Lakewood City Council
December 10, 2024

AGENDA

REGULAR CITY COUNCIL MEETING

COUNCIL CHAMBERS
5000 CLARK AVENUE

LAKEWOOD, CALIFORNIA
December 10, 2024
RECEPTION: “Lakewood Celebrates . . .” 5:45 p.m.

CALL TO ORDER 7:30 p.m.

INVOCATION: Reverend Tamara John, Christ Presbyterian Church Lakewood PLEDGE OF ALLEGIANCE: Troop 65
ROLL CALL: Mayor Todd Rogers
Vice Mayor Cassandra Chase
Council Member David Arellano
Council Member Steve Croft
Council Member Jeff Wood
ANNOUNCEMENTS AND PRESENTATIONS:

ROUTINE ITEMS:

All items listed within this section of the agenda are considered to be routine and will be enacted by one motion without separate discussion. Any Member of Council may request an item be removed for individual discussion or further explanation. All items removed shall be considered immediately following action on the remaining items.

RI-1 MEETING MINUTES - It is recommended City Council approve Minutes of the Meetings held November 12, November 16, and November 26, 2024.

RI-2 PERSONNEL TRANSACTIONS - It is recommended City Council approve report of personnel transactions.

RI-3 REGISTERS OF DEMANDS - It is recommended City Council approve registers of demands.

RI-4 RESOLUTION NO. 2024-66; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD RESCINDING A RESOLUTION ESTABLISHING DISABLED PERSON DESIGNATED PARKING - It is recommended City Council adopt the proposed resolution.

RI-5 APPROVAL OF CONTRACT FOR 2025 CIVIC CENTER BLOCK PARTY FIREWORKS DISPLAY - It is recommended City Council approve public fireworks display offered as component of Civic Center Block Party at Lakewood Center, Saturday, June 28, 2025 and authorize City Manager sign contract with Fireworks & Stage FX America, LLC, not to exceed $19,000.

City Council Agenda
December 10, 2024

RI-6 APPROVAL OF REIMBURSEMENT AGREEMENT WITH CENTRAL BASIN MUNICIPAL WATER DISTRICT (CBMWD) FOR A LEAK DETECTION EQUIPMENT GRANT - It is recommended City Council authorize Mayor to sign Reimbursement Agreement with CBMWD, for leak detection equipment grant, and authorize issuance of purchase order with FCS for not-toexceed amount of $50,000.

RI-7 RESOLUTION NO. 2024-67; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH THE

CALIFORNIA FRANCHISE TAX BOARD FOR PARTICIPATION IN THE CITY/COUNTY BUSINESS TAX PROGRAM - It is recommended City Council adopt proposed resolution authorizing City Manager or designee to enter agreement with Franchise Tax Board for City’s participation in City/County Business Tax Program (CCBTP).

RI-8 PURCHASE OF ONE 2024 FORD F-550 REGULAR CAB TRUCK WITH TRAFFIC SAFETY BODY - It is recommended City Council authorize additional appropriation of $75,500 from General Fund and authorize purchase of one 2024 Ford F-550 regular cab truck with traffic safety body at contract price of $150,500 from Norm Reeves Ford of Cerritos, CA.

PUBLIC HEARINGS:

1.1 RESOLUTION NO. 2024-68; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD AUTHORIZING THE ENTRY INTO AND EXECUTION OF AN ENERGY

SERVICES CONTRACT WITH SOUTHLAND INDUSTRIES AND MAKING RELATED FINDINGS AND DETERMINATIONS; RESOLUTION NO. 2024-69; A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF LAKEWOOD AUTHORIZING THE EXECUTION AND

DELIVERY OF A LEASE PURCHASE AGREEMENT AND AN ESCROW AGREEMENT

WITH RESPECT TO THE ACQUISITION, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS REQUIRED IN CONNECTION THEREWITH; DECLARING

THE INTENTION TO REIMBURSE EXPENDITURES FROM THE PROCEEDS OF THE LEASE PURCHASE AGREEMENT; AND AUTHORIZING THE TAKING OF ALL OTHER

ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION [Continued from September 10, October 8, and November 12, 2024.] - It is recommended City Council conduct public hearing to consider adopting resolution approving certain findings for energy related improvements to City facilities and authorizing entry into Energy Services Performance Contract with Southland Industries for construction of energy conservation measures; and adopt resolution approving certain findings for energy related improvements to City facilities and authorizing entry into Energy Services Performance Contract in amount of $14,149,323 with Southland Industries for construction of energy conservation measures; and adopt resolution authorizing execution and delivery of lease purchase agreement with TD Bank and escrow agreement with U.S. Bank National Association with respect to acquisition, financing and leasing of certain equipment for public benefit; authorizing the execution and delivery of documents required in connection therewith; declaring intention to reimburse expenditures from proceeds of lease purchase agreement; declaring intention to reimburse prior expenditures on project with proceeds of lease purchase agreement; and authorizing taking of all other actions necessary to consummation of transactions contemplated by this resolution; and authorize on-call professional services agreements with PBK Architects, DBA LEAF Engineers and IDS Group Inc. in form approved by City Attorney; and authorize proposal from PBK Architects, DBA LEAF Engineers for consulting services for project in amount of $391,856; and authorize project contingency from General Fund in amount of $958,819.

City Council Agenda
December 10, 2024

In compliance with the Americans with Disabilities Act, if you are a qualified individual with a disability and need an accommodation to participate in the City Council meeting, please contact the City Clerk’s Office, 5050 Clark Avenue, Lakewood, CA, at 562/866-9771, ext. 2200; or at [email protected] at least 48 hours in advance to ensure that reasonable arrangements can be made to provide accessibility to the meeting.

Agenda items are on file in the Office of the City Clerk, 5050 Clark Avenue, Lakewood, and are available for public review during regular business hours. Any supplemental material distributed after the posting of the agenda will be made available for public inspection during normal business hours in the City Clerk’s Office. For your convenience, the agenda and the supporting documents are available in an alternate format by request and are also posted on the City’s website at www.lakewoodcity.org REPORTS:

3.1 CONSIDERATION OF OPTIONS RE THE CONTINUED OPERATION OF STABLES AT THE LAKEWOOD EQUESTRIAN CENTER PROPERTY - It is recommended City Council authorize Mayor and City Clerk to execute City of Lakewood Recreation Lease Agreement for Lakewood Equestrian Center and City of Lakewood Equipment Rental Agreement for Lakewood Equestrian Center with Pilmore Equestrian LLC, owned by Cynthia Flavin, subject to approval as to legal form by the City Attorney; and appropriate $150,000 from general fund to contract for facility improvements at Lakewood Equestrian Center, improvements to be prioritized by City staff based on availability of funding.

AGENDA

LAKEWOOD SUCCESSOR AGENCY

1. APPROVAL OF RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR JULY 1, 2025 THROUGH JUNE 30, 2026 – ROPS 25-26 AND ADMINISTRATIVE BUDGET FY 2025-26 - It is recommended City Council approve the Recognized Obligations Payment Schedule for July 1, 2025 through June 30, 2026 – ROPS 25-26 and the Administrative Budget for FY 2025-26.

AGENDA

LAKEWOOD HOUSING SUCCESSOR AGENCY

1. REGISTER OF DEMANDS - It is recommended Housing Successor Agency approve registers of demands.

ORAL COMMUNICATIONS:

ADJOURNMENT

City of Lakewood
Presents
Celebrate Freedom
A Fireworks Extravaganza
June 28th, 2025
Produced by
"The Difference Is Quality"
City of Lakewood
Celebrate Freedom
June 28th, 2025
Opening Announcement Aerial Grand Finale
Program Program
A A
Aerial Titanium Flash Salutes Color/Multicolor Finale
3" 10 3" 300
Color & Multi-Color Finale Shells
3" 10 Totals
Program
Main Show A
Color, Multi-Color, Flitter, Glitter, Shells
Electric Color & Color Changing Shells 3" 700
3" 220 Total Shells 700
Distinctive & Unique Aerial Shells Grand Totals 700
3" 160
Running Time in Minutes

15.0 Price
Program A
Total Cost $19,000.00
City of Lakewood
Show Concept, Services List,
and Miscellaneous Details
Services List:

Fireworks America to Provide:
1) Fire Permit Filings as Required 1) A Suitable Firing Site 2) Storage and Delivery of fireworks 2) Adequate Security for Firing Site 3) All Equipment to produce the display 3) Permit Fees
4) Insurance Aggregate amount of 4) Standby Firefighter Fees, if req'd $6,000,000 (Combined Single Limits) 5) Sound System and Playback 5) Worker's Compensation Insurance 6) Adequate Permit Time as (Statute) listed below.
6) Sound Track 7) Suitable Restroom and Handwash
7) Choreography facilities for the crew
8) Cleanup of Mall Parking Lot After Show
Minimum Time Required
Fireworks America will provide permitting services on your behalf. There are minimum times required to pull these permits. Contracts and deposits must be signed and back to us prior to starting these services. Here are the minimum permit times.

Land Based Shows based require a minimum of 30 days to permit based on Local and State Ordinance, FAA and other requirements.

Water based shows require a minimum of 60 days to permit based on all of the above PLUS Coast Guard requirements.

Please plan your show accordingly.

Operators and Assistants:

Fireworks America will provide the services of a State Licensed Pyrotechnic Operator and experienced crew to fire your display. The entire crew will be covered under Fireworks America's Worker's Compensation Insurance.

Continued
City of Lakewood to Provide:

Payment Terms:

Method of Discharge:

Choreography:
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display
The show will be fired electrically. Each fireworks event will have its own ignitor for precise timing. Fireworks America will provide the firing panel, cable, distribution system and power for the show.

The program will be choreographed utilizing the latest innovation in computerized-fireworks choreography. This will allow maximum accuracy in firing and timing of the display. The fireworks will follow the music precisely and provide an exhilarating experience for the viewer.

Fireworks & Stage FX America, LLC
dba: Fireworks America
PO Box 488
Lakeside, CA 92040
619-938-8277
619-938-8273 Fax
1) This Contract, entered into this 12th day of November, 2024, by and between FIREWORKS & STAGE FX AMERICA, LLC., dba FIREWORKS AMERICA, a California Corporation, duly licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the State of California, hereinafter referred to as "FA" and CITY OF LAKEWOOD hereinafter referred to as "BUYER".
2) FA agrees to furnish BUYER, in accordance with the terms and conditions set forth herein, One (1) fireworks/special effects display(s) as per Program A, submitted, accepted and made part hereof, and the services of a licensed pyrotechnic operator who will be in charge of the execution of said display unless otherwise agreed in writing. This display is to be performed on June 28th, 2025, located at 500 Lakewood Center Mall, Lakewood, CA 90712.

The time of the display is to be at: 9:10PM
3) BUYER agrees to pay FA the sum of: Nineteen Thousand Dollars and No Cents ($19,000.00), per the following terms:
50% of the Sum is to be paid to FA at the signing of the Contract,Balance Net 10 Days After Display 4) Should the BUYER default on these payment terms, a finance charge at a rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is greater, will be charged and accrued on the unpaid balance of the Contract until the Contract is satisfied.

FA is hereby authorized to receive BUYER's financial information from any person or entity for the purpose of verifying BUYER's ability to pay.
5) BUYER, at its expense, agrees to provide FA a suitable DISPLAY SITE in which to stage, setup and fire the display. This DISPLAY SITE will incorporate an appropriate fallout zone, which has to be approved by FA, and that will fulfill any requirements set forth by any governing legal authority. Should the proposed site require the involvement of specialized equipment, watercraft or clean up, BUYER agrees to provide said equipment and labor at BUYER's expense.

Fireworks America Public Display Contract
6) BUYER, at its expense, agrees to provide adequate security to prevent any access to the DISPLAY SITE by members of the general public or any persons not expressly approved by FA. Any claim arising from damage to persons or property caused by any unauthorized access to the DISPLAY SITE is the sole responsibility of the BUYER. Should a multiple day setup be required, BUYER shall provide appropriate security during all the times FA is away from the DISPLAY SITE. 7) BUYER, at its expense, agrees to pay for any required "standby" Firemen, and/or any applicable permit costs and fees as required by state and local statutes, ordinances or regulations.

BUYER agrees to indemnify FA for any and all changes or adjustments made to the DISPLAY at the request of any governing legal authority.
8) BUYER, at its expense, shall provide FA sufficient parking, all necessary site and event passes and allow FA sufficient time and available access, as determined by FA, to safely and professionally setup and discharge the display and subsequently remove the display equipment from the DISPLAY SITE. 9) Should BUYER fail to comply or prove itself unable to comply with the requirements stated in paragraphs 5, 6, 7 and 8 herein, FA shall have no obligation to continue with the performance of the display and the BUYER agrees to pay the full contract price plus any additional associated expenses incurred by FA.
10) BUYER agrees to assume the risk of weather, or any other cause that is beyond FA’s control, that may prevent the display from being discharged on the scheduled date and time. In the event that FA, at its sole discretion, determines that the weather unsuitable for the discharge of the display, BUYER shall pay per the cancellation terms contained in paragraph 11 herein. 11) BUYER shall have the option to cancel this display at any time. If BUYER decides to cancel, BUYER agrees to pay to FA 35% of the display contract price and all other associated costs incurred by FA, including, but not limited to, permits, insurance, pyrotechnic operator's fee, transportation, choreography, custom design or any other provable expense associated with the execution of the Display. 12) BUYER agrees to hold FA harmless from all claims and penalties made against FA in the event that the display fails to start on time or is disrupted after commencement as a direct result of equipment or product malfunction or failure.
13) FA agrees to provide insurance coverage of Six Million Dollars, Bodily Injury and Property Damage and statutory limits for Worker's Compensation. This insurance covers the operations of FA only and does not extend to any other aspect of the event at which such a display may be held. FA’s operations are deemed complete when FA has vacated the premises.
14) Should BUYER fail to perform its obligations as set forth herein, BUYER agrees to indemnify, defend and hold FA harmless from all claims and suits made against FA in conjunction with the discontinuance or cancellation of the display.

Fireworks America Public Display Contract
15) FA agrees to defend, indemnify and hold harmless BUYER from and against all claims and liability arising out of the services to be performed by FA hereunder, except to the extent arising from BUYER'S negligence or willful misconduct.
16) The laws of the State of California shall govern this contract. It is agreed that any court of competent jurisdiction located in the County of San Diego, CA shall be proper venue for an action.

Should such action be brought to enforce or interpret the terms or provisions of this Contract, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
17) Nothing in this contract shall be construed as forming a partnership, joint venture, agency or any form of legal relationship, other than contractual, between BUYER and FA. Neither party shall be held responsible for any agreements or obligations not expressly provided for herein and shall be severally responsible for their own separate debts and obligations. 18) BUYER shall not under any circumstances, be entitled to recover any consequential damages from FA. Nothing in this paragraph shall be construed as a modification or limitation on the insurance coverages afforded in Paragraph 13 herein. 19) Buyer, at its expense, agrees to provide FA crews with suitable restroom and handwash facilities in the immediate area of the shooting/working location. 20) Other Considerations: NONE
21) This agreement shall be binding on the parties and on their heirs, executors, administrators, successors and assigns.

In Witness the parties hereto, by or through their duly authorized agents, have set their hands and seals this 12th day of November, 2024.

Fireworks & Stage FX America, LLC. City of Lakewood
By: Matt Biolchino By: __________________________
Title: Area Manager Title: _________________________
Signature: _____________________ Signature: _____________________

4876-4605-8977 v3

REIMBURSEMENT AGREEMENT
Between

CENTRAL BASIN MUNICIPAL WATER DISTRICT
And

CITY OF LAKEWOOD

FOR LEAK DETECTION EQUIPMENT PROGRAM
This Agreement is made and entered into as of this December 10, 2024, by and between CENTRAL BASIN MUNICIPAL WATER DISTRICT (hereinafter designated "CBMWD") and CITY OF LAKEWOOD (hereinafter designated "CITY").

RECITALS
A. WHEREAS, CBMWD is a municipal water district organized and operating under the Municipal Water District Law of 1911 (Water Code Section 71000 et seq.) providing water service to 26 cities within the Central Basin aquifer; B. WHEREAS, CITY is a municipality in the County of Los Angeles and receives water service from CBMWD.

C. WHEREAS, CBMWD and CITY desire to enter into this Agreement to reimburse, either partially or wholly, CITY for CITY’s leak detection equipment program (“Program”);
D. WHEREAS, Metropolitan Water District (“MWD”) gives its member agencies, including CBMWD, funds to complete leak detection and repair projects throughout its service area, which includes CITY;
E. WHEREAS, CBMWD receives the reimbursement amount from MWD once receiving CITY’s supporting documentation of costs incurred.; F. WHEREAS, both parties acknowledge that CITY is not eligible to receive reimbursement from MWD and CBMWD if they fail to timely submit the required information to CBMWD.

COVENANTS
NOW, THEREFORE, in consideration of the foregoing Recitals, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, CBMWD and CITY (also referred to as the "Parties") hereby agree as follows:
4876-4605-8977 v3

1. “Leak Detection Equipment Program” definition: As used here “Leak Detection Equipment Program” is conducted by CITY to enhance water use efficiency by installing Leak Detection Equipment around the Lakewood Mall which is a large water use area within the City. It is further described in Exhibit A, which is attached and incorporated.

2. Cost of the Program: CITY estimates the Project will cost $50,120.75. An estimated cost breakdown is provided in Exhibit A.

3. Receiving Payment: CBMWD will reimburse CITY up to $50,000 for the Project depending on the supporting documents received within six months of project completion date. Once CBMWD receives the supporting documents from CITY, CBMWD will forward those documents to MWD for their analysis. MWD will then review the supporting documents and remit the funds eligible for reimbursement to CBMWD. CBMWD will then reimburse CITY for the Program.

4. Supporting Documentation: CBMWD will not provide CITY with monies for Project that were not timely submitted to CBMWD. CITY will provide documentation which includes but is not limited to invoices, plans, photos, updates, materials used, and cost incurred, competitive pricing, and all other information related to the Project. The District and the City will have meetings on an as-needed basis.

In the event that additional work is required to complete the Project, CITY must outline and provide documents to CBMWD justifying the increased cost.

5. Term: The Project must be completed by March 30, 2025. This Agreement is effective once signed by CBMWD and CITY and continues through June 30, 2025, or until an addendum is approved and implemented by CBMWD and signed by CITY.

6. Indemnification: CBMWD and CITY each shall indemnify, defend and save harmless each other and their officers, employees and agents from and against all loss, cost, damages, expenses (including but not limited to reasonable engineer’s and attorney’s fees), claims, or demands arising from injury to person or property, from that party’s own negligence, acts or omissions in the performance of this Agreement of this Agreement.

7. Notices: Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated.

A. Upon personal delivery;
B. Upon overnight courier upon written verification of receipt; C. Within five days after mailing by certified or registered mail, return receipt requested, addressed as follows:
4876-4605-8977 v3
To CBMWD:

Central Basin Municipal Water District
P.O. Box 911579,
Los Angeles, CA 90091
Attn: Elaine Jeng
General Manager
Phone: (323) 270-6954
E-mail: [email protected]
If to the CITY:

City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
Attn: Derek Nguyen, Ph.D., P.E.

Director of Water Resources
Phone: (562) 886-9771 X 2701

8. Miscellaneous Provisions
A. COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as is reasonably necessary, as appropriate or convenient, to achieve the purposes of this Agreement.

B. PROHIBITED INTERESTS: CBMWD and CITY each warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CBMWD and CITY, to solicit or secure this Agreement. Further, CBMWD and CITY each warrants and represents that it they have not paid nor has it have they agreed to pay any company or person, other than a bona fide employee working solely for CBMWD and CITY, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CBMWD and CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CBMWD or CITY, during the term of his or her service with CBMWD or CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

C. FORCE MAJEURE: Any prevention, delay, nonperformance or stoppage due to any of the following causes shall excuse nonperformance for a period equal to such obligations imposed by this Agreement. The causes referred to above are strikes, walkouts, labor disputes, failure of power, irresistible superhuman cause, acts of public enemies of the State or United States, riots, insurrections, civil commotion, inability to obtain labor or material or reasonable substitutes for either, governmental restrictions or regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Agreement), casualties not contemplated by insurance provisions of this Agreement, or other causes beyond the reasonable control of the party obligated to perform.

D. GOVERNING LAW; VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively 4876-4605-8977 v3
in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

E. SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

F. NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

G. CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

H. SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

I. AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CBMWD approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

J. CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

K. INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement shall control.

L. COUNTERPARTS: This Agreement may be executed in two (2) original counterparts each of which shall be of equal force and effect. One counterpart shall be delivered to CITY and the other shall be retained by CBMWD. [SIGNATURES ON THE FOLLOWING PAGE]
4876-4605-8977 v3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written below, effective as of the date written above (“Effective Date”).

APPROVED:

Central Basin Municipal Water District
By: _______________________________
Elaine Jeng
Interim General Manager
Date: ________________
City of Lakewood
By: _______________________________

Mayor

APPROVED AS TO FORM:

By: ________________________________
Victor M. Ponto
Burke, Williams & Sorensen, LLP
General Counsel
Date: ________________
ATTEST:

By: _______________________________
City Clerk

APPROVED AS TO FORM:
__________________________________
City Attorney
Date: ________________
4876-4605-8977 v3

EXHIBIT A
Project Cost Estimate

Interest
Date Funding Payment @ 4.0000 Principal Balance
--------- ------------ ----------- ----------- ----------- ------------ 1/10/2025 10,500,000.00 10,500,000.00
1/10/2027 1,344,345.49 840,000.00 504,345.49 9,995,654.51 1/10/2028 1,344,345.49 399,826.18 944,519.31 9,051,135.20 1/10/2029 1,344,345.49 362,045.41 982,300.08 8,068,835.12 1/10/2030 1,344,345.49 322,753.40 1,021,592.08 7,047,243.04 1/10/2031 1,344,345.49 281,889.72 1,062,455.77 5,984,787.27 1/10/2032 1,344,345.49 239,391.49 1,104,954.00 4,879,833.27 1/10/2033 1,344,345.49 195,193.33 1,149,152.16 3,730,681.11 1/10/2034 1,344,345.49 149,227.24 1,195,118.24 2,535,562.87 1/10/2035 1,344,345.49 101,422.51 1,242,922.97 1,292,639.89 1/10/2036 1,344,345.49 51,705.60 1,292,639.89 -
------------ ----------- ----------- -----------
10,500,000.00 13,443,454.89 2,943,454.89 10,500,000.00
City of Lakewood, CA - Energy Retrofit Project Financing - 11 Year Term - Locked 11/26/24 # Internal
RESOLUTION NO. 2024-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEWOOD AUTHORIZING THE ENTRY INTO AND

EXECUTION OF AN ENERGY SERVICES CONTRACT WITH

SOUTHLAND INDUSTRIES AND MAKING RELATED

FINDINGS AND DETERMINATIONS
WHEREAS, the City of Lakewood (the “City”) desires to reduce energy costs at several facilities in the City, including the Arbor Yard, City Hall, the Centre, Bloomfield Park, Monte Verde Park, Mae Boyar Park, Biscailuz Park, Burns Community Center, and San Martin Park; and WHEREAS, the City is authorized pursuant to Sections 4217.10 through 4217.18 of the California Government Code (the "Act") to forgo standard procurement processes for an energy service contract if the City Council determines that the contract is in the best interest of the City and if the City Council finds that the anticipated cost to the City for thermal or electrical energy or conservation services provided by the energy conservation facility under the contract will be less than the anticipated marginal cost to the City of thermal, electrical, or other energy that would have been consumed by the City in the absence of those purchases; and WHEREAS, pursuant to the Act, the City proposes to enter into an energy services contract (the “Contract") with Southland Industries, a California General Stock Corporation (“Southland”) for the design, procurement and installation of energy efficient HVAC, lighting retrofits, electric upgrades, roof replacement and other conservation measures as defined in Government Code section 4217.11 at various City sites (collectively, the "Project"), and the City Council has determined that the Project is in the best interests of the City and the City Council has found that the anticipated cost to the City of the Project under the Contract will be less than the anticipated marginal cost to the City of the thermal, electrical, or other energy that would have been consumed by the City without the Project; and
WHEREAS, the City Council proposes to enter into the Contract with Southland substantially in the form presented to the City Council at this meeting; and WHEREAS, the Project is essential for the City to perform its governmental functions; and WHEREAS, pursuant to Government Code section 4217.12, the City Council has held a public hearing, public notice of which was given two weeks in advance, to receive public comment on the Contract.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:

Resolution No. 2024-68

SECTION 1. The City Council hereby finds, determines and resolves that all of the recitals above are true and correct.

SECTION 2. Pursuant to Government Code section 4217.12, based on projected financing costs and projected energy cost savings as summarized in the materials in support of this Resolution, the City Council finds and determines that the anticipated cost to the City of the conservation services provided under the Contract will be less than the anticipated marginal cost to the City of the thermal, electrical, or other energy that would have been consumed by the City without the Contract, and that the terms of the Contract are in the best interests of the City.

SECTION 3. The proposed form of the Contract presented at this meeting, and on file with the City Clerk, is hereby approved. The Mayor and the City Manager (each an “Authorized Official”) are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Contract in substantially said form, with such changes therein as an Authorized Official may require or approve, subject to the approval of the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof.

SECTION 4. Each Authorized Official, and the officers and employees of the City, are hereby authorized to take any and all actions and to execute and deliver any and all agreements, documents and certificates which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms of this Resolution. All actions to be taken by an Authorized Official may be taken by such Authorized Official or any assistant, deputy or designee, with the same force and effect as if taken by the Authorized Official. All actions previously taken by an Authorized Official or other officers of the City in furtherance of this Resolution are hereby ratified and approved.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and the same shall be effective immediately.

ADOPTED AND APPROVED THIS 10TH DAY OF DECEMBER, 2024.
___________________________________
Mayor
ATTEST:

City Clerk
1 CITY OF LAKEWOOD

PUBLIC WORKS CONTRACT
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
THIS AGREEMENT FOR DESIGN AND CONSTRUCTION SERVICES (“Agreement”) is made and entered into on ___________, by and between City of Lakewood (“City or Owner”), a California municipal corporation, and Southland Industries (“Contractor”), a California General Stock Corporation. City and Contractor may be referred to, sometimes individually or collectively, as “party” or “parties.”

RECITALS
A) City desires a public works project for CITYWIDE INFRASTRUCTURE IMPROVEMENTS (the “Project”), comprised of Electrical, HVAC, Roof Improvements – Various Sites, and held a Public Hearing on September 10, 2024, continued to December 10, 2024, and adopted a resolution setting forth findings required by Government Code section 4217.12 regarding anticipated energy cost savings and other benefits from entering into an energy service contract for the design, procurement and installation of energy efficient HVAC, lighting retrofits, electric upgrades, roof replacement and other infrastructure upgrades at certain City sites designated therein.

B) City desires to retain Contractor, on an independent Contractor basis, for the Project, as more particularly described below.

C) Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

D) Pursuant to City of Lakewood Municipal Code and California state law, City has authority to enter into and execute this Agreement.

E) The parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Parties
a. City of Lakewood, a municipal corporation, 5050 Clark Avenue, Lakewood, California, and all officers and employees thereof, as well as any contractual agent of City and the employees of said contractual agency performing any function of said public works project by and on behalf of City of Lakewood.
b. "Contractor" shall mean
2 Name: Southland Industries, a California General Stock Corporation Address: 12131 Western Avenue, Garden Grove, CA 92841
and all agents and employees and subcontractors, and the agents and employees of the subcontractors of Contractor.

2. WORKMANSHIP
Contractor is licensed by the California Contractor’s State License Board, License No. 114040, in good standing, in Classes B, C4, C16, C20, C36, C38 and C43. Contractor shall maintain this license in good standing during the entirety of this Agreement.

Contractor shall notify City of any lapse in this license and shall immediately stop work until the lapse is cured. Any time or cost incurred because of said lapse shall be the sole responsibility of Contractor.

The Project shall be performed in accordance with the professional standards applicable to projects, buildings, or work of complexity, quality, and scope comparable to the Project and shall be executed in accordance with the Contract Documents in a workmanlike manner. All materials used in the Project shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Project and shall be new except such materials as may be expressly provided in the Contract Documents to be otherwise.

In the event the Project includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of Contractor to examine the items so provided and thereupon handle, store and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation.

Loss or damage due to acts or omissions of Contractor shall be the responsibility of Contractor and may be deducted from any amounts due or to become due Contractor.

Any defects discovered in such materials or equipment shall be reported at once to City.

Following receipt of written notice from Contractor of defects, City shall promptly inform Contractor what action, if any, Contractor shall take with regard to the defects.

3. Labor Compliance
a. Public Work. The parties acknowledge that the Project is a public work as defined in Labor Code section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The Project is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
b. Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor must be registered with, and pay an annual fee to, the DIR prior to and during the 3 performance of any work under this Agreement. Contractor DIR Registration Number is 1000000657.
c. Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code section 1771. Pursuant to Labor Code section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and on the DIR website at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. d. Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit the sum of $200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor. e. Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code section 1776, which requires Contractor: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Labor Code section 1776; certify and make such payroll records available for inspection as provided by Labor Code section 1776; and inform City of the location of the records. Contractor shall submit all required reporting and records directly to the DIR.
f. Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
g. Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code section 1810. Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Contractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of 4 Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay. h. Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by City. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
i. Workers’ Compensation. California Labor Code sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code section 1861 and Section 5.1 and 5.2 of this Agreement, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
j. Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement.

Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor. Any ineligible Contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

4. Scope of Work
a. Contractor agrees at its own cost and expense to do all the work and furnish all design, engineering, labor, materials, and equipment necessary to construct and 5 complete in a good workmanlike, and substantial manner, the public works project in accordance with the provisions of this Agreement which are hereby specially referred to and by reference made a part hereof. The Scope of Work is detailed in Exhibit 2, Attachment B, Scope of Work. Contractor shall also furnish construction administration and management services and perform the work in an expeditious manner consistent with the Contract Documents. City and Contractor shall endeavor to promote harmony and cooperation among all Project participants. b. City hereby promises and agrees with Contractor to employ, and does hereby employ, Contractor to provide the materials and do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions hereinafter set forth.
c. Contractor shall be responsible for the supervision and coordination of the work, including the design services, construction means, methods, techniques, sequences, and procedures utilized, unless the Contract Documents give other specific instructions.
d. Contractor shall perform work only within locations allowed by the Contract Documents, applicable permits, and applicable local law. It is the responsibility of Contractor to conform the Work to Applicable Laws at all times. The possibility of changes in one or more Applicable Laws after the date of execution of the Agreement is the sole responsibility of Contractor and no additional compensation will be allowed therefore.
e. Neither Contractor nor any of its agents or employees shall act on behalf of or in the name of City except as provided in this Agreement or unless authorized in writing by City's Representative.

5. Contract Price
Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the aforesaid work, or from the action of the elements, or from any difficulties or obstructions which may arise or be encountered in the prosecution of the work, (Force Majeure as defined in the Green Book Section 6-4.1) until its acceptance by City, and for all expenses incurred, or as a consequence of the suspension or discontinuance of the work (subject to Section 17 hereunder); and for well and faithfully completing the work, and the whole thereof in the manner according to the plans and specifications thereof and this Agreement, the sum of Fourteen Million, One-Hundred Forty-Nine Thousand, Three-Hundred Twenty-Five Dollars ($14,149,325), as further defined in Exhibit 2, Attachment A, attached hereto and incorporated herein.

6. Payments to Contractor
Each month during the progress of the work, Contractor shall submit to City a complete 6 itemized statement of all work completed during the preceding month, and the portion of the contract sum applicable thereto. Said itemized statement shall be made as stated below, in accordance Section 7-3 of the “Greenbook,” and the Schedule of Values listed in said Exhibit 2, Attachment A; and is subject to satisfactory incremental completion of the Work as solely determined by City.

If there is no specific bid item for a particular item of work, full compensation for such work shall be considered as included in the prices bid and compensation period for other items of work.

Before Contractor shall be entitled to payment, Contractor shall execute and file with City certain releases, which comply with Section 3262 of the Civil Code and which are acceptable to City, releasing City from all claims or liability relating to undisputed contract amounts for work performed in relation to said amounts as follows:
a. First Progress Payment - A conditional release applicable to the payment being requested is required.
b. Subsequent Progress Payments - An unconditional release applicable to all previous payments and a conditional release applicable to the payment being requested. The final progress payment will not be released until Contractor returns the control set of Building Plans and Specifications showing the as-constructed conditions.
c. Release of Retention - An unconditional release applicable to all previous payments.

In the case of contracts involving one or more subcontractors, Contractor shall file with City certain releases as described above, in the manner described above, for each subcontractor and/or material supplier applicable to the work as proportioned in the accepted Schedule of Values, where payment is being requested by or has been made previously to Contractor.

A five percent (5%) retention will be deducted from all payments. City shall hold retainage from Contractor and shall make prompt and regular incremental acceptances of portions, as determined by City, of the Contract work, and pay retainage to Contractor based on these acceptances. Contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by City. Federal law (49 CFR Section 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with City’s prior written approval. Any violation of this provision shall subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by Contractor, deficient subcontract performance, or noncompliance by a subcontractor.
7 In conformance with Public Contract Code Section 22300, Contractor may substitute securities for any monies withheld by City to ensure performance under the Contract Agreement.

At the request and expense of Contractor, Contractor has the option to deposit securities, which have been approved by City, and deposited with a State or Federally chartered bank as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by City, pursuant to the construction contract. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive interest thereon. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When Contractor deposits City approved securities with the escrow agent, the escrow agent shall notify City within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify Contractor and require additional securities and/or cash to be submitted for City approval, and be held in the escrow account to meet Contractor's obligations. Said securities shall be held by the escrow agent until such time as the escrow agent receives written notification from City that Contractor has satisfactorily completed its contract obligations.

Alternatively, Contractor may request and the shall make payment of retention earned directly to the escrow agent at the expense of Contractor. Contractor may direct the investment of the payment into securities and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor.

The type of securities deposited and the method of release shall be approved by City Attorney's office.

The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no liens have been filed. City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by City.

Nothing herein shall require City to make payment to Contractor contrary to the terms and provisions of the Works of Improvement Law, Sections 3082-3266 of the Civil Code pertaining to stop notices and enforcement.

7. Time for Performance
The design or construction or installation or work called for herein shall commence within fifteen (15) calendar days after issuance of a Notice to Proceed, and shall be thereafter diligently prosecuted to completion. Time is the essence of this Agreement.

All work shall be completed within seven hundred thirty (730) calendar days as described in Exhibit 2 – Attachment C from the Notice to Proceed to the point at which the Work has been completed and accepted in accordance with Section 3-13 of the “Greenbook” as modified herein and detailed in Attachment C Estimated Schedule. 8 Within 15 days of contract Award, Contractor shall have submitted to City a finalized Schedule of the Work that shall show the dates on which Contractor plans to commence and complete various parts of the Work, including dates on which information and approvals are required from City Engineer (no less than 20 calendar days shall be allotted). Contractor is responsible for obtaining all required Building Permits and other agency approvals, and the timeframe associated with such approvals shall be Contractor’s responsibility. Contractor shall revise the Schedule of the Work on a monthly basis or at appropriate intervals as required by the conditions of the Project and agrees that requests for additional contract duration shall be submitted in writing to City for their sole consideration. If Contractor believes it has been delayed at any time during the Project by any cause beyond their control, Contractor shall be entitled to non-compensable equitable adjustment of the Contract Time as approved by City Engineer. City and Contractor agree to undertake reasonable steps to mitigate the effect of such delays.

Notwithstanding the foregoing, nothing contained herein shall preclude Contractor’s rights under Public Contract Code Section 7102.

8. Assignment
Contractor shall not assign this contract, or transfer his obligation to perform this Agreement, without the written approval of City. The work not performed by Contractor with its own forces shall be performed by subcontractors, however Contractor shall perform not less than 40% of the Work with its own forces. For purposes of this Agreement, no contractual relationship shall exist between City and any subcontractor.

9. Sub-Let
Contractor shall not sub-let or sub-contract any portion of the work in excess of one-half of one percent (0.5%) of Contractor's total bid or ten thousand ($10,000) dollars, whichever is greater, for which he did not designate a subcontractor prior to the Award of the Agreement, other than in the performance of change orders. Contractor shall provide a full list of subcontractors in accordance with State Law and indicating what portions of the work will be performed by any subcontractor prior to the Award of the Agreement in a form acceptable by City designating each subcontractor name, State license number and class, address and contact information, percent of total work and dollar amount of total work.

10. CONSTRUCTION PERSONNEL AND SUPERVISION
Contractor shall provide supervision for the performance of the Project. Not less than 10 calendar days before commencing the Project, Contractor shall notify Owner in writing of the name and qualifications of its proposed superintendent(s) and project manager so City may review the individual's qualifications. If City objects to any of Contractor’s individuals, Contractor shall promptly offer alternative individuals for City’s review and acceptance.

Contractor shall be responsible to City for acts or omissions of parties or entities performing portions of the Project for or on behalf of Contractor or any of its subcontractors.
9 Contractor shall permit only skilled persons to perform the Project. Contractor shall enforce safety procedures, strict discipline and good order among persons performing the Work. If City determines that a particular person does not follow safety procedures, or is unfit or unskilled for the assigned work, Contractor shall immediately reassign the person on receipt of City's written notice to do so.

Contractor's authorized representative is Dominic Cardenas, [email protected], 657-842-8783. Contractor's Representative shall possess full authority to receive instructions from City and to act on those instructions. Contractor shall notify City in writing of a change in the designation of Contractor's Representative.

11. NOTICES
WRITTEN NOTICE Written notice shall be deemed to have been duly served on the date of delivery if delivered in person, on the day after deposit if delivery by overnight courier, or two (2) days after deposit if delivery be placing in the United States mail, first class and certified, return receipt requested with postage prepaid.

Email may serve as an alternate delivery method provided all parties respond via email acknowledging receipt of the notice. A delivery or read receipt does not constitute delivery.

If the parties do not acknowledge receipt of the notice via email within 1 business day, the party should send the notice as detailed above.

All notices shall be addressed to the appropriate Authorized Representative as follows:

If to City:

Thaddeus McCormack, City Manager, City of Lakewood, CA. [email protected]
With a copy to: Kelli Pickler, P.E., Director of Public Works. [email protected]
If to Contractor:

Anthony Roner, Vice President, Southland Industries, [email protected], 760-994-7255
With a copy to: Dominic Cardenas, Sr. Account Executive, [email protected], 657-842-8783

12. Cooperation with Work of City and Others
City may perform work at the work sites directly or by others. Any agreements with others to perform construction or operations related to the Project shall include provisions pertaining to insurance, indemnification, waiver of subrogation, coordination, interference, 10 clean up and safety which are substantively the same as the corresponding provisions of this Agreement.

In the event that City elects to perform work at the work sites directly or by others, Contractor and City shall coordinate the activities of all forces at the work sites and agree upon fair and reasonable schedules and operational procedures for such activities. City shall require each separate contractor to cooperate with Contractor and assist with the coordination of activities and the review of construction schedules and operations. The Contract Price and Contract Time shall be equitably adjusted, as mutually agreed by the parties, for changes made necessary by the coordination of construction activities, and the Schedule of Work shall be revised accordingly. Contractor, City and others shall adhere to the revised construction schedule until it may subsequently be revised.

Before proceeding with any portion of the work affected by the construction or operations of City or others, Contractor shall give City prompt written notification of any defects Contractor discovers in their work which will prevent the proper execution of the Work.

Contractor obligations in this Paragraph do not create a responsibility for the work of City or others, but are for the purpose of facilitating the Work. If Contractor does not notify City of patent defects discovered by Contractor to be interfering with the performance of the Project, Contractor acknowledges that the work of City or others is not defective and is acceptable for the proper execution of the Project. Following receipt of written notice from Contractor of defects, City shall promptly inform Contractor what action, if any, Contractor shall take with regard to the defects.

13. The Contract
The "Agreement" as used herein shall consist of:
1) Permits issued by the jurisdictional regulatory agencies; 2) Change orders and supplemental agreements, whichever occurs last; 3) Public Works Contract;
4) Exhibit 1 to this Agreement, the Standard Specifications for Public Works Construction (the Greenbook), as amended;
5) Exhibit 2 to this Agreement, the Energy Savings Scope of Work, including all attachments as specified therein;
6) The Investment Grade Audit;
7) Exhibit 3, the Iran Contracting Act Certification;
8) Exhibit 4, Executive Order N-6-22.
9) Exhibit 5, Non-Collusion Declaration Form
10) Exhibit 6, List of Subcontractors
Execution of this Agreement by Contractor incorporates all of the aforementioned by reference, which are attached hereto and made a part hereof as though set forth in full. In case of discrepancies between documents, the precedence of documents shall be as numerically listed above.

14. Bonds, Insurance, and Other Documentation
11 Contractor shall return with this executed Contract the Faithful Performance Bond, Payment Bond, Compensation Insurance Certificate, Non-collusion Declaration Form (attached hereto and incorporated herein), and evidence of insurance as required herein and in the amounts as set forth herein and in Exhibit 1, Attachment A. Said bonds and evidence of insurance shall be in a form approved by City Attorney.

It is further agreed by and between the parties hereto, including the surety or sureties on the bonds made a part of this Agreement, that in the event it is deemed necessary to extend the time of completion of the work to be done under this Agreement, said extension may be granted by City, and shall in no way affect the validity of this Agreement, or release of surety or sureties of the bonds.

For the bonds noted above, Contractor shall procure from a surety company authorized to do business in California, rated not less than “A” by A.M. Best Company.

15. Contracts for Thirty Thousand ($30,000) dollars or more, or Twenty Working (20) Days or More:

It is understood and agreed by and between the Parties that in accordance with the terms and provisions of Section 3098 of the Labor Code of the State of California, City will within five (5) days of the entry into this Agreement send the required document(s) to the Division of Apprentice Standards of the State of California. Contractor agrees by the execution of this Agreement to comply with the terms and provisions of Section 1777.5 of the Labor Code pertaining to the employment of properly indentured apprentices and the wages to be paid.

16. Ownership of Documents
It is further agreed by and between the Parties hereto that City shall have full, complete, and absolute title to all preliminary and final plans, drawings, reports, cost estimates, schematic drawings, and other engineering drawings and specifications prepared by Contractor pursuant to this Agreement (collectively, the “Work Product”) upon payment to Contractor for the work hereunder. It is further agreed by and between the Parties that City may make full and complete use of said materials so prepared for City as it desires, and within its own discretion, without any liability of any kind to Contractor. All materials and documents developed in the performance of this Agreement are the property of City and City shall have full, complete and absolute title. Reuse or modification of any such Work Product by City for any purpose outside of this Project shall be at City’s sole risk, and City agrees to hold harmless the Contractor from all claims, damages and expenses, including attorneys’ fees, arising out of such reuse by City or by others acting through City.

17. Suspension or Termination
City may at any time, for any reason (including but not limited to for City’s convenience, environmental considerations, or when it is in the best interests of City), with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Contractor at least ten (10) calendar days prior written notice. Upon receipt of said notice, Contractor shall immediately cease all work under this Agreement, unless the notice 12 provides otherwise. If City suspends a portion of this Agreement such suspension shall not make void or invalidate the remainder of this Agreement. Upon termination, Contractor shall be entitled to compensation for all reasonable costs incurred by Contractor in connection with the Project up to the effective date of termination, including all costs to shut down the work, unless any portion of the Project is accepted by City after termination in which event Contractor shall be paid for such completed portion. Upon receipt of a termination notice, Contractor shall immediately discontinue the work and placement of orders for materials, facilities and supplies in connection with the performance of this Agreement, unless otherwise directed in the notice. Contractor shall promptly deliver to City all completed work, including plans, as-builts, forms, reports, and products. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of termination of this Agreement.

18. Warranties and Interpretation
By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

Contractor warrants that Contractor has or will investigate the Project sites and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor reserves right as described in the Greenbook 2024 Sections 2.9 and 2.10. This Agreement includes all necessary criteria to establish the scope and quality for completion of the work by Contractor. All documents contained as part of this Agreement are complementary and interpreted in harmony so as to avoid conflict, and what is required by one shall be as binding as if required by all. Performance by Contractor shall be required to the extent consistent with and reasonably inferable from this Agreement.

19. Indemnification
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to immediately indemnify, defend and hold harmless City and its elected and appointed officers, employees, agents, designated volunteers, attorneys, successors and assigns (each an “Indemnitee” and collectively, “Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages or injuries to persons or property, demands, expenses, losses, costs, penalties, obligations, errors, omissions or liabilities of any kind that may be asserted or claimed by any third-party person, firm or entity arising out of, pertaining to, incident to or in connection with any alleged acts, errors or omissions of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”) in connection with the performance of Contractor’s work under this Agreement, or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform the work, operations or activities provided herein, or any term, provision, 13 covenant or condition of this Agreement, with such negligence or failure to perform to be determined by City (herein “Claims or Liabilities”), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Contractor will reimburse and pay for all costs and expenses, including legal costs and reasonable attorneys’ fees, incurred by Indemnitees in connection therewith; and, 2) Contractor will promptly pay and satisfy any judgment, award or decree rendered against Indemnitees to the extent finally determined to be caused by Contractor’s negligence or willful misconduct, and reimburse Indemnitees for the cost of any settlement paid by Indemnitees, for any such Claims or Liabilities, and will save and hold Indemnitees harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement. Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence, active negligence or willful misconduct but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s passive negligence. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence, active negligence or willful misconduct of City, Contractor will be obligated to pay for City’s defense until either such time as a final judgment has been entered adjudicating, or agreement between the Parties is reached determining, City as solely negligent, actively negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination or agreement to any reimbursement of defense costs including but not limited to reasonable attorneys’ fees, expert fees and costs of litigation. In instances where City is shown to have been actively negligent and/or engaged in willful misconduct, and where City’s active negligence and/or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence and/or willful misconduct of City. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under Section 15. of this Agreement. Such offset, if any, does not satisfy any amount, greater than the offset, due to City from Contractor. (c) Contractor’s obligations contained in this section shall extend to any action challenging or determination that this Agreement does not meet the requirements contained in Government Code, section 4217.12, that exempt City from complying with the provisions of the California Public Contract Code. 14 Signatures Next Page
15 IN WITNESS WHEREOF City and Contractor have caused this Agreement to be executed and signed on this day of , 20_____.

CITY OF LAKEWOOD
By
Mayor

CONTRACTOR
By Southland Industries

By
Signature & Title
By
Signature & Title
APPROVED AS TO FORM: ATTEST:
_____________________ ___________________________________ City Attorney City Clerk
1 CITY OF LAKEWOOD

FAITHFUL PERFORMANCE BOND
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
KNOW ALL MEN BY THESE PRESENTS:

That we, _____________________________________________________________ as principal, and _______________________________________________________ as surety, are held and firmly bound unto City OF LAKEWOOD, State of California, in the sum of __________________________________________________________ Dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that whereas said principal has been awarded and is about to enter into the annexed contract with City of Lakewood, State of California, for:

CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
and as required by said City to give this bond in connection with the execution of said contract; NOW, THEREFORE, if the said principal shall well and truly do and perform all of the covenants and obligations of said contract on (circle one) his/her/their part to be done, performed at the times, in the manner specified therein, and within the time limit prescribed as well as in a manner that is satisfactory and acceptable to City and if all materials and workmanship supplied by said principal are free from original or developed defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by City so to do, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.

This bond shall be maintained by Contractor in full force and effect during the performance of the work of Contractor and for a period of one year after the date of acceptance of the work by City.

No premature payment by said City to said principal shall exonerate any surety unless City Council of said City shall have actual notice that such payment is premature at the time it is ordered by said City Council, and then only to the extent that such payment shall result in loss to said surety, but in no event more than the amount of such premature payment.

The said surety for value received hereby stipulates and agrees that no amendment, change, extension of time, alteration or addition to said contract or agreement, or of any feature or item, or items of performance required therein or thereunder, shall in any manner affect its obligation on or under this bond; and said surety does hereby waive notice of said amendment, change, extension of time, alteration or addition to said contract or agreement and of any feature of item or items of performance required therein or hereunder.
(Where principal is individual or partnership) the said surety for value received hereby stipulates and agrees that the death of the principal or principals shall not relieve the surety of its obligation. 2 WITNESS our hands this day of , 20 .

Principal’s Signature: ____________________________
Surety: ________________________________________
Address: _______________________________________
Telephone: _____________________________________

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )
On this day of , 20 , before me ,
(here insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and Official Seal:
_____________________________________
Notary Public in and for said County and State
1 CITY OF LAKEWOOD

PAYMENT BOND
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
KNOW ALL MEN BY THESE PRESENTS:

That we, as Principal and Surety(ies) hereto, are firmly bound to City OF LAKEWOOD, CALIFORNIA, and to all persons, companies or corporations who are claimant under Title 15 of the Civil Code of the State of California, commencing with Section 3082, under and by virtue of the above mentioned Public Works Contract of City of Lakewood in the sum of ________________________________________________________________Dollars ($________________), lawful money of the United States and we bind ourselves jointly and severally for the payment of said sum as follows:

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal entered into the contract identified above;
NOW, THEREFORE, if the Principal shall promptly make payment to all persons supplying labor and materials in the prosecution of the work provided for in said contract, and any and all duly authorized modification of said contract that may hereafter be made, notice of which modification to the Surety(ies) is being hereby waived, then the above obligation shall be void and of no effect.

Otherwise, if the original Contractor or his subcontractor fails to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any said claimant, or for any amount required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of the employees of Contractor and his subcontractor pursuant to Section 188806 of the Revenue and Taxation Code, with respect to such work and labor, that the Surety or Sureties will pay for the same in an amount not exceeding the sum specified in the Bond.

PROVIDED that this Bond is filed by the Principal to comply with the provisions of Title 15 (Work of Improvement) of the Civil Code of the State of California commencing with Section 3082 and is for the benefit of any of the persons named in Section 3181 so as to give a right of action to such persons or their assigns in any suit brought upon the Bond. 2 IN WITNESS WHEREOF, We, the Principal and Surety(ies), bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, as above set forth this __________________day of 20 .

PRINCIPAL:

Name of Principal: ______________________________________________________ Signature of Principal or Authorized Agent: __________________________________

CORPORATE SURETY: INDIVIDUAL SURETIES:

Name of Corporate Surety First Individual Surety Second Individual Surety State of Incorporation Name Name
Signature of Agent Signature Signature
Address Address Address

STATE OF CALIFORNIA )
) ss.

COUNTY OF LOS ANGELES )
On this day of , 20 , before me , (here
insert name and title of the officer), personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and Official Seal:

_____________________________________
Notary Public in and for said County and State
NOTE: To be approved the bond must be executed by two or more good and sufficient sureties or corporate surety and in the same amount as the contract bid amount 3 COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to City prior to performing any work on the contract:
“I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.” _____________________________________
Contractor
By___________________________________
(PRINT)
___________________________________
(SIGNATURE)
_____________________________________
Title
_____________________________________
Date
Section 3700 of the Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT
1 EXHIBIT 1

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
1 EXHIBIT 1

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, AS AMENDED

SPECIFICATIONS
The Standard Specifications for this Project are the 2024 Edition of the Standard Specifications for Public Works Construction, also known as the “Greenbook”, hereby incorporated and as amended herein to the extent applicable to Contractor’s Work. In addition, the Uniform Building Code, Mechanical Code and Electrical Code, and any other construction codes as required by Los Angeles County Building and Safety Division, and related regulatory documents as applicable to this Project are incorporated herein. If there is a conflict between the Agreement and these Specifications, the Agreement shall prevail as solely determined by City.

The Standard Specifications, including all supplements, is written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California, which is incorporated herein by this reference. Copies of these Standard Specifications are available from the publisher:

BNI Building News
Division of BNi Publications, Inc.
https://www.bnibooks.com
The Standard Specifications set forth above will control the Project except as amended by the Agreement.

The section numbers of the following General Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, addition, or that are specifying options are stated in the General Provisions. In case of conflict between the Standard Specifications and the General Provisions, the General Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.

References in the General Provisions to Standard Plans shall mean the Standard Plans for Public Works Construction, latest edition (written and promulgated by the Public Works Standards, Inc.), and, where applicable and as determined and selected by City Engineer, those specific standard plans of City of LAKEWOOD, and the County of Los Angeles.

Where the Agreement describes portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality consistent with the Figures B-1 through B-4 are to be used. Design documents and submittals will be reviewed and approved by the City Engineer. Unless otherwise specified, Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.
2 PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS. (Add the following)
City or Owner - City of Lakewood, CA
Board - City Council
Caltrans - California Department of Transportation
Contract Agreement - Public Works Contract
County - County of Los Angeles
Engineer - City Engineer
Facility - Each Building is considered a separate Facility Federal - United States of America
State - State of California
Contractor - Contractor, its workers, employees and agents Project or Work - Citywide Infrastructure Improvements, PW 2024-12 ECM - Energy Conservation Measure
IGA - Investment Grade Audit
1-3 ABBREVIATIONS.
1-3.2 Common Usage. [Add the following to this section]:

MUTCD - Manual of Uniform Traffic Control Devices, including the California Supplement
LADPW - Los Angeles Public Works Department
SPPWC - Standard Plans for Public Works Construction
SSPWC - Standard Specifications for Public Works Construction FHWA - Federal Highway Administration
HUD - Housing and Urban Development
1-7 AWARD AND EXECUTION OF CONTRACT.
1-7.1 General [Add the following]:

The Contract Agreement shall not be considered binding upon City until executed by the authorized City officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so.
1-7.2 Contract Bonds. [Replace section with the following]:

Both the Faithful Performance Bond and the Payment (Material and Labor) Bond shall each be for not less than one hundred percent (100%) of the total Contract amount. The Material and Labor Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will be held until its expiration by operation of law from the date of recordation of the Notice of Completion. All bond forms shall meet the requirements of and be subject to approval by City Attorney. 3 Prior to the acceptance of any bond, City shall verify that the surety is an admitted surety in the State of California. If requested by City, Contractor shall provide other information specified in the Code of Civil Procedure Section 995.660 to enable City to verify the sufficiency of the bond.

Should any bond become insufficient, Contractor shall correct the insufficiency within ten (10) calendar days after receiving notice from City. Contractor shall provide City with evidence of the correction within ten (10) calendar days of said correction. Should any surety at any time be unsatisfactory to City, written notice will be given to Contractor to that effect. No further payments shall be deemed due or will be payable under the Contract until Contractor submits an acceptable bond from a surety accepted by City. Changes to the work or extensions of time made pursuant to the Contract Agreement shall in no way release Contractor or the surety from its obligations.

Notice of such changes or extensions shall be waived by the surety.

Contractor shall pay all bond premiums, costs, and incidentals.

SECTION 2 – SCOPE OF THE WORK.
2-1 WORK TO BE DONE
2-1.1 Plans and Specifications [Add the following Subsection]:

Contractor shall maintain a control set of Approved Building Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the said plans and specifications, shall be marked in red on this control set to show the as-constructed conditions. Upon completion of all work, Contractor shall return the control set to City Engineer.

Final payment will not be made until this requirement has been met. 2-2 PERMITS. [Replace section with the following]:

Prior to the start of any work, Contractor shall submit design plans to the Los Angeles County Building Department and prosecute the plans until the plans are approved and permits are ready to be issued. Contractor shall pay for and obtain all applicable City, County and State permits and make arrangements for City, County and State inspections. Contractor shall provide to City copies of all notices, permits, licenses and renewals required under this Agreement. Requests for inspections shall be made to each entity at least 48 hours in advance of need or otherwise as specified by each entity. Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed.

Further, Contractor shall ensure that its employees, agents, Contractors, and subcontractors conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to nondiscrimination, sexual harassment, and ethical behavior throughout the duration of the Contract. Contractor shall not retain or employ an unlicensed subcontractor to perform work pursuant to this Contract. Contractor shall notify City immediately and in writing of its employees’, agents’, Contractors’ or subcontractors’ inability to obtain or maintain, irrespective of the pendency of any appeal, any such licenses, permits, approvals, certificate, waivers, and exemptions that may be required. Such inability shall be cause for termination of this Contract.

Contractor shall file the Construction Waste Management Plan with Owner and pay all fees associated with compliance with this regulatory requirement. 2-2.1 City Business License. [Add the following Subsection]:
4 City Business License - The successful Contractor and any subcontractor thereof will be required to comply with City Business Licensing provisions. No free or exempt license will be issued by City.
2-7 CHANGES INITIATED BY THE AGENCY.
2-7.1 General. [Modify the following]:

Delete the first paragraph.
2-10 DISPUTED WORK. [Add the following]:

Contractor has stated there will be no change orders on the Project. However, in the case where Contractor believes extra compensation is due Contractor for work or materials not clearly covered in the Contract, or not ordered by City as “extra work”, Contractor shall notify City in writing of Contractor's intention to make claim for such extra compensation before Contractor begins the work on which Contractor bases the claim. If such notification is not given, or City is not afforded proper supporting documentation by Contractor for keeping strict account of actual cost, then Contractor shall be deemed to have waived the claims for such extra compensation.

Such notice by Contractor, and the fact that City has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. The validity of the claim must be determined by City. If City determines that the claim is well founded, it shall be allowed and paid for as “extra work”; if City determines that the claim is not well founded, it shall be disallowed and not paid.

SECTION 3 – CONTROL OF THE WORK
3-12.1 General [Add the following]:

Contractor shall behave, at all times, in a courteous, professional manner. While on site, or entering or exiting the site, there shall be no extraneous activity that might cause disruption to the Project site, surrounding areas, or residents. Failure to comply may result in the suspension of work, or removal of Contractor’s staff from the Project. 3-10 SURVEYING
3-10.1 General. [Replace with the following]:

Contractor will provide all surveying and construction staking, if required for the construction of this Project. Contractor shall provide all survey “cut sheets” to the Inspector upon request.

Contractor shall be responsible for the finished work's conforming to the lines, grades and benchmarks. Compensation for all survey work shall be included within the various items of work and no additional compensation will be allowed.
3-12 WORK SITE MAINTENANCE.
3-12.1 General. [Replace the second paragraph as follows]:

Contractor is required to control dust, debris and other environmental factors throughout the life of the Contract. The control may be required by job conditions or City Engineer. In any case, Contractor shall provide the means necessary to accomplish the task in accordance with State, local and City criteria. No chemical agents may be used without written authorization from the Agency. Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate control.
5 No separate payment will be made for any work performed or material used to control these items resulting from Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such control will be considered as included in the price paid for the various items of work involved.

Contractor acknowledges the facilities are working buildings and agrees to clean the facilities at the end of each workday to City’s satisfaction. No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore.
[Add the following to this section]:

Contractor shall make his own arrangements for disposal of materials outside City premises or right-of-way, and he shall pay all costs involved. EDCO Disposal Services, Inc. has the exclusive right of collection of refuse and construction materials & demolition debris (C & D) in City of Lakewood and may be reached at (562) 531-3054. Contractor shall comply with City’s Waste Management Planning for C & D Projects” and complete and submit “C & D Materials Estimate” forms to City of Lakewood Department of Public Works upon completion of demolition work, and obtain a permit for C&D at no additional cost to City.
3-12.3 Noise [Replace with the following]
City facilities are operating buildings and Contractor will take all steps necessary to reduce noise and allow normal City operations to continue undisrupted. A noise level limit of 85 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. 3-12.4.2 Storage in Public Streets. [Replace entire section with the following]:

Contractor is required to, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case Contractor shall submit to City written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by City. Condition and operation of yard shall conform to these specifications. Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property.

Contractor shall vacate site and return it to pre-Project condition within five (5) working days following application for Notice of Completion. Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing Contractor from any further clean-up or restoration work and shall submit a copy of such release to City. The Notice of Completion will not be issued until said release is submitted. 3-12.6.2 Best Management Practices (BMPs). [Add the following]:

Per the Federal Clean Water Act, Contractor is required to eliminate pollution to waters of the United States in regards to this Project. This Project will require Contractor to implement “Best Management Practices”.

Contractor shall submit a Water Pollution Control Plan (WPCP) for any portion of the work subject to ground disturbance as defined by the applicable NPDES permit. Contractor shall confirm that all of the Best Management Practices (BMP’s) have been adequately detailed that addresses his or her anticipated construction operations and meets the intent of the NPDES requirements. 6 Contractor shall obtain a Notice of Intent (NOI) from the State Water Resources Control Board and pay all related fees. The NOI shall be submitted as part of the WPCP. After the Notice of Award, Contractor shall submit to City a finalized and signed WPCP, which establishes the construction BMP requirements, for review and approval. No work will be allowed to begin without an approved WPCP on file with City.

Contractor shall utilize Best Management Practices (BMP’s) outlined in the WPCP during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this Project include, but are not limited to, covering all storm drain inlets in the Project vicinity with water permeable fabric and gravel bags prior to performing any adjacent AC grinding, removal or paving operations or PCC ramp lip grinding; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the Owner’s Representative.

It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. Contractor acknowledges that he has investigated the risk arising from such waters and has prepared his proposal accordingly, and Contractor, by submitting a proposal, assumes all of said risk. Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of City Engineer.

Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefore.
3-13 COMPLETION, ACCEPTANCE AND WARRANTY
3-13.2 Acceptance [Add the following]:

Entirety of Work will be deemed completed and accepted on the same date when the Notice of Completion is recorded with the Los Angeles County Recorder. Neither City's payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of Work not complying with the Agreement.

Contractor shall notify City when it considers all Work at a designated facility to have been completed and all building permits have been closed. City shall promptly conduct an inspection 7 to determine whether the Work at each Facility can be utilized for its intended final use by City. If City determines that the Work has not reached completion, City shall promptly compile a list of items to be corrected so City may utilize the facility in its final use. Contractor shall promptly complete all items on said list.

When completion of a facility is achieved, Contractor shall prepare a Certificate of Facility Completion for review and approval by City Engineer, which shall establish the date of equipment start up, and the termination of the responsibilities of Contractor for interim items such as security, maintenance, utilities, insurance and damage to the Work. The Certificate of Facility Completion shall be submitted by Contractor to City for written acceptance of responsibilities assigned in the Certificate.

Unless otherwise provided in the Certificate of Facility Completion, warranties required by the Agreement shall commence on the date of acceptance of the Certificate of Facility Completion.

Prior to final Notice of Completion, the following items shall be provided by Contractor to City within thirty (30) days:

An affidavit declaring any indebtedness connected with the Work, e.g. payrolls or invoices for materials or equipment, to have been paid, satisfied or to be paid with the proceeds of final payment, so as not to encumber City's property;
As built drawings, manuals, copies of warranties and all other close out documents required by the Agreement;
Release of any liens, conditioned on final payment being received; Consent of any surety; and any outstanding known and unreported accidents or injuries experienced by Contractor or its Subcontractors at the Worksite. 3-13.3 Warranty.
[Replace with the following]:

The Work shall be warranted by Contractor against defective materials and workmanship for as outlined in Exhibit 2, Attachment G.

Contractor warrants that all materials and equipment shall be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor further warrants that the Work shall be free from material defects not intrinsic in the design or materials required in the Agreement. Contractor's warranty does not include remedies for defects or damages caused by normal wear and tear during normal usage, use for a purpose for which the Project was not intended, improper or insufficient maintenance, modifications performed by City or Others, or abuse. The warranty period shall start on the date indicated on each Certificate of Facility Completion.

Contractor shall obtain from its Subcontractors and Material Suppliers any special or extended warranties available and/or required by the Agreement. After Contractor’s warranty period expires as summarized in Exhibit 2 Attachment G, Contractor shall assign the original manufacturer’s warranty to City and provide reasonable assistance to City in enforcing the obligations of Subcontractors or Material Suppliers.
8 If during the warranty period, any Defective Work is found, City shall notify Contractor in writing.

Unless City provides written acceptance of the condition, Contractor shall within three (3) working days promptly correct the Defective Work at its own cost and time and bear the expense of additional services required for correction of any Defective Work for which it is responsible. If within the warranty period City discovers and does not notify Contractor or give Contractor an opportunity to test and/or correct Defective Work as reasonably requested by Contractor, City waives Contractor's obligation to correct that Defective Work as well as City's right to claim a breach of the warranty with respect to that Defective Work.

If Contractor's correction or removal of Defective Work causes damage to or destroys other completed or partially completed construction, Contractor shall be responsible for the cost of correcting the destroyed or damaged construction.

If Contractor fails to make such replacement of repairs within the time specified in the notice, City may perform the replacement or repairs at Contractor’s expense.

The warranty period for correction of Defective Work does not constitute a limitation period for the enforcement of Contractor's other obligations under the Contract Documents.

All Work requires inspection. Contractor shall not cover any work until it has been inspected and approved by the appropriate jurisdiction or in accordance with the building permit. If the inspection identifies work that requires correction, a re-inspection will be scheduled until the work is approved. Only upon approval of the work, will Contractor cover the work.

This sub-section does not in any way limit any guarantee or warranty on any item for which a longer guarantee or warranty is specified, or on any item for which a manufacturer gives a guarantee or warranty for a longer period, nor does it limit other remedies to City in respect to latent defects, fraud or implied warranties. Contractor shall furnish City all appropriate guarantee or warranty certificates upon completion of the project.

City recognizes that the equipment and any ECM(s) must be properly operated and maintained to ensure the Total ECM Savings (as defined in Exhibit 2 – Attachment D) will be achieved. As a result, the Total ECM Savings are dependent upon and subject to the express condition that maintenance for each ECM is either provided by City as outlined in Exhibit 2 – Attachment F – Owner Maintenance Responsibilities or provided by Contractor as defined in Exhibit 2 – Attachment E – Services Agreement. If City cancels or terminates the Services Agreement in whole or in part, cancels or terminates the Performance Assurance Services in whole or in part, or fails to perform maintenance as described in Exhibit 2 – Attachment F, then Contractor’s responsibilities and obligations with respect to Total ECM Savings shall terminate, and Contractor shall have no further liability in connection with the Total ECM Savings.

SECTION 4 - CONTROL OF MATERIALS
4-2 PROTECTION
4-2.1 General [Add the following new subsection]
Until Acceptance of the Work, Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by City) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.
9 Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve Contractor of his responsibility for the work and materials as herein specified. If ordered by City Engineer, Contractor shall at his expense properly store materials which have been partially paid for by City or which have been furnished by City. Such storage by Contractor shall be on behalf of City, City shall at all times be entitled to the possession of such materials, and Contractor shall promptly return the same to the site of the work when requested. Contractor shall not dispose of any of the materials so stored, except on written authorization from City.

Material Safety Data (MSD) sheets as required by law and pertaining to materials or substances used or consumed in the performance of the Work, whether obtained by Contractor, Subcontractors, City or Others, shall be maintained at the Worksite by Contractor and made available to City, Subcontractors and Others. Contractor shall be responsible for the proper delivery, handling, application, storage, removal and disposal of all materials and substances brought to the Worksite by Contractor in accordance with the Agreement and used or consumed in the performance of the Work. To the extent not caused by the negligent acts or omissions of City, its agents, officers, directors and employees, to the maximum extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its agents, officers, directors and employees, from and against any and all direct claims, damages, losses, costs and expenses, including but not limited to attorney's fees, costs and expenses incurred in connection with any dispute resolution procedure, arising out of or relating to the delivery, handling, application, storage, removal and disposal of all materials and substances brought to the Worksite by Contractor in accordance with the Contract Documents. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of Contractor. The terms of this Paragraph shall survive the completion of the Work and/or any termination of this Agreement. 4-3 INSPECTION
4-3.1 General. [Add the following]:

The work hours for the Work shall be any calendar day, excluding City Holidays, provided Contractor comply with Section 5-3.2. Contractor shall pay for inspection, material retests and re-inspections. If Contractor elects to work under this Contract more than 8 hours/day or more than 40 hours/week, including days other than prescheduled weekends, it shall arrange with the Engineer for the required inspection service and pay any associated inspection fees. 40-hour advance notice will be given during working hours for the purpose of permitting City Engineer to make necessary assignments of their representatives. If Contractor is directed by City to work under this Contract more than 8 hours/day or more than 40 hours/week, the inspection fee requirements will be waived.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS. [Add the following]:

Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.

Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
10 5-3 LABOR.
5-3.2 Prevailing Wages [Add the following]:

City has determined that the work on this Project requires work of labor categories which are subject to the State of California Department of Industrial Relations prevailing rates of per diem wages.

Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work provided pursuant to the Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of the Agreement.

Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
a) The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
b) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement.
c) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the term of this Agreement.
d) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). e) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each 11 worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal.

Labor Code §1815.)
f) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid Proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered Contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

Apprentices
Section 1777.5 requires Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to an applicable apprenticeship committee that can supply apprentices to the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.

Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
5-3.3 Payroll Records. [Add the following]:

Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. Verified payroll records shall be submitted to City by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
5-4 INSURANCE.
5-4.1 General. [Add the following]:

Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any work or services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet 12 the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. The limits below may be met through a combination of primary and excess policies.
5-4.2 General Liability Insurance. [Replace with the following]:

As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:

A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least five million dollars ($5,000,000.00) per occurrence, five million dollars ($5,000,000.00) in the general aggregate, and five million dollars ($5,000,000.00) for completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

B. Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance (Insurance Services Office form CA 001) written on a per accident basis with limits of at least five million dollars ($5,000,000.00) combined single limit for each accident covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles. There shall be no exclusion for loading and unloading. Coverage shall include Pollution Liability (CA9948) and MCS-90 Endorsements or the equivalent.

C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.

D. Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to the Consultant’s profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 13 E. Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

F. Installation floater. Contractor shall obtain an installation floater for the value of the property and covering the portion of the work to be constructed, installed, altered, or repaired by Contractor. The installation floater policy must include coverage for the fixtures, materials, supplies, machinery, and equipment used in or incidental to the construction project as well as property kept off-site or while in transit. Coverage must include property of others in the Contractor’s care, custody, or control. In addition to Contractor, the Agency and all subcontractors shall be named as additional insureds on the policy with coverage extending through the final completion date. 5-4.5 Acceptability of Insurers. [Add the following new Subsection]:

Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Line Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that City will accept workers’ compensation insurance from the State Compensation Fund. In the event City determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from City. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. 5-4.6 Insurance Endorsements. [Add the following new Subsection]:

Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by City to add the following provisions to the insurance policies:

A. The policy or policies of insurance required by this section for Commercial General Liability, Automobile Liability and Excess Insurance shall be endorsed to provide the following:
(1) Additional Insured: City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” 14 liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.

B. For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for completed operations to effectuate this requirement. 5-4.7 Deductibles and Self-Insured Retentions. [Add the following new Subsection]:

Any deductible or self-insured retention in excess of One Hundred thousand Dollars ($100,000) must be approved in writing by City in advance and shall protect City, its officials, officers, employees, agents and volunteers, in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 5-4.8 Primary and Non-Contributing Insurance. [Add the following new Subsection]:

All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance.

Policies shall contain or be endorsed to contain such provisions. 5-4.9 Waiver of Subrogation. [Add the following new Subsection]:

All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors. 5-4.10 Evidence of Coverage. [Add the following new Subsection]:

Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City, its officers, officials, agents, and employees shall be added as insureds on the policy. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction 15 of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of declaration pages, endorsements, and exclusions that the City requires to verify coverage.

Products/completed operations coverage. Products/completed operations coverage shall be maintained a minimum of ten (10) years after Project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its officials, officers, agents, and employees, shall be included as additional insureds under the products and completed operations coverage.
5-4.11 Requirements Not Limiting. [Add the following new Subsection]:

Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 5-4.12 Enforcement of Agreement (Non-Estoppel). [Add the following new Subsection]:

Contractor acknowledges and agrees that actual or alleged failure on the part of City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on City nor does it waive any rights hereunder. 5-4.13 Insurance for Subcontractors. [Add the following new Subsection]:

Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section. 5-4.14 Other Insurance Requirements. [Add the following new Subsection]:

The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:

A. Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of 16 the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations shall limit the application of such insurance coverage.

C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to City and approved in writing.

D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to City for review.

F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement. 5-4.15 Contractor's Liability; City Not Liable; Claims Resolution. [Add the following new Subsection]:

A. Contractor’s liability. Contractor shall be responsible for any loss or damage that may occur to:
 The work or any part thereof;
 Any of the materials or other things used or employed in performing the work;  Any injury to any person or persons, either workers or the public;  Any damage to property resulting from any cause which might have been prevented by Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.

B. City ordered precautions. If, in the opinion of City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, City Engineer may order Contractor to take further precautions, and if the Contactor shall fail to do so, City Engineer may order the work done by others and charge Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due Contractor. Failure 17 of City Engineer to order such additional precautions, however, shall not relieve Contractor from his full responsibility for public safety.

C. City not liable. City shall not be answerable or accountable in any manner, for any loss or damage that may occur to any of the following from any cause which might have been prevented by Contractor:
 The work or any part thereof;
 Any of the materials or other things used or employed in performing the work;  Any injury to any person or persons, either workers or the public;  Any damage to property.

D. Claims Resolution. From time to time during the period of this contract, City and/or Contractor may be served with third-party claims, as a result of alleged conduct by Contractor. The following procedures shall be followed by City and Contractor:

For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment. (2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from City.

For claims received by City:
(1) City shall process any claims received pursuant to “Section 2520.

Claims.” of the Lakewood Municipal Code.
(2) If after investigation of the claim, City determines Contractor is liable under this Contract, City shall tender the claim to Contractor for proper handling and resolution.

E. Retention of Claimed Damages by City. City may retain so much of the money due Contractor under and by virtue of the Contract as shall be reasonably considered necessary by City until disposition has been made of such suits or claims for damages aforesaid.

In the event of conflict between Section 5-4.15 and Section 19 herein, the stricter of the two Section shall apply.
5-7 SAFETY.
5-7.2 Safety Orders
5-7.2.1 General. [Add the following]:

Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of the Work and the nature of such protection. 18 In an emergency affecting the safety of life or property, including adjoining property, Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by City. 5-7.4 Hazardous Substances [Add the following]:

A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirement governing handling, disposal and/or cleanup.

City has tested locations for Hazardous Materials and provided documentation identifying locations within the scope of Work requiring abatement. Contractor will complete the abatement scope identified in Exhibit 2 – Attachment B-5. In the event Contractor encounters pre-existing Hazardous Materials at the Project site, as confirmed by the City Engineer, it shall immediately cease the performance of the work so as not to disrupt the Hazardous Materials and notify City in writing. In no event shall Contractor be responsible for the removal or remediation of such Hazardous Materials and non-compensable Contract Time shall be extended by the time it takes City to perform such removal or remediation services.
5-8 RESOLUTION OF CONSTRUCTION CLAIMS. [Add the following new Section]:

California Public Contract Code (PCC) Section 9204 prescribes a process to present, confer, and mediate all construction claims relating to City’s public works project.

For any claim subject to this article, PCC section 9204 requires the following:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.
(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, Contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the public entity. 19 (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department.
(vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. 20 (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) 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. If the public entity fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity 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, as identified by Contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party 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 applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. 21 (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, Contractor shall notify the subcontractor in writing as to whether Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

Unless otherwise agreed to by City and Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under PCC Section 20104.4 to mediate after litigation has been commenced.

PCC Section 9204 does not preclude City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties’ dispute.
22 Should City fail to respond to a claim, or fail to issue written statements as required, Contractor’s claim is deemed denied. A claim denied by reason of City’s failure to respond shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

Amounts not paid in a timely manner as required by PCC 9204 shall bear interest at seven percent per annum.

NOTICE OF THIRD-PARTY CLAIMS
In accordance with PCC Section 9201, City will provide timely notification to Contractor of the receipt of any third-party claim relating to the Agreement.

SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.0 General. [Add the following Subsection]:

Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) days after Award. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. The schedule shall establish the order of work which minimizes disruption of existing travel lanes.

Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.

Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month.

The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Liquidated damages will be assessed pending receipt of any outstanding reports, as set forth in Section 6-9.1 below.

Contractor acknowledges the Work is occurring in occupied facilities and has agreed to limit disturbances of occupants and to keep facilities in operation by supplying temporary heating, cooling, electrical and other provisions as necessary. Should Contractor require a vacancy of the facility, including the shut-down of electrical, water, heating, cooling, or other interruptions of service, Contractor must submit the request in advance and in writing and seek written approval from City before scheduling such work.
6-1.3 Construction Schedule (Critical Path Method) [Add the following Subsection]:

Contractor shall submit to the Engineer practicable critical path method (CPM) progress schedules in conformance with these General Provisions. Whenever the term “schedule” is used in this section it shall mean CPM progress schedule illustrated by the Gantt Bar method. The schedule shall be prepared by qualified and experienced scheduling staff.

Schedules shall show the order in which Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. Contractor is responsible for assuring that all 23 activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.

Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer’s exclusive possession and use. Contractor shall furnish network diagrams, narrative reports, tabular reports and schedule data as parts of each schedule submittal.

The number of activities shall be sufficient to assure adequate planning of the Project, to permit monitoring and evaluation of progress, and to do an analysis of time impacts.

Schedule activities shall include the following:

A. A clear legible description.

B. Start and finish dates.

C. A duration of not less than one working day, except for event activities, and not more than 20 working days, unless otherwise authorized by the Engineer.

D. At least one predecessor and one successor activity, except for Project start and finish milestones.

E. Required constraints.

F. Codes for responsibility, stage, work shifts, location and contract pay item numbers.

Contractor may show a scheduled completion date that is later than the Contract completion date on an update schedule, after the baseline schedule is accepted. Contractor shall provide an explanation for a late scheduled completion date in the narrative report that is included with the schedule.

The Engineer’s review and acceptance of schedules shall not waive any Contract requirements and shall not relieve Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be correct by the Contract and resubmitted to the Engineer within five (5) working days of notification by the Engineer, at which time a new review period of one week will begin.

Errors or omissions on schedules shall not relieve Contractor from finishing all work within the time limit specified for completion of the Contract. If, after, a schedule has been accepted by the Engineer, either Contractor or the Engineer discovers that any aspect of the schedule has an error or omission, it shall be corrected by Contractor on the next schedule.

Payment for the Project schedule and revisions/updates to the schedule shall be made under other items of work and no additional payment shall be made therefore. 6-1.4 Acceleration. [Add the following Subsection]:

City and Contractor reserve the right to request an acceleration of the work of the Contract at any time during its performance. In the event Contractor’s request is approved by City, Contractor agrees there will be no additional compensation provided and will offer City any savings accrued due to the acceleration of the work. In the event City directs acceleration, such directive will be given to Contractor in writing. Contractor shall keep records of cost and savings and other Project records related to the acceleration directive separately from the normal Project cost records and shall provide a written record of acceleration costs to City on a daily basis. 24 In the event Contractor believes that some action or inaction on the part of City constitutes an acceleration directive, Contractor shall immediately notify City in writing that Contractor considers the actions or inactions an acceleration directive. Contractor shall not accelerate their work efforts until City responds to the written notification. If acceleration is then directed or required by City, all cost records referred to in the previous paragraph shall be maintained by Contractor and provided to City on a daily basis.

In order to recover additional costs due to acceleration, Contractor must document that additional expenses were incurred and paid by Contractor. Additional cost for acceleration will be limited to labor costs for overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort, and the cost of added equipment mobilized to the site to accomplish the accelerated work effort. Cost savings accrued due to acceleration will be similarly calculated based on the deletion of laborers hours and equipment use and credited to City.
6-3 TIME OF COMPLETION.
6-3.1 General. [Add the following to this section]:

The time for completion shall be as set forth in Exhibit 2 – Attachment C. 6-3.2 Contract Time Accounting. [Add the following]:

Contractor's activities shall be confined to the normal City working hours, unless otherwise specified and agreed upon in writing by City. Deviation from these hours will not be permitted without the prior consent of City Engineer, except in emergencies involving immediate hazard to persons or property.

In the event of either a requested or emergency deviation, inspection service fees will be charged against Contractor. The service fees will be calculated at overtime rates (premium time) including benefits, overhead, and travel time and are established based on City’s current fee schedule or professional services agreement for construction inspection services. The service fees will be deducted from any amounts due Contractor.

Construction activities during City Special Events may be restricted by City to exclude all or part of the work on City premises to the Special Events as determined by City Engineer. Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly.

The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site and re-mobilization shall be deemed as included in the lump sum contract for their respective items and no additional compensation will be allowed. 6-9 LIQUIDATED DAMAGES. [Add the following]:

It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be sustained by City. For each consecutive calendar day in excess of the time specified for the completion of the work, Contractor shall pay to City $1,000.00. Contractor shall receive a noncompensable day-for-day extension for City and County review durations in excess of those shown in Exhibit 2 – Attachment C. In addition, City shall have the right to charge to Contractor and to deduct from payments for the work the actual cost to City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract 25 and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due Contractor under this contract. Contractor and his sureties shall be liable for any excess cost.

SECTION 7 - MEASUREMENT AND PAYMENT
7-2 LUMP SUM WORK. [Revise the last sentence as follows]:

The schedule shall equal the lump sum Contract Price and shall be in such form and sufficiently detailed as to satisfy City Engineer that it correctly represents a reasonable apportionment of the lump sum and must individually list any single item over $10,000. A detailed Schedule of Values is included in Exhibit 2 – Attachment A and any revisions shall be submitted 15 days after Award. 7-3 PAYMENT.
7-3.3 Delivered Materials. [Add the following to this section]:

Materials and equipment delivered to the City, but not incorporated into the work, shall be included in the estimate for progress payment pending inspection and mutual agreement between the City and the Contractor, provided the Contractor provide evidence of delivery and bill of sale. 7-3.4 Mobilization. [Add the following to this section]:

The City and Contractor mutually agreed to a Mobilization payment of 5% of the total Price and noted in Attachment A. Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason. Mobilization also includes the work completed for the IGA and the preliminary design work described in Exhibit 2, Figures B-1a through B-4.

Full compensation for mobilization shall be included in the Contract price for various items of other work and shall include full compensation for all costs incurred by Contractor for doing all the work involved in mobilization and demobilization as specified herein, and no additional compensation will be allowed.
7-4.3 Markup. [Revise as follows]:
7-4.3.1 Work by Contractor. This paragraph is replaced with the following: Contractor markup for overhead, profit, bonding, insurance and all other fixed or administrative costs shall be limited to a total of 15% above actual total costs, based upon proof thereof, per Section 7-4.2, and no additional compensation will be allowed therefor.
7-4.3.2 Work by a Subcontractor. The second sentence of this paragraph is replaced by the following sentence. Contractor markup for work performed by a subcontractor shall be limited to a total of 10% of the total subcontractor costs and shall constitute full compensation for overhead, profit, bonding, insurance and all other fixed or administrative costs and no additional compensation will be allowed therefor.
26 1
EXHIBIT 2

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12

ENERGY SAVINGS SCOPE OF WORK
2 3
EXHIBIT 2
TO

PUBLIC WORKS CONTRACT

CITYWIDE INFRASTRUCTURE IMPROVEMENTS

ENERGY SERVICES SCOPE OF WORK
FOR

ELECTRICAL, HVAC AND ROOF IMPROVEMENTS - VARIOUS SITES
As full compensation for performance by Contractor of the Work in conformance with the Agreement, City shall pay Contractor the price defined in the Public Works Contract. The Contract Price shall be paid according to the schedule in Attachment A Contractor has prepared and City has, reviewed, approved, and accepted the Attachments as set forth below, which are attached hereto and are made part of this Exhibit 2 by reference.

Attachment A Price
Attachment B Scope of Work
Attachment B-1a HVAC
Attachment B-1b Controls
Attachment B-2 Electrical
Attachment B-3 Lighting
Attachment B-4 Roof
Attachment B-5 Abatement
Attachment C Estimated Schedule of the Work
Attachment D Performance Assurance Plan
Attachment E Services Agreement
Attachment F City’s Maintenance Responsibilities
Attachment G Warranty
Figure B-1a HVAC Drawings (City Hall and Centre)
Figure B-1b HVAC Drawings (Other Buildings)
Figure B-2 Electrical Drawings
Figure B-3a Lighting Room-by-Room Descriptions
Figure B-3b Lighting Product Cutsheets
Figure B-3c City Hall Reflected Ceiling Plan
Figure B-4 Roof Drawings
4 ATTACHMENT A
PRICE
Schedule of Values:

Contractor shall, on or before the 25th day of each calendar month after actual work is started, except in case of final estimate hereinafter provided, cause an estimate to be made in writing of the value of the total amount of the work done and materials furnished by Contractor, as described in Exhibit 1, 7-3.3 Delivered Materials, completed up to and including 20th day of the month in which the estimate is made for the review and approval by City Engineer. Payment on approved estimates will be made 30 days after approval by City Engineer in accordance with Section 6 of the Public Works Contract. Per Section 7-3.4 (Mobilization), upon Contract execution Contractor shall invoice 5% of the total Price.

Summarized Schedule of Values:

Description Value
ECM Costs:

HVAC (Southland) $3,436,453
Controls (Southland) $750,577
Electrical (CSI) $1,637,298
Lighting (LTS) $1,608,239
Roofing (Letner) $2,140,665
Subtotal: $9,573,232
Engineering and Design $763,501
Construction Management $884,851
Commissioning/Inspections $142,390
Investment Grade Audit $120,000
Training and Warranty Service $91,536
Total ECM Direct Cost: $11,575,510
Project Administration $97,384
Bonds/Insurance/Permits $231,510
Project Contingency $399,355
Total Project Direct Cost: $12,303,759
Overhead $1,230,376
Southland Fee $615,188
TOTAL PROJECT PRICE $14,149,323
5 Detailed Schedule of Values:

Project Description Total ECM
Cost
Materials
Cost
Labor
Cost
City Hall - Mechanical $1,553,716 $854,544 $699,172
City Hall - Controls $218,953 $87,581 $131,372
City Hall - Lighting $568,578 $341,147 $227,431
City Hall - Roof $681,000 $408,600 $272,400
The Centre - Mechanical $1,064,665 $585,566 $479,099
The Centre - Controls $275,045 $110,018 $165,027
The Centre - Lighting $306,745 $184,047 $122,698
The Centre - Roof $786,700 $472,020 $314,680
Bloomfield Park - Mechanical $140,112 $77,062 $63,050
Bloomfield Park - Controls $39,696 $15,878 $23,818
Bloomfield Park - Electrical $367,225 $201,974 $165,251 Bloomfield Park - Lighting $92,931 $55,759 $37,172
Bloomfield Park - Roof $222,250 $133,350 $88,900
Monte Verde Lodge - Mechanical $80,053 $44,029 $36,024
Monte Verde Lodge - Controls $29,439 $11,775 $17,664
Monte Verde Lodge - Lighting $87,288 $52,373 $34,915
Mae Boyer (Nye Library) - Electrical $256,881 $141,285 $115,596 Mae Boyer - Lighting $74,038 $44,423 $29,615
Arbor Yard - Mechanical $363,007 $199,654 $163,353
Arbor Yard - Controls $61,653 $24,661 $36,992
Arbor Yard - Lighting $226,267 $135,760 $90,507
Arbor Yard - Roof $192,475 $115,485 $76,990
Biscailuz Park - Mechanical $127,595 $70,177 $57,418
Biscailuz Park - Controls $16,009 $6,404 $9,605
Biscailuz Park - Electrical $360,150 $198,082 $162,068
Biscailuz Park - Lighting $68,745 $41,247 $27,498
Biscailuz Park - Roof $133,500 $80,100 $53,400
Burns Community Center - Controls $98,855 $39,542 $59,313 Burns Community Center - Electrical $241,081 $132,595 $108,486 Burns Community Center - Lighting $92,720 $55,632 $37,088 San Martin Park - Mechanical $107,305 $59,018 $48,287
San Martin Park - Controls $10,927 $4,371 $6,556
San Martin Park - Electrical $411,961 $226,579 $185,383 San Martin Park - Lighting $90,927 $54,556 $36,371
San Martin Park - Roof $124,740 $74,844 $49,896
Subtotal $9,573,232 $5,340,137 $4,233,095
Engineering and Design $763,501
Construction Management $884,851
6 Project Description Total ECM
Cost
Materials
Cost
Labor
Cost
Commissioning/Inspections $142,390
Investment Grade Audit $120,000
Training and Warranty Service $91,536
Total ECM Direct Cost: $11,575,510
Project Administration $97,384
Bonds/Insurance/Permits $231,510
Project Contingency $399,355
Total Project Direct Cost: $12,303,759
Overhead $1,230,376
Fee $615,188
TOTAL PROJECT PRICE $14,149,323
7 ATTACHMENT B

SCOPE OF WORK
INVESTMENT GRADE AUDIT: Contractor has prepared the complete Investment Grade Audit (IGA) dated June 18, 2024. The IGA describes some, or possibly all, of the ECMs agreed upon by the parties, but the specific ECMs to be implemented through this Project are identified below, and the Savings, and Performance Assurance agreed to by the parties are identified and described in Attachment D.

Investment Grade Audit (IGA) is defined as the report prepared by Contractor that describes the overall project, facilities condition, historical energy consumption the scope of work of the proposed ECMs and a summary of the estimated Installation Costs and Savings.

Attachment B-1a (HVAC Scope of Work)
A summary of the intended mechanical scope in each building is provided below followed by a detailed scope of Work for each building. Refer to Figures B-1a and B-1b for preliminary drawings supporting the descriptions below. This scope of Work includes developing these drawings into 100% construction documents for permitting as required.

HVAC Scope of Work Summary:

1. City Hall – The HVAC systems serving Lakewood City Hall are to be upgraded and transitioned from a water-cooled system to an air-cooled system. The scope includes removal of the existing chiller, cooling tower, ice storage tanks, pumps, two (2) AHUs, and associated piping. The new system will be installed with two (2) new AHUs, one (1) new air-cooled chiller, two (2) new pumps, chemical pot feeder, expansion tank, buffer tank, and air separator. The new air-cooled chiller will be installed where the ice storage tanks are currently located. The heating hot water system will remain in place.

2. The Centre – The HVAC systems serving the Centre are to be replaced and upgraded.

The scope includes replacement of five (5) existing packaged RTUs, an upgrade of four (4) existing split systems serving the CATV Studio and associated areas to a single VRF system, and installation of one (1) new RTU to serve the second-floor event space.

3. Bloomfield Park - Replace three (3) gas fired furnaces and two (2) associated cooling only condensing units with three (3) new split system heat pumps. Replace one (1) gas fired packaged RTU with one (1) new electric packaged heat pump. The new system will be 100% electric with economizer and capable of both heating and cooling.

4. Monte Verde Park Lodge - Replace two (2) gas fired furnaces and two (2) associated cooling only condensing units with two (2) new split system heat pumps. The new system will be 100% electric with economizer and capable of both heating and cooling. Replace two (2) existing exhaust fans with two (2) new exhausts fans of equivalent size and capacity.

5. Arbor Yard (Water office) - Replace three (3) existing end of life RTUs serving the Arbor Yard Water Office building with three (3) new more efficient HP units of equivalent 8 size and capacity. Replace two (2) existing roof mounted exhaust fans with two (2) new exhaust fans of equivalent size and capacity.

6. Arbor Yard (Print/Meter Shop) - Replace three (3) existing end of life RTUs serving the Arbor Yard Print Shop with three (3) new more efficient units of equivalent size and capacity. Replace one (1) existing roof mounted exhaust fan with one (1) new exhaust fan.

7. Arbor Yard (Plumbing Office/Shop) – Replace one (1) existing split system heat pump and two (2) existing exhaust fans with one (1) new split system heat pump, two (2) new exhaust fans, and one (1) new supply fan to serve the office.

8. Biscailuz Park - Upgrade one (1) existing gas fired furnace with one (1) new split system heat pump.

9. San Martin Park - Upgrade one (1) existing furnace and one (1) existing through wall AC unit to one (1) new split system heat pump.

General Conditions:
 Design and submission of plans meeting the standards of 2023 Los Angeles County Building Code.
 Plan check and permitting fees
 Project management
 Project Safety planning and supervision
 Coordination and scheduling of the trade subcontractors necessary to complete the project
 Equipment purchase, delivery, and storage
 Rigging, setting and securing of new equipment
 Equipment attachments to structures and curbs
 Safe off and code compliant demolition and disposal of existing equipment including those utilizing refrigerant(s)
 Normal construction site clean up
 Offsite recycling and disposal of existing equipment
 New equipment startup and commissioning support
 City training of newly installed systems
 Temporary covering of openings where applicable
 Utilities shutdown and coordination when necessary for completion of the project scope  City Hall: Temporary cooling/heating during cut-over of new chiller as required to maintain building temperature.
 Insulation of all newly installed ducting and piping
 Condensate drain routing to a code compliant locations  See drawings for location details
 Roofing patch/repair and flashing of new curbs
Clarifications and Qualifications:
• Work is based on approved methods of industry standards, applicable codes, and regulations.
9 • Work includes testing/commissioning to validate functionality of equipment, including testing and air balance reports at the new equipment.
• HVAC system upgrades may require a temporary shutdown of services at select locations during the completion of the project. Temporary cooling and heating to be provided as required.
• Existing ductwork will be scoped for dirt and dust and report conditions to City. Where directed, Contractor will perform duct cleaning.
• Existing ductwork, hydronic, and refrigerant piping to be reused to the greatest extent possible except where specifically called out in the approved project documents as new.

Prior to re-use at points of interconnection, ductwork will be evaluated for damage and repaired as required to interconnect with new equipment. • All work is assumed to be on regular time as defined by the local unions. Exceptions for craning, installation, and start-up of new units are noted in the following building level scope descriptions, and will be coordinated in advance with City at no additional cost to the City.
• The preliminary Schedule of the Work is included in Attachment B. The Customer and Contractor mutually agree to facilitate completion of the Work while minimizing any disruption to building operations.

Exclusions:
• Any work or repairs not identified in scope of Work or affected by the scope of Work. • Fire Protection and Fire Alarm System Upgrades
• Repair or troubleshooting of existing electrical issues or code violations outside of the scope of Work with the understanding that any electrical scope required for HVAC operations is included in Contractor’s scope.
• Demolition of existing HVAC systems not specifically referenced in this scope of Work • Painting of exposed conduit
• Roof penetrations and roof patches outside described scope of Work. • Tree trimming/shrub removal and replacement are required for access for cranes, lifts, etc.

Contractor Areas Impacted:

Contractor shall provide all necessary certifications, coordination, materials, equipment, machinery, tools, apparatus, and other means of construction including, supervision, site safety, testing and inspection, superintendence, overhead, expenses, and all labor and expenses of whatever nature necessary to complete the HVAC Project including the Work outlined below:

Detailed HVAC Scope of Work by Building:

City Hall HVAC Upgrade - The mechanical scope of Work for Lakewood City Hall HVAC upgrade includes turnkey replacement of two (2) AHUs and the chilled water system serving the building.

Decommission and removal of the existing water-cooled HVAC system, including:
 One (1) Chiller
 One (1) Cooling tower
 Two (2) Air Handling Units (AHUs)
10  All pumps and piping associated with the cooling system as well as air separator, expansion tank, and chemical pot feeder.
 Ice storage tanks and associated piping and system components.

Prepare the site for the installation of the new air-cooled system, ensuring:
 Demo the ducts and piping as necessary to make room for new equipment. Integrate new AHU’s to existing ductwork in the basement.
 Clear the area where the ice storage tanks are located and prepare for the install/placement of new air-cooled chillers.
 Provide and install ductwork as required to provide outside air to the new AHUs. Make modifications to the existing equipment curbs/pads in the basement to accommodate new equipment. Provide new pad and enclosure for exterior mounted equipment.

Installation of new equipment:
 Contractor to validate no construction debris in ductwork upon completion.  Provide and install two (2) new AHUs w/ integral economizers and new control valves.  Provide and install one (1) new air-cooled chiller.
 Provide and install two (2) new chilled water pumps.
 Provide all necessary ductwork and piping modifications needed to accommodate new equipment.
 Provide final duct connections between new equipment and existing ductwork serving the building.
 Provide new chilled water piping, insulation, valves, and trim.  Provide and install new air separator, expansion tank, buffer tank, and chemical pot feeder
Clarifications:
 New chillers to be placed in the location of the existing ice storage tanks.  New pumps to be designed based on new chiller and system requirements.  Coordinate HVAC Work with roof Work.

The Centre HVAC Upgrade - The mechanical scope of Work for the Centre HVAC upgrade includes turnkey replacement of five (5) existing packaged RTUs (see drawings), upgrade of four (4) split systems serving the CATV Studio to a new VRF system, and one (1) new RTU to supplement the 2nd floor event space.

Decommission and removal of the existing equipment, including:
 Five (5) packaged RTUs (AC-1 thru 4 and AC-KITCH)
 One (1) ductless wall mounted fan coil unit
 Three (3) ducted fan coil units
 Four (4) outdoor condensing units
Prepare for the installation of the new equipment:
 Remove existing refrigerant piping between indoor fan coil and outdoor condensing units.
 Prepare the roof and equipment mounting surfaces.
 Provide equipment mounting modifications at the roof, as necessary. 11  Provide new roof penetration and roof curb to accommodate new second floor event space RTU (future equipment tag AC-7), including structural evaluation and upgrades required to support the new unit.

Installation of new equipment:
 Current and replacement equipment is summarized in the following table:

Current
Equipment
Tag
Serving Equipment
Location
In Scope for
Replacement
?
New
Equipment
Tag
Replacement Notes
AC-1 Council Chambers Roof Yes AC-1 Replacement in kind AC-2 Atrium Roof Yes AC-2 Replacement in kind
AC-3
Offices, L1 Event
Rooms Roof Yes AC-3 Replacement in kind
AC-4 Ballroom Roof Yes AC-4 Replacement in kind
AC-5
Ballroom
(Supplemental) Roof No AC-5
Unit already replaced with
a service order
HP-4/FC-4 Recording Studio Roof Yes HP-1
Being replaced with VRF
system
AC-Kitch Ballroom Kitchen Roof Yes AC-6 Replacement in kind New Unit Ballroom
(Supplemental) Roof N/A AC-7
New supplemental unit
currently serving the
Ballroom
HP-1/FC-1 Studio IT Room Ground Yes HP-1
Being replaced with VRF
system
HP-2/FC-2
Studio
Editing/Offices Ground Yes HP-1
Being replaced with VRF
system
HP-3/FC-3
Studio
Editing/Offices Ground Yes HP-1
Being replaced with VRF
system
 Provide and install new roof curbs or modify the existing curbs as necessary to accommodate the new AHUs.
 Provide and install (4) new packaged AHUs (AC-1 thru 4) w/ economizer(s) and (2) new unitary heat pumps (AC-KITCH and AC-7)
 Provide and install new ductwork to serve new RTU (AC-7) according to the provided drawing sketch including,
o New supply and return duct(s) and diffusers
o Transition and final connections between the new RTU (AC-7) and the new supply and return duct(s)
 Provide and install (4) new VRF fan coil units to serve the CATV Studio in same location as existing.
 Provide and install (1) new outdoor VRF condensing unit and (1) new VRF mode control unit.
 Provide and install new refrigeration lines between the indoor fan coil units and outdoor condensing unit and make final connections.
 Contractor to validate no construction debris in ductwork upon completion. 12 Clarifications:
 Existing ductwork to be reused to the greatest extent possible  Condensate drain routing and termination points to be field verified and installed according to code. Functioning of condensate drain to be tested as part of commissioning.
 The existing supplemental RTU (AC-5) serving the second floor event space is already scheduled for replacement and is not in scope.
 Coordinate HVAC work with roof work.

Bloomfield Park HVAC Upgrade – The mechanical scope of Work at Bloomfield Park includes turnkey replacement of three (3) existing gas fired furnaces and two (2) associated cooling only condensing units with three (3) new split system heat pumps and replacement of (1) one existing gas fired packaged RTU with one (1) new electric packaged heat pump. The new system to be fully electric with economizer(s) and capable of both heating and cooling.

Decommission and removal of the existing equipment, including:
 Three (3) gas-fired furnaces
 Two (2) remote condensing units and the associated piping  One (1) gas-fired packaged rooftop unit (RTU)
Prepare for the installation of the new equipment:
 Safe off the gas line(s) at appropriate locations. The gas will not be reused. New systems to be electric heat pump.
 Make equipment pad/curb and duct modifications as necessary to accommodate new equipment.

Installation of new equipment:
 Provide and install three (3) new heat pump units.
 Provide and install three (3) new condensing units. New units to be installed in the service yard.
 Provide and install new refrigerant piping between new fan coil and condensing units.  Provide and install new equipment curb as necessary to accommodate one (1) packaged heat pump RTU.
 Provide and install one (1) new electric packaged heat pump RTU.  Provide duct connections between new equipment and existing ductwork serving the building.
 Provide and install condensate drain lines between new equipment and final drain locations.

Clarifications:
 Existing ductwork to be reused to the greatest extent possible.  New system(s) are fully electric. The gas supply to the HVAC equipment will be capped off and not be reused. The gas supply to the kitchen and water heaters will remain intact.  Condensate drain routing and termination points to be field verified and installed according to code. Functioning of condensate drain to be tested as part of commissioning.
 New fan coil units to be installed at location of the existing furnaces.  Coordinate HVAC work with roof work.
13 Monte Verde Park Lodge HVAC Upgrade - The mechanical scope of Work at Monte Verde Park Lodge includes turnkey replacement of two (2) existing gas fired furnaces and two (2) associated cooling only condensing units with two (2) new split system heat pumps . The new system will be fully electric with economizer(s) and capable of both heating and cooling. Replacement of two (2) existing exhaust fans with two (2) new exhausts fans of equivalent size and capacity.

Decommission and removal of the existing equipment, including:
 Two (2) gas-fired furnaces
 Two (2) condensing units
 Two (2) exhaust fans
Prepare for the installation of the new equipment:
 Demo the supply and return ducts at the existing equipment as necessary to make room for new equipment.

Installation of new equipment:
 Provide and install two (2) new fan coil units. New units to be installed at the location of the existing equipment (attic). Provide and install two (2) new heat pump condensing units. New units to be installed at the location of the existing equipment.  Provide and install refrigeration lines and make connections between the new fan coil and condensing units
 Provide and install two (2) new exhaust fans. New equipment to be equivalent size and capacity to the existing.
 Provide duct connections between new equipment and existing ductwork serving the building.
 Provide and install condensate drain lines between new equipment and final drain locations. Functioning of condensate drain to be tested as part of commissioning.

Clarifications:
 Existing ductwork to be reused to the greatest extent possible.  New system(s) are fully electric. The gas supply to the HVAC equipment was previously capped off outside of the building and will not be reused. 14 Arbor Yard (Water office) HVAC Upgrade - The mechanical scope of Work at the Arbor Yard Water Office includes turnkey replacement of three (3) existing end of life RTUs with (3) new higher efficient units of equivalent size and capacity and replacement of two (2) existing roof mounted exhaust fans with two (2) new exhaust fans of equivalent size and capacity.

Decommission and removal of the existing equipment, including:
 Three (3) gas-fired packaged RTUs
 Two (2) roof mounted exhaust fans
Prepare for the installation of the new equipment:
 Demo the supply and return ducts at the existing equipment as necessary to make room for new equipment. Existing ductwork to be reused to the greatest extent possible.  Safe off the gas line(s) serving the RTUs at appropriate locations. The gas will not be reused. New systems to be electric heat pump.
 Make equipment curb and duct modifications as necessary to accommodate new equipment.
 Install new curb adapters on existing RTU curbs.

Installation of new equipment:
 Provide and install (3) new packaged heat pump RTUs with curb adapters.  Provide and install two (2) new exhaust fans.
 Provide duct connections between new equipment and existing ductwork serving the building.
 Provide and install condensate drain lines between new equipment and final drain locations. Functioning of condensate drain to be tested as part of commissioning.

Clarifications:
 New system(s) are fully electric. Existing gas supply to the HVAC equipment to be capped at an appropriate location.
 Coordinate HVAC work with roof work.

Arbor Yard (Print/Meter Shop) HVAC Upgrade - The mechanical scope of Work at the Arbor Yard Print/Meter Shop includes turnkey replacement of three (3) existing end of life heat pump RTUs with three (3) new more efficient heat pump units of similar size and capacity and replacement of (1) existing roof mounted exhaust fan with one (1) new exhaust fan, and one (1) through wall A/C with one (1) new through wall A/C unit.

Decommission and removal of the existing equipment, including:
 Three (3) packaged RTUs.
 One (1) through wall A/C unit
 One (1) roof mounted exhaust fan
Prepare for the installation of the new equipment:
 Make duct modifications as necessary to accommodate new equipment.  Install new curbs for roof-mounted equipment.

Installation of new equipment:
 Provide and install three (3) new packaged heat pump RTUs with roof curbs.  Provide and install one (1) new exhaust fans
 Provide and install one (1) new through wall A/C unit  Provide duct connections between new equipment and existing ductwork serving the building.
15  Provide and install condensate drain lines between new equipment and final drain locations. Functioning of condensate drain to be tested as part of commissioning.

Clarifications:
 Coordinate HVAC work with roof work.
 Existing ductwork to be reused to the greatest extent possible.  Condensate drain routing and termination points to be field verified and installed according to code.

Arbor Yard (Plumbing Office/Shop) HVAC Upgrade - The mechanical scope of Work for the Arbor Yard Plumbing Office/Shop includes turnkey replacement of one (1) existing split system heat pump and two (2) existing exhaust fans with one (1) new split system heat pump, two (2) new exhaust fans, and one (1) new supply fan to provide ventilation to the office.

Decommission and removal of the existing equipment, including:
 One (1) indoor fan coil unit
 One (1) outdoor fan coil unit
 Two (2) exhaust fans
Prepare for the installation of the new equipment:
 Provide and install refrigerant piping between new fan coil and condensing unit.  Make exhaust fan curb and duct modifications as necessary to accommodate new exhaust fans.
 Provide new roof penetration and mounting assembly to house new supply fan serving the office.
 Provide new ceiling diffuser, roof intake hood/gooseneck, and associated ductwork for the new supply fan from the roof to the office being served.

Installation of new equipment:
 Provide and install one (1) new indoor fan coil unit and one (1) new outdoor condensing unit.
 Provide and install two (2) new exhaust fans.
 Provide and install one (1) new supply fan.
 Provide and install condensate drain lines between new equipment and final drain locations. Functioning of condensate drain to be tested as part of commissioning.

Clarifications:
 There is not an existing supply fan in use. The supply fan is part of a new design to meet ventilation requirements.
16 Biscailuz Park HVAC Upgrade - The mechanical scope of Work for Biscailuz Park includes turnkey replacement of one (1) existing gas fired furnace with one (1) new split system heat pump.

Decommission and removal of the existing equipment, including:
 One (1) gas-fired furnace
Prepare for the installation of the new equipment:
 Make housekeeping pad and duct modifications as necessary to accommodate new equipment.
 Safe off the gas line(s) at appropriate locations. The gas will not be reused. New system to be electric heat pump.

Installation of new equipment:
 Provide and install (3) new VRF fan coil units to serve the multipurpose room and two offices. Fan coil serving the multipurpose room shall be located in existing furnace closet. Fan coils serving the offices shall be ceiling cassettes mounted within the space.  Provide and install (1) new outdoor VRF condensing unit.  Provide and install new refrigeration lines between the indoor fan coil units and outdoor condensing unit and make final connections.
 Provide and install one (1) new supply fan to provide ventilation to the new office cassette fan coils.
 Provide and install condensate drain lines between new equipment and final drain locations. Functioning of condensate drain to be tested as part of commissioning.

Clarifications:
 Existing ductwork to be reused to the greatest extent possible  Condensate drain routing and termination points to be field verified and installed according to code.
17 San Martin Park HVAC Upgrade - The mechanical scope of Work for the San Martin Park HVAC upgrade includes turnkey replacement of (1) existing furnace and one (1) existing through wall A/C unit with one (1) new split system heat pump providing both heating and cooling.

Decommission and removal of the existing equipment, including:
 One (1) gas-fired furnace
 One (1) through wall A/C unit
Prepare for the installation of the new equipment:
 Demo the supply and return ducts at the existing equipment as necessary to make room for new equipment.
 Safe off the gas line(s) at appropriate locations. The gas will not be reused. New system to be electric heat pump.

Installation of new equipment:
 Provide and install one (1) new split system heat pump including two (2) new indoor VRF fan coil units. Fan coil serving the event space shall be located in existing furnace closet.

Fan coil serving the office shall be a ceiling cassette mounted within the space.  Provide and install one (1) new outdoor VRF condensing unit.  Provide and install new refrigerant piping between the new fan coil and condensing units.
 Provide duct connections between new equipment and existing ductwork serving the building.
 Provide and install condensate drain lines between new equipment and final drain locations. Functioning of condensate drain to be tested as part of commissioning.

Clarifications:
 New system(s) are fully electric. Existing gas supply to the HVAC equipment to be capped at an appropriate location.
 Condensate drain routing and termination points to be field verified and installed according to code.
18 Attachment B-1b (Controls Scope of Work)
The following controls scope is intended to centralize the HVAC controls for several City of Lakewood buildings in conjunction with HVAC upgrades. A summary of the intended controls scope for each building is provided below followed by a more detailed scope of Work. The new Energy Management Control System (EMCS) and workstation will be installed to monitor and control the various mechanical equipment in each building.

Controls Scope of Work Summary:

Workstation/Front End - Provide and install one (1) new PC/Server with Delta Enteili Web to communicate with City of Lakewood buildings including City Hall, The Centre, Bloomfield Park, Monte Verde Park Lodge, three (3) buildings at Arbor Yard, Biscailuz Park, Burns Community Center, and San Martin Park. Provide new graphics and all licenses for a complete turnkey system.

1. City Hall – Install a new DDC system to control and monitor the new HVAC equipment including two (2) air-handling units, one (1) air-cooled chiller, two (2) chilled water pumps, the existing heating hot water system, variable air volume boxes, and the new nLight Eclypse lighting controls system (includes exterior and parking lot lights).

2. The Centre – Install a new DDC system to control and monitor the HVAC equipment including six (6) rooftop packaged units , thirty-four (34) variable air volume boxes, the new VRF system serving the CATV Studio area, one (1) new roof top unit serving the 2nd floor conference room, and the new nLight Eclypse lighting control system (includes exterior and parking lot lights).

3. Bloomfield Park - Install a new DDC system to control and monitor the new HVAC equipment including three (3) split system heat pump units and one (1) packaged roof top heat pump unit.

4. Monte Verde Park Lodge - Install a new DDC system to control and monitor the new HVAC equipment including two (2) split system heat pumps and two (2) exhaust fans.

5. Arbor Yard (Water Office) - Install a new DDC system to control and monitor the new HVAC equipment including three (3) roof top units and one (1) exhaust fan.

6. Arbor Yard (Print/Meter Shop) – Install a new DDC system to control and monitor the new HVAC equipment including three (3) roof top units and one (1) exhaust fan.

7. Arbor Yard (Plumbing Office/Shop) – Install a new DDC system to control and monitor the new HVAC equipment including one (1) split system heat pump unit, two (2) exhaust fans, and one (1) supply fan.

8. Biscailuz Park – Install a new DDC system to control and monitor the new HVAC equipment including one (1) new gas furnace.

9. Burns Community Center – Provide a new DCC system to monitor and control the existing HVAC equipment including AC-1 and AC-2 MZU.
19 10. San Martin Park - Install a new DDC system to control and monitor the new HVAC equipment including one (1) indoor heat pump unit and one (1) outdoor heat pump unit.

General Conditions include:
 Migration of the new HVAC equipment to the new, centralized EMS.  Labor to create new scheduling, graphics, trend collection and alarming.  Scope assumes client provided dedicated IP addresses, network switches, and network access ports to allow the new PC/Server to access the various buildings.  Controls terminals (end points) will use existing control wire, where it exists. During installation, Contractor will test and replace as needed for functional system.  Heating hot water valves will be reused. During installation, Contractor will test and replace as needed for functional system.
 HVAC equipment ordering and install coordination.

Clarifications and Qualifications:
 Network configuration, Firewalls and Virus Protection are not included in the scope of Work.
 Work is based on approved methods of industry standards, applicable codes, and regulations.
 All work is assumed to be on regular time as defined by the local unions.  The preliminary Schedule of the Work is included in Attachment B. The Customer and Contractor mutually agree to facilitate completion of the Work while minimizing any disruption to building operations.

Detailed Building Controls Scope of Work by Location:

City Hall Building Controls Upgrade – The controls scope of Work at Lakewood City Hall includes turnkey installation of a new DDC system to control and monitor the HVAC equipment including two (2) AHUs, one (1) air-cooled chillers, two (2) chilled water pumps, the existing heating hot water system and variable air volume boxes, and the new nLight Eclypse lighting controls system inclusive of exterior and parking lot lights.  Chilled Water System: one (1) air-cooled chillers and two (2) chilled water pumps o Retrofit Existing NEMA1 Hoffman enclosure with a new back panel.  New controller with I/O modules will be installed to control both the chilled water and boiler systems.
o Provide and install the following new sensors and devices:
 Chiller 1 Supply Temperature
 Chiller 2 Supply Temperature
20  Building Chilled Water Supply Temperature
 Building Chilled Water Return Temperature
 Chilled Water Bypass Valve
 Chiller 1 Enable
 Chiller 1 Reset
 Chiller 1 Alarm
 Chiller 2 Enable
 Chiller 2 Reset
 Chiller 2 Alarm
 CHW Primary Pump 1 VFD Enable
 CHW Primary Pump 1 Status
 CHW Primary Pump 1 VFD Speed
 CHW Primary Pump 2 VFD Enable
 CHW Primary Pump 2 Status
 CHW Primary Pump 2 VFD Speed
 CHW Differential Pressure Sensor
 Hot Water System
o Use existing wiring and devices:
 Building Hot Water Supply Temperature
 Building Hot Water Return Temperature
 Outside Air Temperature
 Outside Air Humidity
 HW Pump Start/Stop
 HW Pump Status
 Boiler Enable
 Boiler Alarm
 Air Handler Units (Typical of 2)
o Provide and install an IP based Delta Controller inclusive of network cabling for each air handler with new NEMA 1 enclosure.
o Provide and install the following new sensors and devices for each air handling unit:
21  Supply Air Temperature
 Return Air Temperature
 Mixed Air Temperature
 Supply Air Static Pressure Sensor
 Supply Fan VFD Enable
 Supply Fan Status
 Supply Fan VFD Speed
 Return Fan VFD Enable
 Return Fan Status
 Return Fan VFD Speed
 Chilled Water Valve
 Economizer Damper Actuators
 Filter Status
 VAV’s
o Provide and install twenty-four (24) new VAV application controllers o Install new MSTP com
o Provide and install new room sensor (use existing wire) o Use existing reheat valves, if in acceptable operating condition  Lighting Controls
o Integration to the nLight Eclypse via BACNet IP.
22 The Centre Building Controls Upgrade – The controls scope of Work at The Centre includes turnkey installation of a DDC system to control and monitor the HVAC equipment including seven (7) packaged rooftop units, thirty-four (34) variable air volume boxes, the new VRF system serving the CATV Studio area, one (1) new RTU serving the 2nd floor conference room, and the new nLight Eclypse lighting control system inclusive of exterior and parking lot lights.

AC-1 thru AC-5, AC-6 (Existing Supplemental Ballroom unit), and the New AC-7 unit o Provided RTUs with new controls devices and sensors to complete a fully functional controls system.
o Provide labor and material to install the devices and sensors provided needed for each RTU.
o Provide labor and material to run communication wire between the new RTUs and the BMS network.
o Integrate the new, controllers to the Delta Enteli Web Server New (4) Zone VRF System
o Retrofit Existing NEMA 1 Hoffman enclosure with a new back panel.  New VRF Gateway to be installed.
o Utilize existing wire and conduit, if in acceptable condition, for the following:
 Space temperature/humidity sensors
 Duct temperature sensors
 Current sensors to monitor fan status
o Integrate the new VRF Gateway to the Delta Enteli Web server.

VAV’s
o Provide and install a thirty-four (34) new VAV application controllers. o Install new MSTP communication wire.
o Provide and install new room sensor (use existing wire, if in acceptable condition) o Use existing reheat valves.

Boiler Control
o The boiler points will reuse existing wiring and devices, if in acceptable condition, including:
 Boiler enable and status.
 HW pump enable and status.
 HW supply and return temperature(s)
Lighting Controls
o Integrate to the nLight Eclypse via BACNet IP.
23 Clarifications
 Existing wiring and sensors will be reused, if in acceptable condition.  Work on the kitchen application controller is not included. 24 Bloomfield Park Building Controls Upgrade – The controls scope of Work at Bloomfield Park includes turnkey installation of a new DDC system to control and monitor the new HVAC equipment including three (3) split system heat pumps and one (1) packaged roof top heat pump unit.
 Provide and install a new communication router and network cabling to migrate the new HVAC equipment data to the Energy Management System (EMS) front end.  Provide and install new communication wire between the HVAC equipment onboard controllers and the communication router.
 Provide labor and install material to install the low voltage wire and remote sensors to complete the HVAC equipment installation.
 Three (3) Split system heat pumps and one (1) packaged roof top heat pump unit:
o New Delta controller
o Supply and space temperature(s)
o Cooling and heating enable.
o Fan status.

Monte Verde Park Lodge Building Controls Upgrade – The controls scope of Work at Monte Verde Park Lodge includes turnkey installation of a new DDC system to control and monitor the new HVAC equipment including two (2) split system heat pumps and two (2) exhaust fans.  Provide and install a new communication router and network cabling to migrate the new HVAC equipment data to the Energy Management System (EMS) front end.  Provide and install new communication wire between the HVAC controllers, the application controller, and the communication router.
 Provide labor and materials to install the low voltage wire and remote sensors to complete the HVAC equipment installation.
 Provide and install a new application controller with a NEMA 1 enclosure to monitor and control the two (2) Exhaust fans.
o Provide 120VAC to the new enclosure.
o Provide two (2) current sensors to monitor the status of the exhaust fans. o Provide two (2) relays for start/stop of the exhaust fans.  Two (2) Split system heat pump units:
o New Delta controller
o Supply and space temperature.
o Cooling and heating enable.
o Fan status.
25 Arbor Yard (Water Office) Building Controls Upgrade – The controls scope of Work at the Arbor Yard Water Office includes turnkey installation of a new DDC system to control and monitor the new HVAC equipment including three (3) RTUs and one (1) exhaust fan.  Provide and install a new communication router and network cabling to migrate the new HVAC equipment data to the Energy Management System (EMS) front end.  Provide and install new communication wire between the onboard controllers, application controller(s) and the communication router.
 Provide labor and material to install the low voltage wire and remote sensors to complete the HVAC equipment installation.
 Provide and install a new application controller with a NEMA 1 enclosure to monitor and control the two (2) Exhaust Fans.
o Provide 120VAC to the new enclosure.
o Provide two (2) current sensors to monitor the status of the exhaust fan(s). o Provide two (2) relays for start/stop of the exhaust fan(s).  Three (3) RTUs:
o New Delta controller
o Supply and space temperature.
o Cooling and heating enable.

Arbor Yard (Print/Meter Shop) Building Controls Upgrade – The controls scope of Work at the Arbor Yard Print/Meter Shop includes turnkey installation of a new DDC system to control and monitor the new HVAC equipment including three (3) RTUs and one (1) exhaust fan.  Provide and install a new communication router and network cabling to migrate the new HVAC equipment data to the Energy Management System (EMS) front end.  Provide and install new communication wire between the onboard controllers, application controller(s) and the communication router.
 Provide labor and material to install the low voltage wire and remote sensors to complete the HVAC equipment installation.
 Provide and install a new application controller with a NEMA 1 enclosure to monitor and control the one (1) Exhaust Fan.
o Provide 120VAC to the new enclosure.
o Provide one (1) current sensor to monitor the status of the exhaust fan. o Provide one (1) relays for start/stop of the exhaust fan.  Three (3) RTUs:
26 o New Delta Controller
o Supply and Space Temperature.
o Cooling and Heating enable.

Arbor Yard (Plumbing Office/Shop) Building Controls Upgrade – The controls scope of Work at the Arbor Yard Plumbing Office/Shop includes turnkey installation of a new DDC system to control and monitor the new HVAC equipment including one (1) split system heat pump unit, two (2) exhaust fans, and one (1) supply fan.
 Provide and install a new communication router and network cabling to migrate the new HVAC equipment data to the Energy Management System (EMS) front end.  Provide and install new communication wire between the onboard controllers, application controller(s) and the communication router.
 Provide labor and material to install the low voltage wire and remote sensors to complete the HVAC equipment installation.
 Provide and install a new application controller with a NEMA 1 enclosure to monitor and control the Two (2) Exhaust Fans and one (1) Supply Fan. o Provide 120VAC to the new enclosure.
o Provide three (3) current sensors to monitor the status of the exhaust and supply fans. o Provide three (3) relays for start/stop of the exhaust and supply fans.  One (1) Split system heat pump unit
o New Delta controller
o Supply and space temperature.
o Cooling and heating enable.

Biscailuz Park Building Controls Upgrade - The controls scope of Work at Biscailuz Park includes turnkey installation of a new DDC system to control and monitor the new HVAC equipment.
 Provide and install a new communication router and network cabling to migrate the new HVAC equipment data to the Energy Management System (EMS) front end.  Provide and install new communication wire between the HVAC equipment onboard controllers and the communication router.
 Provide labor and material to install the low voltage wire and remote sensors to complete the HVAC equipment installation.
 One (1) Gas furnace:
o New Delta controller
27 o Supply and space temperature.
o Heating enable.

Burns Community Center Controls Upgrade – The following scope is intended to provide a new Direct Digital Controls (DDC) system to monitor and control the existing HVAC equipment at Burns Community Center including AC-1 with six (6) Dual Duct zones, AC-2 MZU with nine (9) zones.
 Integrate to the existing onboard controllers serving units AC-1 and AC-2 MZU  Space sensors will be added to these split systems for viewing of conditions  AC-1 w/six (6) Zones
o Provide Bacnet IP connection to unit.
o Provide and install a new Dual Duct VAV application controller at each Dual Duct zone (Qty. 6).
o 24VAC to each VAV controller.
o Provide and install the following new sensors and devices for each Dual Duct zone:
 Cold Deck Damper Actuator
 Hot Deck Damper Actuator
 Cold Deck Air Velocity
 Hot Deck Air Velocity
 Discharge Air Temperature
 Space Temperature
 Space Temperature Set Point
 Space CO2 (only two zones)
 AC-2 MZU w/ nine (9) Zones
o Provide Bacnet IP connection to unit.
o Provide virtual access to the following sensors and devices for each zone as applicable and available through the existing PCO Controller:
 Cold Deck Damper Actuator
 Hot Deck Damper Actuator
 Discharge Air Temperature
 Space Temperature
 Space Temperature Set Point
28 Clarifications –
 PCO integration success depends on device firmware and ability to accept the PCO-Net or PCO-Web cards. Additional programming and firmware updates are not included for these devices.

San Martin Park Controls Upgrade – The controls scope of Work at San Martin Park includes turnkey installation of a new DDC system to control and monitor the new HVAC equipment with heating and cooling including one (1) indoor heat pump unit and one (1) outdoor heat pump unit.  Provide and install a new communication router and network cabling to migrate the new HVAC equipment data to the Energy Management System (EMS) front end.  Provide and install new communication wire between the HVAC equipment onboard controllers, application controller and the communication router.  Provide labor and material to install the low voltage wire and remote sensors to complete the HVAC equipment installation.
 One (1) Split system heat pump unit:
o New Delta controller
o Supply and space temperature
o Heating and cooling enable
o Fan status
29 Attachment B-2 (Electrical Scope of Work)
A summary of the intended electrical scope in each building is provided below followed by a detailed scope of Work for each building. Refer to Figure B-2 for preliminary drawings supporting the descriptions below. This scope of Work includes developing these drawings into 100% construction documents for permitting as required.

Electrical Scope of Work Summary:

1. City Hall – Disconnect and reconnect electrical to support the new HVAC.

2. The Centre – Disconnect and reconnect electrical to support replacement of five (5) rooftop units. Provide safe off of four (4) existing split system heat pumps and new power to four (4) indoor VRF fan coil units and one (1) new outdoor VRF condensing unit. Provide new electrical power supply and connection to serve one (1) new packaged RTU (AC-7).

3. Bloomfield Park – Disconnect and reconnect electrical to support the new HVAC.

Replace the main switchboard, sub-panels, and feeders.

4. Monte Verde Park Lodge – Disconnect and reconnect electrical to support the new HVAC.

5. Mae Boyer Park (Nye Library) – Replace the main switchboard, sub-panels, and feeders.

6. Arbor Yard (Water Office) – Disconnect and reconnect electrical to support the new HVAC.

Arbor Yard (Print/Meter Shop) – Disconnect and reconnect electrical to support the new HVAC.

Arbor Yard (Plumbing Shop) – Disconnect and reconnect electrical to support the new HVAC.

7. Biscailuz Park – Disconnect and reconnect electrical to support the new HVAC.

Replace the main switchboard, sub-panels, and feeders.

8. Burns Community Center – Replace the main switchboard, sub-panels, and feeders.

9. San Martin Park – Disconnect and reconnect electrical to support the new HVAC.

Replace the main switchboard, sub-panels, and feeders.

General Conditions:
 Arc Flash and Short Circuit study at all sites including labeling of equipment.  Regular working hours
 Utility and operations coordination for shutdowns
 Permitting
 Safety
 Temporary power where shutdowns required
 Trash removal and recycling throughout the project.
 Lifting of materials, etc.
30  Paint and patch where applicable.
 As-Built drawings including load calculations and specifications.  Moving of furnishings etc. to access the working area(s) will be provided by others.  New systems will meet national and local code(s)
 Equipment specified meets the intended application.
 Dimensions of panel footprint and location of existing conduits on shown on site plan(s)  Where applicable transformers and panels to be placed inside or in an enclosed area restricted from public access
 Any equipment that is going to be located in a corrosive environment will be specified as NEMA 4X.

Clarifications:
 Scope assumes lay down area(s) will be provided onsite.  Work is based on approved methods of industry standards, applicable codes, and regulations.
 Electrical upgrades shall require a shutdown of services at the following locations: Mae Boyar Park, Burns Community Center, San Martin Park, Biscailuz Park and Bloomfield Park. The shutdowns will be coordinated to minimize disruptions to staff, and temporary power will be provided to maintain operations. For other locations, Contractor will coordinate with City for minor shutdowns as required and provide temporary power if needed.
 Moving of furnishings etc. to access the working area(s) will be provided by the client.  All work is assumed to be on regular time as defined by the local unions.  The preliminary Schedule of the Work is included in Attachment B. The Customer and Contractor mutually agree to facilitate completion of the Work while minimizing any disruption to building operations.

Exclusions
 Any Work or repairs not identified in scope of Work or affected by the scope of Work.  Fire Protection and Fire Alarm System Upgrades
 Repair or troubleshooting of existing electrical issues or code violations outside of the scope of Work.
 Restoration, rehabilitation, and repair of existing conduit, pipe, and duct insulation systems outside the described scope of Work.
 Demolition of existing electrical systems not specifically referenced in this scope of Work  Painting of exposed conduit
 Roof penetrations and roof patches outside described scope of Work 31  Tree trimming/shrub removal and replacement are required for access for cranes, lifts, etc.
 Does not include the removal and relocation of existing utilities to accommodate new construction.

Detailed Scope of Work by Building:

City Hall Electrical Scope of Work – The HVAC systems serving Lakewood City Hall are to be upgraded and transitioned from a water-cooled system to an air-cooled system. The electrical scope includes disconnect and safe off of the power to the existing chiller, cooling tower, pumps, and two (2) AHUs. Connect power supply to the new system including two (2) new AHUs, one (1) new air-cooled chiller, and two (2) new pumps. The new air-cooled chiller will be installed where the ice storage tanks are currently located. The heating hot water system will remain in place.

HVAC Electrical -
 Disconnect and safe off power for removal of the following:
o two (2) Air-Handling Units
o one (1) Chiller
o one (1) Cooling Tower
o four (4) Pumps
 Demo existing feeders between equipment and electrical panel serving equipment if not reused.
 Demo existing conduit and disconnects as/if required and prep for new Work.

The new system will be installed with:
 Two (2) New Air-Handling Units
o Provide and install new disconnect for new equipment. o Reuse the existing circuit following verification it is sized properly for new equipment. o Provide and install new circuit breakers to serve the new equipment. o Connect electrical power supply to the new equipment.  One (1) New Air-Cooled Chiller (to be installed at location of existing ice storage tanks) o Provide and install new feeders between electrical panel and new equipment. o Provide and install new circuit breakers to serve the new equipment. o Connect electrical power supply to the new equipment.  Two (2) Chilled Water Pumps
o Provide and install feeders between electrical panel and new equipment. o Provide and install new circuit breakers to serve the new equipment. 32 o Connect electrical power supply to the new equipment.

The Centre Electrical Scope of Work – The HVAC systems serving the Centre are to be replaced and upgraded. The electrical scope of Work includes disconnect and safe off of five (5) existing packaged RTUs and four (4) existing split system heat pump units serving the CATV Studio and associated areas. Power will be provided to six (6) new packaged RTUs, the new VRF system serving the CATV Studio area, and one (1) new packaged RTU (AC-7) serving the second-floor event space.

HVAC Electrical -
 Disconnect electrical power supply on existing equipment including:
o Five (5) Rooftop Units
o Four (4) Indoor Heat Pump Units
o Four (4) Outdoor Heat Pump Units
The new system will be installed with:
 Five (5) New packaged RTUs
o Provide and install new disconnects for new equipment. o Reuse the existing circuit(s)
o Provide and install new circuit breakers to serve the new equipment. o Connect electrical power supply to the new HVAC equipment.  One (1) New VRF system
o Provide electrical power supply between electrical panel and new equipment including
 Four (4) New indoor VRF fan coil units
 One (1) New VRF condensing unit
o Provide and install new circuit breakers to serve the new equipment. o Connect electrical power supply to the new HVAC equipment.  One (1) New packaged RTU (AC-7)
o Provide new electrical power supply between electrical panel and new equipment. o Provide and install new circuit breakers to serve the new equipment. o Connect electrical power supply to the new HVAC equipment.

Bloomfield Park Electrical Upgrades – The electrical scope of Work for Bloomfield Park includes replacing the main switchboard, sub-panels, and feeders, disconnect and reconnect power on three (3) furnaces, two (2) condensing units, and one (1) packaged RTU. A new circuit will be provided for one (1) new remote condensing unit in the service yard. 33 Electrical Infrastructure:
 Disconnect and remove the existing old outdoor SCE electrical meter panel in the service yard.
 Disconnect and remove the existing old distribution panel, transformer, electrical boxes.  Disconnect and remove the existing old power feeders connecting the existing old distribution panel to the existing building panelboard(s), and HVAC equipment.  Provide and install new outdoor electric meter panel, transformer, and concrete housekeeping pad. Provide new underground conduit for SCE service conductors.  Provide and install new power feeders from new main switchboard to building panelboard(s) and park lighting.
 Replace the old panelboard and transformer in the pool building.

HVAC Electrical:
 Disconnect power to three (3) existing furnaces and two (2) existing condensing units.  Disconnect power to one (1) existing RTU.
 Provide power and disconnect to serve one (1) new condensing unit.  Provide power to serve one (1) new packaged heat pump unit. New heat pump to replace the existing gas-fired RTU.
 Provide power to three (3) new condensing units, three (3) new fan coil units, and one (1) new packaged roof top heat pump unit.
 Bloomfield Park Near Basketball Courts: Existing panel board and transformers to remain. Replace rusted panel cover at bottom of panel boards.  Bloomfield Park Near Wading Pool: Replace existing enclosures with NEMA 4X panels/enclosures.

Clarifications:
 Verify if SCE will allow wall hung metering as seen in the drawings. If not, move main breaker to MDP panel.
 Two transformers need to be relocated. There needs to be proper (3’) clearance from switches. Recommend new locations such as hanging both transformers on the wall in a stacked formation. If recommending wall hung, include structure modifications as required to support the load.
34 Monte Verde Park Lodge Electrical Scope of Work – The electrical scope of Work for the Monte Verde Park Lodge includes support to disconnect and reconnect electrical on two (2) furnaces, two (2) remote condensing units, and two (2) exhaust fans. New system(s) will be fully electric heat pumps capable of both heating and cooling.

HVAC Electrical:
 Disconnect power to two (2) existing furnaces and two (2) existing condensing units.  Disconnect power to two (2) existing exhaust fans.
 Provide power to two (2) new heat pump units and two (2) new condensing units.  Reconnect power to two (2) new exhaust fans.

Mae Boyer Park (Nye Library) Electrical Scope of Work – The electrical scope of Work for Nye Library includes replacing the main switchboard, sub-panels, and the associated power supply feeders.

Electrical Infrastructure:
 Disconnect and remove the existing main switchboard.
 Disconnect and remove existing panel boards.
 Remove the existing power supply feeders from the main switchboard to the panel boards.
 Prepare the working areas for install of new equipment.  Provide and install new power supply feeders from main switchboard to panel boards.  Provide and install new switchboard.
 Provide and install new panel boards.
 Connect new power feeders to main switchboard and panel boards.

Clarifications:
 The switchboard will be installed in an alternative location within proximity to the existing switchboard. Exact location to be determined during design phase to provide appropriate clearances.
35 Arbor Yard – The HVAC systems serving three (3) buildings at Arbor Yard will be replaced with new HVAC equipment. The electrical scope of Work includes support to disconnect and reconnect power to the new HVAC equipment.

Arbor Yard (Water Office) Electrical Scope of Work – The scope of Work at the Arbor Yard Water Office includes disconnect and reconnect of electrical to support the new HVAC equipment including (3) new packaged heat pump RTUs and two (2) new exhaust fans.

HVAC Electrical:
 Disconnect power to (3) existing gas fired roof top units.  Disconnect power to two (2) existing exhaust fans.
 Provide and connect power to serve (3) new package roof top heat pump units.  Reconnect power to two (2) new exhaust fans.

Arbor Yard (Print/Meter Shop) Electrical Scope of Work – The scope of Work at the Arbor Print/Meter Shop includes disconnect and reconnect of electrical to support the new HVAC equipment including (3) new packaged heat pump RTUs and one (1) new exhaust fan.

HVAC Electrical:
 Disconnect power to (3) existing package roof top units.  Disconnect power to one (1) existing exhaust fan.
 Provide and connect power to serve (3) new packaged roof top units.  Reconnect power to one (1) new exhaust fan.

Arbor Yard (Plumbing Shop) Electrical Scope of Work – The scope of Work at the Arbor Plumbing Shop includes disconnect and reconnect of electrical to support new HVAC equipment including one (1) new indoor fan coil unit, one (1) new outdoor condenser, two (2) new exhaust fans, and one (1) new supply fan.

HVAC Electrical:
 Disconnect power to one (1) existing indoor heat pump unit and one (1) existing outdoor condensing unit.
 Disconnect power to two (2) existing exhaust fans.
 Reconnect power to one (1) new indoor heat pump unit and one (1) new outdoor condensing unit.
 Reconnect power to two (2) new exhaust fans.
 Provide new power supply/connection to serve one (1) new roof mounted supply fan for ventilation in the office.
36 Biscailuz Park Electrical Scope of Work - The electrical scope of Work for Biscailuz Park includes replacing the main switchboard, sub-panels, and the associated power supply feeders.

Electrical Infrastructure:
 Remove existing old outdoor electric meter panel, concrete pad.  Provide new outdoor electric meter panel and concrete pad near the same location as existing.
 Disconnect and remove existing old panelboards.
 Disconnect and remove existing old power feeders connecting existing main switchboard to existing park building.
 Provide new panelboards to replace existing.
 Provide new power feeders from new main switchboard to new panelboards and park lighting.

Burns Community Center Electrical Scope of Work – The electrical service upgrade scope of Work for Burns Community Center includes replacing the existing main switchboard, subpanels, and feeders to ensure compliance with current electrical codes and improve system reliability and efficiency.

Electrical Infrastructure:
 Disconnect feeders from existing main switchboard.
 Remove existing old outdoor main switchboard.
 Install a new concrete housekeeping pad in the same location as existing switchboard.  Provide and install new main switchboard on the housekeeping pad.  Reconnect existing power feeders to new switchboard.
 Remove and replace two (2) panelboards inside the building and one (1) panelboard outside of the building.
 Provide temporary power to serve a generator to support cooling needs for the Day Care area and maintain the Fire and Alarm system operations, as required for building occupancy.

San Martin Park Electrical Scope of Work - The electrical scope of Work for San Martin Park includes replacing the main switchboard, sub-panels, and feeders, disconnect and reconnect power of one (1) existing HVAC unit and adding circuits to provide power to one (1) new remote condensing unit and one (1) new through wall A/C unit.

Electrical Infrastructure:
 Disconnect and remove existing old main switchboard, transformer, and distribution panels inside building.
 Disconnect existing branch circuits serving park lights and receptacles. 37  Provide and install new housekeeping pad in location of existing switchboard.  Provide and install new main switchboard, transformer, feeders and panelboards.  Reconnect existing receptacle and lighting branch circuits to new panelboards.  Disconnect and remove existing outdoor cabinet housing panels “N” and “P.” Remove both panelboards.
 Provide and install new outdoor cabinet and new panelboards to replace N and P.

Replace existing enclosures with NEMA 4X panelboards/enclosures.

HVAC Electrical:
 Disconnect electrical power supply to one (1) existing furnace.  Reconnect existing electrical power supply to one (1) new indoor heat pump unit.  Provide and install new power supply and disconnect to one (1) new remote condenser.

New condenser to be located in the service yard or similar approved location.  Provide and install new permanent power supply and disconnect to existing window unit location (Office)
Clarifications:
 New panelboards to be relocated outside building and include new fence.  Old panel LDP to be replaced with new panel L1.
38 Attachment B-3 (Lighting Scope of Work)
A summary of the recommended lighting scope for each building is included below. A detailed lighting scope of Work for each building, by space, is provided in:
 Figure B-3a – Lighting Room by Room Descriptions
 Figure B-3b - Lighting Product Cutsheets
Lighting Scope of Work Summary:

City of Lakewood - Summary of Lighting Scope by Building # Building Replace Retrofit Relamp Total Existing LEDs
1 City Hall 69 395 12 476 55
2 The Centre 17 571 18 606 423
3 Bloomfield Park 74 26 0 100 37
4 Monte Verde Lodge 14 81 0 95 0
5 Mae Boyer Park 54 0 0 54 2
6 Nye Library 19 0 0 19 6
7 Arbor Yard 103 120 0 223 28
8 Biscailuz Park 48 14 0 62 8
9 Burns Community
Center 66 12 0 78 9
10 San Martin Park 64 30 0 94 0
*Note - Quantities include both interior and exterior
fixtures. Ballroom, RCS and Council Chambers excluded.

Clarifications and Qualifications:
 Work is based on approved methods of industry standards, applicable codes, and regulations.
 Lighting system replacement shall require shutdown of lighting systems.  Where DDC upgrades are implemented, exterior lights will be integrated into the building automation system (BAS) for enhanced controllability. This includes the parking lot lights at City Hall and the Centre. Where DDC upgrades are not implemented the existing mechanical timeclocks controlling exterior lighting fixtures will be upgraded to new digital time clocks with astronomical functionality.
 Existing wall mounted lighting switches will be upgraded to new multifunction wall switches with wireless ceiling sensors as summarized in Figure B-3a – Lighting Room by Room Descriptions.
 Existing LEDs and their controls will remain the same.  The proposed lighting upgrades meet Title 24 compliance requirements. 39  Integration of the exterior lighting serving Burns Community Center into the BAS is dependent on implementation of the controls scope proposed as part of the overall project.
 Daily working hours will be 5p – 2a, Monday through Friday excluding weekends and holidays. Some work, such as equipment startup, may require alternate hours and days.

Contractor and City will mutually agree on access and security requirements to facilitate the Work.
 The preliminary Schedule of the Work is included in Attachment B. The Customer and Contractor mutually agree to facilitate completion of the Work while minimizing any disruption to building operations.

Exclusions:
 Restoration, rehabilitation, repair, and testing of existing wiring, wiring devices, circuit deficiencies, and/or code violations if unaffected by the scope of this contract.  Restoration, rehabilitation, and repair of existing broken or stained, standard or specialty wrap lenses if unaffected by the scope of this contract.  Replacing infrastructure-related wiring not directly related to fixtures or controls replacements (i.e., general distribution wiring)
Lighting Scope of Work Summary:

1. City Hall – The lighting systems serving Lakewood City Hall are to be upgraded to the latest high efficiency LEDs. The scope an includes upgrade of 476 existing building interior and exterior fixtures to LEDs and a comprehensive upgrade of the lighting controls serving those fixtures. The new fixtures will be integrated into the building automation system for enhanced performance and controllability.
 The acoustic grid ceiling tiles will be replaced in coordination of the LED lighting upgrades.

2. The Centre – The lighting systems serving the Centre building are to be upgraded to the latest high efficiency LEDs. The scope includes an upgrade of 606 existing building interior and exterior lighting fixtures to LEDs and a comprehensive upgrade of the lighting controls serving those fixtures. The new fixtures will be integrated into the building automation system for enhanced performance and controllability.

3. Bloomfield Park - The lighting systems serving Bloomfield Park are to be upgraded to latest high efficiency LEDs. The scope includes an upgrade of 100 existing building interior and exterior lighting fixtures as well as parking lot and court lights to LEDs and a comprehensive upgrade of the lighting controls serving those fixtures. The new fixtures serving the exterior will be integrated into the new building automation system for enhanced performance and controllability.

4. Monte Verde Park Lodge - The lighting systems serving Monte Verde Park Lodge are to be upgraded to latest high efficiency LEDs. The scope includes an upgrade of 95 existing building interior and exterior lighting fixtures to LEDs and a comprehensive upgrade of the lighting controls serving those fixtures. The new fixtures serving the exterior will be 40 integrated into the new building automation system for enhanced performance and controllability.

5. Mae Boyer Park – The exterior lighting systems serving Mae Boyer Park Lodge are to be upgraded to latest high efficiency LEDs. The scope includes an upgrade of 54 existing parking lot and basketball court lighting fixtures to LEDs.

6. Nye Library – The exterior and parking lighting systems serving Nye Library are to be upgraded to latest high efficiency LEDs. The scope includes an upgrade of 19 existing exterior and parking lot lighting fixtures to LEDs and upgrade of the existing mechanical timeclocks serving those fixtures to new astronomical timeclocks.

7. Arbor Yard – The lighting scope of Work at Arbor Yard includes turnkey replacement of all existing non-LED fixtures to new high efficiency LEDs across the entire site. The lighting scope includes an upgrade of 223 existing interior and exterior light fixtures LEDs and a comprehensive upgrade of the lighting controls serving those fixtures. The new fixtures serving the exterior will be integrated into the new building automation system for enhanced performance and controllability.

8. Biscailuz Park - The lighting systems serving Biscailuz Park are to be upgraded to latest high efficiency LEDs. The scope includes an upgrade of 62 existing building interior and exterior lighting fixtures to LEDs and a comprehensive upgrade of the lighting controls serving those fixtures, including basketball court lighting. The new fixtures serving the exterior will be integrated into the new building automation system for enhanced performance and controllability.

9. Burns Community Center – The lighting systems serving Burns Community Center are to be upgraded to latest high efficiency LEDs. The scope includes an upgrade of 78 existing building interior and exterior lighting fixtures to LEDs and a comprehensive upgrade of the lighting controls serving those fixtures. The new fixtures serving the exterior will be integrated into the new building automation system for enhanced performance and controllability.

10. San Martin Park - The lighting systems serving San Martin Park are to be upgraded to latest high efficiency LEDs. The scope includes an upgrade of 94 existing building interior and exterior lighting fixtures as well as parking lot and court lights to LEDs and a comprehensive upgrade of the lighting controls serving those fixtures. The new fixtures serving the exterior will be integrated into the new building automation system for enhanced performance and controllability.
41 Attachment B-4 (Roofing Scope of Work)
A summary of the intended roofing scope in each building is provided below followed by a detailed scope of Work for each building. Refer to Figure B-4 for preliminary drawings supporting the descriptions below. These drawings will be used for permitting as required.

Roofing Scope of Work Summary:

1. City Hall – The roofing scope of Work at City Hall includes a complete tear off of the existing roof and install of a new roofing system.

2. The Centre – The roofing scope of Work a complete tear off of the existing roof and install of a new roofing system.

3. Bloomfield Park – The roofing scope of Work a complete tear off of the existing roof and install of a new roofing system.

4. Arbor Yard (Water Office) – The roofing scope of Work at the Arbor Yard Water Office includes tear off and demo of the existing roof at the mechanical well and install of a new roofing system.

5. Arbor Yard (Print/Meter Shop) - The roofing scope of Work at Arbor Yard Print/Meter Shop includes a complete tear off of the existing roof and install of a new roofing system.

6. Biscailuz Park - The roofing scope of Work at Biscailuz Park includes a complete tear off of the existing roof and install of a new roofing system.

7. San Martin Park - The roofing scope of Work at San Martin Park includes a complete tear off of the existing roof and install of a new roofing system.

General Conditions:
 Material and installation to comply with Sika specifications Figure C-4, Roof Drawings and Specifications.
 New gutters included in scope as described by building below.  Roof drains will be cleared after construction.
 Roof leak test will be completed after construction.
 Replace existing fascia at all location where roof is replaced where facia is not in new condition.
 New boots/gaskets around all roof penetrations
 New roof and flashing of all mechanical curbs
 Trash/recycle removal
 Lifting of materials, etc.
 Insulation and underlayment where applicable
 As-Built drawings
 Masking and protection of all surfaces, such as sidewalks, subject to debris, etc.  Coordination, lifting, and moving of all systems (e.g. electrical) need to complete Work. Systems to be returned to original location in a permanent fashion at completion of Work
 All work is assumed to be on regular time as defined by the local unions.  The preliminary Schedule of the Work is included in Attachment B. The Customer and Contractor mutually agree to facilitate completion of the Work while minimizing any disruption to building operations
42 Clarifications:
 Removal of hazardous materials will be completed as identified in Exhibit 2 – Attachment B-5.

Lakewood City Hall Roofing Scope of Work – The roofing scope of Work at City Hall includes a tear off and reroof of approximately 22,000 square feet (as depicted in the sketch below) of existing built-up roof and full replacement of the associated flashing. Additional scope includes replacement of one (1) existing roof hatch and install of one (1) new transition ladder.

Area of Work:

City Hall roofing scope of Work includes the following:
 Material Removal:
o Carefully remove the existing roofing material and flashing, ensuring that all debris is collected and disposed of properly
o Clean the roof substrate to ensure it is free of dust, moisture, and any contaminants that could affect adhesion.
 Inspection and Assessment:
o Conduct a thorough assessment of the substrate to identify any structural issues or areas requiring special attention
o Make minor repairs as needed
 Provide and install new insulation board
 Provide and install new cover board
 Membrane Installation:
o Provide and install a new membrane roofing system following the manufactures guideline and specifications for the application
43 o Weld all seams to create a watertight bond
o Install flashing around all roof penetrations, edges, and terminations o Install new sheet metal coping and counterflashing at mechanical equipment  Provide and install new coping
 Replace broken drain rings and baskets
 Repair primary/secondary rainwater drain at roof level one column (adjacent Max’s office as noted in Figure B-4 – Roof Drawings.)
 Replace one (1) existing roof hatch with one (1) new roof hatch  Provide one (1) new permanent transition ladder from the roof below 44  The Centre Roofing Scope of Work – The roofing scope of Work at City Hall includes a tear off and reroof of approximately 25,500 square feet (as depicted in the sketch below) of existing built-up roof and full replacement of the associated flashing. Replacement of (4) existing roof hatches and install of two (2) new permanent transition ladders and repair of one (1) existing transition ladder.

Area of Work
Approximate Roof Area by Section:

A – 8,400 SF
B – 1,430 SF
C – 3,050 SF
D – 2,000 SF
E – 2,800 SF
F – 3,715 SF
G – 550 SF
H – 45 SF
Total: 21,990 SF
The Centre roofing scope of Work includes the following:
 Material Removal:
45 o Carefully remove the existing roofing material and flashing, ensuring that all debris is collected and disposed of properly
o Clean the roof substrate to ensure it is free of dust, moisture, and any contaminants that could affect adhesion
 Inspection and Assessment:
o Conduct a thorough inspection of the existing roof to assess its condition to identify any areas requiring repairs or special attention o Make minor repairs as needed
 Surface Preparation:
o Remove any loose mastic, as well as replace any damages to existing roofing membrane
o Implement repairs with like materials
o Use soft bristle brush for any heavy soiled areas
o Power broom and blow off roof
 Provide and install new insulation board
 Provide and install new cover board
 Membrane Installation:
o Provide and install a new membrane roofing system following the manufactures guideline and specifications for the application o Weld all seams to create a watertight bond
o Install flashing around all roof penetrations, edges, and terminations o Install new sheet metal coping and counterflashing at mechanical equipment  Remove and replace four (4) existing roof hatches with new roof hatches  Provide two (2) new permanent transition ladder from C to B and B to A  Repair one (1) existing transition ladder from F to E 46 Bloomfield Park Roofing Scope of Work - The roofing scope of Work a complete tear off of the existing roof and install of a new roofing system.

Area of Work
The Bloomfield Park roofing scope of Work includes the following:
 Demo and disposal of existing roofing built up roof system to expose substrate  Remove existing membranes and flashing
 Provide and install of new built-up roof system and cover board over the existing substrate
 Replace the existing gutter assembly
 Install new sheet metal coping and counterflashing at mechanical equipment  Install new flashings at all pipe penetrations
 Replace fascia board
 Repair existing wooden trellis
47 Arbor Yard (Water Office) Roofing Scope of Work – The roofing scope of Work at the Arbor Yard Water Office (as highlighted in the sketch below) includes a tear off and reroof on the top (flat) elevation and installation of a permanent transition ladder.

Area of Work
The Arbor Yard Water Office roofing scope of Work includes the following:

Built Up Roof System:
o Demo and disposal of the existing built-up roofing system to expose the substrate o Remove all existing membrane and flashing
o Provide and install 1,000 SF of new built-up roof over the existing substrate o Provide and install new sheet metal coping and new flashing at pipe penetrations o Replace the existing gutter assembly
o Provide and install a new permanent transition ladder from the tile roof up to the mechanical roof
Tile Roof:
- Provide maintenance and repair service of existing tile roof. o Pressure wash and treat areas with built up moss, etc. o Remove and replace cracked, broken, and/or slipped roof tiles with new like kind concrete roof tiles
o Service and repair the walking path across the tile roof used to access the mechanical deck
Arbor Yard (Print/Meter Shop) Roofing Scope of Work – The roofings scope of Work at the Arbor Yard Print and Meter Shop (as highlighted in the sketch below) includes a complete tear off of the existing roof and install of a new built-up type roofing system. 48 Area of Work
The Arbor Yard Print/Meter Shop roofing scope of Work includes the following:
o Demo and disposal of existing roofing built up roof system to expose substrate o Remove all existing membranes and flashing
o Provide and install of new built-up roof system and cover board over the existing substrate
o Replace the existing gutter assembly
o Install new sheet metal edge flashing
o Install new sheet metal coping and counterflashing at mechanical equipment o Install new flashings at all pipe penetrations
49 Biscailuz Park Roofing Scope of Work - The roofings scope of Work at Biscailuz Park (as highlighted in the sketch below) includes a complete tear off of the existing roofing system and install of a new built-up type roofing system.

Area of Work
The Biscailuz Park roofing scope of Work includes the following:
o Demo and disposal of existing roofing built up roof system to expose substrate o Remove all existing membranes and flashing
o Provide and install of new built-up roof system and cover board over the existing substrate
o Replace the existing gutter assembly on upper roof.
o Install new sheet metal edge flashing
o Install new sheet metal coping and counterflashing at mechanical equipment o Install new flashings at all pipe penetrations
50 San Martin Park Roofing Scope of Work - The roofings scope of Work at San Martin Park (as highlighted in the sketch below) includes a complete tear off of the existing roofing system and install of a new built-up type roofing system.

Area of Work
The San Martin Park roofing scope of Work includes the following:
o Demo and disposal of the existing built-up roof system and flashing to expose substrate o Provide and install approximately 4,000 SF of new built-up roof system o Provide and install new sheet metal edge flashing and sheet metal coping o Install new sheet metal counterflashing at mechanical equipment o Install new flashing at pipe penetrations
o Replace the existing gutter assembly
o Replace fascia board
51 Attachment B-5 (Abatement Scope of Work)
A summary of the intended abatement scope in each building is provided below. Locations are based on the
Abatement Scope of Work:

1. Arbor Yard (Water Office Roof) – Remove and dispose of 25 square feet of asbestos containing black/gray/silver penetration mastic, at locations 3-1, 3-2, and 3-3 in picture below.

2. San Martin Park Roof – Remove and dispose of 50 square feet of asbestos containing black/gray/silver penetration mastic, at locations 3-1, 3-2, and 3-3 in picture below. 52 ATTACHMENT C

ESTIMATED SCHEDULE OF THE WORK
53 ATTACHMENT C
ESTIMATED SCHEDULE OF THE WORK (CONT’D)
1 ATTACHMENT D

PERFORMANCE ASSURANCE PLAN
ARTICLE 1

1.1. PLAN OVERVIEW The purpose of the Performance Assurance process is to ensure the long-term performance of each installed Energy Conservation Measure (ECM), ensure it meets the design intent, and can deliver the proposed reduction in energy use. The tasks outlined in this plan will be used to verify and document the utility savings for this project. The first-year annual utility savings (Total ECM Savings) for the buildings covered by this project are identified in Article

1.6 below. The goal is to provide assurance that the equipment and strategies are operating as proposed and savings are being realized. To accomplish that, the Performance Assurance Plan will be completed during the commissioning and closeout phase of the project, after all equipment has been installed. This plan includes a Performance Assurance Report that documents the savings associated with the project.

1.2. PLAN SCOPE The work summarized below is being performed under an agreement covering HVAC, controls, interior and exterior lighting upgrades, electrical upgrades, and roof upgrades at the buildings identified. The table below identifies the ECMs implemented at each building/location.

Building/Location HVAC/ Controls Lighting Electrical
Upgrades Roof Upgrades
City Hall ● ● ●
The Centre ● ● ●
Council
Chambers
(Roof incl in
The Centre Roof
Scope)
Bloomfield
Park ● ● ● ●
Monte Verde
Park Lodge ● ●
Arbor Yard ● ● ●
Biscailuz
Park ● ● ● ●
San Martin
Park Building ● ● ● ●
Burns Center ● ● ●
Nye
Library/Mae
Boyer Park
● ●

1.3 PERFORMANCE ASSURANCE OF TOTAL ECM SAVINGS Energy Conservation Measure (ECM) refers to the installation of equipment or systems (including, without limitation, the equipment), or the modification of equipment, systems, monitoring, use, or behavior, as described in Attachment B – Scope of Work, for the purpose of facilitating the reduction or avoidance of utility or non-utility consumption, demand, costs, or expenditures, or otherwise improving the facilities or systems addressed under this Agreement. Contractor will use industry standard protocol to document the savings associated with the ECMs installed. This will include 2 Option A of the International Performance Measurement and Verification Protocol (IPMVP) and Federal Energy Management Program (FEMP) protocol. Once Contractor completes the Performance Assurance Report documenting Total ECM Savings, and City has provided the Final Certificate of Completion, City and Contractor mutually agree that the Total ECM Savings have been achieved.

Total ECM Savings are the amount of annual savings that Contractor deems will be achieved following Final Certificate of Completion, as identified in the Performance Assurance Plan and subject to the limitations set forth in this Agreement.

Performance Assurance Plan is defined as the description and details of how the Total ECM Savings will be verified, reviewed, and agreed-upon by the Parties. The Performance Assurance Plan is set forth in herein and agreed to by City and Contractor upon execution of the Agreement.

Performance Assurance Report means the document prepared by Contractor, and submitted to City, as part of the Performance Assurance Plan, which identifies the Total ECM Savings achieved by the Work.

Savings are defined to include all reduced, eliminated, delayed, avoided, defrayed, or reallocated costs, expenditures, use, or consumption including, without limitation, energy costs, O&M costs, capital expenditures, deferred maintenance, upgrades, replacement, or any combination thereof.

Savings may also be derived, as appropriate, from a changed utility rate classification or from increased or enhanced production or revenue that results from one or more of the ECMs.

ARTICLE 2

2.1. RATES, REBATES, AND INCENTIVES It is understood and agreed that any energy or utility-related rates, grants, rebates, incentives, credits, or refunds are the result of an agreement between City and a third-party. Contractor will use best efforts to secure these funds, but assumes no responsibility for the final values and duration to obtain these funds. Contractor is not responsible for the rules and regulations in connection with, any such grants, rates, rebates, incentives, credits, or refunds, or alternative purchasing arrangements.

2.2. TERMINATION OF SAVINGS PERFORMANCE ASSURANCE Contractor’s obligations under this Agreement, and with respect to the Performance Assurance Plan, are contingent upon City’s performance of its obligations under this Agreement. As a result, City understands and agrees that if it
(i) fails to make any payment to Contractor required under this Agreement, (ii) fails to fulfill any of its responsibilities and obligations necessary to enable Contractor to complete the Work and provide the Performance Assurance Services, or (iii) otherwise cancels, terminates, or materially breaches this Agreement, Contractor’s responsibilities and obligations with respect to the Total ECM Savings shall terminate and Contractor shall have no liability hereunder.

2.3. TOTAL ECM SAVINGS The total savings for each ECM are listed in the table below:
3 ECM
Performance
Assurance
Option
Electric
Savings
(kWh)
Gas
Savings
(therms)
Cost
Savings
($)
HVAC A 200,815 (55) $43,828
Controls A 158,722 3,402 $30,461
Lighting A 334,879 (1,135) $82,854
Total ECM
Savings 694,416 2,212 $157,143
Note: Electrical and Roof Upgrades efficiencies due to better roof insulation and more efficient electrical equipment are included in the efficiency of the HVAC performance and therefore are not individually included in the Performance Assurance Plan.

2.4. PERFORMANCE ASSURANCE PLAN In the sections below a brief description of the methodology will be presented for each ECM or ECM group, along with a list of tasks that will be conducted during the installation period. Installation Period refers to the period of time between the commencement of the Work and the date of Final Completion. The proposed utility savings are dependent on a number of factors and understanding what those factors are for each measure is critical to the success of the project and the realization of the proposed savings. The sections below will discuss the savings parameters for measure and the operating requirements for savings to be achieved:
a. HVAC and Controls: The objective of the Performance Assurance efforts for this measure is to verify the energy usage of the new cooling and heating equipment, and associated controls included in this scope does not exceed the calculated amount, and the new equipment is operating as proposed. An Option A protocol has been selected for this measure. Option A relies on detailed final commissioning and equipment inspections. Once the post-installation energy usage has been verified, the risk is low for a change in energy usage in subsequent years and does not warrant the added costs for a more rigorous Performance Assurance approach. The primary variables in the calculation to determine postinstallation energy usage are the cooling capacity of the new unit, efficiency of the new units, operating schedule, ventilation rate, and space temperature setpoint.

The ventilation rate will be based on design requirements and remain fixed after installation. The operating schedule and space temperature setpoint will be controlled by Customer staff so the values for these variables will be stipulated. b. Lighting: The Performance Assurance methodology for all lighting ECM components is Option A and includes verification of the key variables used to calculate the energy savings. The key variables on lighting measures are the wattage of the existing and retrofit equipment, the operating hours of the equipment, and the fixture quantity. These variables are documented in the Figure B-3a (Lighting room-by-room Descriptions). Fixture operating hours are stipulated as listed in Figure B-3a. Baseline and post-retrofit fixture wattages will be based on manufacturer wattages for each surveyed fixture as presented in Figure B-3a.

Fixture quantities will be verified for both baseline and post-retrofit inventories and reported in the Performance Assurance Report.

2.5. PERFORMANCE ASSURANCE REPORT A Performance Assurance Report will be generated and submitted within 45 days of Equipment Startup. This report will include a status update on the ECMs that were evaluated during installation. Any deviations from the original 4 savings calculations known after installation is complete will be discussed in the report. The Performance Assurance Engineer will perform or coordinate any necessary site visits to evaluate as well as ensure trending and any required equipment is in place and set up properly for future use. Once submitted, and accepted by the Customer, the Performance Assurance Report will complete Contractor’s savings obligations to the Customer.

ARTICLE 3

3.1 MALFUNCTIONS AND EMERGENCIES. City shall use its best efforts to notify Contractor or its designee(s) within 24 hours after City's actual knowledge and occurrence of:
(i) any malfunction in the operation of any equipment or system at the facilities that might materially impact the Total ECM Savings;
(ii) any interruption or alteration to the utility supply to the facilities; or (iii) any alteration or modification of the equipment, the facilities, or their operation or function.

3.2 ACTIONS BY CITY. City shall not move, remove, modify, alter, or change in any way the equipment or any part thereof without the prior written consent of Contractor within the warranty period. In the event of an emergency, City shall take reasonable steps to protect the equipment from damage or injury and shall follow instructions for emergency action provided by Contractor.

City agrees to maintain the equipment and facilities in good repair and to protect and preserve all portions thereof which may in any way affect the Total ECM Savings or the maintenance of the facilities or the equipment.

3.3 ALTERATIONS. Contractor shall have the right, subject to City's prior written approval, which approval shall not be unreasonably withheld, to change the equipment, revise any procedures for the operation or maintenance of the equipment or implement other actions at or related to the facilities designed to achieve savings, provided that:
(i) such modifications or additions to, or replacement of the equipment, and any operational changes, or new procedures are necessary to enable City to achieve (or increase the likelihood of achieving) the savings at the facilities and; (ii) any cost incurred relative to such modifications, additions or replacement of the equipment, or operational changes or new procedures shall be the responsibility of Contractor.

Contractor shall provide advance notice to City of any need to upgrade or alter the equipment. All modifications, additions or replacements of the equipment or revisions to operating said equipment, or other procedures shall be described in a supplemental schedule(s) to be provided to City for approval. Any replacement of the equipment shall have equal or better potential to reduce energy costs or operating and maintenance costs, or achieve savings at the facilities compared to the equipment being replaced or modified.
5 ATTACHMENT E

SERVICES AGREEMENT
SERVICES SCOPE: City has an existing separate agreement with Contractor for maintenance services of HVAC equipment. No additional services are included as part of this Agreement. 6 ATTACHMENT F
CITY’S MAINTENANCE RESPONSIBILITIES
City and Contractor shall be responsible for maintenance, repair, and replacement of newly installed equipment as summarized below:

ECM Prior to Final Completion After Final Completion
HVAC Contractor
City
(currently through separate agreement with
Southland)
Controls Contractor City
Lighting Contractor City
Electrical Contractor City
Roof Contractor City
Contractor is responsible for providing a suggested maintenance schedule at each Facility Certificate of Completion. The maintenance schedule shall include suggested requirements for service recommended by Contractor to operate the equipment such that it meets the ECM requirements. City shall retain the right to maintain such equipment in any manner it sees fit in accordance with the ECM recommendations, provided the equipment meets the manufacturer’s minimum recommendations.
7 ATTACHMENT G

WARRANTY
SUMMARY: Contractor will be responsible for managing warranty activity for a period of 2 years after Facility Notice of Completion as outlined in the Agreement, or as modified herein. Contractor will deliver to City, in PDF format, the manufacturer’s warranties for all equipment and components installed. In some instances, warranty periods on equipment may extend beyond the two-year period as outlined in the table below. An initial ECM warranty summary is provided below, and will be finalized based on equipment approved by City, provided in no case will the warranty duration be less than that identified below:

Equipment Warranty Period Expected
Service Life
Reference for
Expected Life
Air Cooled Chiller

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Three (3) year coil parts only
Five (5) year compressor only
20 years

ASHRAE HVAC
Applications
Handbook
Packaged Rooftop AC
Unit

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Five (5) year compressor only
15 years

ASHRAE HVAC
Applications
Handbook
Split System

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Five (5) year compressor only
15 years

ASHRAE HVAC
Applications
Handbook
Heat Pump

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Five (5) year compressor only
15 years

ASHRAE HVAC
Applications
Handbook
Furnace

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Five (5) year burner only
18 years

ASHRAE HVAC
Applications
Handbook
Building Controls

CONTRACTOR
Two (2) year parts and site labor 15 years

ASHRAE HVAC
Applications
Handbook
8 Equipment Warranty Period Expected
Service Life
Reference for
Expected Life
Transformers,
Panelboards, Circuit
Breakers

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Ten+ (10) years
15 years

ASHRAE HVAC
Applications
Handbook
LED T8 Lamps,
Luminaires and Retrofit
Kits

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Five (5) year material only
50,000-
100,000 hours
Manufacturer’s
Specification
Sheets
Lighting Controls –
Lithonia

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Five (5) year material only
15 years

ASHRAE HVAC
Applications
Handbook
Roofing

CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Twenty (20) year materials and
labor
20 years Manufacturer/
Installer
9 FIGURES
SUMMARY: Some Figures are non-printable file types and/or are too large/complex to incorporate into the main document. The following files have been submitted separately in electronic format and are organized as follows:

Figure B-1a HVAC Drawings (City Hall and Centre)
Figure B-1b HVAC Drawings (Other Buildings)
Figure B-2 Electrical Drawings
Figure B-3a Lighting Room-by-Room Descriptions
Figure B-3b Lighting Product Cutsheets
Figure B-3c City Hall Reflected Ceiling Plan
Figure B-4 Roof Drawings
1 EXHIBIT 3

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12

IRAN CONTRACTING ACT CERTIFICATION
2 EXHIBIT 3

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12

IRAN CONTRACTING ACT CERTIFICATION
Pursuant to Public Contract Code (PCC) section 2204, an Iran Contracting Act certification is required for solicitations of goods or services of $1,000,000 or more.

To submit a bid or proposal to the Court, you must complete ONLY ONE of the following two paragraphs. To complete paragraph 1, check the corresponding box and complete the certification for paragraph 1. To complete paragraph 2, simply check the corresponding box.  1. We are not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to PCC 2203(b), and we are not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

OR
 2. We have received written permission from the Court to submit a bid or proposal pursuant to 2203(c) or (d). A copy of the written permission from the Court is included with our bid or proposal.

CERTIFICATION FOR PARAGRAPH 1:

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the proposer/bidder to the clause in paragraph 1. This certification is made under the laws of the State of California.

Company Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of _________ in the State of ____________
1 EXHIBIT 4

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
EXECUTIVE ORDER N-6-22 (EO) CERTIFICATION
2 EXHIBIT 4

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
EXECUTIVE ORDER N-6-22 (EO) CERTIFICATION
Pursuant to Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine, Contractor acknowledges the following:

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf.

To the fullest extent under the law, City of Lakewood will engage all measures to comply with the sanctions and the EO, including:
 Refraining from entering into new contracts with prohibited individuals or entities while the sanctions are in effect;
 Desisting from making new investments in, or engaging in financial transactions with, Russian entities, and from transferring technology to Russia or Russian entities; and
 Endeavoring to support the government, people, and businesses of Ukraine where possible.

As a City contractor, supplier, or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S.

Department of the Treasury website (https://home.treasury.gov/policy-issues/financialsanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions).

Failure to comply may result in the termination of the subject contract or grant, as applicable.

CERTIFICATION FOR PARAGRAPH 1:

I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the proposer/bidder to the above language and agree this certification is made under the laws of the State of California.

Company Name (Printed) Federal ID Number
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of _________ in the State of ____________
3 EXHIBIT 5

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12

NON-COLLUSION DECLARATION FORM
Public Contract Code Section 7106
4 EXHIBIT 5

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12

NON-COLLUSION DECLARATION FORM
Public Contract Code Section 7106
The undersigned declares:

I am the _______________________________________________ (Title) of ___________________________________________________________(Company Name), the party making the foregoing Bid.

The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.

The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.

Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________________ (date), at _________________________________________ (city), ______________________ (state).

Bidder
Signature: Date
Title:

Signature: Date
Title:
**This form must be notarized**
5 EXHIBIT 6

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12

LIST OF SUBCONTRACTORS
6 EXHIBIT 6

CITY OF LAKEWOOD
CITYWIDE INFRASTRUCTURE IMPROVEMENTS, PW 2024-12
CONTRACTOR’S NAME: Southland Industries
LIST OF SUBCONTRACTORS (4100 PUBLIC CONTRACT CODE)
CONTRACTOR proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors in excess of ½ of 1% of the total bid amount or ten thousand dollars ($10,000), whichever is greater as follows (add additional pages as necessary) (Contractor must include all requested information):

Subcontractor Name: CSI Electrical Contractors, Inc.

Address: 10623 Fulton Wells Ave, Santa Fe Springs, CA 90670 License No. and Class: CA License No. 1055811 Classes A General Engineering, C10 Electrical, C7 Low Voltage Systems
DIR Registration No. 1000002264
Phone No.: 562-946-0700, Email: [email protected] Percent of Total Contract: 12%
Specific Scope of Work: Electrical upgrades at all sites Subcontractor Name: LTS Property Services
Address: 2801 Catherine Way, Santa Ana, CA 92705
License No. and Class: CA License No. 675901 Classes B General Building, C10 Electrical, C61/D31 Pole Installation and Maintenance
DIR Registration No. 1000007055
Phone No.: 949-428-5040, Email: [email protected]
Percent of Total Contract: 10%
Specific Scope of Work: Lighting upgrades at all sites
Subcontractor Name: Preferred Ceilings Inc.

Address: 475 Capricorn St. Brea, CA 92821
License No. and Class: CA License No. 705630 Classes A General Engineering, B General Building, C-2 Insulation and Acoustical, C10 Electrical, C-61/D50 Suspended Ceilings DIR Registration No. 1000001964
Phone No.: 714-255-9336 Email: [email protected] Percent of Total Contract: 1%
Specific Scope of Work: Ceiling tile upgrades at select sites Subcontractor Name: Danny Letner Inc. DBA Letner Roofing Co.

Address: 1490 N. Glassell St. Orange, CA 92867
License No. and Class: CA License No. 689961 Classes B General Building, C43 Sheet Metal, C39 Roofing
DIR Registration No. 1000001006
Phone No.: 714-633-0030, Email: [email protected]
Percent of Total Contract: 15%
Specific Scope of Work: Roofing upgrades at select sites 1 AGREEMENT
FOR

ENGINEERING SERVICES
THIS AGREEMENT, made and entered into on December 10th, 2024, by and between the CITY OF LAKEWOOD, a municipal corporation, sometimes hereinafter referred to as "City," and PBK Architects, DBA LEAF Engineers, sometimes hereinafter referred to as “PROVIDER”.

W I T N E S S E T H:

WHEREAS, the City desires to retain the PROVIDER for MEP (Mechanical, Electrical, Plumbing) Engineering and Technical Consultation support services in connection with the work hereafter described; and
WHEREAS, the PROVIDER has the necessary skills and qualifications and licenses required by law to perform the services required under this Agreement in connection with said project; and
WHEREAS, the City Council at a regular meeting held on December 10th, 2024, authorized the Mayor and the City Clerk to enter into this Agreement; and NOW, THEREFORE, it is hereby agreed by and between the parties that:

1. DEFINITIONS. As used in this Agreement, the following definitions shall be applicable:

A. PROVIDER. Provider shall mean:

PBK Architects, DBA LEAF Engineers
8163 Rochester Ave.

Rancho Cucamonga, CA 91730
Phone: (909) 987-0909
E-Mail: [email protected]
B. City. City shall mean the City of Lakewood, a municipal corporation, 5050 Clark Avenue, Lakewood, California, 90712.

C. City Council. City Council shall mean the City Council of the City of Lakewood.

D. Contractor. Contractor shall mean that person or persons awarded any contract by the City to perform the work designed by the PROVIDER. 2 E. Services. Services shall mean the MEP (Mechanical, Electrical, Plumbing) Engineering and Technical Consultation support services to be performed by the PROVIDER pursuant to this Agreement.

F. Work. Work shall mean the installation, construction and development of projects as assigned under “On-Call MEP (Mechanical, Electrical, and Plumbing) Engineering and Technical Consultation Support Services” for which the MEP Engineering and Technical Consultation Support services are hereby authorized.

2. SCOPE OF SERVICES. PROVIDER agrees to prepare and furnish the City, following written authorization from the City to proceed, those services as set forth in PROVIDER's written proposal for specific projects as requested by the City.

Upon specific and separate authorization by the City, the PROVIDER agrees to prepare plans and specifications and/or provide technical construction support services for City projects, with scope of work and fee based on project-specific written proposals. Budgeted projects where the fee is less than $50,000 may be authorized by the City Manager. Budgeted projects where the fee exceeds $50,000 will require written approval by the City Council.

As applicable to the project-specific written proposal, PROVIDER agrees to consult with the Director of Public Works at such reasonable times and places as may be necessary to accomplish the foregoing. In performing said services the PROVIDER shall use, whenever possible, the standard specifications and forms, prepared and approved by the City for public works contracts. All drawings and specifications shall be adequate and sufficient for the City to solicit bids for the award of the contract for said work.

As applicable to the project-specific written proposal, upon approval of said drawings and specifications by the Director of Public Works, the PROVIDER shall furnish suitable reproducible plans, details, and special and technical specifications for the City to incorporate with its bid and contract documents for the purpose of advertising for bids to construct the work.

The PROVIDER shall subsequently make any necessary corrections to each set of drawings and specifications as required by any addenda, and incorporate any changes which may be authorized during construction to develop the "as-built" drawings. The PROVIDER shall also prepare a list of qualified bidders and assist the City in the evaluation of the bids and the qualifications of the contractors being considered for award of contract.

As applicable to the project-specific written proposal, during the course of construction by the Contractor, the PROVIDER shall provide consultation and interpretation of the plans and specifications, and shall review and approve any use of alternate equipment or materials, subject to approval by the Director of Public Works. The PROVIDER shall review and approve detailed shop drawings accordingly.
3 As applicable to the project-specific written proposal, during the progress of the work, the PROVIDER shall make monthly estimates of the completed work and shall have the responsibility of certifying to progress payments on the construction contract. The PROVIDER agrees to use reasonable diligence to protect the City against any defects and deficiency in the work of the Contractor, but it is expressly understood the PROVIDER does not guarantee the performance of any contract by any contractor.]

3. EXCLUSION FROM SCOPE OF SERVICES. It is agreed by and between the parties hereto that the services to be provided by the PROVIDER under this agreement do not include:
any exclusions not listed in the project-specific proposal.

4. PAYMENT. For and in consideration of the MEP (Mechanical, Electrical, Plumbing) Engineering and Technical Consultation support services performed by the PROVIDER and when approved by the City, the City agrees to pay to the PROVIDER on a time and material basis, at a rate determined by the Schedule attached, for services actually rendered. The rates and fees set forth in this Agreement shall remain fixed during the fiscal year, which runs from July 1st through June 30th. At the beginning of each fiscal year, the rates may be adjusted based on the percentage change in the Consumer Price Index (CPI). The rate adjustments, if any, shall take effect on July 1st of each fiscal year, based on the most recent CPI data for the 12-month period prior to the date requested. The PROVIDER shall request to the City in writing an adjustment of rates no later than 30 days before the new fiscal year begins to request such adjustment. If the PROVIDER does not request an adjustment as specified, rates will remain in effect.

The aforementioned consideration shall be paid to the PROVIDER upon completion of each phase and submission of the PROVIDER's statement of time expended and the applicable rate to be charged to the Director of Public Works. No payment shall be made until the aforementioned work has been certified by the Director of Public Works as having been completed in accordance with the applicable rate.

5. TIME FOR PERFORMANCE. It is understood and agreed by and between the parties hereto that time is of the essence. The PROVIDER agrees that he will diligently and reasonably pursue the performance of the services required by him by this agreement.

6. TERMINATION. The City may terminate this Agreement at any time by giving the PROVIDER at least fifteen days prior written notice. In the event of termination, the City shall pay the PROVIDER the total value of the services of the PROVIDER to the final date of termination, computed in accordance with the terms and provisions of this Agreement, provided, however, that the same does not in any case exceed the maximum amount hereinbefore set forth for payment of consideration. Except as herein provided, this Agreement shall continue until the successful completion of the work and the acceptance of said work by the City. 4 7. ASSIGNMENT AND SUBCONTRACTING. Notwithstanding any provision of this Agreement to the contrary, PROVIDER shall not assign, subcontract or transfer any part or portion of this Agreement, or any responsibility hereunder, without the prior written consent of the City.

8. OWNERSHIP OF DOCUMENTS. It is further agreed by and between the parties hereto that the City shall have full, complete and absolute title to all preliminary plans, drawings, reports, cost estimates, schematic drawings, and other drawings and specifications prepared by the PROVIDER pursuant to this Agreement, regardless of the state of completion thereof. It is further agreed by and between the parties that the City may make full and complete use of said materials so prepared for the City as it desires, and within its own discretion without any liability of any kind whatsoever to the PROVIDER other than payment of compensation as provided in this Agreement.

Originals of drawings, specifications, estimates, field notes and calculations prepared by the PROVIDER shall be and remain the property of the PROVIDER with the exception, however, that an electronic CAD file, an electronic PDF copy, and mylar base copy of specifications and drawings shall be provided the City, in which the City shall have full, complete and absolute title. The use by the City of the aforementioned documents, title to which is vested in the City pursuant to this paragraph, in any subsequent project in which the PROVIDER has not been retained, shall be at the sole risk and responsibility of the City, and the PROVIDER shall not be responsible to the City for any errors or omissions in respect to said materials.

9. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that PROVIDER has been retained as an independent contractor as distinguished from an employee or agent of the City to perform the aforementioned services. PROVIDER acknowledges the independent contractual relationship and releases the City from any liability or obligation to make deductions or withhold for the compensation of any officer, agent or employee thereof, in respect to unemployment, income tax, disability, social security, health, pension or retirement benefits. It is expressly understood that no officer, agent or employee of PROVIDER shall have any City status or benefit, including health, retirement and workers' compensation benefits.

PROVIDER shall cover all its officers and employees where required by law with workers' compensation insurance or benefits. PROVIDER does hereby assume all risk to himself, his personnel, subcontractors and agents and employees thereof for personal injury or death, and all risk of property damage or loss to any property, wares, vehicles and materials from whatever sources and further releases the City, its officers and employees from any liability therefor.

PROVIDER certifies that he is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers 5 compensation or to undertake self-insurance in accordance with the provisions of that code, and he certified that he will comply with such provisions before commending the performance of the work of this Agreement.

In the performance of this agreement, PROVIDER shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive.

10. LIABILITY AND INDEMNIFICATION. PROVIDER shall indemnify the City, its officers, employees and consultants, from any claims, losses, damages, costs or expenses to the extent that such claims, losses, damages, costs or expenses arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the PROVIDER, its employees, consultants, or agents.

The PROVIDER at all times during the term of this Agreement, shall maintain and keep in full force and effect, and deposit with the City, insurance or a Certificate of Insurance which shall evidence the fact that the PROVIDER has in full force and effect a comprehensive personal injury and property damage policy protecting the PROVIDER and the City from liability in the following policies of insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-: VI:
 Commercial general liability at least as broad as ISO CG 0001 (per occurrence) $1,000,000; (general aggregate) $2,000,000
 Commercial auto liability at least as broad as ISO CA 0001 (per accident) $1,000,000.

Said policy shall contain a provision that the same cannot be canceled without at least thirty (30) days notice to the City thereof, unless canceled for non-payment, then ten (10) days notice shall be given and shall name the City as an additional insured.  Worker’s compensation- Statutory
Said policy shall contain a provision that the same cannot be canceled without at least thirty (30) days notice to the City thereof and shall name the City as an additional insured.

11. RESERVATION OF RIGHTS. Nothing in this Agreement shall be deemed to bind the City to any course of conduct other than its obligation hereunder to pay the PROVIDER for said services as rendered. It is understood that the City reserves the complete right within its discretion to reject all or any part of any design, plan, specification or recommendation made to it or submitted by said PROVIDER, and in that regard the only responsibility of the City shall be to pay said PROVIDER for services as rendered. It is further understood that acceptance herein by the City of any design, plan or specification of the PROVIDER shall be for the purpose of compensating the PROVIDER only, and shall not be binding on the City as to any further course of action. The City reserves the complete right to authorize the completion and construction of 6 any phase of the work, or to deviate from said construction plan in any degree, or to discharge the PROVIDER in accordance with the terms and provisions of this Agreement.

12. NOTICE. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail in an envelope bearing the proper amount of postage thereon, and addressed as follows:

TO CITY:

City of Lakewood
5050 Clark Avenue
P.O. Box 158
Lakewood, California 90712
TO PROVIDER:

PBK Architects DBA LEAF
Engineers
8163 Rochester Ave.

Rancho Cucamonga, CA 91730
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

SERVICE PROVIDER
__________________________________

SERVICE PROVIDER

CITY OF LAKEWOOD
_______________________________
MAYOR
APPROVED AS TO FORM:
__________________________________

CITY ATTORNEY
ATTEST:
_______________________________

CITY CLERK

1 AGREEMENT
FOR

ENGINEERING SERVICES
THIS AGREEMENT, made and entered into on December 10th, 2024, by and between the CITY OF LAKEWOOD, a municipal corporation, sometimes hereinafter referred to as "City," and IDS Group, Inc., sometimes hereinafter referred to as “PROVIDER”.

W I T N E S S E T H:

WHEREAS, the City desires to retain the PROVIDER for MEP (Mechanical, Electrical, Plumbing) Engineering and Technical Consultation support services in connection with the work hereafter described; and
WHEREAS, the PROVIDER has the necessary skills and qualifications and licenses required by law to perform the services required under this Agreement in connection with said project; and
WHEREAS, the City Council at a regular meeting held on December 10th, 2024, authorized the Mayor and the City Clerk to enter into this Agreement; and NOW, THEREFORE, it is hereby agreed by and between the parties that:

1. DEFINITIONS. As used in this Agreement, the following definitions shall be applicable:

A. PROVIDER. Provider shall mean:

IDS Group, Inc.
1 Peters Canyon Rd. Suite 130
Irvine, CA 92606
Phone: (949) 387-8500
E-Mail: [email protected]
B. City. City shall mean the City of Lakewood, a municipal corporation, 5050 Clark Avenue, Lakewood, California, 90712.

C. City Council. City Council shall mean the City Council of the City of Lakewood.

D. Contractor. Contractor shall mean that person or persons awarded any contract by the City to perform the work designed by the PROVIDER.

E. Services. Services shall mean the MEP (Mechanical, Electrical, Plumbing) Engineering and Technical Consultation support services to be performed by the PROVIDER pursuant to this Agreement.
2 F. Work. Work shall mean the installation, construction and development of projects as assigned under “On-Call MEP (Mechanical, Electrical, and Plumbing) Engineering and Technical Consultation Support Services” for which the MEP Engineering and Technical Consultation Support services are hereby authorized.

2. SCOPE OF SERVICES. PROVIDER agrees to prepare and furnish the City, following written authorization from the City to proceed, those services as set forth in PROVIDER's written proposal for specific projects as requested by the City.

Upon specific and separate authorization by the City, the PROVIDER agrees to prepare plans and specifications and/or provide technical construction support services for City projects, with scope of work and fee based on project-specific written proposals. Budgeted projects where the fee is less than $50,000 may be authorized by the City Manager. Budgeted projects where the fee exceeds $50,000 will require written approval by the City Council.

As applicable to the project-specific written proposal, PROVIDER agrees to consult with the Director of Public Works at such reasonable times and places as may be necessary to accomplish the foregoing. In performing said services the PROVIDER shall use, whenever possible, the standard specifications and forms, prepared and approved by the City for public works contracts. All drawings and specifications shall be adequate and sufficient for the City to solicit bids for the award of the contract for said work.

As applicable to the project-specific written proposal, upon approval of said drawings and specifications by the Director of Public Works, the PROVIDER shall furnish suitable reproducible plans, details, and special and technical specifications for the City to incorporate with its bid and contract documents for the purpose of advertising for bids to construct the work.

The PROVIDER shall subsequently make any necessary corrections to each set of drawings and specifications as required by any addenda, and incorporate any changes which may be authorized during construction to develop the "as-built" drawings. The PROVIDER shall also prepare a list of qualified bidders and assist the City in the evaluation of the bids and the qualifications of the contractors being considered for award of contract.

As applicable to the project-specific written proposal, during the course of construction by the Contractor, the PROVIDER shall provide consultation and interpretation of the plans and specifications, and shall review and approve any use of alternate equipment or materials, subject to approval by the Director of Public Works. The PROVIDER shall review and approve detailed shop drawings accordingly.

As applicable to the project-specific written proposal, during the progress of the work, the PROVIDER shall make monthly estimates of the completed work and shall have the responsibility of certifying to progress payments on the construction contract. The PROVIDER agrees to use reasonable diligence to protect the City against any defects and deficiency in the work of the Contractor, but it is expressly understood the PROVIDER does not guarantee the performance of any contract by any contractor.]
3 3. EXCLUSION FROM SCOPE OF SERVICES. It is agreed by and between the parties hereto that the services to be provided by the PROVIDER under this agreement do not include:
any exclusions not listed in the project-specific proposal.

4. PAYMENT. For and in consideration of the MEP (Mechanical, Electrical, Plumbing) Engineering and Technical Consultation support services performed by the PROVIDER and when approved by the City, the City agrees to pay to the PROVIDER on a time and material basis, at a rate determined by the Schedule attached, for services actually rendered. The rates and fees set forth in this Agreement shall remain fixed during the fiscal year, which runs from July 1st through June 30th. At the beginning of each fiscal year, the rates may be adjusted based on the percentage change in the Consumer Price Index (CPI). The rate adjustments, if any, shall take effect on July 1st of each fiscal year, based on the most recent CPI data for the 12-month period prior to the date requested. The PROVIDER shall request to the City in writing an adjustment of rates no later than 30 days before the new fiscal year begins to request such adjustment. If the PROVIDER does not request an adjustment as specified, rates will remain in effect.

The aforementioned consideration shall be paid to the PROVIDER upon completion of each phase and submission of the PROVIDER's statement of time expended and the applicable rate to be charged to the Director of Public Works. No payment shall be made until the aforementioned work has been certified by the Director of Public Works as having been completed in accordance with the applicable rate.

5. TIME FOR PERFORMANCE. It is understood and agreed by and between the parties hereto that time is of the essence. The PROVIDER agrees that he will diligently and reasonably pursue the performance of the services required by him by this agreement.

6. TERMINATION. The City may terminate this Agreement at any time by giving the PROVIDER at least fifteen days prior written notice. In the event of termination, the City shall pay the PROVIDER the total value of the services of the PROVIDER to the final date of termination, computed in accordance with the terms and provisions of this Agreement, provided, however, that the same does not in any case exceed the maximum amount hereinbefore set forth for payment of consideration. Except as herein provided, this Agreement shall continue until the successful completion of the work and the acceptance of said work by the City.

7. ASSIGNMENT AND SUBCONTRACTING. Notwithstanding any provision of this Agreement to the contrary, PROVIDER shall not assign, subcontract or transfer any part or portion of this Agreement, or any responsibility hereunder, without the prior written consent of the City.

8. OWNERSHIP OF DOCUMENTS. It is further agreed by and between the parties hereto that the City shall have full, complete and absolute title to all preliminary plans, drawings, reports, cost estimates, schematic drawings, and other drawings and specifications prepared by the PROVIDER pursuant to this Agreement, regardless of the state of completion thereof. It is further agreed by and between the parties that the City may make full and complete use of said materials so prepared for the City as it desires, and within its own discretion without any liability 4 of any kind whatsoever to the PROVIDER other than payment of compensation as provided in this Agreement.

Originals of drawings, specifications, estimates, field notes and calculations prepared by the PROVIDER shall be and remain the property of the PROVIDER with the exception, however, that an electronic CAD file, an electronic PDF copy, and mylar base copy of specifications and drawings shall be provided the City, in which the City shall have full, complete and absolute title. The use by the City of the aforementioned documents, title to which is vested in the City pursuant to this paragraph, in any subsequent project in which the PROVIDER has not been retained, shall be at the sole risk and responsibility of the City, and the PROVIDER shall not be responsible to the City for any errors or omissions in respect to said materials.

9. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that PROVIDER has been retained as an independent contractor as distinguished from an employee or agent of the City to perform the aforementioned services. PROVIDER acknowledges the independent contractual relationship and releases the City from any liability or obligation to make deductions or withhold for the compensation of any officer, agent or employee thereof, in respect to unemployment, income tax, disability, social security, health, pension or retirement benefits. It is expressly understood that no officer, agent or employee of PROVIDER shall have any City status or benefit, including health, retirement and workers' compensation benefits.

PROVIDER shall cover all its officers and employees where required by law with workers' compensation insurance or benefits. PROVIDER does hereby assume all risk to himself, his personnel, subcontractors and agents and employees thereof for personal injury or death, and all risk of property damage or loss to any property, wares, vehicles and materials from whatever sources and further releases the City, its officers and employees from any liability therefor.

PROVIDER certifies that he is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and he certified that he will comply with such provisions before commending the performance of the work of this Agreement.

In the performance of this agreement, PROVIDER shall comply with all applicable provisions of the California Fair Employment Practices Act (California Labor Code Sections (410 et seq.) and the applicable equal employment provisions of the Civil Rights Act of 1964 (42 U.S.C. 200e 217), whichever is more restrictive.

10. LIABILITY AND INDEMNIFICATION. PROVIDER shall indemnify the City, its officers, employees and consultants, from any claims, losses, damages, costs or expenses to the extent that such claims, losses, damages, costs or expenses arise out of, pertain to or relate to the negligence, recklessness or willful misconduct of the PROVIDER, its employees, consultants, or agents.
5 The PROVIDER at all times during the term of this Agreement, shall maintain and keep in full force and effect, and deposit with the City, insurance or a Certificate of Insurance which shall evidence the fact that the PROVIDER has in full force and effect a comprehensive personal injury and property damage policy protecting the PROVIDER and the City from liability in the following policies of insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-: VI:
 Commercial general liability at least as broad as ISO CG 0001 (per occurrence) $1,000,000; (general aggregate) $2,000,000
 Commercial auto liability at least as broad as ISO CA 0001 (per accident) $1,000,000.

Said policy shall contain a provision that the same cannot be canceled without at least thirty (30) days notice to the City thereof, unless canceled for non-payment, then ten (10) days notice shall be given and shall name the City as an additional insured.  Worker’s compensation- Statutory
Said policy shall contain a provision that the same cannot be canceled without at least thirty (30) days notice to the City thereof and shall name the City as an additional insured.

11. RESERVATION OF RIGHTS. Nothing in this Agreement shall be deemed to bind the City to any course of conduct other than its obligation hereunder to pay the PROVIDER for said services as rendered. It is understood that the City reserves the complete right within its discretion to reject all or any part of any design, plan, specification or recommendation made to it or submitted by said PROVIDER, and in that regard the only responsibility of the City shall be to pay said PROVIDER for services as rendered. It is further understood that acceptance herein by the City of any design, plan or specification of the PROVIDER shall be for the purpose of compensating the PROVIDER only, and shall not be binding on the City as to any further course of action. The City reserves the complete right to authorize the completion and construction of any phase of the work, or to deviate from said construction plan in any degree, or to discharge the PROVIDER in accordance with the terms and provisions of this Agreement. 6 12. NOTICE. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail in an envelope bearing the proper amount of postage thereon, and addressed as follows:

TO CITY:

City of Lakewood
5050 Clark Avenue
P.O. Box 158
Lakewood, California 90712
TO PROVIDER:

IDS Group, Inc.
1 Peters Canyon Road, Suite 130
Irvine, CA 92606
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.

SERVICE PROVIDER
__________________________________

SERVICE PROVIDER

CITY OF LAKEWOOD
_______________________________
MAYOR
APPROVED AS TO FORM:
__________________________________

CITY ATTORNEY
ATTEST:
_______________________________

CITY CLERK