or su spended duri ng the duration of t he Projec t, the Contractor sha ll immediately notify the City.

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are no
t presently debarred, suspe nded, propose d for debarm ent, declared ineligible, or voluntarily exclu ded from covered transactions by any Federal department or agency;
b. Hav
e not within a 5-year period preceding this proposal been convicted of or had a c ivil judgment render ed against t hem for comm ission of fr aud or a criminal offe nse in co nnection with obt aining, attempting to obtain, or performing a public (Fe deral, State or l ocal) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of e mbezzlement, theft, forgery, brib ery, fal sification or destruction of records, making false statement, or receiving stolen property; c. Ar
e not presently indic ted for or otherwise criminally or civilly char ged by a governmental entity (Federal, State or lo cal) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Hav
e not within a 5-year period preceding this application/proposal had one or more public transactions (Federal, State or local) te rminated for cause or default.

2. Wher
e the prospective primary participant is unable to certify to any of the statements in this certification , su ch prospectiv e participant shall attach an explanation to this proposal.

Signature: ____________________________ Name: _________________________________ Title: ________________________________ Company: ______________________________

TO BE SUBMITTED WITH PROPOSAL
BP-14

TO BE SUBMITTED WITH PROPOSAL
BP-15

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – PRIMARY COVERED TRANSACTIONS
(Continued)
INS

TRUCTIONS FOR CERTIFICATION

1. By signing and submittin g this pro posal, the prospecti ve primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification se t out below. The certification or explanation will be considered in connection w ith the department or agency' s determination whether t o enter into this transaction. However, failure of the prospective primary parti cipant to furnish a cer tification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this cla use is a mat erial representation of fact upon which reliance was placed when the department or agency determined to enter into t his transaction. If it is later determined that the prospective primary participant knowingly r endered an erroneous certification, in addition to other remedies available t o the Federal Government, the department or agency may t erminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice t o the department o r agency to which this pr oposal is s ubmitted if at any ti me the prospective primary participant learns that its c ertification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "cov ered t ransaction," "debar red," "suspen ded," "ineli gible," "low er tier covered transaction," " participant," "person," "primary covered trans action," "principal," "proposal ," and "voluntarily excluded," as used in this clau se, have the meanings set out in the Defi nitions and Coverage sections o f the rules i mplementing Executive Order 12549 . You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

6. The prospective primary p articipant agrees by submitti ng this propos al t hat, sh ould the proposed covered transaction be entered in to, it shall not knowingly enter into any lower tier cove red transaction with a person who is debarred, suspended, declared ineligible, or voluntaril y excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primar y participant further agrees by submitting this proposal that it will inclu de the clause titled "Certification Regar ding Debarme nt, Suspension, Ineligibility and Voluntary E xclusion-- Lower Tier Covered T ransactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactio ns and in all solic itations for lower tier covered transactions.

8. A participant in a covered transactio n may rely upon a certification of a prospective particip ant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it kn ows that the certif ication is erroneous. A parti cipant may decide the method and frequency by which it de termines the ineligibility of its princ ipals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good fait h the certification required by this clause. The knowledge and information of a par ticipant is not required t o exceed that which is n ormally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authori zed under paragraph 6 of these instructions, if a parti cipant in a covered transaction knowingly e nters into a lower tier cover ed transaction with a per son who is suspended, debarred, ineligible, or volu ntarily excluded from part icipation in this transacti on, in addition t o other remedies available to the Federal Government, the department or a gency may terminate this transaction for cause or default.

CD-1

CONTRACT DOCUMENTS (CD)
GT

RANS DISPATCH REMODEL PROJECT
PROJE
CT NO. JN 512
To be Submitted
within twenty-one (21) calendar days
AFTER
Award of Contract

CD-2

CONTRACT DOCUMENT

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

AGREEMENT

THIS AGREEMENT, made and entered into this day of , 20 , by and between CITY OF GARDENA in the State of California, hereinafter referred to as “CITY” and , hereinafter referred to as “CONTRACTOR.”

The City and the Contractor mutually agree as follows:

ARTICLE I.

THE PROJECT
For and i n consideration of the mutual promises set forth herein, Contractor agrees to perform and complete in a good and wor kmanlike manner all work required by the Contract Doc uments for City Project No. JN , which is described as follows:

Title: GTRANS DISPATCH REMODEL PROJECT NO. JN 512

Said work shall be performed in accordance with the Plans, Specif ications and other Con tract Documents, all of which are r eferenced in Article III h ereof and incorporated herein as though fully set forth. C ontractor shall furnish at its own expense all labor, mater ials, equipment and services necessary therefor, except such labor, materials , equipment and serv ices as are provided in the Contract Documents to be furnished by City.

ARTICLE II.

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents , City shall pay Contra ctor, in full compensation th erefor, t he contract su m set f orth in the Bidding Schedule. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, su pervision, administration, ov erhead, expenses and an y a nd all other t hings required, furnished or incurred for completion of t he work as specified in the Contract Doc uments. City shall make payments to Contractor on account o f the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents.

ARTICLE III.

CONTRACT DOCUMENTS
The Contract D ocuments, which const itute the entire agr eement between the City and the Contractor, are enumerated as follows: Proposal Documents, including the Notice Inviting Bids, Instructions to Bidders, Bidding Schedule, Bidder's Declaration, Designation of Subcont ractors, Bidder's Ass urance, and Fair Em ployment Practices documents; this Agre ement; Standard Specifications; S pecial Provisions; Technical Provisions; Drawings; Plans; and all addenda issued prior to and all modifications issued after the execut ion of this Agreement. These form the Contract, and all are as fully a part of the Cont ract as if attached t o thi s A greement or repeated herein.

CD-3

ARTICLE IV.

EFFECTIVE DATE

This Agreement shall become effective and commence as of the date set forth below on which the last of the parties, whether City or Contractor, executes said Agreement.

IN WITNESS WHERE OF, the parties hereto have caused this Agreement t o be exe cuted and attested by their proper officers thereunto duly authorized.

CITY CONTRACTOR

By: By:

M AYOR (Sign) Sign / Title

Date: Date:

SEAL
Attest: At test: (Contractor)
By:

CITY CLERK (Si gn) By:

Sign / Title
Date: Date:

APPROVED AS TO FORM:

By:

CITY ATTORNEY (Sign)

Date:

CONTRACT DOCUMENT

CD-4

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

FAITHFUL PERFORMANCE BOND

WHEREAS, the City of Gardena has awarded to ___ _____, hereinafter designated as the "Principal", a Contract for:

PROJECT: GTRANS DISPATCH REMODEL PROJECT NO. JN 512

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;

NOW, THEREFORE, we,
as Principal, and
as Surety, are held and firmly bound unto the City in the sum of

Dollars ($ ), this amount being not
less than one hundred pe rcent (100%) of the total Contract price, lawf ul money of the United States of America, for payment of which sum well and t ruly to be m ade we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

In case suit is br ought upon this bond, the Surety will pay all c ourt costs and reasonable attorneys’ fees to the City of Gardena in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGA TION IS SUCH THAT, if the hereby bounded Principal, his or its heirs, execut ors, administrators, successors, or assigns, sh all in all things stand to and abide by, well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner therein designated and in all respects according to th eir true intent and meaning, then this obligation shal l become null and void; othe rwise, it shall be and r emain in full force and effect.

FURTHER, the Surety , for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition, or modification to the terms of the Contract, or of the work to be performe d thereun der, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any su ch change, extension of time, alteration, addition, or modification to the terms of the Contract or to the w ork or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.

CD-5

This bond shall remain in full force and effect for a warranty period of one full year after acceptance of the job by the City.

IN WITNESS WHEREOF, three (3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and

Surety named herein, on the day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these pr esents duly signed by its undersigned representative pursuant to authority of its governing body.

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

CD-6

CONTRACT DOCUMENT

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

PAYMENT BOND

WHEREAS, the City of Gardena has awarded to , as Contractor, a contract for the work described as follows:

PROJECT: GTRANS DISPATCH REMODEL PROJECT NO. JN 512

AND WHEREAS, said Contractor is required to furnish a bond in connection with said contract, to secure the pay ment of claims of laborers , m echanics, materialmen and other persons, as provided by law;

NOW, THEREFORE, we, the unde rsigned Contractor and Surety, are held firmly b ound unto the City in the sum of ,
Dollars ($ __ ___ ) this amount being not less than one hundred percent (100%) of the total Contract price, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, success ors and assigns, joi ntly a nd se verally, firmly by t hese presents.

THE CONDITION OF THI S OBLIGATION IS SUCH THAT, if s aid Contr actor, its h eirs, executors, admini strators, successors, assigns , or su bcontractors shall fail to pay any of the persons named in Civil Cod e Section 3181, or am ounts due under the Unemployment Insurance Code with res pect to work or labor perfor med under the contract, or any amounts required to be deducted, withheld, and pa id over to the Employment Development Department from the wag es of empl oyees of t he Con tractor and its subcontr actors pursuant to Section 13020 of the Unemployment Insurance Code, or any other amount s due to persons under any applicable project contrac t or law, with re spect to such wo rk and labor, then the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pa y all court costs and reasonable attorneys’ fees to the pl aintiff(s) and City in an amount to be fixed by the court.

This bond shall inure to the benefit of any o f the persons named in C ivil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alter ation, addition, or modi fication to the terms of the Contract, or of the wor k to be performed thereunder, or the specifications for the same, shall in any way af fect its obligations under this bond, and it does hereby waive notice of such change, extension of time, alteration, addition, or modification to th e terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§ 2845 and 2849.

CD-7

This bond shall remain in full force and effect for six full months after the period in which verified claims may be filed as provided for in Section 3184 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of 20 .

[PRINCIPAL]

By
Title

Signature

[SURETY]

By
Title

Address

Phone No.

Signature

All signatures must be notarized.

Appropriate modifications shall be made to this form if the bond is being furnished for the performance of an act not provided for by agreement.

Corporations must affix corporate seal.

CD-8

CONTRACT DOCUMENT

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

WORKER'S COMPENSATION INSURANCE CERTIFICATE

The C ontractor shall execute the following for m as required by the C alifornia Labor Code, Sections 1860 and 1861:

I am a ware of the provisions of Sec tion 3700 of the Labo r Code which require every employer to be in sured against liabili ty for wor kers' compensat ion or to undertake self-insurance in acc ordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.

DATED:

CONTRACTOR

By
Signature

Title

ATTEST:

By
Signature

Title

CD-9

CONTRACT DOCUMENT

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

AND WAIVER OF SUBROGATION AND CONTRIBUTION

GTRANS DISPATCH REMODEL PROJECT, NO. JN 512

To the fullest extent permitted by law, Indemni tor hereby agrees, at its sol e cost and expense, to defend, protect, indemnify, and hold harmless the City of Gardena and i ts re spective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (col lectively “Indemnitees”) from and against any and all d amages, costs, expenses, liabilit ies, claims, demands, causes of ac tion, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of ac countants, attorney s, or other profes sionals and all costs associ ated ther ewith (collect ively “Liabilities”), arising or claimed to arise, di rectly or indirec tly, out of, in connection with, resulting from, or related to any act , failure to act, error, or omission of Indemn itor or any of its officers, agents, servants, employees, s ubcontractors, materialmen, su ppliers or their officers, agents, servants or empl oyees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, lic ense, or permit (the “Agreement”) or the performance or failure to perform any t erm, provisio n, c ovenant, or condition of the Agreement, including this indemnity provision. Thi s indemnity provision is effecti ve regardless of any prior, concurrent, or subs equent active or passive negligence by Indemnit ees and shall operate to full y indemnify Indemnitees against any such negligence. This indemnity provis ion shall survive the termination of the Agreement and is in addition to any other rights or remedies whi ch Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemni tee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in fav or of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnit ees for any attor ney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole n egligence or willf ul misconduct to the limited extent th at the underlying Agreement is subject to Civil Code 2782(a), or (b) the contrac ting public agency’s active negligence to the li mited extent that t he underlying Agreement is s ubject to Civil Code 2 782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

Indemnitor, on beh alf of itself and all pa rties claiming under or through it, hereby wai ves all r ights of subrogation and contribution against the Indemnitees, while acting within the sco pe of their duties , from all claims, l osses and liabilities aris ing out of or incident t o activities or operati ons performed by or on behalf of the Indemnitor re gardless of any prior, concurrent, or subsequent active or passi ve negligence by the Indemni tees. Accountants, a ttorneys, or other professionals employed by I ndemnitor to defend Indemnitees shall be selected by Indemnitees.

In the ev ent there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.

“Indemnitor”

Company/Contractor

Name & Title

Signature & Date

CD-10

CONTRACT DOCUMENT

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

INSURANCE

CERTIFICATION OF INSURANCE (COI) SHALL BE SUBMITTED BY THE CONTRACTOR

1. COMMENCEMENT OF WO RK. C ontractor shall not be authorized to commence W ork under this Contra ct un til it has obtained approved insurance. Before beginning W ork hereunder, during t he enti re per iod of this Contract, for any e xtensions hereto, and for periods after the end of this Contract as may be indicated below , Contractor must have and maintain in place not less than the insurance coverages required in this Section at his sole cost and e xpense. Contract or’s insurance shal l comply with all items spe cified by thi s Contract. Any subcontractors shall be subject t o all of the r equirements of this Section and Contractor shall be responsible to obtain evidence of insurance from each s ubcontractor and provide it to City before the subcontractor commences work. Alternatively, Contractor’s insurance may cover all subcontractors. The in surance requirements are not intended to and shall not in any manner limit or qualify the li abilities a nd obligations assumed by Contractor under this Contract.

2. INSURANCE COM PANY REQUIREMENTS. All insurance policies used to sat isfy the requirements imposed hereunder shall be issued by insurers admitted to do business in the State of California. Insurers shall have a current Best’s rating of not less than A-:VII, unless otherwise approved by City.

3. COVERAGES, LIMITS AND PO LICY REQUIREMENTS . Contracto r sh all maintain the types of coverages indicated below:

4. COMPREHENSIVE GEN ERAL LIABILITY INSUR ANCE. A policy of compr ehensive general liability insurance written on a per occurrence basis in an amount not less than either one million dollar s ($1,000,000) per occurrence o r tw o million dollars ($2,000,000) aggregate.

5. COMMERCIAL AUTO LIABILITY INSURANCE. A policy including all coverages provided by and t o the extent afforded by Insurance Servi ces Office form C A 0001, ed. 12/93, including Symbol 1 (any auto) wi th no special limitations affecting City. The minimum auto insurance c overage shall be one million dol lars ($1, 000,000) combined single limit per accident.

6. WORKER’S COMPENSAT ION AND EMPLOYER’S LIAB ILITY INSURANCE. A policy which meets all statutory benefit requirements of the Labor Code, or other applicable law, of the State of California. Th e minimum coverage limits for said in surance shall be no l ess than one million dollars ($1,000,000) per claim. The policy shall be issue d by an i nsurance company w hich is admitted to do business in the State of California and shall contain a clause that the policy may not be canceled without thirty (30) days prior written notice, return receipt requested, is mailed to City.

In accordance with the provisions of section 1860 of the California Labor Code, Contractor's attention is direc ted to the requirement that in accordanc e with the provisions of section 3700 of the California Labor Cod e, Contractor and every subcontractor will be r equired to

CD-11

secure the payment of compensation of h is or her employees, or obtain a certificate of consent to self -insurance by the Direc tor of I ndustrial Relation s in accordance wit h the requirements of Section 3700 of the California Labor Code.

In accordance with the provisions of s ection 1861 of the Ca lifornia Labor Code, Contractor shall sign and file wi th the awarding body the following certification prior to performing any work on the Project:

"I am aware of the provisions of section 3700 of the Labor Code which require every em ployer to be insu red against liability for worker's compensation or to undertake self -insurance in accordance with the provisions of that code, and I wi ll comply with such provisi ons before commencing the performance of the work of this contract."

7. POLICY REQUIREMENTS. The policies set forth above shall comply with the following, as evidenced by the policies or endorsements to the policies:

(i) City and it s appointed and elected off icers, employ ees, agents and v olunteers shall be added as additional insured to the policy as respects liabilities arising out of the performance of any work done under the Contract.

(ii) The insurer shall agree to provide City with thirty (30) days prior writ ten notice, return receipt requested, of any cancellat ion, non-renewal or mat erial change in coverage.

(iii) For any claims with respect to the Project cover ed by this Contract, Contractor’s insurance coverage shall be primary insurance as respects City and its elected and appointed o fficers, employees, agen ts and volunteers. Any insur ance or self-insurance mai ntained by City and its elected and appointed off icers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not contribute with it.

(iv) The policy shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

8. COURSE OF CO NSTRUCTION INS URANCE. Contractor shall provi de course of construction insurance covering for “all risks” of loss in the amount of the completed value of the Work. The C ity shall be named as a loss payee and the insurer shall waive a ll rights of subrogation against the City. This policy shall be issued by an insurance company which is admitted to do business in the State of Cal ifornia and shall contain a clause that the policy may not be canceled until thirty (30) days writ ten notice, return r eceipt requested, is mailed to the City. Course of Construction Insurance may be provided for each separate Phase.

9. ADDITIONAL REQUIREMEN TS. The procuring of r equired insurance shall no t be construed to limit Contractor’s liability he reunder nor to fulfi ll the indemnification provisions and requirements of thi s Contract. City shall not ify Contractor in writin g of changes in the insurance requirements. If Contr actor does not deposi t cop ies of acceptable insurance policies or endorsements with C ity incorp orating such changes within sixty (60) days of receipt of such notice, Contractor shall be deemed in default hereunder.

10. DEDUCTIBLES. Any deductible or self -insured retentions m ust be declared to and approved by City. Contractor shall guarantee that, at the option o f the Ci ty, ei ther: the insurer shall eliminat e or reduce such deductibl es or self-insured retentions with respect to City, its officers, employees, agents and volunt eers (with additional premium, if any, to be CD-12
paid by Contractor); or Contractor shall provide satisfactory financial guarantee for payment of losses and related i nvestigations, claim adm inistration and defense expenses in the amount of any deductibles or self-insured retentions.

11. VERIFICATION OF COMPLIANCE . Cont ractor shall furnish City with t he requi red en
dorsements attached hereto. All d ocuments are to be receiv ed and approv ed by City before Work commences. Not le ss than fifteen (15) days p rior to the expiration date of any policy of insurance required by this Contract, Contractor shall deli ver to C ity a binder or certificate of insura nce with respect to each ren ewal policy, bearing a n otation evidencing payment of the premium therefore, or accompanied by other proof of payment satisfactory to City. Contractor shall provide full copies of any requested policies to City within three (3) days of any such request by City.

12. TERMINATION FOR LACK OF REQUIRED COVERAGE. I f Contrac tor, for any r eason, fails to h ave in place, at all times during the term of this Contrac t, including any ext ension her
eto, all required insurance and coverage, City ma y immediately obtain such coverage at Contractor’s expense and/or terminate this Contract. Contractor shall indemnify, defend and hol
d harmless City and its elected and appointed officers, employees, agents and volunteers from any claim resulting from f ailure of either Contractor or any subcontractor to take out or maintain any insurance required by this Contract.

13. EQUIPMENT COVERAGE. Any policy or policies of insurance Contractor or his subcontractors elect to carry as insurance against loss or damage to construction equipment and tools or other personal property shall include a provision waiving the insurer’ s right of subrogation against City.

GP-1

GENERAL PROVISIONS

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

PART 1 – GENERAL PROVISIONS

SECTION 1 – GENERAL

1-1 GENERAL. The Standard Specifications for Public W orks Construction (“Greenbook”) written and promul gated by the Southern Califor nia Chapt er of t he A merican Public Works Association and the Southern California Districts of the Associated General Contractors of California shall be the Standard Specifications of the Cit y. All work shall conform to the 2021 edition, including supplements of th e Standard Specifications, the Special Provisions which supplement or modify the Standard Specifications, and the Standard Drawings as issued by the City (defined herein as “Agency” ) available at the time bids are opened unless otherwise specified in the Contract Documents.

The above r eferenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract Documents.

For the convenience o f the Contra ctor, the section and sub section numbering system used in these Special Provisions corresponds to that used in the Standard Specifications.

1-2 TERMS AND DEFINITIO NS. Whenever in the Standard Specificati on the following terms are used, they shall be understood to mean and refer to the following:

(a) AGENCY The City of Gardena, a California municipal corporation.

(b) BOARD The City Council of the City of Gardena

(c) CONTRACT Documents including but not limited to the proposal forms, DOCUMENTS Standard “Greenbook ” Specifica tions, Special Provisions, Technical P rovisions, Notice I nviting Bids, Inst ructions to Bidders, Bonds, Insurance, Contract and all Addenda
setting forth any modifications of the documents.

(d) ENGINEER The City of Gardena Director of Public Works/City Engineer or his authorized representative.

(e) BIDDER An individual, co-partnership, association or corporation submitting a proposal for the wo rk contemplated, acting directly or through a duly authorized representative.

(f) LEGAL ADDRESS The legal address of the Contractor to be the address OF CONTRACTOR given on the Contractor’s bid and is hereby designated as the place to which al l noti ces, l etters or other
communications to the Contractor shall be mailed or
delivered.

(g) LABORATORY An established laboratory approved and authorized by the Engineer f or testing materials and work involved in the contract.

GP-2

1-7 AWARD AND EXECUTION OF THE CONTRACT.

1-7.1 General. The proposal shall be fully execut ed and submitted on the forms pro vided by the Agency and shall be enclosed in a s ealed envelope marked and addressed as directed in the “Notice Inviting Bids”.

If the proposal is made by an individual, it shall be signed and his or her full name and addre ss shall be given; if it is made by a firm it sh all be signed with co- partnership name by a general partner thereof, who shall also sign his or her known nam e, and the name and address of each member of such co -partnership shall be given; if made by a corporation, the name of the corporation shall be signed by its duly authorized officers and attested by the corporate seal.

Bidders are warned agai nst making er asures or alterations of any kind on their Proposal.

Proposals which contain omissions, eras ures, alterations, conditions or addit ions not called for may be rejected.

At the time the Contract is awarded by the Agency, the Contractor shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Profes sions Code of the State of California to do the type of work contemplated in the Contract and shall be skilled and regularly engaged in the general class or type of work required by this Contract.

1-7.2 Contract Bonds. The “Performance Bond” is equivalent to City’s “Faithful Performance Bond”.

1-7.3 Examination of Plans, Specifications and Project Sit e. Bidders s hall read the specifications, review the drawings and examine the existing facilities to fully u nderstand the project in order to plan for the improvements as s hown in the contract, including local condition, uncertainty of weather and all other contingencies.

Bidders shall satisfy themselves by personal examination of the proposed work sites, and by such other means as they may choose as to actual conditions and requirem ents and as to the accuracy of the quantiti es stated i n the Proposal forms. Informa tion derived fro m the maps, plans, specifications, profiles, drawings, or from the Engineer /Architect of the record , shall not relieve the bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the Agency.

1-7.4 Interpretation of Drawings and Documents. If a prospective bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, he may submit to the Engineer a written request for an interpretation or a cor rection thereof. Interpretations or corrections of the Contract D ocuments including the Specific ations and Drawi ngs, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be sent by certified mail, postage prepaid, o r delive red to each person receiving a set of the Contract Documents whose address is known to the En gineer and s uch addendum shall be considered a part of and incorporated in the Contract Documents.

1-7.5 Award of Contract . After the Pr oposals have been publicly ope ned and read aloud, they will be checked for accuracy and compliance with all provisions as specified herein.

The Agency reserves the right to reject any or all bids and to waive any informality or irregularity in any bid received and to be the sole judge of the merits of the respective bids received.

Bids subsequently shown to be mathe matically unbalan ced would be rejected as nonresponsive.

GP-3

A mathematically unbalanced bid is one containing lump sum or unit bid items which d o not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs, and other indirect costs, which he/she anticipates for the performance of the items in question.

“A bid is mathematically unbal anced if the bid is structured on the basis of nominal prices for some wo rk and inf lated prices for other work; that i s, each element of the bid must carry its proportionate share of the total cost of the work plus profits.”

“A bid is materially unbalanced if there is a reasonable doubt that award to the bidder submitting the mathematically unbalanced bid will result in the lowest ul timate cost to the Government.

Consequently, a materially unbalanced bid may not be accepted.”

Award of the Contract, if it be awarded, will ordinarily be made by the Agency within 30 days after opening of the bids. Award will be made to the lowest responsive responsible bidder.

In selecting the lowest responsive responsible bidder, consideration will be given to the general competency of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder may be required to present evidence that he has successfully performed similar w ork of comparable magnitude or submit other evi dence satisfactory to the Agency that he or his associates are competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shal l be essential requirements. A showing of adequate financial resources ma y be required but will not alone determine whether a bidder is competent to undertake the proposed work.

Only manufacturers or cont ractors of established reputation, or their duly authorized dealers or agency, having proper facilities for the manufact ure of the materials or equipment and for servicing same, or for proper ex ecution of the work called for in the contract, will be considered in making the award.

1-7.6 Execution of Cont ract. A bidder whose proposal is accepted shall properly sign a written contract with the Agency on the form attached hereto and return said contract together with good and ap proved bonds and insurance certificates as required by the Contract Documents within twenty-one (21) calendar days from the date of the mailing of a notice from the Agency to the bidder, according to the address given by him, of acceptance of his proposal.

Contract bonds and certi ficates of insurance, if required, shall be filed in all instances before delivering any equipment, materials, or performing any work under the contract; also before any purchase order shall be issued. An executed Power of Attorney form shall be submitted with all contract bonds herein specified.

If a b idder whose proposal is accepted fails or refus es to enter into a contra ct a s herein provided, or to conform to any stipulated requirement in connection therewit h, t he money represented by his check or bidder’s bond shall be refunded less the difference between the low bid and the bid of the bidder wit h whom the Agency enters into an agreement in accordance with the provisions of the Public Contract s Code Section 20174. At the d iscretion of the Agency, an award may be made to the bidder whose proposal is nex t most acceptable to the Agency, and such bidder and his suret y shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made.

A corporation to which an award is made may be required before the contract is finally signed to furnish evidence of its corporate existence, of it s right to do business in California and of the authority of the officer signing the contract and bonds for the corporation to so sign.

GP-4
1-7.7 Return of Proposal and Guarantee. The check or bond o f a bidder to whom the contract has been awarded will be re turned to him after all of the acts, for the performance of which said security is required, have been fully perf ormed. The checks or bid bonds of the second and third lowest bidders will be returned when the bidder to whom the contract has been awarded has properly executed all of the required Contract Documents. Chec k or bid bonds of other bidders will be returned when their proposals are rejected or in any event at the expiration of forty-five (45) days from the date of opening bids.

1-7.8 Precedence of Contract Documents. The order of precedence of contract document shall be:

FIRST Requirements of law, including the Code and Ordinances of the City of Gardena.

SECOND Permits from other agencies as may be required by law.

THIRD Permits from City of Gardena Departments as may be required by law or ordinance.

FOURTH The Contract.

FIFTH The Bid Proposal.

SIXTH Addenda.

SEVENTH Notice Inviting Bids.

EIGHTH Instructions to Bidders.

NINTH Technical Provisions.

TENTH Plans.

ELEVENTH General Provisions of the Standard Specifications.

TWELFTH Standard Plans.

THIRTEENTH Standard Specifications for Public Works Construction (current edition).

FOURTEENTH Caltrans Standard Plans and Specifications.

FIFTEENTH Reference Specifications.

Change orders, supplemental agreements and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND and THIRD. Detailed plans shall have precedence over general plans.

SECTION 2 – SCOPE OF THE WORK

2-2 PERMITS. The Contractor will obtain, at no cost to the Agency, all permits necessary to perform the work. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to those permits required for night work, overload, blasting and demolition. For pr ivate contracts, the Contractor shall obtain all permits GP-5
incidental to the w ork or made necessary by its operations, and pay all cost s incurred by the permit requirements.

The Contractor and each subc ontractor employed upon the work must have or obtain a valid City of Gardena Business License in acc ordance with the provisions of the Gardena Municipal Code.

The project is subject to permit (s) from the Community Development Department. The permits are ready to be issued and the Co ntractor is required to pull the applicable proj ect permits (i.e. grading, electrical, mechanical plumbing, building, demo including waste management and recycle plan, etc.). The permit costs will be borne b y the Contractor and the contractor will be responsible for scheduling and obtaining all CDD inspections and approvals required for final occupancy.

2.10 DISPUTED WORK.

2.10.1 Retention of Imperfect W ork. If any portion of the w ork do ne or materials furnis hed under the contract proves defective or not in accordance with the specifications and contract drawings, and if the imperfection in t he same is not of s ufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of suc h work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to ret ain the work instead of requiring it to be removed and re constructed, but he shall make deduc tions therefor in the paymen t of the contract item due Contractor as may be just and reasonable.

2-11. DISPUTE RESOLUTION.

2-11.1 Requests for Contract Adjust ments and Relief . If either Contractor or t he A gency believes that it is entitled to reli ef against the other for any event arising out of or related to the work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. Such notice shall, if poss ible, be mad e prior to incurring any cost or e xpense and in accordance with any specific not ice requirements contained in the applicable sections of this Contract.

In the absence of any specific notice requir ement, written no tice shall be given within a reasonable time, not to exceed fourteen (14) days, after the occurrence giving rise to the claim for relief or after the claiming par ty reasonably should have rec ognized the event or condition giving rise to the request, whichever is later. Such notice s hall include sufficient information to advise the ot her party of th e circumstanc es giving ri se to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request.

2-11.2 Dispute Avoidance and Resolution . The parties are fully committed to work ing with each other throughout the Project and agree to com municate regularly with each other at al l times so as to avoid or mi nimize disputes or dis agreements. If disputes or disagreements do arise, Contractor and the Agency each commit to resolving such disputes or disagreements in an amicable, pro fessional and expeditious manner so as to avoid unnec essary losses, delays and disruptions to the work under the Contract.

Contractor and the Agency w ill first attempt to resolve disputes or di sagreements at the field level through discussions between Contractor’s Representative and the Engineer.

If a d ispute or disagreement cannot be resolved through the Contractor’s Represent ative and the Engineer, Contractor’s Chi ef Ex ecutive Offi cer or sim ilar senior representativ e and the Gardena City Manager, or designee, upon the request of the other party, shall meet as soon as conveniently possible, but in no c ase later than twenty (20) days after such a request is made, GP-6
to attempt to resolve such dispute or disagreement. Pri or to any meeting between the parti es’ senior representatives, the parties will exchange relevant information that w ill assist the parties in resolving their dispute or disagreement.

If, after m eeting, the senior representatives determine that the disput e or disagreement cannot be resolved on terms satisfactory to both parties, the parties may submit the dispute to binding or non-binding mediation. The mediation shall be conducted in any manner and by any person or mediation association mutually acceptable to the parties.

2-11.3 Arbitration. Any claims, disputes or controversies between the parties arising out o f or relating to the Contract, or the breach thereof, which have not been resolved in accordance with the procedures set forth in Section 9 -4.2 above may be decided by binding or non- binding arbitration. The arbitration shall be conducted in any manner and by any person or arbi tration association mutually acceptable to the parties.

2-11.4 Claims Disputes. Any claims of Contractor, as “claims” are defined in California Public Contract Code Section 9204 shall be processed in ac cordance with that section. Section 9204 provides in relevant part that upon receiving a claim from a contractor, together with reasonable documentation to support the c laim, a contracting public entity s hall conduct a reasonable review of the claim and, within a period not to exc eed 45 days [except as otherwise provided in Section 9204], shall provi de the claimant a writ ten statement identifying what portion of the claim is disputed and what portion is undisputed.

Any payment due on an undisputed porti on of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, Section 9- 4.3 shall apply. If the contractor disputes the public entity’s written response, or if the public entity fails to re spond t o a claim within the tim e prescribed, the contractor may demand in wr iting an inf ormal conference to meet and confer for settlement of the issues in dispute.

Upon r eceipt of a demand in writing sent by r egistered mail or certified mail, return receipt requested, the public ent ity shall sc hedule a m eet and confer conferen ce w ithin 30 days for settlement of the dispute. W ithin 10 business days following the conclusion of the meet and confer conference, if the claim or any portion o f the claim remains in dispute, the public entit y shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the contractor sharing t he associated costs equally. The public entity and contractor shall mutually agree to a mediator within 10 business day s after the disputed portion of the claim has be en identified in writing. If the part ies cannot agree upon a mediator, each party shall select a mediator and t hose mediators shall select a qualified neutr al third party to mediate with regard to the disput ed portion of the claim. Each part y shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to other applicable procedures.

2-13 DRAWINGS AND SPEC IFICATIONS ( “RECORD” DRAWINGS). At all times, the Contractor shall maintain at the project a “Record” set of Drawings and Specifications to include all executed addenda, change orders, and field orders.

Prior to each progress payment the Contractor shall deliver to the Engineer, a set of contract drawings with all applicable “as constructed” notes placed/recorded thereon. Failure to provide GP-7
“as constructed” plans will cause progress payment to be withheld until information is provided to City.

After completion of the work and before final payment, the Contractor shall deliver to the Engineer a complete set of contract drawings with all applicable “as constructed” noted placed/record thereon. The final form and detail of these as constructed plans are subject to the acceptance of the Engineer.

2-14 MARKING REMOVAL. All markings placed by the Contractor, Ci ty, and Underground Service Alert (USA) during construction shall be removed at the completion of the work. These markings shall include, but not limited to, paint, stakes, and metal tags.

All cost associated with removal of markings shall be included in the bid prices for the applicable bid items. Failure of the Contractor to remove these markings shall be cause for the City to do the work and withhold the costs from the Contractor’s final payment.

SECTION 3 – CONTROL OF THE WORK

3-5 INSPECTION. Inspection shall be made once a day for areas ready for inspection. Areas or items that fail inspection or that are not rea dy for inspection shall be rescheduled by th e contractor.

Inspection of the work shall not re lieve t he contractor of the obligat ion to fulfill all conditions and requirements of the contract.

3-6 THE CONTRACTOR’S REPRESENATIVE. The Contractor shall furnish the Engineer with the name, address and cell/ business/home telephone numbers of the person res ponsible for the maintenance of barricades, traffic control signs, lights and other safety devices.

3-12 WORK SITE MAINTENANCE.

3-12.1 General. The Contractor shall keep the work site clean and free from rubbish and debris.

The Contractor shall abate dust nui sance b y c leaning, sweeping and sprinkling with water in keeping with the AQMD and NPDES requirements . Debris , soil or other matter shall not be washed into storm drains but shall be c ollected and disposed of in a legal, r esponsible manner.

The construction area shall be cleaned w ith a power sweeper at the end of every workday and when deemed necessary by the Engineer.

The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in pav ed a reas. Use temporary san dbags to control the s ite perimeter. At the completion of the project sandbags shall become the property of the City of Gardena and shall be remain in place.

The Contractor shall not spill on haul routes. Any such spillage shall be removed immediately and the area cleaned.

Stockpiling of construction materials or debris on City right -of-way shall be in accordance with the NPDES permi t and shall be approved by the inspector. A t the completion of w ork, the Contractor shall thoroughly clean all work areas.

3-12.2 Air Pol lution and Surface M aintenance Control . The Cont ractor shall obtain a construction water meter from Gol den State Water including required deposit and fees. The Contractor shall pay for the wa ter used, at the current wat er rates. All arr angements for construction water shall be made by contractor with Golden State Water at Contractor expense.

GP-8

3-12.4. Storage of Equipment and Material.

3-12.4.1 General. All costs associated with the disposal of all excavated or demolition materials, including any gate fees, shall be paid by the Contractor . These c osts shall be included in the bid price for the applicable bid items.

Prior t o any excavated or demolition material being removed fro m the constru ction site the Contractor shall notif y the City as to the hauling route and destination for disposal. If the location for disposal is other than a county landfill then the Contractor shall provide the City with written permission and release of liability for the City from the owner of the property where the material will be deposited.

The City has an exclusive agreement with Waste Resources, Inc. and no other firm may provide bulk trash bins in the event the work requires this service.

3-12.4.2 Storage in Public Streets. Construction equipment shall not be stored at the construction site, any public s treet or publicly owned facilities without approval of the City .

Contractor shall store equipment at a contractor’s rental yard.

All excavated material that is to be hauled to and disposed of at a County landfill site by the Contractor is subject to a County gate fee based on tonnage.

3-12.5.4 Protection and Restoration of Exi sting Improvements. Any facilitie s, structures, water lines, landscaping, surfaces, signs, pavement markings, painted curbs, house numbers, etc., which are damaged during construction shall be restored to the satisfaction of the City. Damaged water lines shall be repaired immediately at no additional cost to the city.

3-12.5.5 Access to Private Property. The Contractor shall be aware that business and residential access must be maintained at all times. The Contractor shall schedule operations to minimize interference with access to private property.

The main access way to any busi ness or ho me shall not be completely blocked for more than one four-hour period a day except blockage shall be limited to one twenty-four (24) hour period when concrete is poured.

Temporary access ways shall be prov ided fro m the street to the main access way of all businesses and homes by use of traffic rated steel plates or any other met hod approved by the city.

Payment for this item shall be included in the applicable contract work item.

3-13 COMPLETION, ACEPTANCE, AND WARRANTY.

3-13.3 Warranty. In addition t o the guarantees as required in Section 1-7.2 and 3-13.3 of the Standard Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the Agency to insure that defects, which may appear within said period, will be repaired, replac ed, or corrected by the Contractor, at h is own cost and expense, to the satisfaction of the Engineer within thirty (30) days after written notice thereof by the Agency.

SECTION 4 – CONTROL OF MATERIAL

4-1 GENERAL.

GP-9

4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier.

The Contractor warrant s clear and good title to all materials, supplies and equipmen t installed and incorporated in the work, and agrees upon completion of all work to deliver t he premises, together with all improvements and appurtenances constructed or placed thereon by him to the Agency free from any claims, liens, encumbrances or charges, and further a grees that neither he nor any person, firm or corporation furnishing any mat erial or labor for wor k covered by the Contract shall have any right to a lien upon the premises or an y improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of u tility companies the title of w hich is commonly retained b y the utility company. Nothing contained in thi s section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond gi ven by the Contr actor for their protection, or any right under an y law per mitting such persons to look to funds due the Contractor, which are in the hands of the Agency.

The provisions of this section shall be inserted in all subcontractor’s and material contracts, and notice of its provi sions shall be given to all p ersons furnishing materials for the work when no formal contract is entered into regarding such materials.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBLITIES

5-4 INSURANCE. In lieu of Section 5 -4 of the Standard Specifications, r efer to the City Contract Documents Section, CD-10, for detail requirements.

5-5 ANTITRUST CLAIMS. By entry into this Contract, Contractor hereby ack nowledges the terms of Section 7103.5 of the Public Contract Code and hereby of fers and agrees to assign to the Agency all rights, title and interest in all causes of action it may have as outlined above.

5-7 SAFETY.

5-7.4 Hazardous Substances. As required by Public Contract Code Section 7104, i f this Contract involves digging trenches or othe r excavations t hat extend de eper than four (4) feet below the surface, Contractor shall promptly, and prior to dist urbance of any conditions, notify the Agency of: (1) any material discovered in excavation t hat Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by the Agency; and (3) unknown physical conditions of an unusual natur e at the site, s ignificantly different from those ordinarily encountered in such contract work. Upon notification, the Agency shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the Contract but shall retain all rights provided by the Contract and by law for making protests and resolving the dispute.

5-7.4.1 Edison Energized Conductors. Contractor hereby pr omises a nd agr ees that in the performance of the work specified in this Contract, it w ill employ and utilized only qualified persons, as hereinafter defined, to wor k in proximity to Edison’s secondary, primary and transmission facilities. The term “qualified person” is defined in Title 8, California Administrative Code, Section 2700, as follows:

“Qualified Person: A person who by reason of experience or instruction is familiar with the operation to be performed and the hazards involved.” GP-10

Contractor further promises and agrees that the provisions of t his section shall be and are binding upon any subcontractor or s ubcontractors that may be retained by it, and that C ontractor shall take such steps as are necessary to assure com pliance by said subcontractor or subcontractors with the requirements of this section.

5-7.4.2 Emergency Provisions. Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from dan ger o r loss or damage to life and property, due directly or indirectly to the p rosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.

Whenever, in the opinion of the Agency, an emergency exists of which the Agency is aware and against which the Contractor has not taken sufficient precaut ion for the safety of the public or the protection of utilities or of adjacent s tructures or property which may be i njured by the progress of construction; and whenever, in the opinion of the Agency, immediate action shall be considered necessary in order to protect p ublic or private personnel or property interests, or prevent likely loss of huma n life or damage on acc ount of the opera tions under the Contract, then in that event the Agency may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the Agency may seem reasonable and necessary, all at the expense of the Contractor.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK

6-1.1 Construction Schedule. The Cont ractor’s propos ed construct ion schedule shall be submitted to the Engineer within fourteen (14 ) calendar days after the date of the c ontract execution. The schedul e shall be supported by written statements f rom each supplier of materials or equipme nt indicating that all order s have been placed and acknowledged and setting forth the dates that each item will be delivered.

The Contractor shall include in his bid all costs to perform the work under this contract in stages.

The Contractor shall begin and complete work in each stage prior to starting work in subsequent stages unless previous permission is obtained from the Engineer. The contractor shall stage the work to allow parking on the next adjacent streets. Restricting parking on multiple adjoining streets shall require approval of the engineer.

6-1.2 Commencement of the Work. City may establish a Notice to Proceed (NTP) date no later than thirty (30) calendar days after the date of the contract execut ion. Prior to issuing the Notice to Proceed, the Engineer wi ll schedule a prec onstruction meeting with the Contractor to review the propos ed construction schedule and delivery dates, arrange utility coor dination, discuss construction methods and clarify inspection procedures.

The names, addres ses and telephone num bers of the Cont ractor and s ubcontractors, or their representatives, shall b e filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.

The Contract or shall also not ify the City of Garde na and the owner s o f all utilities and substructures within the Project area not less than 48 hours prior to star ting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the contractor and is not guaranteed to be complete or correct:

COMPANY CONTACT TELEPHONE NO.

GP-11
Southern California Edison Tricia Miller 626.533.0640
Southern California Gas Melissa Fukunaga: Tech Services Planning: Attn - Lead Planner
213.231.7281
AT&T Terence Little 626.817.4252
Raymond Dover 310.515.4257
Gardena Police Dispatch 310.3237911
L.A. County Fire Dept. 310.323.7911
Time Warner
Communications Arturo Fernandez 310.750.9099
Crown Castle Hector Aguilera 951.454.5111
Waste Resources of Gardena Lorena Rodriguez 310.366.7600 Golden State Water Co. Conde Ventura 310.436.6950 x107 Joseph Salcido 310.660.0320 x101
L.A. County Flood Control Daryll Chenoweth 626.458.3129 L.A. Sanitation District Jon Ganz 562.908.4288
Metropolitan Water District Civil Eng. Substructures Section 213.217.7059 Chevron Pipeline Dave Zerler 310.669.4014
Underground Service Alert 800.422.4133

The Contractor shall submit periodic Progress reports to the Engineer by the tenth day of each month. The report shall include an updated C onstruction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

6-1.3 Working Day. The Contractor’s working hours shall be lim ited to the hours between 8:00 A.M. and 5:00 P.M., Monday through Friday except holi days. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of t he City Engineer. The Cont ractor sha ll provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection.

If the Contractor works beyond the allowed working hours without prior written approval from the Engineer, the Contractor m ay be charged Fi ve Hundred ($500) for each occurrence as required by the Engineer . The amount will be deducted from a progress payment or bond.

Contractor hereby acknowledges and s hall be required to comply with th e provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day’s work. Contractor shall pay to the Agency a penalty of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this Contract by Contractor, or by any Subcontractor, for each calendar day during which such w orker is required or permitted to work more than eight (8) hours in any calendar day or forty (40) h ours in any one (1) calendar week, except w hen payment for overtime is made at not less than one and one- half (1- 1/2) times the basic rate for that worker.

In the event of either a requested or emergency deviation, i nspection serv ice fees will be charged against the Contractor. The service fees will be calculated at over time rates including benefits, overhead and travel time. The servi ce fees will be deducted from any amounts due to the Contractor.

6-1.4 Notice and Service Thereof. Any noti ce required or given by one party t o the other GP-12
under the contract shal l be in wr iting and shal l be dated and signed by the party giving such notice or by a duly authorized representative of such par ty. Any such noti ce shall not be effective for any purpose whatever unless served in the following manner:

Notice shall be given to the Agency by personal delivery thereof to the City of Gardena Engineer or by depositing the same i n the United States mai l enclosed in a sea led envelope, r egistered and with postage prepaid, addressed to:

Public Works Department
City of Gardena
1717 W. 162nd Street
Gardena, CA 90247-3778

Notice shall be given to the Contractor by perso nal delivery thereof to said Contractor or to his authorized r epresentative at the site of t he project , or by depos iting the same in the United States mail, encl osed in a seal ed envelope addressed to said Contractor at t he address established for the conduct of the work under this Contract, postage prepaid and registered.

Notice shall be given to the Surety, or any other person, by per sonal delivery to said Surety or other pe rson, or by depositing the same in the United S tates Mail, enclosed in a sealed envelope addressed to such Surety or persons at the addr ess of s aid Surety or persons last communicated to the party giving the notice, postage prepaid and registered.

Notification of Property Owners and Tenants - The Contractor shall notify each pr operty owner and/or tenant in the project area in writing five (5) working days prior to the start of construction.

If pedestrian or vehicular access to private property is to be blocked, the Contractor shall again notify each property owner and/or tenant in writing five (5) working day s prior to construction activities. The Contractor shall provide additional notices when a lapse time occurs during each phase/segment work.

The wr itten noti ce shall be submitted t o the Engineer for approval prior to bei ng delivered.

6-2 PROSECUTION OF THE WORK.

6-2.1 Contractor’s Responsibility for Work. Until th e formal acceptance of the work by the Agency, the Cont ractor shal l have the cha rge and care thereof and shall, subject to the insurance protection furnished in accordance with the Section 1-7.6 and 5-4 hereof, bear t he risk of accident, loss or damage to any part thereof by action of the elements or from any other cause, whether ar ising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and otherwise cor rect dam ages to any po rtion of the work occasioned by any of the above causes before its acceptance.

In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof.

6-3 TIME OF COMPLETION.

6-3.1 General. The contract time shall begin per the City ’s written notification. Work must be completed within working days specified for the project. In addition, the Contractor shal l notify the City 24 hours in advance of the actual commencement of work.

No work sh all be undertaken du ring the C ity’s holiday closures. It is the Contractor ’s responsibility to determine the City’s closure dates.

GP-13
6-9 LIQUDATED DAMAGES. The amount of liqu idated dam ages is hereby amended to one thousand dollars ($2000) for each consecutive calendar day.

SECTION 7 – MEASUREMENT AND PAYMENT

7-1 MEASUREMENT OF PAYMENT QUANTITIES FOR LUMP SUM PRICING.

7-1.2 Method of Measure. The quantities shown on the Bid Schedule are Lump Sum (LS) for the various items and tasks required to provide a comp lete remodel as designed. The measurement of payment shall be “percentage of work completed” for each Lump Sum (LS) bid item listed in the bid schedule . Invoiced work will re flect the percentage completed for each bid item for which work was completed and verified by the city’s representative prior to submission of the contractor’s progress payment.

7-3 PAYMENT.

7-3.2 Partial and Final Payment. The closure date for periodic progress payments will be the twenty-fifth day of each month . Authorization to pay is commonly received on the tenth day of the following month. Howev er, payments will be with held pending receipt of any outstanding reports required by the Contract Documents.

Final payment of all pr oject bid items shal l be considered full compensation for all labor, materials, tools, equipment, and incidentals for completion of the entire direct and indirect work specified and related to the project.

7-3.3 Delivered Materials . The City will NOT honor o r make any progress payments for materials or dered and delivered to the job site by the Contractor unless prior approv al is obtained from the Engineer.

7-4 PAYMENT FOR EXTRA WORK.

7-4.3 EXTRA WORK. When work is pe rformed on a "time and m aterials" basis, the following percentages shall be added to the Contractor's cost and shall constitute the mark up 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 m arkups provided for in this section, 1 percent shall be added as compensation for bonding.

When all or any part of the extra work is performed by a Subcontractor, the markup established above shall 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.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

8-2 FIELD OFFICE FAC ILITIES. The Contractor shall provide the class of field office GP-14
indicated below:

□ Class "A" □ Class "B" □ Class "C"

In the event none of the boxes are marked above, no specific field off ice will be r equired, and the use therefor of any field office will be at the Contractor's discretion. The location of any field office sh all be as provided on the plans , in thes e S pecifications or as designated by the Engineer.

END OF GENERAL PROVISIONS

TP - 1

TECHNICAL PROVISIONS

GTRANS DISPATCH REMODEL
PROJECT NO. JN 512

DIVISION 01 – GENERAL REQUIREMENTS
SECTION 01 10 00 – SUMMARY
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section Includes:

1. Project information.

2. Work covered by Contract Documents.

3. Work by Owner.

4. Owner-furnished products.

5. Access to site.

6. Coordination with occupants.

7. Work restrictions.

8. Specification and drawing conventions.

9. Miscellaneous provisions.

B. Related Requirements:

1. Section 01 50 00 "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities.

1.03 PROJECT INFORMATION
A. Project Identification: GTrans - Dispatch Remodel .

1. Project Location: 13999 S. Western Ave. Gardena, CA 90249 <.

TP - 2

B. Owner: GTrans 1. Owner's Representative: Ernie Crespo, Transit Director .

C. Architect: Stantec Architecture Inc., 801 S. Figueroa St., Suite 300, Los Angeles, CA, 90017 .

1.04 WORK COVERED BY CONTRACT DOCUMENTS
A. The Work of Project is defined by the Contract Documents and consists of the following:

1. Demolition of interior walls, ceilings, finishes.

2. New full height partitions, ceilings sliding glass windows, transaction counters, doors, glass storefront, glass doors, new finishes.

3. New coffee bar counter with upper and lower cabinets.

4. New lockers and upper cabinets.

5. Relocate existing Mailboxes, fire alarm annunciator panels.

6. New roller window shades.

7. New electric HVAC units and associated ductwork.

8. New LED lighting.

9. New elec/data receptacles.

10. Roofing alterations in accordance with current warranty requirements of existing roof.

11. Door hardware and card readers.

12. Temporary construction trailer and associated mech/elec connections. B. Type of Contract:

1. Project will be constructed under a single prime contract.

1.05 WORK BY OWNER
A. General: Cooperate fully with Owner so work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner.

1.06 OWNER-FURNISHED PRODUCTS
A. Owner will furnish products indicated. The Work includes receiving, unloading, handling, storing, protecting, and installing Owner-furnished products.

B. Owner-Furnished Products:

1. As indicated on drawings.

1.07 ACCESS TO SITE

TP - 3

A. General: Contractor shall have limited use of Project site for construction operations as indicated on Drawings by the Contract limits and as indicated by requirements of this Section.

B. Use of Site: Limit use of Project site to work in areas indicated. Do not disturb portions of Project site beyond areas in which the Work is indicated.

1. Limits: Confine construction operations to Project Area .

2. Driveways, Walkways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances by construction operations.
b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site.

C. Condition of Existing Building: Maintain portions of existing building affected by construction operations in a weathertight condition throughout construction period.

Repair damage caused by construction operations.

1.08 COORDINATION WITH OCCUPANTS
A. Partial Owner Occupancy: Owner will occupy the premises during entire construction period, with the exception of areas under construction. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations. Maintain existing exits unless otherwise indicated.

1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and authorities having jurisdiction.

2. Provide not less than one week notice to Owner of activities that will affect Owner's operations.

1.09 WORK RESTRICTIONS
A. Work Restrictions, General: Comply with restrictions on construction operations.

1. Comply with limitations on use of public streets and with other requirements of authorities having jurisdiction.

B. On-Site Work Hours: Limit work in the existing building to normal business working hours, Monday through Friday, unless otherwise indicated.

TP - 4

C. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after providing temporary utility services according to requirements indicated:

1. Notify Owner not less than 1 week in advance of proposed utility interruptions.

2. Obtain Owner's written permission before proceeding with utility interruptions.

D. Noise, Vibration, and Odors: Coordinate operations that may result in high levels of noise and vibration, odors, or other disruption to Owner occupancy with Owner.

1. Notify Owner not less than two days in advance of proposed disruptive operations.

2. Obtain Owner's written permission before proceeding with disruptive operations.

E. Controlled Substances: Use of tobacco products and other controlled substances on Project site is not permitted.

1.10 SPECIFICATION AND DRAWING CONVENTIONS
A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows:

1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase.

2. Specification requirements are to be performed by Contractor unless specifically stated otherwise.

B. Division 01 General Requirements: Requirements of Sections in Division 01 apply to the Work of all Sections in the Specifications.

C. Drawing Coordination: Requirements for materials and products identified on Drawings are described in detail in the Specifications. One or more of the following are used on Drawings to identify materials and products:

1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections.

2. Abbreviations: Materials and products are identified by abbreviations scheduled on Drawings.

PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01 10 00

TP - 5

SECTION 01 31 00 - PROJECT MANAGEMENT AND COORDINATION
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following:

1. General coordination procedures.

2. Requests for Information (RFIs).

3. Project meetings.

B. Related Requirements:

1. Section 01 73 00 "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points.

2. Section 01 77 00 "Closeout Procedures" for coordinating closeout of the Contract.

1.03 DEFINITIONS
A. RFI: Request from Owner, Architect, or Contractor seeking information required by or clarifications of the Contract Documents.

1.04 GENERAL COORDINATION PROCEDURES
A. Coordination: Each contractor shall coordinate its construction operations with those of other contractors and entities to ensure efficient and orderly installation of each part of the Work. Each contractor shall coordinate its operations with operations, included in different Sections, that depend on each other for proper installation, connection, and operation.

1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation.

TP - 6

2. Coordinate installation of different components with other contractors to ensure maximum performance and accessibility for required maintenance, service, and repair.

3. Make adequate provisions to accommodate items scheduled for later installation.

B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings.

1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required.

C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities[ and activities of other contractors] to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following:

1. Preparation of Contractor's construction schedule.

2. Preparation of the schedule of values.

3. Installation and removal of temporary facilities and controls.

4. Delivery and processing of submittals.

5. Progress meetings.

6. Preinstallation conferences.

7. Project closeout activities.

8. Startup and adjustment of systems.

D. Conservation: Coordinate construction activities to ensure that operations are carried out with consideration given to conservation of energy, water, and materials.

Coordinate use of temporary utilities to minimize waste.

1. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. See other Sections for disposition of salvaged materials that are designated as Owner's property.

1.05 REQUESTS FOR INFORMATION (RFIs)
A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified.

1. Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response.

2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors.

B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following:

1. Project name.

2. Project number.

TP - 7

3. Date.

4. Name of Contractor.

5. Name of Architect.

6. RFI number, numbered sequentially.

7. RFI subject.

8. Specification Section number and title and related paragraphs, as appropriate.

9. Drawing number and detail references, as appropriate.

10. Field dimensions and conditions, as appropriate.

11. Contractor's suggested resolution. If Contractor's suggested resolution impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI.

12. Contractor's signature.

13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation.
a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.

C. RFI Forms: .

1. Attachments shall be electronic files in Adobe Acrobat PDF format.

D. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day.

1. The following Contractor-generated RFIs will be returned without action:
a. Requests for approval of submittals.
b. Requests for approval of substitutions.
c. Requests for approval of Contractor's means and methods. d. Requests for coordination information already indicated in the Contract Documents.
e. Requests for adjustments in the Contract Time or the Contract Sum. f. Requests for interpretation of Architect's actions on submittals. g. Incomplete RFIs or inaccurately prepared RFIs.

2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information.

3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Section 01 26 00 "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response.

E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Use CSI Log Form 13.2B.

TP - 8

1. Project name.

2. Name and address of Contractor.

3. Name and address of Architect.

4. RFI number including RFIs that were returned without action or withdrawn.

5. RFI description.

6. Date the RFI was submitted.

7. Date Architect's response was received.

F. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response.

1. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate.

2. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate.

1.06 PROJECT MEETINGS
A. General: meetings and conferences at Project site unless otherwise indicated.

1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times.

2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees.

3. Minutes: Entity responsible for conducting meeting will record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner, Construction Manager, and Architect.

B. Preconstruction Conference: a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement.

1. Conduct the conference to review responsibilities and personnel assignments.

2. Attendees: Authorized representatives of Owner Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Discuss items of significance that could affect progress, including the following:
a. Tentative construction schedule.
b. Phasing.
c. Critical work sequencing and long-lead items.
d. Designation of key personnel and their duties.
e. Lines of communications.

TP - 9

f. Work restrictions.
g. Working hours.
h. Owner's occupancy requirements.
i. Responsibility for temporary facilities and controls. j. Procedures for disruptions and shutdowns.
k. Construction waste management and recycling.
l. Progress cleaning.

4. Minutes: Entity responsible for conducting meeting will record and distribute meeting minutes.

C. Project Closeout Conference: a project closeout conference, at a time convenient to Owner and Architect, but no later than 30 days prior to the scheduled date of Substantial Completion.

1. Conduct the conference to review requirements and responsibilities related to Project closeout.

2. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the meeting. Participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Discuss items of significance that could affect or delay Project closeout, including the following:
a. Preparation of record documents.
b. Procedures required prior to inspection for Substantial Completion and for final inspection for acceptance.
c. Requirements for preparing operations and maintenance data. d. Requirements for demonstration and training.
e. Preparation of Contractor's punch list.
f. Installation of Owner's furniture, fixtures, and equipment. g. Responsibility for removing temporary facilities and controls.

4. Minutes: Entity conducting meeting will record and distribute meeting minutes.

D. Progress Meetings: progress meetings at biweekly intervals.

1. Coordinate dates of meetings with preparation of payment requests.

2. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work.

3. Agenda: Review and correct or approve minutes of previous progress meeting.

Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project.
a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule.

TP - 10

Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time.
1) Review schedule for next period.
b. Review present and future needs of each entity present, including the following:
1) Sequence of operations.
2) Status of submittals.
3) Access.
4) Temporary facilities and controls.
5) Progress cleaning. 6) Status of RFIs.

4. Minutes: Entity responsible for conducting the meeting will record and distribute the meeting minutes to each party present and to parties requiring information. a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting.

PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01 31 00

TP - 11

SECTION 01 33 00 - SUBMITTAL PROCEDURES
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section Includes:

1. Submittal schedule requirements.

2. Administrative and procedural requirements for submittals. B. Related Requirements:

1. Section 01 31 00 "Project Management and Coordination" for submitting coordination drawings and subcontract list and for requirements for web-based Project software.

2. Section 01 40 00 "Quality Requirements" for submitting test and inspection reports, and schedule of tests and inspections.

3. Section 01 77 00 "Closeout Procedures" for submitting closeout submittals and maintenance material submittals.

1.03 DEFINITIONS
A. Action Submittals: Written and graphic information and physical samples that require Architect's[ and Construction Manager's] responsive action. Action submittals are those submittals indicated in individual Specification Sections as "action submittals." B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's[ and Construction Manager's] responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as "informational submittals."

1.04 SUBMITTAL SCHEDULE
A. Submittal Schedule: Submit, as an action submittal, a list of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates.

TP - 12

Include additional time required for making corrections or revisions to submittals noted by Architect[ and Construction Manager] and additional time for handling and reviewing submittals required by those corrections.

1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule.

2. Initial Submittal Schedule: Submit concurrently with startup construction schedule. Include submittals required during the first 60 days of construction. List those submittals required to maintain orderly progress of the Work and those required early because of long lead time for manufacture or fabrication.

3. Final Submittal Schedule: Submit concurrently with the first complete submittal of Contractor's construction schedule.
a. Submit revised submittal schedule as required to reflect changes in current status and timing for submittals.

4. Format: Arrange the following information in a tabular format:
a. Scheduled date for first submittal.
b. Specification Section number and title.
c. Submittal Category: Action; informational.
d. Name of subcontractor.
e. Description of the Work covered.
f. Scheduled date for Architect's[ and Construction Manager's] final release or approval.
g. Scheduled dates for purchasing.
h. Scheduled date of fabrication.
i. Scheduled dates for installation.
j. Activity or event number.

1.05 SUBMITTAL FORMATS
A. Submittal Information: Include the following information in each submittal:

1. Project name.

2. Date.

3. Name of Architect.

4. Name of Construction Manager.

5. Name of Contractor.

6. Name of firm or entity that prepared submittal.

7. Names of subcontractor, manufacturer, and supplier.

8. Unique submittal number, including revision identifier. Include Specification Section number with sequential alphanumeric identifier and alphanumeric suffix for resubmittals.

9. Category and type of submittal.

TP - 13

10. Submittal purpose and description.

11. Number and title of Specification Section, with paragraph number and generic name for each of multiple items.

12. Drawing number and detail references, as appropriate.

13. Indication of full or partial submittal.

14. Location(s) where product is to be installed, as appropriate.

15. Other necessary identification.

16. Remarks.

17. Signature of transmitter.

B. Options: Identify options requiring selection by Architect.

C. Deviations and Additional Information: On each submittal, clearly indicate deviations from requirements in the Contract Documents, including minor variations and limitations; include relevant additional information and revisions, other than those requested by Architect[ and Construction Manager] on previous submittals. Indicate by highlighting on each submittal or noting on attached separate sheet.

D. Electronic Submittals: Prepare submittals as PDF package, incorporating complete information into each PDF file. Name PDF file with submittal number.

E. Submittals Utilizing Web-Based Project Software: Prepare submittals as PDF files or other format indicated by Project management software.

1.06 SUBMITTAL PROCEDURES
A. Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections.

1. Web-Based Project Management Software: Prepare submittals in PDF form, and upload to web-based Project management software website. Enter required data in web-based software site to fully identify submittal.

B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.

2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule.

3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals.

TP - 14

4. Coordinate transmittal of submittals for related parts of the Work specified in different Sections, so processing will not be delayed because of need to review submittals concurrently for coordination.
a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received.

C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on [Architect's] [Construction Manager's] receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals.

1. Initial Review: Allow 15 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination.

2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal.

3. Resubmittal Review: Allow 15 days for review of each resubmittal.

4. Sequential Review: Where sequential review of submittals by Architect's consultants, Owner, or other parties is indicated, allow 21 days for initial review of each submittal.
a. .

D. Resubmittals: Make resubmittals in same form and number of copies as initial submittal.

1. Note date and content of previous submittal.

2. Note date and content of revision in label or title block, and clearly indicate extent of revision.

3. Resubmit submittals until they are marked with approval notation from Architect's action stamp.

E. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms.

F. Use for Construction: Retain complete copies of submittals on Project site. Use only final action submittals that are marked with approval notation from Architect's[ and Construction Manager's] action stamp.

1.07 SUBMITTAL REQUIREMENTS

TP - 15

A. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment.

1. If information must be specially prepared for submittal because standard published data are unsuitable for use, submit as Shop Drawings, not as Product Data.

2. Mark each copy of each submittal to show which products and options are applicable.

3. Include the following information, as applicable:
a. Manufacturer's catalog cuts.
b. Manufacturer's product specifications.
c. Standard color charts.
d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency.
f. Application of testing agency labels and seals.
g. Notation of coordination requirements.
h. Availability and delivery time information.

4. For equipment, include the following in addition to the above, as applicable:
a. Wiring diagrams that show factory-installed wiring.
b. Printed performance curves.
c. Operational range diagrams.
d. Clearances required to other construction, if not indicated on accompanying Shop Drawings.

5. Submit Product Data before Shop Drawings, and before or concurrently with Samples.

B. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data.

1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable:
a. Identification of products.
b. Schedules.
c. Compliance with specified standards.
d. Notation of coordination requirements.
e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified.

TP - 16

2. Paper Sheet Size: Except for templates, patterns, and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches, but no larger than 30 by 42 inches.

3. Submit Shop Drawings in the following format: PDF electronic file.

C. Samples: Submit Samples for review of type, color, pattern, and texture for a check of these characteristics with other materials.

1. Transmit Samples that contain multiple, related components, such as accessories together in one submittal package.

2. Identification: Permanently attach label on unexposed side of Samples that includes the following:
a. Project name and submittal number.
b. Generic description of Sample.
c. Product name and name of manufacturer.
d. Sample source.
e. Number and title of applicable Specification Section. f. Specification paragraph number and generic name of each item.

3. Web-Based Project Management Software: Prepare submittals in PDF form, and upload to web-based Project software website. Enter required data in web-based software site to fully identify submittal.

4. Disposition: Maintain sets of approved Samples at Project site, available for quality-control comparisons throughout the course of construction activity.

Sample sets may be used to determine final acceptance of construction associated with each set.
a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use.
b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor.

5. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units, showing the full range of colors, textures, and patterns available.
a. Number of Samples: Submit one full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return submittal with options selected.

6. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples

TP - 17

include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit three sets of Samples. Architect will retain two Sample sets; remainder will be returned.
1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated.
2) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least [three] <Insert number> sets of paired units that show approximate limits of variations.

D. Product Schedule: As required in individual Specification Sections, prepare a written summary indicating types of products required for the Work and their intended location. Include the following information in tabular form:

1. Type of product. Include unique identifier for each product indicated in the Contract Documents or assigned by Contractor if none is indicated.

2. Manufacturer and product name, and model number if applicable.

3. Number and name of room or space.

4. Location within room or space.

E. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified.

F. Design Data: Prepare and submit written and graphic information indicating compliance with indicated performance and design criteria in individual Specification Sections. Include list of assumptions and summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations.

Number each page of submittal.

G. Certificates:

1. Certificates and Certifications Submittals: Submit a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. Provide a notarized signature where indicated.

2. Installer Certificates: Submit written statements on manufacturer's letterhead, certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project.

TP - 18

3. Manufacturer Certificates: Submit written statements on manufacturer's letterhead, certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required.

4. Material Certificates: Submit written statements on manufacturer's letterhead, certifying that material complies with requirements in the Contract Documents.

5. Product Certificates: Submit written statements on manufacturer's letterhead, certifying that product complies with requirements in the Contract Documents.

6. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of AWS B2.1/B2.1M on AWS forms. Include names of firms and personnel certified. H. Test and Research Reports:

1. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for substrate preparation and primers required.

2. Field Test Reports: Submit written reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents.

3. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents.

4. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents.

5. Product Test Reports: Submit written reports indicating that current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency.

6. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information:
a. Name of evaluation organization.
b. Date of evaluation.
c. Time period when report is in effect.
d. Product and manufacturers' names.
e. Description of product.
f. Test procedures and results.
g. Limitations of use.

TP - 19

1.08 DELEGATED-DESIGN SERVICES
A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated.

1. If criteria indicated are insufficient to perform services or certification required, submit a written request for additional information to Architect.

B. Delegated-Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit digitally signed PDF file paper copies of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional.

1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services.

PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION 01 33 00

TP - 20

SECTION 01 40 00 - QUALITY REQUIREMENTS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section includes administrative and procedural requirements for quality assurance and quality control.

B. Testing and inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve Contractor of responsibility for compliance with the Contract Document requirements.

1. Specific quality-assurance and -control requirements for individual construction activities are specified in the Sections that specify those activities. Requirements in those Sections may also cover production of standard products.

2. Specified tests, inspections, and related actions do not limit Contractor's other quality-assurance and -control procedures that facilitate compliance with the Contract Document requirements.

3. Requirements for Contractor to provide quality-assurance and -control services required by Architect, Owner, or authorities having jurisdiction are not limited by provisions of this Section.

4. Specific test and inspection requirements are not specified in this Section.

1.03 DEFINITIONS
A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and substantiate that proposed construction will comply with requirements.

B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that actual products incorporated into the Work and completed construction comply with requirements. Services do not include contract enforcement activities performed by Architect.

C. Mockups: Full-size physical assemblies that are constructed on-site. Mockups are constructed to verify selections made under Sample submittals; to demonstrate aesthetic effects and, where indicated, qualities of materials and execution; to review coordination, testing, or operation; to show interface between dissimilar materials; and

TP - 21

to demonstrate compliance with specified installation tolerances. Mockups are not Samples. Unless otherwise indicated, approved mockups establish the standard by which the Work will be judged.

1. Integrated Exterior Mockups: Mockups of the exterior envelope erected separately from the building but on Project site, consisting of multiple products, assemblies, and subassemblies.

D. Product Testing: Tests and inspections that are performed by an NRTL, an NVLAP, or a testing agency qualified to conduct product testing and acceptable to authorities having jurisdiction, to establish product performance and compliance with specified requirements.

E. Source Quality-Control Testing: Tests and inspections that are performed at the source, e.g., plant, mill, factory, or shop.

F. Field Quality-Control Testing: Tests and inspections that are performed on-site for installation of the Work and for completed Work.

G. Testing Agency: An entity engaged to perform specific tests, inspections, or both.

Testing laboratory shall mean the same as testing agency.

H. Installer/Applicator/Erector: Contractor or another entity engaged by Contractor as an employee, Subcontractor, or Sub-subcontractor, to perform a particular construction operation, including installation, erection, application, and similar operations.

1. Use of trade-specific terminology in referring to a trade or entity does not require that certain construction activities be performed by accredited or unionized individuals, or that requirements specified apply exclusively to specific trade(s).

I. Experienced: When used with an entity or individual, "experienced" means having successfully completed a minimum of [five] <Insert number> previous projects similar in nature, size, and extent to this Project; being familiar with special requirements indicated; and having complied with requirements of authorities having jurisdiction.

1.04 CONFLICTING REQUIREMENTS
A. Referenced Standards: If compliance with two or more standards is specified and the standards establish different or conflicting requirements for minimum quantities or quality levels, comply with the most stringent requirement. Refer conflicting requirements that are different, but apparently equal, to Architect for a decision before proceeding.

B. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values

TP - 22

are minimum or maximum, as appropriate, for the context of requirements. Refer uncertainties to Architect for a decision before proceeding.

1.05 ACTION SUBMITTALS
A. Shop Drawings: For [integrated exterior] [laboratory] mockups, provide plans, sections, and elevations, indicating materials and size of mockup construction.

1. Indicate manufacturer and model number of individual components.

2. Provide axonometric drawings for conditions difficult to illustrate in two dimensions.

1.06 INFORMATIONAL SUBMITTALS
A. Qualification Data : For Contractor's quality-control personnel.

B. Testing Agency Qualifications: For testing agencies specified in "Quality Assurance" Article to demonstrate their capabilities and experience. Include proof of qualifications in the form of a recent report on the inspection of the testing agency by a recognized authority.

1.07 REPORTS AND DOCUMENTS
A. Manufacturer's Technical Representative's Field Reports: Prepare written information documenting manufacturer's technical representative's tests and inspections specified in other Sections. Include the following:

1. Name, address, and telephone number of technical representative making report.

2. Statement on condition of substrates and their acceptability for installation of product.

3. Statement that products at Project site comply with requirements.

4. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken.

5. Results of operational and other tests and a statement of whether observed performance complies with requirements.

6. Statement whether conditions, products, and installation will affect warranty.

7. Other required items indicated in individual Specification Sections.

B. Factory-Authorized Service Representative's Reports: Prepare written information documenting manufacturer's factory-authorized service representative's tests and inspections specified in other Sections. Include the following:

1. Name, address, and telephone number of factory-authorized service representative making report.

2. Statement that equipment complies with requirements.

3. Results of operational and other tests and a statement of whether observed performance complies with requirements.

TP - 23

4. Statement whether conditions, products, and installation will affect warranty.

5. Other required items indicated in individual Specification Sections.

C. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work.

1.08 QUALITY ASSURANCE
A. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

B. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units.

C. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance.

D. Professional Engineer Qualifications: A professional engineer who is legally qualified to practice in jurisdiction where Project is located and who is experienced in providing engineering services of the kind indicated. Engineering services are defined as those performed for installations of the system, assembly, or product that are similar in material, design, and extent to those indicated for this Project.

E. Specialists: Certain Specification Sections require that specific construction activities shall be performed by entities who are recognized experts in those operations.

Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated.

1. Requirements of authorities having jurisdiction shall supersede requirements for specialists.

F. Testing Agency Qualifications: An NRTL, an NVLAP, or an independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to [ASTM E 329] <Insert standard>; and with additional qualifications specified in individual Sections; and, where required by authorities having jurisdiction, that is acceptable to authorities.

1. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7.

2. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program.

TP - 24

G. Manufacturer's Technical Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to observe and inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

H. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project.

I. Preconstruction Testing: Where testing agency is indicated to perform preconstruction testing for compliance with specified requirements for performance and test methods, comply with the following:

1. Contractor responsibilities include the following:
a. Provide test specimens representative of proposed products and construction.
b. Submit specimens in a timely manner with sufficient time for testing and analyzing results to prevent delaying the Work.
c. Provide sizes and configurations of test assemblies, mockups, and laboratory mockups to adequately demonstrate capability of products to comply with performance requirements.
d. Build site-assembled test assemblies and mockups using installers who will perform same tasks for Project.
e. Build laboratory mockups at testing facility using personnel, products, and methods of construction indicated for the completed Work. f. When testing is complete, remove test specimens, assemblies, [and ]mockups[, and laboratory mockups]; do not reuse products on Project.

2. Testing Agency Responsibilities: Submit a certified written report of each test, inspection, and similar quality-assurance service to Architect, with copy to Contractor. Interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from the Contract Documents.

J. Mockups: Before installing portions of the Work requiring mockups, build mockups for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work:

1. Build mockups in location and of size indicated or, if not indicated, as directed by Architect.

2. Notify Architect days in advance of dates and times when mockups will be constructed.

3. Employ supervisory personnel who will oversee mockup construction. Employ workers that will be employed during the construction at Project.

4. Demonstrate the proposed range of aesthetic effects and workmanship.

5. Obtain Architect's approval of mockups before starting work, fabrication, or construction.
a. Allow [seven] <Insert number> days for initial review and each re-review of each mockup.

TP - 25

6. Maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work.

7. Demolish and remove mockups when directed unless otherwise indicated.

1.09 QUALITY CONTROL
A. Contractor Responsibilities: Tests and inspections not explicitly assigned to Owner are Contractor's responsibility. Perform additional quality-control activities required to verify that the Work complies with requirements, whether specified or not.

1. Unless otherwise indicated, provide quality-control services specified and those required by authorities having jurisdiction. Perform quality-control services required of Contractor by authorities having jurisdiction, whether specified or not.

2. Where services are indicated as Contractor's responsibility, engage a qualified testing agency to perform these quality-control services. a. Contractor shall not employ same entity engaged by Owner, unless agreed to in writing by Owner.

3. Notify testing agencies at least [24] <Insert number> hours in advance of time when Work that requires testing or inspecting will be performed.

4. Where quality-control services are indicated as Contractor's responsibility, submit a certified written report, in duplicate, of each quality-control service.

5. Testing and inspecting requested by Contractor and not required by the Contract Documents are Contractor's responsibility.

6. Submit additional copies of each written report directly to authorities having jurisdiction, when they so direct.

B. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing as specified in Section 01 33 00 "Submittal Procedures."
C. Manufacturer's Technical Services: Where indicated, engage a manufacturer's technical representative to observe and inspect the Work. Manufacturer's technical representative's services include participation in preinstallation conferences, examination of substrates and conditions, verification of materials, observation of Installer activities, inspection of completed portions of the Work, and submittal of written reports.

D. Retesting/Reinspecting: Regardless of whether original tests or inspections were Contractor's responsibility, provide quality-control services, including retesting and reinspecting, for construction that replaced Work that failed to comply with the Contract Documents.

E. Testing Agency Responsibilities: Cooperate with Architect and Contractor in performance of duties. Provide qualified personnel to perform required tests and inspections.

1. Notify Architect and Contractor promptly of irregularities or deficiencies observed in the Work during performance of its services.

TP - 26

2. Determine the location from which test samples will be taken and in which in-situ tests are conducted.

3. Conduct and interpret tests and inspections and state in each report whether tested and inspected work complies with or deviates from requirements.

4. Submit a certified written report, in duplicate, of each test, inspection, and similar quality-control service through Contractor.

5. Do not release, revoke, alter, or increase the Contract Document requirements or approve or accept any portion of the Work.

6. Do not perform any duties of Contractor.

F. Associated Services: Cooperate with agencies performing required tests, inspections, and similar quality-control services, and provide reasonable auxiliary services as requested. Notify agency sufficiently in advance of operations to permit assignment of personnel. Provide the following:

1. Access to the Work.

2. Incidental labor and facilities necessary to facilitate tests and inspections.

3. Adequate quantities of representative samples of materials that require testing and inspecting. Assist agency in obtaining samples.

4. Facilities for storage and field curing of test samples.

5. Delivery of samples to testing agencies.

6. Preliminary design mix proposed for use for material mixes that require control by testing agency.

7. Security and protection for samples and for testing and inspecting equipment at Project site.

G. Coordination: Coordinate sequence of activities to accommodate required quality- assurance and -control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. 1.

Schedule times for tests, inspections, obtaining samples, and similar activities.

1.10 SPECIAL TESTS AND INSPECTIONS
A. Special Tests and Inspections: Conducted by a qualified special inspector as required by authorities having jurisdiction, as indicated in individual Specification Sections, and as follows:

1. Verifying that manufacturer maintains detailed fabrication and quality-control procedures and reviews the completeness and adequacy of those procedures to perform the Work.

2. Notifying Architect and Contractor promptly of irregularities and deficiencies observed in the Work during performance of its services.

3. Submitting a certified written report of each test, inspection, and similar quality- control service to Architect with copy to Contractor and to authorities having jurisdiction.

4. Submitting a final report of special tests and inspections at Substantial Completion, which includes a list of unresolved deficiencies.

TP - 27

5. Interpreting tests and inspections and stating in each report whether tested and inspected work complies with or deviates from the Contract Documents.

6. Retesting and reinspecting corrected work.

7. <Insert requirements>.

PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION

3.01 TEST AND INSPECTION LOG
A. Test and Inspection Log: Prepare a record of tests and inspections. Include the following:

1. Date test or inspection was conducted.

2. Description of the Work tested or inspected.

3. Date test or inspection results were transmitted to Architect.

4. Identification of testing agency or special inspector conducting test or inspection.

B. Maintain log at Project site. Post changes and revisions as they occur. Provide access to test and inspection log for Architect's reference during normal working hours.

3.02 REPAIR AND PROTECTION
A. General: On completion of testing, inspecting, sample taking, and similar services, repair damaged construction and restore substrates and finishes.

1. Provide materials and comply with installation requirements specified in other Specification Sections or matching existing substrates and finishes. Restore patched areas and extend restoration into adjoining areas with durable seams that are as invisible as possible. Comply with the Contract Document requirements for cutting and patching in Section 01 73 00 "Execution." B. Protect construction exposed by or for quality- control service activities.

C. Repair and protection are Contractor's responsibility, regardless of the assignment of responsibility for quality-control services.

END OF SECTION 01 40 00

TP - 28

SECTION 01 50 00 - TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section includes requirements for temporary utilities, support facilities, and security and protection facilities.

B. Related Requirements:

1. Section 01 10 00 "Summary" for work restrictions and limitations on utility interruptions.

1.03 USE CHARGES
A. Sewer Service: Owner will pay sewer-service use charges for sewer usage by all entities for construction operations.

B. Water Service: Owner will pay water-service use charges for water used by all entities for construction operations.

C. Electric Power Service: Owner will pay electric-power-service use charges for electricity used by all entities for construction operations.

D. Water and Sewer Service from Existing System: Water from Owner's existing water system is available for use without metering and without payment of use charges.

Provide connections and extensions of services as required for construction operations.

E. Electric Power Service from Existing System: Electric power from Owner's existing system is available for use without metering and without payment of use charges.

Provide connections and extensions of services as required for construction operations.

1.04 INFORMATIONAL SUBMITTALS

TP - 29

A. Site Plan: Show temporary facilities, utility hookups, staging areas, and parking areas for construction personnel.

B. Fire-Safety Program: Show compliance with requirements of NFPA 241 and authorities having jurisdiction. Indicate Contractor personnel responsible for management of fire-prevention program.

C. Dust- and HVAC-Control Plan: Submit coordination drawing and narrative that indicates the dust- and HVAC-control measures proposed for use, proposed locations, and proposed time frame for their operation. Identify further options if proposed measures are later determined to be inadequate. Include the following:

1. Locations of dust-control partitions at each phase of work.

2. HVAC system isolation schematic drawing.

3. Location of proposed air-filtration system discharge.

4. Waste handling procedures.

5. Other dust-control measures.

1.05 QUALITY ASSURANCE
A. Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service. Install service to comply with NFPA 70.

B. Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility before use. Obtain required certifications and permits.

C. Accessible Temporary Egress: Comply with applicable provisions in the U.S.

Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines and ICC/ANSI A117.1.

1.06 PROJECT CONDITIONS
A. Temporary Use of Permanent Facilities: Engage Installer of each permanent service to assume responsibility for operation, maintenance, and protection of each permanent service during its use as a construction facility before Owner's acceptance, regardless of previously assigned responsibilities.

PART 2 - PRODUCTS

2.01 MATERIALS
A. Polyethylene Sheet: Reinforced, fire-resistive sheet, 10-mil minimum thickness, with flame-spread rating of 15 or less per ASTM E 84 and passing NFPA 701 Test Method

2. TP - 30

B. Dust-Control Adhesive-Surface Walk-off Mats: Provide mats minimum 36 by 60 inches.

C. Insulation: Unfaced mineral-fiber blanket, manufactured from glass, slag wool, or rock wool; with maximum flame-spread and smoke-developed indexes of 25 and 50, respectively.

2.02 TEMPORARY FACILITIES
A. Field Offices, General: Prefabricated or mobile units with serviceable finishes, temperature controls, and foundations adequate for normal loading.

B. Common-Use Field Office: Of sufficient size to accommodate needs of Owner, Architect[, Construction Manager], and construction personnel office activities and to accommodate Project meetings specified in other Division 01 Sections. Keep office clean and orderly. Furnish and equip offices as follows:

1. Furniture required for Project-site documents including file cabinets, plan tables, plan racks, and bookcases.

2. Conference room of sufficient size to accommodate meetings of 10 individuals.

Provide electrical power service and 120-V ac duplex receptacles, with no fewer than one receptacle on each wall. Furnish room with conference table, chairs, and 4-foot- square tack and marker boards.

3. Drinking water and private toilet.

4. Coffee machine and supplies.

5. Heating and cooling equipment necessary to maintain a uniform indoor temperature of 68 to 72 deg F.

6. Lighting fixtures capable of maintaining average illumination of 20 fc at desk height.

2.03 EQUIPMENT
A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures.

B. HVAC Equipment: Unless Owner authorizes use of permanent HVAC system, provide vented, self-contained, liquid-propane-gas or fuel-oil heaters with individual space thermostatic control.

1. Use of gasoline-burning space heaters, open-flame heaters, or salamander-type heating units is prohibited.

2. Heating Units: Listed and labeled for type of fuel being consumed, by a qualified testing agency acceptable to authorities having jurisdiction, and marked for intended location and application.

TP - 31

3. Permanent HVAC System: If Owner authorizes use of permanent HVAC system for temporary use during construction, provide filter with MERV of 8 at each return-air grille in system and remove at end of construction[ and clean HVAC system as required in Section 01 77 00 "Closeout Procedures"].

PART 3 - EXECUTION

3.01 INSTALLATION, GENERAL
A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required by progress of the Work.

1. Locate facilities to limit site disturbance as specified in Section 01 10 00 "Summary."
B. Provide each facility ready for use when needed to avoid delay. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities.

3.02 TEMPORARY UTILITY INSTALLATION
A. General: Install temporary service or connect to existing service.

1. Arrange with utility company, Owner, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. B.

Sewers and Drainage: Provide temporary utilities to remove effluent lawfully.

1. Connect temporary sewers to [municipal system] [private system indicated] as directed by authorities having jurisdiction.

C. Water Service: Connect to Owner's existing water service facilities. Clean and maintain water service facilities in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use.

D. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities.

E. Heating and Cooling: Provide temporary heating[ and cooling] required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of low temperatures or high humidity.

TP - 32

Select equipment that will not have a harmful effect on completed installations or elements being installed.

F. Isolation of Work Areas in Occupied Facilities: Prevent dust, fumes, and odors from entering occupied areas.

1. Prior to commencing work, isolate the HVAC system in area where work is to be performed according to coordination drawings.
a. Disconnect supply and return ductwork in work area from HVAC systems servicing occupied areas.
b. Maintain negative air pressure within work area using HEPA-equipped air- filtration units, starting with commencement of temporary partition construction, and continuing until removal of temporary partitions is complete.

2. Maintain dust partitions during the Work. Use vacuum collection attachments on dust-producing equipment. Isolate limited work within occupied areas using portable dust-containment devices.

3. Perform daily construction cleanup and final cleanup using approved, HEPA- filter-equipped vacuum equipment.

G. Ventilation and Humidity Control: Provide temporary ventilation required by construction activities for curing or drying of completed installations or for protecting installed construction from adverse effects of high humidity. Select equipment that will not have a harmful effect on completed installations or elements being installed.

Coordinate ventilation requirements to produce ambient condition required and minimize energy consumption.

1. Provide dehumidification systems when required to reduce substrate moisture levels to level required to allow installation or application of finishes.

H. Electric Power Service: Connect to Owner's existing electric power service. Maintain equipment in a condition acceptable to Owner.

I. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations, observations, inspections, and traffic conditions.

1. Install and operate temporary lighting that fulfills security and protection requirements without operating entire system.

3.03 SUPPORT FACILITIES INSTALLATION
A. General: Comply with the following:

TP - 33

1. Provide construction for temporary offices, shops, and sheds located within construction area or within 30 feet of building lines that is noncombustible according to ASTM E 136. Comply with NFPA 241.

2. Maintain support facilities until Architect schedules Substantial Completion inspection. Remove before Substantial Completion. Personnel remaining after Substantial Completion will be permitted to use permanent facilities, under conditions acceptable to Owner.

B. Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted.

1. Identification Signs: Provide Project identification signs as indicated on Drawings.

2. Temporary Signs: Provide other signs as indicated and as required to inform public and individuals seeking entrance to Project.
a. Provide temporary, directional signs for construction personnel and visitors.

3. Maintain and touchup signs so they are legible at all times.

C. Waste Disposal Facilities: Comply with requirements specified in Section 01 74 19 "Construction Waste Management and Disposal."

3.04 OPERATION, TERMINATION, AND REMOVAL
A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B.

Maintenance: Maintain facilities in good operating condition until removal.

1. Maintain operation of temporary enclosures, heating, cooling, humidity control, ventilation, and similar facilities on a 24-hour basis where required to achieve indicated results and to avoid possibility of damage.

C. Temporary Facility Changeover: Do not change over from using temporary security and protection facilities to permanent facilities until Substantial Completion.

D. Termination and Removal: Remove each temporary facility when need for its service has ended, when it has been replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired.

TP - 34

1. Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves right to take possession of Project identification signs.

2. At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply with final cleaning requirements specified in Section 01 77 00 "Closeout Procedures."
END OF SECTION 01 50 00

TP - 35

SECTION 01 60 00 - PRODUCT REQUIREMENTS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products.

1.03 DEFINITIONS
A. Products: Items obtained for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.

1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents.

2. New Products: Items that have not previously been incorporated into another project or facility. Products salvaged or recycled from other projects are not considered new products.

3. Comparable Product: Product that is demonstrated and approved through submittal process to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product.

B. Basis-of-Design Product Specification: A specification in which a specific manufacturer's product is named and accompanied by the words "basis-of-design product," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of additional manufacturers named in the specification.

1.04 ACTION SUBMITTALS

TP - 36

A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles.

1. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Architect will notify Contractor[ through Construction Manager] of approval or rejection of proposed comparable product request within 15days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later.
a. Form of Approval: As specified in Section 01 33 00 "Submittal Procedures."
b. Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated.

B. Basis-of-Design Product Specification Submittal: Comply with requirements in Section 01 33 00 "Submittal Procedures." Show compliance with requirements.

1.05 QUALITY ASSURANCE
A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, select product compatible with products previously selected, even if previously selected products were also options.

1. Each contractor is responsible for providing products and construction methods compatible with products and construction methods of other contractors.

1.06 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions.

B. Delivery and Handling:

1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces.

2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses.

3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing.

4. Inspect products on delivery to determine compliance with the Contract Documents and to determine that products are undamaged and properly protected.

TP - 37

C. Storage:

1. Store products to allow for inspection and measurement of quantity or counting of units.

2. Store materials in a manner that will not endanger Project structure.

3. Store products that are subject to damage by the elements, under cover in a weathertight enclosure above ground, with ventilation adequate to prevent condensation.

4. Protect foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment.

5. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage.

6. Protect stored products from damage and liquids from freezing.

7. Provide a secure location and enclosure at Project site for storage of materials and equipment by Owner's construction forces. Coordinate location with Owner.

1.07 PRODUCT WARRANTIES
A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents.

1. Manufacturer's Warranty: Written warranty furnished by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner.

2. Special Warranty: Written warranty required by the Contract Documents to provide specific rights for Owner.

B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution.

1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed.

2. Specified Form: When specified forms are included with the Specifications, prepare a written document using indicated form properly executed.

3. See other Sections for specific content requirements and particular requirements for submitting special warranties.

C. Submittal Time: Comply with requirements in Section 01 77 00 "Closeout Procedures." PART 2 - PRODUCTS

2.01 PRODUCT SELECTION PROCEDURES
A. General Product Requirements: Provide products that comply with the Contract Documents, are undamaged and, unless otherwise indicated, are new at time of installation.

TP - 38

1. Provide products complete with accessories, trim, finish, fasteners, and other items needed for a complete installation and indicated use and effect.

2. Standard Products: If available, and unless custom products or nonstandard options are specified, provide standard products of types that have been produced and used successfully in similar situations on other projects.

3. Owner reserves the right to limit selection to products with warranties not in conflict with requirements of the Contract Documents.

4. Where products are accompanied by the term "as selected," Architect will make selection.

5. Descriptive, performance, and reference standard requirements in the Specifications establish salient characteristics of products.

6. Or Equal: For products specified by name and accompanied by the term "or equal," or "or approved equal," or "or approved," comply with requirements in "Comparable Products" Article to obtain approval for use of an unnamed product.

B. Product Selection Procedures:

1. Product: Where Specifications name a single manufacturer and product, provide the named product that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered.

2. Manufacturer/Source: Where Specifications name a single manufacturer or source, provide a product by the named manufacturer or source that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered.

3. Products:
a. Restricted List: Where Specifications include a list of names of both manufacturers and products, provide one of the products listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered[ unless otherwise indicated].
b. Nonrestricted List: Where Specifications include a list of names of both available manufacturers and products, provide one of the products listed, or an unnamed product, that complies with requirements. Comply with requirements in "Comparable Products" Article for consideration of an unnamed product.

4. Manufacturers:
a. Restricted List: Where Specifications include a list of manufacturers' names, provide a product by one of the manufacturers listed that complies with requirements. Comparable products or substitutions for Contractor's convenience will not be considered[ unless otherwise indicated]. b. Nonrestricted List: Where Specifications include a list of available manufacturers, provide a product by one of the manufacturers listed, or a product by an unnamed manufacturer, that complies with requirements.

Comply with requirements in "Comparable Products" Article for consideration of an unnamed manufacturer's product.

5. Basis-of-Design Product: Where Specifications name a product, or refer to a product indicated on Drawings, and include a list of manufacturers, provide the

TP - 39

specified or indicated product or a comparable product by one of the other named manufacturers. Drawings and Specifications indicate sizes, profiles, dimensions, and other characteristics that are based on the product named.

Comply with requirements in "Comparable Products" Article for consideration of an unnamed product by one of the other named manufacturers.

C. Visual Matching Specification: Where Specifications require "match Architect's sample", provide a product that complies with requirements and matches Architect's sample. Architect's decision will be final on whether a proposed product matches.

D. Visual Selection Specification: Where Specifications include the phrase "as selected by Architect from manufacturer's full range" or similar phrase, select a product that complies with requirements. Architect will select color, gloss, pattern, density, or texture from manufacturer's product line that includes both standard and premium items.

2.02 COMPARABLE PRODUCTS
A. Conditions for Consideration: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect may return requests without action, except to record noncompliance with these requirements:

1. Evidence that the proposed product does not require revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work.

2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated.

3. Evidence that proposed product provides specified warranty.

4. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested.

5. Samples, if requested.

PART 3 - EXECUTION (Not Used)
END OF SECTION 01 60 00

TP - 40

SECTION 01 73 00 - EXECUTION
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following:

1. Construction layout.

2. Field engineering and surveying.

3. Installation of the Work.

4. Cutting and patching.

5. Coordination of Owner-installed products.

6. Progress cleaning.

7. Starting and adjusting.

8. Protection of installed construction. B. Related Requirements:

1. Section 01 10 00 "Summary" for limits on use of Project site.

2. Section 01 33 00 "Submittal Procedures" for submitting surveys.

3. Section 01 77 00 "Closeout Procedures" for submitting final property survey with Project Record Documents, recording of Owner-accepted deviations from indicated lines and levels, and final cleaning.

4. Section 02 41 19 "Selective Demolition" for demolition and removal of selected portions of the building.

1.03 DEFINITIONS
A. Cutting: Removal of in-place construction necessary to permit installation or performance of other work.

B. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work.

1.04 INFORMATIONAL SUBMITTALS
A. Qualification Data: For professional engineer.

TP - 41

B. Certificates: Submit certificate signed by professional engineer certifying that location and elevation of improvements comply with requirements.

C. Cutting and Patching Plan: Submit plan describing procedures at least 10 days prior to the time cutting and patching will be performed. Include the following information:

1. Extent: Describe reason for and extent of each occurrence of cutting and patching.

2. Changes to In-Place Construction: Describe anticipated results. Include changes to structural elements and operating components as well as changes in building appearance and other significant visual elements.

3. Products: List products to be used for patching and firms or entities that will perform patching work.

4. Dates: Indicate when cutting and patching will be performed.

5. Utilities and Mechanical and Electrical Systems: List services and systems that cutting and patching procedures will disturb or affect. List services and systems that will be relocated and those that will be temporarily out of service. Indicate length of time permanent services and systems will be disrupted. a. Include description of provisions for temporary services and systems during interruption of permanent services and systems.

1.05 QUALITY ASSURANCE
A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements.

1. Structural Elements: When cutting and patching structural elements, notify Architect of locations and details of cutting and await directions from Architect before proceeding. Shore, brace, and support structural elements during cutting and patching. Do not cut and patch structural elements in a manner that could change their load-carrying capacity or increase deflection

2. Operational Elements: Do not cut and patch operating elements and related components in a manner that results in reducing their capacity to perform as intended or that results in increased maintenance or decreased operational life or safety. Operational elements include the following:
a. Primary operational systems and equipment.
b. Fire separation assemblies.
c. Air or smoke barriers.
d. Fire-suppression systems.
e. Mechanical systems piping and ducts.
f. Control systems.
g. Communication systems.
h. Fire-detection and -alarm systems.
i. Conveying systems.

TP - 42

j. Electrical wiring systems.
k. Operating systems of special construction.

3. Other Construction Elements: Do not cut and patch other construction elements or components in a manner that could change their load-carrying capacity, that results in reducing their capacity to perform as intended, or that results in increased maintenance or decreased operational life or safety.[ Other construction elements include but are not limited to the following:] a. Water, moisture, or vapor barriers.
b. Membranes and flashings.
c. Equipment supports.
d. Piping, ductwork, vessels, and equipment.
e. Noise- and vibration-control elements and systems.

4. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner.

B. Cutting and Patching Conference: Before proceeding, meet at Project site with parties involved in cutting and patching, including mechanical and electrical trades. Review areas of potential interference and conflict. Coordinate procedures and resolve potential conflicts before proceeding.

C. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products and equipment.

PART 2 - PRODUCTS

2.01 MATERIALS
A. General: Comply with requirements specified in other Sections.

B. In-Place Materials: Use materials for patching identical to in-place materials. For exposed surfaces, use materials that visually match in-place adjacent surfaces to the fullest extent possible.

1. If identical materials are unavailable or cannot be used, use materials that, when installed, will provide a match acceptable to Architect for the visual and functional performance of in-place materials.

PART 3 - EXECUTION

TP - 43

3.01 EXAMINATION
A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities,[ mechanical and electrical systems,] and other construction affecting the Work.

1. Before construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water-service piping; underground electrical services, and other utilities.

2. Furnish location data for work related to Project that must be performed by public utilities serving Project site.

B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations.

1. Examine roughing-in for mechanical and electrical systems to verify actual locations of connections before equipment and fixture installation.

2. Examine walls, floors, and roofs for suitable conditions where products and systems are to be installed.

3. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers.

C. Written Report: Where a written report listing conditions detrimental to performance of the Work is required by other Sections, include the following:

1. Description of the Work.

2. List of detrimental conditions, including substrates.

3. List of unacceptable installation tolerances.

4. Recommended corrections.

D. Proceed with installation only after unsatisfactory conditions have been corrected.

Proceeding with the Work indicates acceptance of surfaces and conditions.

3.02 PREPARATION
A. Existing Utility Information: Furnish information to Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction.

B. Field Measurements: Take field measurements as required to fit the Work properly.

Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field

TP - 44

measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work.

C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings.

D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Architect according to requirements in Section 01 31 00 "Project Management and Coordination."

3.03 CONSTRUCTION LAYOUT
A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly.

B. General: Engage a to lay out the Work using accepted surveying practices.

1. Establish dimensions within tolerances indicated. Do not scale Drawings to obtain required dimensions.

2. Inform installers of lines and levels to which they must comply.

3. Check the location, level and plumb, of every major element as the Work progresses.

4. Notify Architect when deviations from required lines and levels exceed allowable tolerances.

5. Close site surveys with an error of closure equal to or less than the standard established by authorities having jurisdiction.

3.04 INSTALLATION
A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated.

1. Make vertical work plumb and make horizontal work level.

2. Where space is limited, install components to maximize space available for maintenance and ease of removal for replacement.

3. Conceal pipes, ducts, and wiring in finished areas unless otherwise indicated.

4. Maintain minimum headroom clearance of 96 inches in occupied spaces and 90 inches in unoccupied spaces.

B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated.

TP - 45

C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion.

D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy.

E. Sequence the Work and allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations.

F. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels.

G. Templates: Obtain and distribute to the parties involved templates for work specified to be factory prepared and field installed. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing products to comply with indicated requirements.

H. Attachment: Provide blocking and attachment plates and anchors and fasteners of adequate size and number to securely anchor each component in place, accurately located and aligned with other portions of the Work. Where size and type of attachments are not indicated, verify size and type required for load conditions.

1. Mounting Heights: Where mounting heights are not indicated, mount components at heights directed by Architect.

2. Allow for building movement, including thermal expansion and contraction.

3. Coordinate installation of anchorages. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.

I. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints.

J. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous.

3.05 CUTTING AND PATCHING
A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay.

TP - 46

1. Cut in-place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition.

B. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during installation or cutting and patching operations, by methods and with materials so as not to void existing warranties.

C. Temporary Support: Provide temporary support of work to be cut.

D. Protection: Protect in-place construction during cutting and patching to prevent damage. Provide protection from adverse weather conditions for portions of Project that might be exposed during cutting and patching operations.

E. Adjacent Occupied Areas: Where interference with use of adjoining areas or interruption of free passage to adjoining areas is unavoidable, coordinate cutting and patching according to requirements in Section 01 10 00 "Summary." F. Existing Utility Services and Mechanical/Electrical Systems: Where existing services/systems are required to be removed, relocated, or abandoned, bypass such services/systems before cutting to [minimize] [prevent] interruption to occupied areas.

G. Cutting: Cut in-place construction by sawing, drilling, breaking, chipping, grinding, and similar operations, including excavation, using methods least likely to damage elements retained or adjoining construction. If possible, review proposed procedures with original Installer; comply with original Installer's written recommendations.

1. In general, use hand or small power tools designed for sawing and grinding, not hammering and chopping. Cut holes and slots neatly to minimum size required, and with minimum disturbance of adjacent surfaces. Temporarily cover openings when not in use.

2. Finished Surfaces: Cut or drill from the exposed or finished side into concealed surfaces.

3. Concrete: Cut using a cutting machine, such as an abrasive saw or a diamond- core drill.

4. Excavating and Backfilling: Comply with requirements in applicable Sections where required by cutting and patching operations.

5. Mechanical and Electrical Services: Cut off pipe or conduit in walls or partitions to be removed. Cap, valve, or plug and seal remaining portion of pipe or conduit to prevent entrance of moisture or other foreign matter after cutting.

6. Proceed with patching after construction operations requiring cutting are complete.

H. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable.

TP - 47

1. Inspection: Where feasible, test and inspect patched areas after completion to demonstrate physical integrity of installation.

2. Exposed Finishes: Restore exposed finishes of patched areas and extend finish restoration into retained adjoining construction in a manner that will minimize evidence of patching and refinishing.
a. Clean piping, conduit, and similar features before applying paint or other finishing materials.
b. Restore damaged pipe covering to its original condition.

3. Floors and Walls: Where walls or partitions that are removed extend one finished area into another, patch and repair floor and wall surfaces in the new space. Provide an even surface of uniform finish, color, texture, and appearance. Remove in-place floor and wall coverings and replace with new materials, if necessary, to achieve uniform color and appearance. a. Where patching occurs in a painted surface, prepare substrate and apply primer and intermediate paint coats appropriate for substrate over the patch, and apply final paint coat over entire unbroken surface containing the patch. Provide additional coats until patch blends with adjacent surfaces.

4. Ceilings: Patch, repair, or rehang in-place ceilings as necessary to provide an even-plane surface of uniform appearance.

5. Exterior Building Enclosure: Patch components in a manner that restores enclosure to a weathertight condition and ensures thermal and moisture integrity of building enclosure.

I. Cleaning: Clean areas and spaces where cutting and patching are performed.

Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces.

3.06 OWNER-INSTALLED PRODUCTS
A. Site Access: Provide access to Project site for Owner's construction personnel.

B. Coordination: Coordinate construction and operations of the Work with work performed by Owner's construction personnel.

1. Construction Schedule: Inform Owner of Contractor's preferred construction schedule for Owner's portion of the Work. Adjust construction schedule based on a mutually agreeable timetable. Notify Owner if changes to schedule are required due to differences in actual construction progress.

2. Preinstallation Conferences: Include Owner's construction personnel at preinstallation conferences covering portions of the Work that are to receive

TP - 48

Owner's work. Attend preinstallation conferences conducted by Owner's construction personnel if portions of the Work depend on Owner's construction.

3.07 PROGRESS CLEANING
A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully.

1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris.

2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F.

3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations.
a. Use containers intended for holding waste materials of type to be stored.

4. Coordinate progress cleaning for joint-use areas where Contractor and other contractors are working concurrently.

B. Site: Maintain Project site free of waste materials and debris.

C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work.

1. Remove liquid spills promptly.

2. Where dust would impair proper execution of the Work, broom-clean or vacuum the entire work area, as appropriate.

D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces.

E. Concealed Spaces: Remove debris from concealed spaces before enclosing the space.

F. Exposed Surfaces in Finished Areas: Clean exposed surfaces and protect as necessary to ensure freedom from damage and deterioration at time of Substantial Completion.

G. Waste Disposal: Do not bury or burn waste materials on-site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in
[Section 01 50 00 "Temporary Facilities and Controls."] [Section 01 74 19

TP - 49

"Construction Waste Management and Disposal."]
H. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion.

I. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects.

J. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period.

3.08 STARTING AND ADJUSTING
A. Coordinate startup and adjusting of equipment and operating components with requirements in Section 01 91 13 "General Commissioning Requirements." B. Start equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest.

C. Adjust equipment for proper operation. Adjust operating components for proper operation without binding.

D. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment.

E. Manufacturer's Field Service: Comply with qualification requirements in Section 01 40 00 "Quality Requirements."

3.09 PROTECTION OF INSTALLED CONSTRUCTION
A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion.

B. Comply with manufacturer's written instructions for temperature and relative humidity.

END OF SECTION 01 73 00

TP - 50

SECTION 01 74 19 - CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

B Form CD - 1 Waste Management and Recycling Plan (Appendix A) as specified in section 2-2 Permits of the General Provisions.

1.02 SUMMARY
A. Section includes administrative and procedural requirements for the following:

1. Salvaging nonhazardous demolition and construction
waste.

2. Disposing of nonhazardous demolition and construction waste. B. Related Requirements:

1. Section 02 41 19 "Selective Demolition" for disposition of waste resulting from partial demolition of buildings, structures, and site improvements.

1.03 DEFINITIONS
A. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging.

B. Demolition Waste: Building and site improvement materials resulting from demolition or selective demolition operations.

C. Disposal: Removal off-site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction.

D. Recycle: Recovery of demolition or construction waste for subsequent processing in preparation for reuse.

E. Salvage: Recovery of demolition or construction waste and subsequent sale or reuse in another facility.

TP - 51

F. Salvage and Reuse: Recovery of demolition or construction waste and subsequent incorporation into the Work.

1.04 PERFORMANCE REQUIREMENTS
A. General: Achieve end-of-Project rates for salvage/recycling of 50 percent by weight of total non-hazardous solid waste generated by the Work. Practice efficient waste management in the use of materials in the course of the Work. Use all reasonable means to divert construction and demolition waste from landfills and incinerators.

Facilitate recycling and salvage of materials[.][, including the following:]

1. Demolition Waste:
a. Wood joists.
b. Wood paneling.
c. Wood trim.
d. Structural and miscellaneous steel.
e. Rough hardware.
f. Roofing.
g. Insulation.
h. Doors and frames.
i. Door hardware.
j. Glazing.
k. Metal studs.
l. Gypsum board.
m. Acoustical tile and panels.
n. Carpet.
o. Carpet pad.
p. Cabinets.
q. Piping.
r. Supports and hangers.
s. Valves.
t. Sprinklers.
u. Mechanical equipment.
v. Refrigerants.
w. Electrical conduit.
x. Copper wiring.
y. Lighting fixtures.
z. Lamps. aa. Electrical devices.

2. Construction Waste:
a. Lumber.
b. Wood sheet materials.
c. Metals.
d. Roofing.

TP - 52

e. Insulation.
f. Carpet and pad.
g. Gypsum board.
h. Piping.
i. Electrical conduit.
j. Packaging: Regardless of salvage/recycle goal indicated in "General" Paragraph above, salvage or recycle 100 percent of the following uncontaminated packaging materials:
1) Paper.
2) Cardboard.
3) Boxes.
4) Plastic sheet and film.
5) Polystyrene packaging.
6) Wood crates. 7) Plastic pails.

1.05 ACTION SUBMITTALS
A. Waste Management Plan: Submit plan within 7 days of date established for commencement of the Work.

1.06 QUALITY ASSURANCE
A. Refrigerant Recovery Technician Qualifications: Certified by EPA-approved certification program.

B. Regulatory Requirements: Comply with hauling and disposal regulations of authorities having jurisdiction.

C. Waste Management Conference: Conduct conference at Project site to comply with requirements in Section 01 31 00 "Project Management and Coordination." Review methods and procedures related to waste management including, but not limited to, the following:

1. Review and discuss waste management plan including responsibilities of waste management coordinator.

2. Review requirements for documenting quantities of each type of waste and its disposition.

3. Review and finalize procedures for materials separation and verify availability of containers and bins needed to avoid delays.

4. Review procedures for periodic waste collection and transportation to recycling and disposal facilities.

5. Review waste management requirements for each trade.

1.07 WASTE MANAGEMENT PLAN

TP - 53

A. General: Develop a waste management plan according to ASTM E 1609 and requirements in this Section. Plan shall consist of waste identification, waste reduction work plan, and cost/revenue analysis. Indicate quantities by weight or volume, but use same units of measure throughout waste management plan.

B. Waste Identification: Indicate anticipated types and quantities of demolition construction waste generated by the Work. Use . Include estimated quantities and assumptions for estimates.

PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION

3.01 PLAN IMPLEMENTATION
A. General: Implement approved waste management plan. Provide handling, containers, storage, signage, transportation, and other items as required to implement waste management plan during the entire duration of the Contract.

1. Comply with operation, termination, and removal requirements in Section 01 50 00 "Temporary Facilities and Controls."
B. Waste Management Coordinator: Engage a waste management coordinator to be responsible for implementing, monitoring, and reporting status of waste management work plan.[ Coordinator shall be present at Project site full time for duration of Project.]
C. Training: Train workers, subcontractors, and suppliers on proper waste management procedures, as appropriate for the Work.

1. Distribute waste management plan to everyone concerned within [three] <Insert number> days of submittal return.

2. Distribute waste management plan to entities when they first begin work on-site.

Review plan procedures and locations established for salvage, recycling, and disposal.

D. Site Access and Temporary Controls: Conduct waste management operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities.

1. Designate and label specific areas on Project site necessary for separating materials that are to be salvaged, recycled, reused, donated, and sold.

2. Comply with Section 01 50 00 "Temporary Facilities and Controls" for controlling dust and dirt, environmental protection, and noise control.

TP - 54

3.02 SALVAGING DEMOLITION WASTE
A. Salvaged Items for Reuse in the Work: Salvage items for reuse and handle as follows:

1. Clean salvaged items.

2. Pack or crate items after cleaning. Identify contents of containers with label indicating elements, date of removal, quantity, and location where removed.

3. Store items in a secure area until installation.

4. Protect items from damage during transport and storage.

5. Install salvaged items to comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make items functional for use indicated.

B. Salvaged Items for Owner's Use: Salvage items for Owner's use and handle as follows:

1. Clean salvaged items.

2. Pack or crate items after cleaning. Identify contents of containers with label indicating elements, date of removal, quantity, and location where removed.

3. Store items in a secure area until delivery to Owner.

4. Transport items to Owner's storage area on-site.

5. Protect items from damage during transport and storage.

C. Doors and Hardware: Brace open end of door frames. Except for removing door closers, leave door hardware attached to doors.

D. Equipment: Drain tanks, piping, and fixtures. Seal openings with caps or plugs.

Protect equipment from exposure to weather.

E. Lighting Fixtures: Separate lamps by type and protect from breakage.

F. Electrical Devices: Separate switches, receptacles, switchgear, transformers, meters, panelboards, circuit breakers, and other devices by type.

3.03 RECYCLING DEMOLITION AND CONSTRUCTION WASTE, GENERAL A. General: Recycle paper and beverage containers used by on-site workers.

B. Recycling Incentives: Revenues, savings, rebates, tax credits, and other incentives received for recycling waste materials shall accrue to Owner .

C. Preparation of Waste: Prepare and maintain recyclable waste materials according to recycling or reuse facility requirements. Maintain materials free of dirt, adhesives, solvents, petroleum contamination, and other substances deleterious to the recycling process.

TP - 55

D. Procedures: Separate recyclable waste from other waste materials, trash, and debris.

Separate recyclable waste by type at Project site to the maximum extent practical according to approved construction waste management plan.

1. Provide appropriately marked containers or bins for controlling recyclable waste until removed from Project site. Include list of acceptable and unacceptable materials at each container and bin.
a. Inspect containers and bins for contamination and remove contaminated materials if found.

2. Stockpile processed materials on-site without intermixing with other materials.

Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.

3. Stockpile materials away from construction area. Do not store within drip line of remaining trees.

4. Store components off the ground and protect from the weather.

5. Remove recyclable waste from Owner's property and transport to recycling receiver or processor.

3.04 RECYCLING DEMOLITION WASTE
A. Wood Materials: Sort and stack members according to size, type, and length.

Separate lumber, engineered wood products, panel products, and treated wood materials.

B. Metals: Separate metals by type.

1. Structural Steel: Stack members according to size, type of member, and length.

2. Remove and dispose of bolts, nuts, washers, and other rough hardware.

C. Asphalt Shingle Roofing: Separate organic and glass-fiber asphalt shingles and felts.

Remove and dispose of nails, staples, and accessories.

D. Gypsum Board: Stack large clean pieces on wood pallets or in container and store in a dry location. Remove edge trim and sort with other metals. Remove and dispose of fasteners.

E. Acoustical Ceiling Panels and Tile: Stack large clean pieces on wood pallets and store in a dry location.

F. Metal Suspension System: Separate metal members including trim, and other metals from acoustical panels and tile and sort with other metals.

G. Carpet and Pad: Roll large pieces tightly after removing debris, trash, adhesive, and tack strips.

TP - 56

1. Store clean, dry carpet[ and pad] in a closed container or trailer provided by Carpet Reclamation Agency or carpet recycler. H. Carpet Tile: Remove debris, trash, and adhesive.

1. Stack tile on pallet and store clean, dry carpet in a closed container or trailer provided by Carpet Reclamation Agency or carpet recycler.

I. Piping: Reduce piping to straight lengths and store by type and size. Separate supports, hangers, valves, sprinklers, and other components by type and size. J.

Conduit: Reduce conduit to straight lengths and store by type and size.

3.05 RECYCLING CONSTRUCTION WASTE A.

Packaging:

1. Cardboard and Boxes: Break down packaging into flat sheets. Bundle and store in a dry location.

2. Polystyrene Packaging: Separate and bag materials.

3. Pallets: As much as possible, require deliveries using pallets to remove pallets from Project site. For pallets that remain on-site, break down pallets into component wood pieces and comply with requirements for recycling wood.

4. Crates: Break down crates into component wood pieces and comply with requirements for recycling wood. B. Wood Materials:

1. Clean Cut-Offs of Lumber: Grind or chip into small pieces.

2. Clean Sawdust: Bag sawdust that does not contain painted or treated wood. a. Comply with requirements in Section 32 93 00 "Plants" for use of clean sawdust as organic mulch.

C. Gypsum Board: Stack large clean pieces on wood pallets or in container and store in a dry location.

1. Clean Gypsum Board: Grind scraps of clean gypsum board using small mobile chipper or hammer mill. Screen out paper after grinding.

3.06 DISPOSAL OF WASTE
A. General: Except for items or materials to be salvaged, recycled, or otherwise reused, remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction.

1. Except as otherwise specified, do not allow waste materials that are to be disposed of accumulate on-site.

TP - 57

2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

B. Burning: Do not burn waste materials.

C. Disposal: Remove waste materials from Owner's property and legally dispose of them.

END OF SECTION 01 74 19

TP - 58

SECTION 01 77 00 - CLOSEOUT PROCEDURES
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following:

1. Substantial Completion procedures.

2. Final completion procedures.

3. Warranties.

4. Final cleaning.

5. Repair of the Work. B. Related Requirements:

1. Section 01 73 00 "Execution" for progress cleaning of Project site.

1.03 ACTION SUBMITTALS
A. Contractor's List of Incomplete Items: Initial submittal at Substantial Completion.

1.04 MAINTENANCE MATERIAL SUBMITTALS
A. Schedule of Maintenance Material Items: For maintenance material submittal items specified in other Sections.

1.05 SUBSTANTIAL COMPLETION PROCEDURES
A. Contractor's List of Incomplete Items: Prepare and submit a list of items to be completed and corrected (Contractor's punch list), indicating the value of each item on the list and reasons why the Work is incomplete.

B. Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion.

List items below that are incomplete at time of request.

1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner unrestricted use of the Work and access to services

TP - 59

and utilities. Include occupancy permits, operating certificates, and similar releases.

2. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, damage or settlement surveys, property surveys, and similar final record information.

3. Submit closeout submittals specified in individual Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents.

4. Submit maintenance material submittals specified in individual Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Owner . Label with manufacturer's name and model number where applicable.
a. Schedule of Maintenance Material Items: Prepare and submit schedule of maintenance material submittal items, including name and quantity of each item and name and number of related Specification Section. Obtain signature for receipt of submittals.

C. Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting inspection for determining date of Substantial Completion.

List items below that are incomplete at time of request.

1. Complete startup and testing of systems and equipment.

2. Perform preventive maintenance on equipment used prior to Substantial Completion.

3. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. Submit demonstration and training video recordings specified in Section 01 79 00 "Demonstration and Training."

4. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements.

5. Complete final cleaning requirements, including touchup painting.

6. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects.

1.06 FINAL COMPLETION PROCEDURES
A. Submittals Prior to Final Completion: Before requesting final inspection for determining final completion, complete the following:

1. Certified List of Incomplete Items: Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance.

B. Inspection: Submit a written request for final inspection to determine acceptance a minimum of 10 days prior to date the work will be completed and ready for final

TP - 60

inspection and tests. On receipt of request, Architect[ and Construction Manager] will either proceed with inspection or notify Contractor of unfulfilled requirements.

Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued.

1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected.

1.07 LIST OF INCOMPLETE ITEMS (PUNCH LIST)
A. Organization of List: Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction.[
Use CSI Form 14.1A.]

1. Organize list of spaces in sequential order, [starting with exterior areas first] [and] [proceeding from lowest floor to highest floor].

2. Organize items applying to each space by major element, including categories for ceiling, individual walls, floors, equipment, and building systems.

3. Include the following information at the top of each page:
a. Project name.
b. Date.
c. Name of Architect.
d. Name of Contractor.
e. Page number.

4. Submit list of incomplete items in the following format:
a. MS Excel electronic file. Architect will return annotated file. b. PDF electronic file. Architect will return annotated file.

1.08 SUBMITTAL OF PROJECT WARRANTIES
A. Time of Submittal: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit Owner's rights under warranty.

B. Partial Occupancy: Submit properly executed warranties within [15] <Insert number> days of completion of designated portions of the Work that are completed and occupied or used by Owner during construction period by separate agreement with Contractor.

TP - 61

C. Organize warranty documents into an orderly sequence based on the table of contents of Project Manual.

1. Bind warranties and bonds in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch paper.

2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer.

3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor.

4. Warranty Electronic File: Scan warranties and bonds and assemble complete warranty and bond submittal package into a single indexed electronic PDF file with links enabling navigation to each item. Provide bookmarked table of contents at beginning of document.

D. Provide additional copies of each warranty to include in operation and maintenance manuals.

PART 2 - PRODUCTS

2.01 MATERIALS
A. Cleaning Agents: Use cleaning materials and agents recommended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.

1. Use cleaning products that comply with Green Seal's GS-37, or if GS-37 is not applicable, use products that comply with the California Code of Regulations maximum allowable VOC levels.

PART 3 - EXECUTION

3.01 FINAL CLEANING
A. General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations.

B. Cleaning: Employ experienced workers or professional cleaners for final cleaning.

Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions.

TP - 62

1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a designated portion of Project:
a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances.
b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits.
c. Rake grounds that are neither planted nor paved to a smooth, even- textured surface.
d. Remove tools, construction equipment, machinery, and surplus material from Project site.
e. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition.
f. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces.
g. Sweep concrete floors broom clean in unoccupied spaces. h. Vacuum carpet and similar soft surfaces, removing debris and excess nap; clean according to manufacturer's recommendations if visible soil or stains remain.
i. Clean transparent materials, including mirrors and glass in doors and windows. Remove glazing compounds and other noticeable, vision- obscuring materials. Polish mirrors and glass, taking care not to scratch surfaces.
j. Remove labels that are not permanent.
k. Wipe surfaces of mechanical and electrical equipment. Remove excess lubrication, paint and mortar droppings, and other foreign substances. l. Clean plumbing fixtures to a sanitary condition, free of stains, including stains resulting from water exposure.
m. Replace disposable air filters and clean permanent air filters. Clean exposed surfaces of diffusers, registers, and grills.
n. Clean ducts, blowers, and coils if units were operated without filters during construction or that display contamination with particulate matter on inspection.
1) Clean HVAC system in compliance with NADCA Standard 1992-01.

Provide written report on completion of cleaning.
o. Clean light fixtures, lamps, globes, and reflectors to function with full efficiency.
p. Leave Project clean and ready for occupancy.

TP - 63

C. Construction Waste Disposal: Comply with waste disposal requirements in Section 01 50 00 "Temporary Facilities and Controls."

3.02 REPAIR OF THE WORK
A. Complete repair and restoration operations before requesting inspection for determination of Substantial Completion.

B. Repair or remove and replace defective construction. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. Where damaged or worn items cannot be repaired or restored, provide replacements. Remove and replace operating components that cannot be repaired. Restore damaged construction and permanent facilities used during construction to specified condition.

1. Remove and replace chipped, scratched, and broken glass, reflective surfaces, and other damaged transparent materials.

2. Touch up and otherwise repair and restore marred or exposed finishes and surfaces. Replace finishes and surfaces that that already show evidence of repair or restoration.
a. Do not paint over "UL" and other required labels and identification, including mechanical and electrical nameplates. Remove paint applied to required labels and identification.

3. Replace parts subject to operating conditions during construction that may impede operation or reduce longevity.

4. Replace burned-out bulbs, bulbs noticeably dimmed by hours of use, and defective and noisy starters in fluorescent and mercury vapor fixtures to comply with requirements for new fixtures.

END OF SECTION 01 77 00

TP -64

DIVISION 02 – EXISTING CONDITIONS
SECTION 02 41 19 - SELECTIVE DEMOLITION
PART 1 - GENERAL

1.01 SUMMARY
A. Section Includes:

1. Demolition and removal of selected portions of building or structure.

2. Demolition and removal of selected site elements.

3. Salvage of existing items to be reused or recycled.

1.02 DEFINITIONS
A. Remove: Detach items from existing construction and dispose of them off-site unless indicated to be salvaged or reinstalled.

B. Remove and Salvage: Detach items from existing construction, in a manner to prevent damage, and [deliver to Owner ready for reuse] [store].

C. Remove and Reinstall: Detach items from existing construction, in a manner to prevent damage, prepare for reuse, and reinstall where indicated.

D. Existing to Remain: Leave existing items that are not to be removed and that are not otherwise indicated to be salvaged or reinstalled.

E. Dismantle: To remove by disassembling or detaching an item from a surface, using gentle methods and equipment to prevent damage to the item and surfaces; disposing of items unless indicated to be salvaged or reinstalled.

1.03 MATERIALS OWNERSHIP
A. Unless otherwise indicated, demolition waste becomes property of Contractor.

B. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner.

1. Carefully salvage in a manner to prevent damage and promptly return to Owner.

TP -65

1.04 PREINSTALLATION MEETINGS
A. Predemolition Conference: Conduct conference at [Project site] <Insert location>.

1. Inspect and discuss condition of construction to be selectively demolished.

2. Review structural load limitations of existing structure.

3. Review and finalize selective demolition schedule and verify availability of materials, demolition personnel, equipment, and facilities needed to make progress and avoid delays.

4. Review requirements of work performed by other trades that rely on substrates exposed by selective demolition operations.

5. Review areas where existing construction is to remain and requires protection.

1.05 INFORMATIONAL SUBMITTALS
A. Schedule of Selective Demolition Activities: Indicate the following:

1. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. Ensure Owner's [building manager's] [and] [other tenants'] on-site operations are uninterrupted.

2. Interruption of utility services. Indicate how long utility services will be interrupted.

3. Coordination for shutoff, capping, and continuation of utility services.

4. Use of elevator and stairs.

5. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed Work.

B. Predemolition Photographs or Video: Show existing conditions of adjoining construction, including finish surfaces, that might be misconstrued as damage caused by salvage and demolition operations. Comply with Section 01 32 33 "Photographic Documentation." Submit before Work begins.

C. Statement of Refrigerant Recovery: Signed by refrigerant recovery technician responsible for recovering refrigerant, stating that all refrigerant that was present was recovered and that recovery was performed according to EPA regulations. Include name and address of technician and date refrigerant was recovered.

D. Warranties: Documentation indicating that existing warranties are still in effect after completion of selective demolition.

1.06 CLOSEOUT SUBMITTALS
A. Inventory: Submit a list of items that have been removed and salvaged.

1.07 QUALITY ASSURANCE

TP -66

A. Refrigerant Recovery Technician Qualifications: Certified by an EPA-approved certification program.

1.08 FIELD CONDITIONS
A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted.

B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical.

1. Before selective demolition, Owner will remove the following items:
a. <Insert items to be removed by Owner>.

C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition.

D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work.

1. Hazardous materials will be removed by Owner before start of the Work.

2. If suspected hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Hazardous materials will be removed by Owner under a separate contract.

E. Hazardous Materials: Present in buildings and structures to be selectively demolished.

A report on the presence of hazardous materials is on file for review and use. Examine report to become aware of locations where hazardous materials are present.

1. Hazardous material remediation is specified elsewhere in the Contract Documents.

2. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified elsewhere in the Contract Documents.

3. Owner will provide material safety data sheets for suspected hazardous materials that are known to be present in buildings and structures to be selectively demolished because of building operations or processes performed there. F. Storage or sale of removed items or materials on-site is not permitted.

G. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations.

1. Maintain fire-protection facilities in service during selective demolition operations.

TP -67

1.09 WARRANTY
A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials and using approved contractors so as not to void existing warranties. Notify warrantor before proceeding. Existing warranties include the following:

B. Notify warrantor on completion of selective demolition, and obtain documentation verifying that existing system has been inspected and warranty remains in effect.

Submit documentation at Project closeout.

1.10 COORDINATION
A. Arrange selective demolition schedule so as not to interfere with Owner's operations.

PART 2 - PRODUCTS

2.01 PERFORMANCE REQUIREMENTS
A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction.

B. Standards: Comply with ANSI/ASSP A10.6 and NFPA 241.

PART 3 - EXECUTION

3.01 EXAMINATION
A. Verify that utilities have been disconnected and capped before starting selective demolition operations.

B. Review Project Record Documents of existing construction or other existing condition and hazardous material information provided by Owner. Owner does not guarantee that existing conditions are same as those indicated in Project Record Documents.

C. Verify that hazardous materials have been remediated before proceeding with building demolition operations.

D. Survey of Existing Conditions: Record existing conditions by use of measured drawings preconstruction photographs or video.

1. Inventory and record the condition of items to be removed and salvaged.

TP - 68

2. Before selective demolition or removal of existing building elements that will be reproduced or duplicated in final Work, make permanent record of measurements, materials, and construction details required to make exact reproduction.

3.02 PREPARATION
A. Refrigerant: Before starting demolition, remove refrigerant from mechanical equipment according to 40 CFR 82 and regulations of authorities having jurisdiction.

3.03 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage.

B. Existing Services/Systems to Be Removed, Relocated, or Abandoned: Locate, identify, disconnect, and seal or cap off utility services and mechanical/electrical systems serving areas to be selectively demolished.

1. If services/systems are required to be removed, relocated, or abandoned, provide temporary services/systems that bypass area of selective demolition and that maintain continuity of services/systems to other parts of building.

2. Disconnect, demolish, and remove fire-suppression systems, plumbing, and HVAC systems, equipment, and components indicated on Drawings to be removed.
a. Piping to Be Removed: Remove portion of piping indicated to be removed and cap or plug remaining piping with same or compatible piping material. b. Equipment to Be Removed: Disconnect and cap services and remove equipment.
c. Equipment to Be Removed and Reinstalled: Disconnect and cap services and remove, clean, and store equipment; when appropriate, reinstall, reconnect, and make equipment operational.
d. Equipment to Be Removed and Salvaged: Disconnect and cap services and remove equipment and deliver to Owner.
e. Ducts to Be Removed: Remove portion of ducts indicated to be removed and plug remaining ducts with same or compatible ductwork material.

3.04 PROTECTION
A. Temporary Protection: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain.

TP - 69

1. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building.

Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas.

3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations.

4. Cover and protect furniture, furnishings, and equipment that have not been removed.

5. Comply with requirements for temporary enclosures, dust control, heating, and cooling specified in Section 01 50 00 "Temporary Facilities and Controls." B.

Remove temporary barricades and protections where hazards no longer exist.

3.05 SELECTIVE DEMOLITION, GENERAL
A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows:

1. Proceed with selective demolition systematically, from higher to lower level.

Complete selective demolition operations above each floor or tier before disturbing supporting members on the next lower level.

2. Neatly cut openings and holes plumb, square, and true to dimensions required.

Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping. Temporarily cover openings to remain.

3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces.

4. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain portable fire- suppression devices during flame-cutting operations.

5. Maintain fire watch during and for at least <Insert number> hours after flame- cutting operations.

6. Maintain adequate ventilation when using cutting torches.

7. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site.

8. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing.

9. Dispose of demolished items and materials promptly.[ Comply with requirements in Section 01 74 19 "Construction Waste Management and Disposal."]

TP - 70

B. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. C. Removed and Salvaged Items:

1. Clean salvaged items.

Pack or crate items after cleaning. Identify contents of containers.

3. Store items in a secure area until delivery to Owner.

4. Transport items to Owner's storage area [on-site] [off-site] [designated by Owner] [indicated on Drawings].

5. Protect items from damage during transport and storage. D. Removed and Reinstalled Items:

1. Clean and repair items to functional condition adequate for intended reuse.

2. Pack or crate items after cleaning and repairing. Identify contents of containers.

3. Protect items from damage during transport and storage.

4. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated.

E. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete.

3.06 SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS A. Roofing: Remove no more existing roofing than what can be covered in one day by new roofing and so that building interior remains watertight and weathertight. See Section <Insert Section number and title> for new roofing requirements.

3.07 DISPOSAL OF DEMOLISHED MATERIALS
A. Remove demolition waste materials from Project site and dispose of them in an EPA- approved construction and demolition waste landfill acceptable to authorities having jurisdiction.

1. Do not allow demolished materials to accumulate on-site.

2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.

B. Burning: Do not burn demolished materials.

TP - 71

3.08 CLEANING
A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began.

END OF SECTION 02 41 19

TP - 72

DIVISION 05 METALS
SECTION 05 43 00 - SLOTTED CHANNEL FRAMING
PART 1 - GENERAL

1.01 SUMMARY
A. Section Includes:

1. Steel slotted channel support framing for suspended ceilings. Slotted channel framing system shall be attached at 48 inches o.c. to bottom chord of roof joists; spacing of roof joists are indicated on Structural Drawings. Ceiling is suspended from slotted channel framing; ceilings and suspension hangers are specified under the following section(s):
a. Section 09 22 16 "Non-Structural Metal Framing" for suspended gypsum board ceilings."
b. Section 09 51 23 "Acoustical Panel Tile Ceilings."
PART 2 - PRODUCTS

2.01 PERFORMANCE REQUIREMENTS
A. Delegated Design: Engage a qualified professional engineer, as defined in Section 01 40 00 "Quality Requirements," to design slotted channel and angle support framing.

B. Structural Performance: The following application(s) shall withstand the effects of gravity loads and the following loads and stresses within limits and under conditions indicated.

1. Suspended Ceilings: Slotted channel supports shall be sized to support suspended load of not less than the following for span indicated. Limit deflection to not less than span/180 for concentrated loads indicated and to not less than span/360 for concentrated loads reduced to 70 lbf at each point. Include lateral bracing as required.
a. Span 8 Feet or Less: A 200 lbf concentrated load at a point centered on the span.
b. Span 8 to 12 Feet: One of the following, whichever is most restrictive:
1) Two 200 lbf concentrated loads spaced at 4 ft o.c., the pair centered on the span.
2) Three 200 lbf concentrated loads spaced at 4 ft o.c., the triplet centered on the span.

TP - 73

C. Seismic Performance: Slotted channel and angle supports shall withstand the effects of earthquake motions determined according to ASCE/SEI 7.

1. The term "withstand" means "the support system will remain in place without separation of any parts when subjected to the seismic forces specified.

2. Component Importance Factor: 1.0.

3. Ceilings:
a. Component Amplification Factor: 1.0.
b. Component Response Modification Factor: 2.5.

2.02 STEEL SLOTTED SUPPORT FRAMING FOR SUSPENDED CEILINGS A. Steel Slotted Support Framing: Preformed steel channels complying with MFMA-4 factory-fabricated components for field assembly.

1. Basis-of-Design Product: Subject to compliance with requirements, provide Unistrut; Part of Atkore International; 1-5/8" Channel Series or comparable product by one of the following:
a. B-line, an Eaton business.
b. Flex-Strut Inc.
c. G-Strut.
d. Haydon Corporation.
e. Thomas & Betts Corporation; A Member of the ABB Group. f. Wesanco, Inc.

2. Channel Type: Pierced or slotted with minimum 13/32 inch diameter holes at a maximum of 8 inches o.c. in at least one surface.

3. Material for Channel, Fittings, and Accessories: Galvanized steel or Plain steel.

4. Channel Width: 1-5/8 inches .

5. Rated Strength: Selected to suit applicable load criteria.

6. Fittings and Accessories: Products provided by channel and angle manufacturer and designed for use with those items.

7. Fitting and Accessory Materials: Same as those for channels and angles.

8. Metallic Coatings: Hot-dip galvanized after fabrication and applied according to MFMA-4.

9. Nonmetallic Coatings: Manufacturer's standard PVC, polyurethane, or polyester coating applied according to MFMA-4.

10. Painted Coatings: Manufacturer's standard painted coating applied according to MFMA-4.

11. Protect finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping.

PART 3 - EXECUTION

3.01 INSTALLING STEEL SUPPORT FRAMING FOR SUSPENDED CEILINGS

TP - 74

A. Comply with manufacturers written instructions and approved shop drawings for installation.

B. Attach slotted channel framing at 48 inches o.c. to bottom chord of roof joistsor bottom flange of roof beams, aligned so that ceiling suspension hangers can be attached vertically plumb to slotted channel framing.

3.02 PAINTING
A. Touchup and Field Painting: Comply with requirements in following Section(s) for cleaning, touchup, and field painting of slotted channel framing:

1. Section 09 91 23 "Interior Painting" for steel slotted support framing for suspended ceilings.

END OF SECTION 05 43 00

TP - 75

SECTION 05 50 00 - METAL FABRICATIONS
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section Includes:

1. Steel framing and supports for countertops.

2. Steel framing and supports for mechanical and electrical equipment.

3. Steel framing and supports for applications where framing and supports are not specified in other Sections.

1.03 COORDINATION
A. Coordinate selection of shop primers with topcoats to be applied over them. Comply with paint and coating manufacturers' written recommendations to ensure that shop primers and topcoats are compatible with one another.

B. Coordinate installation of metal fabrications that are anchored to or that receive other work. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation.

1.04 ACTION SUBMITTALS
A. Product Data: For the following:

1. Nonslip aggregates and nonslip-aggregate surface finishes.

2. Paint products.

B. Shop Drawings: Show fabrication and installation details. Include plans, elevations, sections, and details of metal fabrications and their connections. Show anchorage and accessory items. Provide Shop Drawings for the following:

1. Steel framing and supports for countertops.

2. Steel framing and supports for mechanical and electrical equipment.

TP - 76

3. Steel framing and supports for applications where framing and supports are not specified in other Sections.

1.05 INFORMATIONAL SUBMITTALS
A. Qualification Data: For professional engineer.

B. Welding certificates.

1.06 QUALITY ASSURANCE
A. Welding Qualifications: Qualify procedures and personnel according to the following:

1. AWS D1.1/D1.1M, "Structural Welding Code - Steel."

2. AWS D1.2/D1.2M, "Structural Welding Code - Aluminum."

3. AWS D1.6/D1.6M, "Structural Welding Code - Stainless Steel."

1.07 FIELD CONDITIONS
A. Field Measurements: Verify actual locations of walls and other construction contiguous with metal fabrications by field measurements before fabrication.

PART 2 - PRODUCTS

2.01 METALS
A. Metal Surfaces, General: Provide materials with smooth, flat surfaces unless otherwise indicated. For metal fabrications exposed to view in the completed Work, provide materials without seam marks, roller marks, rolled trade names, or blemishes. B. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M.

C. Stainless-Steel Sheet, Strip, and Plate: ASTM A 240/A 240M or ASTM A 666, Type 304.

D. Steel Tubing: ASTM A 500/A 500M, cold-formed steel tubing.

E. Steel Pipe: ASTM A 53/A 53M, Standard Weight (Schedule 40) unless otherwise indicated.

F. Slotted Channel Framing: Cold-formed metal box channels (struts) complying with MFMA-4.

1. Size of Channels: 1-5/8 by 1-5/8 inches.

TP - 77

2. Material: Galvanized steel, ASTM A 653/A 653M, commercial steel, Type B, with G90 coating; 0.079-inch nominal thickness.

3. Material: Cold-rolled steel, ASTM A 1008/A 1008M, commercial steel, Type B;

0.0677-inch minimum thickness; unfinished.

G. Cast Iron: Either gray iron, ASTM A 48/A 48M, or malleable iron, ASTM A 47/A 47M, unless otherwise indicated.

H. Aluminum Plate and Sheet: ASTM B 209, Alloy 6061-T6.

I. Aluminum Extrusions: ASTM B 221, Alloy 6063-T6.

2.02 FASTENERS
A. General: Unless otherwise indicated, provide Type 304 stainless-steel fasteners for exterior use and zinc-plated fasteners with coating complying with ASTM B 633 or ASTM F 1941, Class Fe/Zn 5, at exterior walls. Select fasteners for type, grade, and class required.

1. Provide stainless-steel fasteners for fastening aluminum.

2. Provide stainless-steel fasteners for fastening stainless steel.

3. Provide stainless-steel fasteners for fastening nickel silver.

4. Provide bronze fasteners for fastening bronze.

B. Steel Bolts and Nuts: Regular hexagon-head bolts, ASTM A 307, Grade A; with hex nuts, ASTM A 563; and, where indicated, flat washers.

C. Steel Bolts and Nuts (Weathering): Regular hexagon-head bolts, ASTM A 325, Type 3; with hex nuts, ASTM A 563, Grade C3; and, where indicated, flat washers.

D. Stainless-Steel Bolts and Nuts: Regular hexagon-head annealed stainless-steel bolts, ASTM F 593; with hex nuts, ASTM F 594; and, where indicated, flat washers; Alloy Group 1.

E. Anchor Bolts: ASTM F 1554, Grade 36, of dimensions indicated; with nuts, ASTM A 563; and, where indicated, flat washers.

1. Hot-dip galvanize or provide mechanically deposited, zinc coating where item being fastened is indicated to be galvanized.

F. Anchors, General: Anchors capable of sustaining, without failure, a load equal to six times the load imposed when installed in unit masonry and four times the load imposed when installed in concrete, as determined by testing according to ASTM E 488/E 488M, conducted by a qualified independent testing agency.

G. Cast-in-Place Anchors in Concrete: Either threaded type or wedge type unless otherwise indicated; galvanized ferrous castings, either ASTM A 47/A 47M malleable

TP - 78

iron or ASTM A 27/A 27M cast steel. Provide bolts, washers, and shims as needed, all hot-dip galvanized per ASTM F 2329.

H. Post-Installed Anchors: chemical anchors.

1. Material for Interior Locations: Carbon-steel components zinc plated to comply with ASTM B 633 or ASTM F 1941, Class Fe/Zn 5, unless otherwise indicated.

2. Material for Exterior Locations and Where Stainless Steel Is Indicated: Alloy Group 1 stainless-steel bolts, ASTM F 593, and nuts, ASTM F 594.

2.03 MISCELLANEOUS MATERIALS
A. Anti-Corrosive Shop Primer: Either of following, compatible with finish paints specified to be used over it; use primer containing pigments that make it easily distinguishable from zinc-rich primer:

1. Anti-Corrosive Alkyd Primer for Metal: Fast-curing, lead- and chromate-free, universal modified-alkyd primer complying with MPI#79 and compatible with topcoat.

2. Rust-Inhibitive, Water-Based Primer: Emulsion type, anticorrosive primer for mildly corrosive environments that is resistant to flash rusting when applied to cleaned steel, complying with MPI#107 and compatible with topcoat.

B. Zinc-Rich Primer: Either of following, compatible with finish paints specified to be used over it:

1. Organic Zinc-Rich Primer: Solvent based, one component, anti-corrosive primer for complying the MPI#18.

2. Inorganic Zinc-Rich Primer: Inorganic based, anti-corrosive primer complying the MPI#19.

3. Epoxy Zinc-Rich Primer: Solvent based, two or three component, epoxy type complying with MPI#20.

C. Shop Primer for Galvanized Steel: Primer formulated for exterior use over zinc-coated metal and compatible with finish paint systems indicated.

D. Galvanizing Repair Paint: High-zinc-dust-content paint complying with SSPC-Paint 20 and compatible with paints specified to be used over it.

E. Bituminous Paint: Cold-applied asphalt emulsion complying with ASTM D 1187/D 1187M.

F. Nonshrink, Nonmetallic Grout: Factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107/C 1107M. Provide grout specifically recommended by manufacturer for interior and exterior applications.

TP - 79

G. Concrete: Comply with requirements in Section 03 30 00 "Cast-in-Place Concrete" for normal-weight, air-entrained, concrete with a minimum 28-day compressive strength of 3000 psi.

2.04 FABRICATION, GENERAL
A. Shop Assembly: Preassemble items in the shop to greatest extent possible.

Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated installation.

B. Cut, drill, and punch metals cleanly and accurately. Remove burrs and ease edges to a radius of approximately 1/32 inch unless otherwise indicated. Remove sharp or rough areas on exposed surfaces.

C. Form bent-metal corners to smallest radius possible without causing grain separation or otherwise impairing work.

D. Form exposed work with accurate angles and surfaces and straight edges.

E. Weld corners and seams continuously to comply with the following:

1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals.

2. Obtain fusion without undercut or overlap.

3. Remove welding flux immediately.

4. At exposed connections, finish exposed welds and surfaces smooth and blended so no roughness shows after finishing and contour of welded surface matches that of adjacent surface.

F. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners or welds where possible. Where exposed fasteners are required, use Phillips flat-head (countersunk) fasteners unless otherwise indicated. Locate joints where least conspicuous.

G. Fabricate seams and other connections that are exposed to weather in a manner to exclude water. Provide weep holes where water may accumulate.

H. Cut, reinforce, drill, and tap metal fabrications as indicated to receive finish hardware, screws, and similar items.

I. Provide for anchorage of type indicated; coordinate with supporting structure. Space anchoring devices to secure metal fabrications rigidly in place and to support indicated loads.

J. Where units are indicated to be cast into concrete or built into masonry, equip with integrally welded steel strap anchors, 1/8 by 1-1/2 inches, with a minimum 6-inch

TP - 80

embedment and 2-inch hook, not less than 8 inches from ends and corners of units and 24 inches o.c., unless otherwise indicated.

2.05 STEEL SUPPORT FRAMING FOR COUNTERTOPS
A. Fabricate "L" shaped steel tube weldments from two 24-inch lengths of 2-inch square, 3/16-inch wall steel tube. Attached tube, end to side, at 90-degree angle; butt weld joint all around.

1. Provide longer tube leg if indicated on Drawings. B.

Shop Finish:

1. Anti-corrosive primer.

2.06 STEEL FRAMING AND SUPPORTS FOR MECHANICAL AND ELECTRICAL

EQUIPMENT
A. General: Provide steel framing and supports not specified in other Sections as needed to complete the Work.

B. Fabricate units from steel shapes, plates, and bars of welded construction unless otherwise indicated. Fabricate to sizes, shapes, and profiles indicated and as necessary to receive adjacent construction.

1. Fabricate units from slotted channel framing where indicated.

2. Furnish inserts for units installed after concrete is placed.

C. Shop Finish:

1. For Interior Dry Environment Locations: Anti-corrosive primer.

2. Exception: Primer not required where framing is completely concealed in interior wall or ceiling construction.

2.07 STEEL FRAMING AND SUPPORTS FOR APPLICATIONS WHERE FRAMING AND

SUPPORTS NOT SPECIFIED IN OTHER SECTIONS
A. General: Provide steel framing and supports not specified in other Sections as needed to complete the Work.

B. Fabricate units from steel shapes, plates, and bars of welded construction unless otherwise indicated. Fabricate to sizes, shapes, and profiles indicated and as necessary to receive adjacent construction.

1. Fabricate units from slotted channel framing where indicated.

2. Furnish inserts for units installed after concrete is placed.

TP - 81

C. Shop Finish:

1. For Interior Dry Environment Locations: Anti-corrosive primer.

2. Exception: Primer not required where framing is completely concealed in interior wall or ceiling construction.

FINISHES, GENERAL
D. Finish metal fabrications after assembly.

E. Finish exposed surfaces to remove tool and die marks and stretch lines, and to blend into surrounding surface.

2.08 STEEL AND IRON FINISHES
A. Galvanizing: Hot-dip galvanize items as indicated to comply with ASTM A 153/A 153M for steel and iron hardware and with ASTM A 123/A 123M for other steel and iron products.

1. Do not quench or apply post galvanizing treatments that might interfere with paint adhesion.

B. Preparation for Shop Priming Galvanized Items: After galvanizing, thoroughly clean items of grease, dirt, oil, flux, and other foreign matter, and treat with metallic phosphate process.

C. Shop prime iron and steel items not indicated to be galvanized unless they are to be embedded in concrete, sprayed-on fireproofing, or masonry, or unless otherwise indicated.

D. Preparation for Shop Priming: Prepare surfaces to comply with requirements indicated below:

1. Items Indicated to Receive Anti-Corrosive Shop Primer: SSPC-SP 3, "Power Tool Cleaning."

2. Items Indicated to Receive Zinc-Rich Primer: SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning."

3. Items Indicated to Receive Primers Specified in Section 09 96 00 "High-Performance Coatings": SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning."

4. Other Items: SSPC-SP 3, "Power Tool Cleaning."
E. Shop Priming: Apply shop primer to comply with SSPC-PA 1, "Paint Application Specification No. 1: Shop, Field, and Maintenance Painting of Steel," for shop painting.

1. Stripe paint corners, crevices, bolts, welds, and sharp edges.

TP - 82

2.09 ALUMINUM FINISHES
A. As-Fabricated Finish: AA-M12.

B. Clear Anodic Finish: AAMA 611, Class I, AA-M12C22A41.

PART 3 - EXECUTION

3.01 INSTALLATION, GENERAL
A. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing metal fabrications. Set metal fabrications accurately in location, alignment, and elevation; with edges and surfaces level, plumb, true, and free of rack; and measured from established lines and levels.

B. Fit exposed connections accurately together to form hairline joints. Weld connections that are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. Do not weld, cut, or abrade surfaces of exterior units that have been hot-dip galvanized after fabrication and are for bolted or screwed field connections.

C. Field Welding: Comply with the following requirements:

1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals.

2. Obtain fusion without undercut or overlap.

3. Remove welding flux immediately.

4. At exposed connections, finish exposed welds and surfaces smooth and blended so no roughness shows after finishing and contour of welded surface matches that of adjacent surface.

D. Fastening to In-Place Construction: Provide anchorage devices and fasteners where metal fabrications are required to be fastened to in-place construction. Provide threaded fasteners for use with concrete and masonry inserts, toggle bolts, through bolts, lag screws, wood screws, and other connectors.

E. Provide temporary bracing or anchors in formwork for items that are to be built into concrete, masonry, or similar construction.

3.02 INSTALLING MISCELLANEOUS FRAMING AND SUPPORTS
A. General: Install framing and supports to comply with requirements of items being supported, including manufacturers' written instructions and requirements indicated on Shop Drawings.

3.03 ADJUSTING AND CLEANING

TP - 83

A. Touchup Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas. Paint uncoated and abraded areas with the same material as used for shop painting to comply with SSPC-PA 1 for touching up shop-painted surfaces.

1. Apply by brush or spray to provide a minimum 2.0-mil dry film thickness.

B. Touchup Painting: Cleaning and touchup painting of field welds, bolted connections, and abraded areas of shop paint are specified in Section 09 91 13 "Exterior Painting." C. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTM A 780/A 780M.

END OF SECTION 05 50 00

TP - 84

DIVISION 06 WOOD, PLASTICS AND COMPOSITES
SECTION 06 10 53 - MISCELLANEOUS ROUGH CARPENTRY
PART 1 - GENERAL

1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

1.02 SUMMARY
A. Section Includes:

1. Wood blocking - Architectural work.

2. Wood blocking - Utility work.

3. Wood nailers - Architectural work.

4. Wood nailers - Utility work.

5. Equipment backing panels, interior exposure - Architectural work.

6. Fasteners.

7. Metal framing anchors.

8. Adhesives.

9. Separator sheeting. B. Related Requirements:

1. Section 06 16 00 "Sheathing" for sheathing, subflooring, and underlayment.

1.03 REFERENCES A.

Acronyms:

1. WCLIB - West Coast Lumber Inspection Bureau.

2. WWPA - Western Wood Products Association. B.

Definitions:

1. Applications:
a. Architectural Work: Applications for carpentry work requiring a greater degree of precision, less warp, less bow, fewer knots and other defects which may affect finish tolerances and other performance of the Work. b. Utility Work: Applications for carpentry where economy is of greater importance than precision and performance of the Work; temporary rough carpentry.

TP - 85

2. Blocking: Wood material typically concealed in other construction used to secure, join, or reinforce members, or to fill spaces between them, or to attach other construction such as fixtures, accessories, casework, and other materials.

3. Boards or Strips: Lumber of less than 2 inches nominal size in least dimension.

4. Dimension Lumber: Lumber of 2 inches nominal or greater size but less than 5 inches nominal size in least dimension.

5. Nailer: Wood pieces attached to a surface, used as a base for fastening another material.

1.04 ACTION SUBMITTALS
A. Product Data: For each type of process and factory-fabricated product. Indicate component materials and dimensions and include construction and application details.

1. Include data for fire-retardant treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements.

Include physical properties of treated materials based on testing by a qualified independent testing agency.

2. For fire-retardant treatments, include physical properties of treated lumber both before and after exposure to elevated temperatures, based on testing by a qualified independent testing agency according to ASTM D 5664.

1.05 INFORMATIONAL SUBMITTALS
A. Evaluation Reports: For the following, from ICC-ES:

1. Fire-retardant-treated wood.

2. Metal framing anchors.

1.06 QUALITY ASSURANCE
A. Testing Agency Qualifications: For testing agency providing classification marking for fire-retardant-treated material, an inspection agency acceptable to authorities having jurisdiction that periodically performs inspections to verify that the material bearing the classification marking is representative of the material tested.

1.07 DELIVERY, STORAGE, AND HANDLING
A. Stack lumber flat with spacers beneath and between each bundle to provide air circulation. Protect lumber from weather by covering with waterproof sheeting, securely anchored. Provide for air circulation around stacks and under coverings.

PART 2 - PRODUCTS

TP - 86

2.01 WOOD PRODUCTS, GENERAL
A. Named Wood Species: Lumber species named in this Section may be known by other names (e.g. Idaho white pine may also be known as Western white pine or White pine). Provide named species or same species as known by another name that can be verified in an authoritative reference such as "The Encyclopedia of Wood", Sterling Publishing Co., Inc.

B. Lumber: DOC PS 20 and applicable rules of grading agencies indicated. If no grading agency is indicated, provide lumber that complies with the applicable rules of any rules-writing agency certified by the ALSC Board of Review. Provide lumber graded by an agency certified by the ALSC Board of Review to inspect and grade lumber under the rules indicated.

1. Factory mark each piece of lumber with grade stamp of grading agency.

2. For exposed lumber indicated to receive a stained or natural finish, mark grade stamp on end or back of each piece.
a. If acceptable with Authorities having Jurisdiction, markings may be omitted if certificates of grade compliance issued by grading agency are submitted.

3. Dress lumber, S4S, unless otherwise indicated.

C. Maximum Moisture Content of Lumber: