Agenda packet — Santa Monica City Council, October 27, 2026 (part 1 of 6)

City of Santa Monica
City Council Meeting
AGENDA

CAROLINE TOROSIS
MAYOR

ELLIS RASKIN JESSE ZWICK

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

LANA NEGRETE NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER
OLIVER C. CHI

CITY MANAGER

HEIDI VON TONGELN

CITY ATTORNEY

WALFRED SOLORZANO

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 10/23/2026 7:12 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11663(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item if speaking on multiple items. A member of the public may allocate time between items in one-minute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Except for noticed public hearings or quasi-judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced to 1 minute per speaker during that section.

Except for the author of the request, public comment on 15-items are limited to 1 minute.

Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(Members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City and on Special
Agenda Items.)

2. Special Agenda Items (Commendations and
Proclamations presented).

3. Public Comment for Consent Calendar and Closed
Sessions Only.

4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)

5. Closed Sessions.

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading (No public comment is
permitted on second readings.)

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (Other than
Reports of Commission and Officers.)

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 10/23/2026 7:12 PM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING
CITY HALL COUNCIL CHAMBERS.
1685 MAIN STREET, ROOM 250, SANTA
MONICA, CA 90401, AND 998 W. MISSION BAY
DRIVE, SAN DIEGO, CA 92109
TUESDAY, OCTOBER 27, 2026
MEETING BEGINS AT 5:30 PM
The Santa Monica City Council Meeting will be held on Tuesday, October 27, 2026, at 5:30 P.M. (PDT) in the City Council Chambers, 1685 Main Street, Santa Monica, California 90401, and at a teleconference site located at Bahia Resort Hotel, 998 W. Mission Bay Drive San Diego, CA 92109, where a Councilmember will be present and participating via teleconference.

HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Participants may join a meeting by phone via Zoom. Dial, the phone number to access Zoom’s audio system, and enter the Zoom Meeting ID to join the meeting.

Zoom Dial-In Information: Phone Number (669) 900-6833 (US), Meeting ID:978 8290 3006# Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the business day before a meeting. Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

CALL TO ORDER

PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT

ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.

City of Santa Monica Generated: 10/23/2026 7:12 PM Page 4 We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.

The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS

1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)

2. SPECIAL AGENDA ITEMS

2.A. Mayor's Highlight DOT- MCO: Antonise Walton

3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND CLOSED SESSION ONLY)

4. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)

4.A. Award Bid #4515 to and Authorize the City Manager to Execute an Agreement With Clean Harbors Environmental Services, Inc., for Contractual Services Related to Household Hazardous Waste Collection and Disposal Services for the Resource Recovery and Recycling Division
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Sections 15301 (Existing Facilities) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award Bid #4515 to Clean Harbors Environmental Services, Inc. for household hazardous waste collection and disposal services for the Public Works Department; and

3. Authorize the City Manager to execute an agreement with Clean Harbors Environmental Services, Inc., in an amount not to exceed $4,403,865 (including a $1,141,743 contingency) over a five-year period, with future year funding contingent on Council budget approval.

City of Santa Monica Generated: 10/23/2026 7:12 PM Page 5

4.B. Approval of Fourth Modification to Agreement No. 11449 with Olympos Construction, Inc. for Construction Services for the 2800 Airport Avenue Renovation Project
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a fourth modification to Agreement #11449 (CCS) in the amount of $2,100,000 with Olympos Construction, Inc. for additional construction services associated with the 2800 Airport Avenue Renovation Project for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $10,158,350, with future year funding contingent on Council budget approval.

4.C. Approval of Agreement with Centricity GIS, Inc. for Implementation of the Trimble Unity Maintain Elite System, a Computerized Maintenance Management System, for the Information Services Department Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute an agreement with Centricity GIS, Inc. (Centricity) for the full platform implementation of the Trimble Unity Maintain Elite system for the Information Services Department (ISD). This recommended award is made as an exception to the competitive bidding process pursuant to the City’s Procurement Policy and is for a total amount not to exceed $407,629 with future year funding contingent on Council budget approval.

4.D. Introduction and First Reading of Ordinance Adding Santa Monica Municipal Code Section 7.16.025 to Prohibit Potable Water Use for Nonfunctional Turf Irrigation in Compliance with AB 1572
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Minor Alteration or Operational Change to Landscaping), Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) and a finding of no possibility of significant impact pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Introduce for first reading the attached ordinance creating Santa Monica Municipal Code Section 7.16.025, Prohibition on Use of Potable Water to City of Santa Monica Generated: 10/23/2026 7:12 PM Page 6 Irrigate Nonfunctional Turf, to prohibit potable water irrigation of nonfunctional turf as required by AB 1572.

4.E. Award RFP #466 to and Authorize the City Manager to Enter into Agreements with Accredited Rehabilitation Consultants, Inc., and O2X Human Performance, LLC for Workplace Injury Prevention and Ergonomic Services for the Finance Department
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP# 466 to Accredited Rehabilitation Consultants Inc., and O2X Human Performance LLC for Workplace Injury Prevention and Ergonomic Services for the Finance Department;

3. Authorize the City Manager to enter into an agreement with Accredited Rehabilitation Consultants Inc., for a total amount not to exceed $636,872 over a 5-year period, with future year funding contingent on Council budget approval; and

4. Authorize the City Manager to enter into an agreement with O2X Human Performance LLC, for a total amount not to exceed $850,690 over a 5-year period, with future year funding contingent on Council budget approval.

4.F. Approval of Fifth Modification of Agreement with Zones for After-Hours Service Desk Support for the Information Services Department Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a fifth modification to agreement #10887 in the amount of $93,918 with Zones, LLC (Zones) for after-hours Service Desk support for the Information Services Department. This will result in an amended agreement with a new total amount not to exceed $2,309,586, with future year funding contingent on Council budget approval.

4.G. Approval of Third Modification of Agreement with ELB US, Inc. for the Purchase of Audio-Visual Equipment, including System
Design/Implementation and Support Services for the Information Services Department
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a third modification to Agreement #10935 in the amount of $220,000 with ELB US, Inc. (ELB) for the purchase City of Santa Monica Generated: 10/23/2026 7:12 PM Page 7 of audio‑visual equipment, system design and implementation, and support services for the Information Services Department. This will result in an amended agreement with a new total amount not to exceed $715,855, with future year funding contingent on Council budget approval.

4.H. Approval of Second Modification to Agreement #10729 and Second Modification to Agreement #11167 with Pumpman, LLC for Ongoing and Emergency Repair and Maintenance Services for Facilities and Building Pump Systems and Wastewater Pump Systems for the Public Works Department Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to execute a second modification to agreement #10729 in the amount of $330,000 with PumpMan, LLC for ongoing and emergency repair pump services for the Public Works Department. This will result in an amended eight-year and-six-month agreement with a new total amount not to exceed $1,384,093, with future year funding contingent on Council budget approval; and

3. Authorize the City Manager to execute a second modification to agreement #11167 in the amount of $500,000 with PumpMan, LLC for sewage pump maintenance and repair services for the Public Works Department. This will result in a six-year amended agreement with a new total amount not to exceed $2,250,000 with future year funding contingent on Council budget approval.

4.I. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending the Text of the Zoning Ordinance: (1) For Consistency with State Law, Including Provisions to Clarify Commercial Floor Area Ratio Limitations, Incentives and Concessions Under State Density Bonus Law, Housing Project Definitions Under the Housing Accountability Act, Accessory Dwelling Unit and Junior Accessory Dwelling Unit Interior Living Space and Owner Occupancy Requirements, and Unbundled Parking Requirements; and (2) to Make Other Minor Changes, Corrections, and Clarifications as Necessary
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.J. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Amending Sections 9.64.065 and 9.64.075 of the Santa Monica Municipal Code to (1) Extend the Deadline by which an Applicant of an Eligible Entitled Multiple-Unit Project Must Obtain a New Entitlement; and (2) Make Minor Clarifications to the Program Titles
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

City of Santa Monica Generated: 10/23/2026 7:12 PM Page 8

4.K. Adoption of Resolution Declaring the City Council's Intention to Renew the Santa Monica Tourism Marketing District and Fixing the Time and Place for a Public Meeting and a Public Hearing to Consider the Renewal - New Item Received. 10/23/2026
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt a Resolution declaring the City Council’s intention to renew the Santa Monica Tourism Marketing District, and setting a public meeting and public hearing on the proposed renewal and assessments.

4.L. City Council - Regular and Special Joint Meeting - Jun 24, 2025 5:30 PM - New Item Received. 10/23/2026

5. CLOSED SESSIONS

5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1) Orozco v. John Doe; Does 1-2, 23SMCV03120; John ULW Doe v. City of Santa Monica, 23SMCV06066; John UNB Doe v. City of Santa Monica, 23STCV12746; John Doe 1 v. Roe 1, 23STCV15009; John AD Doe v. City of Santa Monica, 23STCV26548; John CW Doe v. City of Santa Monica, 23STCV29623; Garcia v. Santa Monica Police Activities, 24SMCV01368; John DD Doe v. City of Santa Monica, Santa Monica Police Activities League, et al., 24SMCV04421; John Doe v. Santa Monica Police Activities Leage, City of Santa Monica, et al., 24SMCV05049; John Doe (D.F.) v. Santa Monica Police Activities League, City of Santa Monica, et al., 24SMCV05050; John Doe v. Santa Monica Police Activities Leage, City of Santa Monica, et al., 24SMCV05051; John Doe (Y.M.) v. Santa Monica Police Activities League, City of Santa Monica, et al., 24SMCV06355; John GA Doe v. Doe City; Doe League, et al, 24STCV06484; John ULW Doe v. City of Santa Monica, 24STCV06768; John Doe 15 v.

City of Santa Monica, 24STCV07647; John Doe 18 v. City of Santa Monica, 24STCV08239; John RR Doe, et al. v. City of Santa Monica, Santa Monica Police Activities League, et al., 24STCV09398; John Doe 48 v. City of Santa Monica, Santa Monica Police Activities League, 24STCV15420; John Does 33-47, et al v. ROE 1, et al., 24STCV15580; John Doe 49 v. Roe 1, et al., 24STCV19296; Jane EB Doe v. City of Santa Monica, Santa Monica Police Activities, et al., 24STCV24146; Jane Doe 13, et al. v. City of Santa Monica, Santa Monica Activities League, et al., 24STCV27233; John AM Doe v. Doe City; Doe League, et al., 24STCV28433; Doe 16 - Jane Doe 21, et al v. ROE 1, et al., 25STCV02235; John Doe 62, et al. v. City of Santa Monica, Santa Monica Police Activities League, et al., 25STCV04414; John Doe 23 v. City of Santa Monica, Santa Monica Police Activities League, et al., 25STCV05850; John Doe (E.B.) v. Santa Monica Police Activities League, City of Santa Monica, et al., 25STCV06354; John Doe 67 v.

Roe 1, et al., 25STCV10142; John Doe 68 v. City of Santa Monica, Santa Monica Police Activities League, et al., 25STCV12089; John PB Doe, et al. v. City of Santa Monica, Santa Monica Police Activities League, et al., 25STCV06880; John Doe 69 , John Doe 70 v. ROE 1, et al., 25STCV14031; John OR Doe, et al. v. City of Santa Monica, Santa Monica Police Activities Leage, et al., 25STCV16251; John RD Doe, et al. v. City of Santa Monica, Santa Monica Police City of Santa Monica Generated: 10/23/2026 7:12 PM Page 9 Activities League, et al., 25STCV24158; John Doe 71, et al. v. City of Santa Monica, et al., 25STCV32120; John Doe 76, et al. v. Roe 1, a public entity, et al., 25STCV32032; and John Doe 77 v. City of Santa Monica, et al., 26STCV07769

5.B. Conference with legal counsel – existing litigation – Gov. Code § 54956.9(d)(1):

City of Santa Monica v. ICSOP, et al.; OCSC # 30-2022-01261243

5.C. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Stewart v. City of Santa Monica; LASC # 23SMCV03956

5.D. Conference with legal counsel – existing litigation – Gov Code § 54956.9(d)(1):

La Brea Washington Co., LLC v. City, et al; LASC # 25STCP00154 - New Item Received. 10/23/2026

5.E. Conference with legal counsel – potential initiation of litigation - Gov. Code § 54956.9(d)(4) – 1 case - New Item Received. 10/23/2026

5.F. Conference with real estate negotiator – Gov. Code § 54956.8; City property:
2900 & 3000 Airport Avenue, 3011 Airport Avenue, and 3021 Airport Avenue, Santa Monica, California; City negotiator: Oliver Chi, City Manager; persons to be negotiated with: Larry Serota, Executive Managing Director, Transwestern, and Tim Katt, Gradient Sports Holdings, LLC; under negotiation: price and terms of payment of lease - New Item Received. 10/23/2026

5.G. Conference with Real Property Negotiator – Gov. Code § 54956.8; City Property: Improvements located at 3021 Airport Avenue, Santa Monica, CA 90405; City Negotiator: Oliver Chi, City Manager; persons to be negotiated with: Judy Barker, Santa Monica Air Center, Inc.; Under Negotiations: Price and terms of payment - New Item Received. 10/23/2026

5.H. Public Employee Performance Evaluation – Gov. Code § 54957(b): Title: City Manager - New Item Received. 10/23/2026

CITY MANAGER REPORT

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

7. STUDY SESSION
No items

8. CONTINUED ITEMS
City of Santa Monica Generated: 10/23/2026 7:12 PM Page 10 No items

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

10.A. Update to Adoption of 2025 California Building Standards Code and Amendments to the Municipal Code to Support Permitting Process Changes Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines;

2. Introduce for first reading the attached ordinance to adopt the 2025 California Building, Residential, Electrical, Energy, Mechanical, Plumbing, Fire, Green Building, Wildland-Urban Interface, Historical and Existing Building Standards Codes and local amendments to the 2025 California Building Standards Code;

3. Adopt the attached resolution making findings of local climatic, geological and topographical conditions, as required;

4. Instruct staff to file the adopted resolution and ordinance with the California Building Standards Commission following the second reading of the ordinance.

5. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Chapter 8.100 to require notice to tenants of occupied residential buildings of anticipated construction before submission of an application for a building permit; and

6. Introduce for first reading the attached ordinance amending Santa Monica Municipal Code Chapter 4.12 to update the after-hours construction authorization process and eligible activities.

11. STAFF ADMINISTRATIVE ITEMS

11.A. Affordability Agenda: Update on Affordability and Tenant Protection Initiatives, Including Food and Early Childhood and Childcare Costs; Worker Wages and Labor Protections; Consumer Pricing Fairness; and Housing Stability and Tenant Protections - New Item Received. 10/23/2026 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Introduce for first reading an ordinance adding Santa Monica Municipal Code (SMMC) Chapter 4.70 to allow employees who perform work in the City to City of Santa Monica Generated: 10/23/2026 7:12 PM Page 11 designate an authorized representative to receive a final paycheck (Attachment C).

3. Approve the incorporation of Measure GS housing production funds into the Housing Trust Fund Guidelines (Attachment D).

4. Approve updates to the Preserving Our Diversity (POD) program, including expanded eligibility criteria, an annual cost-of-living adjustment to benefit payments, and a study of further program expansion.

5. Authorize staff to begin both development and outreach regarding amendments to the City’s Tenant Harassment Ordinance related to tenant organizing activities.

6. Approve changes to the FY 2026-27 Revised Budget, as described in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

7. Authorize staff to prioritize an additional $300,000 in annual General Fund support for the Human Services Grants Program, dedicated to food assistance and childcare subsidies, in the Proposed FY 2027-29 Biennial Operating Budget, as described in the Financial Impacts & Budget Actions section of this report..

11.B. Adoption of Resolution Proclaiming a Local Emergency for the 2026-2027 El Niño Winter Season - New Item Received. 10/23/2026
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Adopt the proposed resolution of the City Council of the City of Santa Monica Proclaiming the Existence of a Local Emergency for the 2026-2027 El Niño Winter Season.

12. PUBLIC HEARINGS

12.A. Introduction and First Reading of an Ordinance to Approve Development Agreement for a Digital Display Located at 1355 Third Street Promenade/301 Santa Monica Boulevard and the Installation of a Reconstructed Historic Blade Sign - New Item Received. 10/23/2026
City of Santa Monica Generated: 10/23/2026 7:12 PM Page 12 Recommended Action
Staff recommends that the City Council:

1. Adopt findings of categorical exemptions pursuant to Sections 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), 15311 (Accessory Structures), 15331 (Historical Resource Restoration/Rehabilitation), and 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA) Guidelines;

2. Introduce an Ordinance for first reading to approve Development Agreement 26ENT-0124 for a Digital Display Located at 1355 Third Street Promenade/301 Santa Monica Boulevard and the Installation of a Reconstructed Historic Blade Sign.

12.B. Public Hearing and Appeal of the Landmarks Commission Decision to Deny Application to Designate Single-Unit Dwelling Located at 1921 20th Street as a City Landmark - New Item Received. 10/23/2026
Recommended Action
Staff recommends that the City Council consider the item and then select one of the following two options.

1. Deny the Appeal of the Landmarks Commission decision to deny application 26ENT-0089 to designate the single-unit dwelling located at 1921 20th Street, a two-story, Craftsman style Airplane Bungalow, as a City Landmark. a. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15270, CEQA does not apply to projects that a public agency disapproves. Based on the recommended action, CEQA would not be applicable.

2. Alternatively, if the City Council determines that the single-unit dwelling located at 1921 20th Street meets one or more of the criteria set forth in SMMC 9.56.100(A), the City Council can determine that the property should be designed as a Landmark.
a. Pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines, it can be seen with certainty that there is no possibility that approving an application and designating the property as a Landmark will result in any significant effect on the environment.
b. If the City Council selects this option, staff will bring back a State of Official Action at a subsequent Council meeting to reflect this determination.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
City of Santa Monica Generated: 10/23/2026 7:12 PM Page 13 No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Request by Councilmember Raskin that the City Council consider allocating $10,000 from Councilmember Raskin’s discretionary fund allotment to support programming at the Santa Monica History Museum, including $7,000 for the Museum’s upcoming Route 66 exhibition and $3,000 for its Día de los Muertos programming in November. These programs aim to bring the community together to celebrate Santa Monica’s history and cultural traditions while attracting visitors to downtown Santa Monica. The funding will enable the Museum to expand its programming and further contribute to a vibrant, welcoming downtown, consistent with the goals of the City’s Realignment Plan

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.

City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.

Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Oliver Chi, City Manager, City Manager's Office
Subject: Mayor's Highlight DOT- MCO: Antonise Walton
Prepared By: Amy Larkin, Staff Assistant III
Approved Forwarded to Council

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City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.A
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Resource Recovery & Recycling Division
Subject: Award Bid #4515 to and Authorize the City Manager to Execute an Agreement With Clean Harbors Environmental Services, Inc., for Contractual Services Related to Household Hazardous Waste Collection and Disposal Services for the Resource Recovery and Recycling Division Recommended Action
Staff recommends that the City Council:

2. Award Bid #4515 to Clean Harbors Environmental Services, Inc. for household hazardous waste collection and disposal services for the Public Works Department; and

Summary
The City of Santa Monica (City) provides household hazardous waste collection for Conditionally Exempt Small Quantity Generators (CESQGs), City divisions, and residents, which requires heavily regulated documentation and the transportation of hazardous materials. To continue meeting the Santa Monica Realignment Plan’s strategic objective of Achieving Safe Neighborhoods and Clean Streets and to uphold public health, it is necessary to provide efficient and safe collection of household hazardous waste materials. Staff recommends awarding Bid 4515 and executing a

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contract with Clean Harbors Environmental Services, Inc., for a total amount not to exceed $4,403,865 for a term of five years.

Discussion
According to the California Department of Resources Recycling and Recovery (CalRecycle), it is illegal to dispose of Household Hazardous Waste (HHW) in the garbage, storm drains, and on the street. Untreated toxic chemicals can pollute the environment and cause harm to animals and people. Typical HHW includes paints, adhesives, batteries, aerosols, fluorescent lamps, electronics, used oil, and pesticides.

The City’s Resource Recovery and Recycling Division requires the disposal of hazardous waste from its hazardous waste facility and the residential door-to-door pickup program. The residential HHW door-to-door collections program was first introduced in the City as a pilot program in January 2011. The program is currently available to all residents, who, after making a telephone or online appointment, would have their HHW collected and transported by a trained contracted hazmat technician from their home within five business days to an approved hazardous materials certified facility for further processing, recycling, and disposal. Residents do not pay extra for this service because the cost is funded by regular solid waste rates. In fiscal year 2025-26, a total of 1,792 households participated in the door-to-door program and 82,802 pounds of HHW were either safely discarded or diverted from landfills and recycled.

In addition, the HHW facility at the City Yards safely stores hazardous materials collected from in-house city operations, emergency response, and small quantity business generators. The HHW facility is staffed with one full-time City staff member (Hazardous Materials Technician) and one part-time contracted certified hazardous waste technician, who is trained in specialized packaging of hazardous waste.

Vendor Selection

Bidder Recommendation

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Best Bidder Clean Harbors Environmental Services, Inc.

Evaluation Criteria Cost, qualifications in providing service, and references.

Municipal Code SMMC 2.24.100(a)
Bid Data
Date
Posted Posted On Advertise In (City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
03/12/2026 City's Online
Bidding Site
Santa Monica Daily
Press 8 04/07/2026
Best Bidder Justification
An evaluation committee of RRR staff reviewed the six responses received. Clean Harbors Environmental Services, Inc. is the best-qualified vendor to provide household hazardous waste collection and disposal services at a reasonable cost, has 46 years of experience providing services to multiple cities, provided all required training documentation, had standout reference check results, and is a current member of the PaintCare paint stewardship program.

Environmental Review
The disposal of hazardous waste is categorically exempt from CEQA pursuant to Sections 15301 and Section 15308 of the CEQA Guidelines. Section 15301 Submittals Received*
Advanced Chemical
Transport, Inc. (dba
ACTenviro)
$9,568,175
Clean Harbors
Environmental
Services, Inc.
$652,424
Arcwood Environmental $155,039
Graymar
Environmental
Services, LLC
$269,921
Clean Earth Environmental
Solutions, Inc. $503,004 United Plumbing Service, Inc. $5,215,812 *NOTE: Submittal totals above were calculated by multiplying the historical quantities of hazardous waste materials collected by the collection/disposal price per pound provided by each bidder. All subtotals per bidder were then added together to determine the annual costs per bidder shown above. The disparity between submittals is due to the varied pricing per pound for individual items. For example, acids range from $300/per pound to $1.14/per pound and asbestos range from $200/per pound to $0.41/per pound.

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provides an exemption (Class 1 – Existing Facilities) for the operation, repair, maintenance, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Section 15308 exempts Class 8 projects consisting of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of the environment where the regulatory process involves procedures for protection of the environment. The agreement for household hazardous waste services would not result in any modifications to existing facilities, including the hazardous waste facility at the City Yards, and would ensure the safe and proper disposal of hazardous waste for protection of the environment. Therefore, the award of the agreement is exempt from CEQA pursuant to Section 15301 and 15308 of the CEQA Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Resource Recovery and Recycling Fund to award a contract with Clean Harbors Environmental Services, Inc., for household hazardous waste collection and disposal services.

Contract Request
FY 2026-27
Request Amount
Future Years
Amount
Department Account
#
Total Contract
Amount
$652,424 $3,751,391 54500003.550070 $4,403,865
Future year funding is contingent on Council budget approval.

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Prepared By: Ryan Kraemer, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. Clean Harbors Oaks Initiative Disclosure Form
B. Clean Harbors Levine Act

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4.A.a

CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
City of
Santa Monies'
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a "public benefit." If the "public benefit" is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period; Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of$25,000 over a 12- month

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the

6. Tax "abatement, exception, or benefit" of a value in excess of $5,000 in any 12- month period; or

7. Payment of "cash or specie" of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Clean Harbors Inc.

Attachment: Clean Harbors Oaks Initiative Disclosure Form (7053 : Award Contract for Hazardous Waste Services) Name(s) of trustees, directors, partners, and officers:

See Attached
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
0%
Prepared by: Gregory Malerbi
To, Syp Treasurer
signature: Seage Date: 04-02-2026
Email :[email protected] _ Phone : 781/792-5265 FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Packet Pg. 20

4.A.a

EXECUTIVE OFFICERS & DIRECTORS

EXECUTIVE OFFICERS
ALAN S. McKIM MICHAEL L. BATTLES ERIC W. GERSTENBERG
Founder, Executive Co-Chief Executive Co-Chief Executive Chairman and Chief Officer Officer
Technology Officer
GEORGE L. CURTIS JEROEN DIDERICH ERIC J. DUGAS
Executive Vice President, President of Executive Vice President Pricing & Proposals* Environmental Sales & and Chief Financial Service Officer
SHARON M. GABRIEL ROBERT HARRISON ROBERT E. SPEIGHTS
Executive Vice President Executive Vice President, President, Industrial and Chief Information Health & Safety* Services*
Officer*
REBECCA UNDERWOOD BRIAN P. WEBER
President, Facilities* President, Safety-Kleen
Sustainability Solutions

DIRECTORS
ALAN S. McKIM MICHAEL L. BATTLES EDWARD G. GALANTE Attachment: Clean Harbors Oaks Initiative Disclosure Form (7053 : Award Contract for Hazardous Waste Services) Founder, Executive Co-Chief Executive Lead Independent
Chairman and Chief Officer Director
Technology Officer
ERIC W. GERSTENBERG KARYN POLITO JOHN T. PRESTON
Co-Chief Executive Director Director
Officer
ALISON QUIRK MARCY L. REED, CPA ANDREA ROBERTSON,
Director Director CPA
Director
LAUREN C. STATES SHELLEY STEWART, JR. JOHN R. WELCH
Director Director Director

ROBERT WILLETT
Director
* officer of a wholly-owned subsidiary of the parent
holding company, Clean Harbors, Inc. CLEAN HARBORS, INC. | ANNUAL Packet Pg. 21

4.A.a
Cleanharbors®
ANNUAL REPORT 2024
Attachment: Clean Harbors Oaks Initiative Disclosure Form (7053 : Award Contract for Hazardous Waste Services) Clean Harbors' state-of-the-art
incineration facility in Kimball, Nebraska
Packet Pg. 22
City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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Attachment: Clean Harbors Levine Act [Revision 1] (7053 : Award Contract for Hazardous Waste Services) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Attachment: Clean Harbors Levine Act [Revision 1] (7053 : Award Contract for Hazardous Waste Services) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps

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Attachment: Clean Harbors Levine Act [Revision 1] (7053 : Award Contract for Hazardous Waste Services)

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• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

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Attachment: Clean Harbors Levine Act [Revision 1] (7053 : Award Contract for Hazardous Waste Services)

Page 3 ends

other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

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Attachment: Clean Harbors Levine Act [Revision 1] (7053 : Award Contract for Hazardous Waste Services) City Council
Report
City Council Meeting: October 27, 2026
Agenda Item: 4.B
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Architecture Services Division Subject: Approval of Fourth Modification to Agreement No. 11449 with Olympos Construction, Inc. for Construction Services for the 2800 Airport Avenue Renovation Project
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

Summary
The City is currently implementing improvements to the building located at 2800 Airport Avenue, a City-owned facility originally constructed in 1953 and undergoing renovation to address deferred maintenance, improve code compliance, and support interim Airport Campus uses. During construction activities and additional site investigations, previously undocumented building and subsurface infrastructure conditions were identified involving building conditions and deteriorated underground electrical service infrastructure, non-compliant sewer connections, and other legacy utilities not reflected in available record drawings. Addressing these conditions requires additional construction work and associated site restoration. Staff recommends approving a fourth

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modification to the agreement with Olympos Construction, Inc. in the amount of $2,100,000 (including a 20% contingency) for a new total amount not to exceed $10,158,350 to complete these improvements and allow the project to proceed without delay.

Discussion
The building located at 2800 Airport Avenue is a 22,000-square-foot reinforced concrete structure constructed in 1953 as an armory for the Organized Reserve Corps. The building was later repurposed for aviation-related and municipal uses, and at one time was leased to Santa Monica College. 2800 Airport Avenue consists of multiple buildings that require improvements to bring them up to code and make the spaces viable and profitable for lease at the Santa Monica Municipal Airport. The site's existing conditions required multiple improvements, many of these could not be foreseen at the time of the initial construction bid due to the complexity of the structure and site wear and tear. The Architecture Services Division has worked closely with the Building and Safety Division and the general contractor, Olympos, to identify all existing conditions that must be addressed before finalizing the project. This contract modification incorporates all the outstanding required improvements. As a proactive measure, on March 1, 2025, the Architecture Services Division and the Santa Monica Municipal Airport issued a Request for Qualifications (RFQ) for 2800 Airport Avenue. The RFQ sought to qualify contractor(s) for the necessary improvements at 2800 Airport Avenue while maintaining the quality of workmanship and schedule, with the understanding that there might be multiple unforeseen conditions that will need to be addressed during construction.

Olympos Construction, Inc. was selected as the qualified contractor for the necessary improvements to 2800 Airport Avenue complex. This selection process ensures that all necessary improvements can be completed by one qualified contractor, ensuring that the buildings are up-to-date with the latest California Building Codes, ADA requirements, and International Building Code, while providing the City with full warranty coverage of all work performed.

On July 25, 2023, the City Council awarded Bid SP2686 to Olympos Construction,

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Inc. in the amount of $3,312,100 (including a 10% contingency) to initiate the renovation of the buildings to address infrastructure repairs necessary to comply with current code, resolve deferred maintenance issues, minimize ongoing maintenance costs, and increase revenue potential through the establishment of new artist studios, creative office space for small local businesses, and the new home of the Ruskin Group Theater.

During construction, additional conditions—including critical structural, fire, and life-safety issues —were discovered that required additional and expanded scope. Council has approved three contract modifications to address this additional scope, the work required to complete the renovation, and material cost escalation due to implemented tariffs. These actions were incorporated into the construction agreement through Change Orders No. 1 and 2, establishing a total agreement amount of $8,058,350.00.

During construction, several previously undocumented building and subsurface conditions were identified by the contractor and the Building and Safety Division. The additional scope of work includes, but is not limited to, correcting the misalignment of the proposed interior lift to meet Americans with Disabilities Act (ADA) requirements, repairing or replacing existing underground utility connections (power and plumbing), providing proper building and site stormwater drainage, and completing additional ADA and structural repairs that are required by the Building and Safety Division.

The age of the facilities and the incomplete historical documentation of the building and underground infrastructure were the reasons these scope items were overlooked during the initial design and construction phases. The Architecture Services Division, with the assistance of the Building and Safety Division, the contractor, and infrastructure providers, has identified the remaining on-site corrections that are required to bring the 2800 Airport Avenue buildings up to code; Therefore, staff recommends approving a fourth and last modification to the agreement with Olympos Construction, Inc., and in accordance with the RFQ issued on March 1, 2023, in the amount of $2,100,000 (including a 20% contingency), for a new total amount not to exceed $10,158,350, to complete these improvements.

Environmental Review

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This project is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. Section 15301 exempts Class 1 (Existing Facilities) projects from CEQA, which include the operation repair, maintenance, permitting, leasing, licensing, or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

The project would renovate the existing City facilities at 2800 Airport Avenue, and therefore, it has been determined that the project would fall within the Class 1 categorical exemption. Furthermore, none of the exceptions in Categorical Exemptions set forth in the CEQA Guidelines, section 15300.2, would preclude the use of this exemption.

Past Council Actions
Meeting Date Description
7/25/2023
(Attachment A)
Award Construction Contract for the 2800 Airport Avenue Renovation Project
3/19/2024
(Attachment B)
Approval of First Modification to Agreement with Olympos Construction Inc. for 2800 Airport Avenue Renovation
Project
8/27/2024
(Attachment C)
Approval of Second Modification to Agreement with
Olympos Construction Inc. for 2800 Airport Avenue
Renovation Project
5/13/2025
(Attachment D)
Approval of Third Modification to Agreement with Olympos Construction Inc. for 2800 Airport Avenue Renovation
Project
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Airport Fund to increase the amount of the contract with Olympos Construction Inc. for construction services for the 2800 Airport Avenue Renovation Project.

Contract Modification Request
Agreement
#
Current
Authorized
Amount
FY2025-26
Request
Amount
CIP Account # Total Revised
Contract
Amount
11449 $8,058,350 $2,100,000 C5704690.689000 $10,158,350

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Future year funding is contingent on Council budget approval.

Prepared By: William Clerk, CIP Project Manager
Approved Forwarded to Council
Attachments:

A. July 25, 2023, Staff Report (web link)
B. March 19, 2024, Staff Report (web link)
C. August 27, 2024, Staff Report (web link)
D. May 13, 2025, Staff Report (web link)
E. _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_
F. Executed - Third Modification - Change Order #2
G. Olympos_Oaks_Initiative_Disclosure_Form
H. Olympos_Levine_Act_Disclosure_Form_2026

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Contract No. 11449 (CCS)
SP2686

CONSTRUCTION CONTRACT
by and between
City of Santa Monica
and
Olympos Construction, Inc.
2800 Airport Avenue Renovation Project
SP2686
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-i
i
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. .......................1 SECTION 2 THE PROJECT. .......................................................................................1 SECTION 3 THE CONTRACT DOCUMENTS............................................................2 SECTION 4 THE WORK..............................................................................................2 SECTION 5 PROJECT TEAM. ....................................................................................2 SECTION 6 TIME OF COMPLETION. ........................................................................2 SECTION 7 COMPENSATION TO CONTRACTOR. .................................................4 SECTION 8 STANDARD OF CARE............................................................................5 SECTION 9 INDEMNIFICATION.................................................................................5 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.............6 SECTION 11 INSURANCE AND BONDS.....................................................................6 SECTION 12 PROHIBITION AGAINST TRANSFERS. ................................................6 SECTION 13 NOTICES. ................................................................................................7 SECTION 14 DISPUTE RESOLUTION.........................................................................8 SECTION 15 DEFAULT...............................................................................................11 SECTION 16 CITY'S RIGHTS AND REMEDIES........................................................12 SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES. .....................................15 SECTION 18 ACCOUNTING RECORDS. ..................................................................16 SECTION 19 INDEPENDENT PARTIES. ...................................................................16 SECTION 20 NUISANCE.............................................................................................16 SECTION 21 PERMITS AND LICENSES. ..................................................................17 SECTION 22 WAIVER. ................................................................................................17 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT....................17 SECTION 24 GOVERNING LAW. ...............................................................................17 SECTION 25 COMPLETE AGREEMENT...................................................................17 SECTION 26 SURVIVAL OF CONTRACT..................................................................17 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS. ....................................17 SECTION 28 SANTA MONICA LIVING WAGE ORDINANCE...................................18 SECTION 29 SANTA MONICA OAKS INITIATIVE NOTICE......................................18 SECTION 30 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM........18 SECTION 31 labor enforcement task force.................................................................19 SECTION 32 GOVERNMENTAL POWERS. ..............................................................19 SECTION 33 SEVERABILITY. ....................................................................................19 SECTION 34 EXHIBITS...............................................................................................20 SECTION 35 COUNTERPART SIGNATURES...........................................................20
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-1

CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on ______________(“Execution Date”) by and between the CITY OF SANTA MONICA, a California municipal corporation ("City"), and Olympos Construction, Inc. ("Contractor"), is made with reference to the following:

R E C I T A L S:

A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. Contractor is a Corporation duly organized and in good standing in the State of California, License Number 940910. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On May 8, 2023, City issued a Notice Inviting Bids to contractors for 2800 Airport Avenue Renovation Project. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are the General Conditions (Exhibit 3), Plans, Special Provisions and/or Technical Specifications (Exhibit 4), Payment and Performance Bonds (Exhibit 5), Insurance Requirements (Exhibit 6), Oaks Initiative Disclosure (Exhibit 7), Living Wage Certification (Exhibit 8), Prevailing Wage Acknowledgment Form (if applicable) (Exhibit 9).

D. City and Contractor desire to enter into this Construction Contract for the 2800 Airport Avenue Renovation Project, and other services as identified in the Bid Documents for the 2800 Airport Avenue Renovation Project upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract and/or in the General Conditions. If there is a conflict between the definitions in this Construction Contract and in the General Conditions, the definitions in this Construction Contract shall prevail.

SECTION 2 THE PROJECT.

The Project is the construction of the 2800 Airport Avenue Renovation Project. ("Project").

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SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-Qualification Checklist (if applicable). (ii) Executed Construction Contract between City and Contractor. (iii) Notice Inviting Bids.
(iv) Instructions to Bidders
(v) Bidding Addenda.
(vi) Contractor's Bid.
(vii) General Conditions.
(viii) Special Provisions and Technical Specifications. (ix) Performance and Payment Bonds.
(x) Insurance Forms.
(xi) Plans and Drawings.
(xii) Reports listed in the Bidding Documents.
(xiii) Supplements, Attachments, and Exhibits attached to the above items. (xiv) Modifications.
(xv) Change Orders.
(xvi) Field Orders.

SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any Changes requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and technical consultation for the design and construction of the Project. The Project requires that Contractor operate efficiently, effectively and cooperatively with City as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 Time Is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in City’s Notice to Proceed.

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6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion within 180 Calendar Days after the date specified in City’s Notice to Proceed.

6.4 Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

6.4.2 Daily Amount.

City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time.

Therefore, the parties agree that in addition to all other damages to which City may be entitled other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time, Contractor shall pay City as liquidated damages the amount of $1,000 per day for each Day occurring after the expiration of the Contract Time until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work Substantially Completed within the Contract Time, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

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6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.
.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance. .2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time.

6.4.6 Other Remedies.

The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time.

6.5 Adjustments to Contract Time.

The Contract Time may only be adjusted for time extensions approved by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents the Contract Sum of THREE MILLION ELEVEN THOUSAND DOLLARS ($3,011,000.00)

7.2 Full Compensation.

The Contract Sum shall be full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed and satisfactorily performed in accordance with the requirements of the Contract Documents.

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7.3 Compensation for Extra or Deleted Work.

The Contract Sum shall be adjusted (either by addition or credit) for Changes in the Work involving Extra Work or Deleted Work on the basis of both of the following:
(i) The sum of Allowable Costs as defined in Paragraph 7.2.5 of the General Conditions to be added (for Extra Work) or credited (for Deleted Work) and (ii) An additional sum (for Extra Work) or deductive credit (for Deleted Work) based on Contractor Markup and Subcontractor/Sub-subcontractor Markups allowable pursuant to this Section 7.3.

Contractor Markup and Subcontractor/Sub-subcontractor Markups set forth herein are the full amount of compensation to be added for Extra Work or to be subtracted for Deleted Work that is attributable to overhead (direct and indirect) and profit of Contractor and of its Subcontractors and Sub-subcontractors, of every Tier. Contractor Markup and Subcontractor/Sub-subcontractor Markups, which shall not be compounded, shall be computed as follows:

7.3.1 Self-Performed Work.
15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by Contractor with its own forces.

7.3.2 Subcontractors.
15% of the Allowable Costs for that portion of the Extra Work or Deleted Work to be performed by a first Tier Subcontractor with its own forces, plus 5% thereon for Contractor Markup.

7.3.3 Sub-subcontractors.
15% of the Allowable Costs of that portion of the Work to be performed by Sub-subcontractors of the second and lower Tier with their own forces, plus 5% thereon for the Subcontractor, plus 5% on the combined total thereof for Contractor Markup.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any Tier;
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(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Sub-subcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Sub-subcontractors, of any Tier, for Work performed on or off the Site for the Project; and
(v) Any personal injury, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors, of any Tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole or active negligence or willful misconduct of the Indemnitee. Contractor shall pay City for any costs incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 et seq and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:
(i) The applicable provisions of the California Labor Code; (ii) Chapter 7.28, Prevailing Wage and Apprenticeship Law, of the Santa Monica Municipal Code;
(iii) Chapter 4.65, Living Wage Ordinance, of the Santa Monica Municipal Code; and (iv) Oaks Initiative requirements.

SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained insurance and Performance and Payment Bonds satisfying all requirements in Article 11 of the General Conditions. Failure to do so shall be deemed a material breach of this Construction Contract.

SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void.

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For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, demands or requests (including, without limitation, Claims) from Contractor to City at:

City of Santa Monica, Public Works, Architectural Service Division 1685 Main Street, Mail Stop #15
Santa Monica, California 90401
Attention: Alex Parry, Project Manager
Re: 2800 Airport Avenue Renovation Project, 11449 (CCS)

In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: 2800 Airport Avenue Renovation Project, 11449 (CCS) All Claims shall be delivered personally or sent by certified mail.

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All notices, demands, requests or approvals from City to Contractor shall be addressed to:

Olympos Construction, Inc.
80 W Cochran Street, Unit A
Simi Valley, CA 93065
Attention: Christos Skianis
Re: 2800 Airport Avenue Renovation Project, 11449 (CCS)

13.3 Change of Address.

In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may, by written notice only, add, delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

Contractor Claims (as defined by Public Contract Code Section 9204(c)) and General Conditions Section 1.1.18 shall be resolved by the parties in accordance with General Conditions Section 4.2 and applicable law. The procedures set forth in General Conditions Section 4.2 shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub-subcontractors of any Tier; (iii) False claims liability under California Government Code Section 12650, et. seq.;
(iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of Los Angeles, West District, and shall not be subject to the Contract Dispute Resolution Process.

However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Disputes.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Disputes, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with Section 4.2 of the General Conditions.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to the Contract Dispute. Nothing contained herein shall preclude City from asserting Contract Disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the Contract Dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events.

14.4 Contract Dispute Resolution Process.

The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in General Conditions Section

4.2.6; however, any failure to respond shall be governed by General Condition Section 4.2.9.

14.4.2. Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in General Conditions Section 4.2, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (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 City 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 sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten (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 DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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14.4.4 Binding Arbitration.

If the Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contract Dispute shall submit the Contract Dispute for final and binding arbitration pursuant to the provisions of California Public Contract Code Sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code Section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance.
.4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award.

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(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence
.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards.
.8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4.

Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code Section 9204((f)(1) or (2). Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Claims of Contractor that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time or for submission of Claims or supporting documentation of Claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

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15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) Days after receipt of written notice. However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within two (2) Days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

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16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated damages and Losses suffered by City.

16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:
(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time; (ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-14 any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) Days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) Days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays pursuant to Section 8.3 of General Conditions.

DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-15 .3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section

16.6. 16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract; (iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-16

17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) Days after receipt of notice from Contractor, then upon an additional thirty (30) Days’ notice to City Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-17 SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Santa Monica business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the full and complete understanding of every kind or nature between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and approved as to form by City Attorney.

SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

This contract ( does or X does not) have special fund(s) involved requiring additional contract requirements, therefore this section ( does or X does not) apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:

Community Development Block Grant (CDBG)
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-18 Housing and Urban Development (HUD)
Metropolitan Transportation Authority (MTA)
Other: __________________________________
Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 10), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 SANTA MONICA LIVING WAGE ORDINANCE.

This contract (X is or is not) subject to the City of Santa Monica’s Living Wage Ordinance.

The City of Santa Monica’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (“Living Wage Ordinance”), requires the payment of Minimum Wage for work done on any Contract over a certain threshold to any worker who does not actually work as a manager, supervisor or confidential employee, and who is not required to possess an occupational license.

The established Minimum Wage includes an annual adjustment each July 1st by an amount corresponding to the previous calendar year’s change in the Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside and Orange Counties.

If this Contract is subject to such Living Wage Ordinance, then the contractor shall comply with all of its provisions. Failure to comply with the provisions of the Living Wage Ordinance shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

SECTION 29 SANTA MONICA OAKS INITIATIVE NOTICE.

This contract (X is or is not) subject to the City of Santa Monica’s Oaks Initiative.

Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. It prohibits a public official from receiving specified personal benefits from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000.

If this Contract is subject to such Oaks Initiative, then the Contractor shall comply with all of its provisions and disclosures. Failure to comply with the provisions of the Oaks Initiative shall be grounds for termination of this Contract. Questions concerning the Living Wage Ordinance may be directed to the City Finance Department at (310) 458-8281.

SECTION 30 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM In accordance with State of California Senate Bill No. 854 (SB 854):

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-19 Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR).

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html.

SECTION 31 LABOR ENFORCEMENT TASK FORCE
Contractor shall cooperate will all DIR Labor Enforcement Task Force (LETF) onsite investigations, including, without limitation, allowing DIR/LETF investigators onsite, providing access to any and all documents requested by DIR/LETF, and allowing investigators to meet with employees or laborers onsite.

SECTION 32 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 33 SEVERABILITY.

In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract No. 11449 (CCS)
SP2686
Public Works | Construction Contract | April 2023 CC-20 SECTION 34 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – General Conditions.

Exhibit 4 – Plans, Special Provisions and/or Technical Specifications.

Exhibit 5 – Payment and Performance Bonds.

Exhibit 6 – Insurance Requirements.

Exhibit 7 – Oaks Initiative Disclosure.

Exhibit 8 – Living Wage Certification.

Exhibit 9 – Prevailing Wage Acknowledgment Form (if applicable).

SECTION 35 COUNTERPART SIGNATURES.

This Construction Contract and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. Counterparts hereof that are transmitted by facsimile or electronic transmission shall be given identical legal effect as an original.

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________

LANE DILG
City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

RICK COLE
City Manager
ABC Corporation
#VENDOR
By: _______________________________
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D 10/27/2023
City Attorney

DOUGLAS SLOAN
10/31/2023
Christos Skianis
CFO
Olympos Construction, Inc.

City Manager
11/3/2023
Denise Anderson-Warren Dave White
City Clerk
11/6/2023

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Exhibit
1 Notice Inviting Bids
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) DocuSign Envelope ID: 1529C31E-FD36-4CA6-BA95-A17EE3FD1236

CITY OF SANTA MONICA

NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City of Santa Monica invites Contractors to complete and submit electronic bids for the:
2800 Airport Ave Renovations
SP2686
Bids will only be accepted through the CITY’S ONLINE VENDOR PORTAL, OpenGov Procurement or https://secure.procurenow.com/portal/santa-monica-ca. They must be received by the specified date and time. Late bids will not be accepted. Please allow sufficient time for uploading of documents. The bid opening will be electronic, all submitted bids will be viewable by the public via OpenGov Procurement immediately after bid close time.

MANDATORY PRE-BID JOB WALK:

Thursday May 18, 1:00 pm, 2800 Airport Ave, near 23rd Street.

PROJECT ESTIMATE: $2,000,000
CONTRACT DAYS: 180
LIQUIDATED DAMAGES: $1,000 Per Calendar Day
Bidding Documents may be obtained by logging onto the City’s bidding website at:
https://secure.procurenow.com/portal/santa-monica-ca. The Contractor is required to have an A & B license at the time of bid submission. Contractors wishing to be considered must submit Bids containing all information required pursuant to the City’s Request for Bids.

Pursuant to Public Contracts Code Section 22300, the Contractor shall be permitted to substitute securities for any monies withheld by the City to ensure performance under this Contract.

Dated: 5/3/2023
APPROVED AS TO FORM: CITY OF SANTA MONICA

DOUGLAS SLOAN
City Attorney
By:

David White
City Manager
TO BE PUBLISHED:

Public Works | Notice Inviting Bids – Over Threshold | January 2020 DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Exhibit
2 Contractor’s Bid
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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4 PROJECT DETAILS

4.1 Specifications
Please be sure you have downloaded and read all required Attachments for this project. 5 PRICING PROPOSAL
TABLE 1 (BASE BID) (7565 : 2800 Airport Ave Project Mod Olympos) Line Item Description Quantity Unit of Unit Cost Total
Measure
General Requirements (OH&P, 1 LS
General Requirements, General
Conditions, Insurance, Taxes, $200,000 $200,000
Fees)
2 Demolition 1 LS
130,000 130,000
3 Concrete 1 LS
$119,000 $119,000
4 Masonry 1 LS
$65,000 $65,000
5 Metals 1 LS
$62,000 $62,000
6 Wood, Plastics, Composits 1 LS
$14,000 $14,000
7 Thermal and Moisture Protection 1 LS
$15,000 $15,000
8 Openings 1 LS
$60,000 $60,000
9 Finishes 1 LS
$200,000 $200,000
10 Specialties 1 LS Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ $60,000 $60,000
11 Equipment 1 LS
$30,000 $30,000
12 Furnishings 1 LS $180,000
$180,000
13 Special Construction 1 LS
$40,000 $40,000
14 Conveying Equipment 1 LS
$20,000 $20,000
15 Fire Suppression 1 LS $19,000
$19,000
16 Plumbing 1 LS
$141,000 $141,000
17 HVAC 1 LS
$187,000 $187,000
City of Santa Monica
Architecture Services
Request for Proposals
SP2686 - 2800 Airport Ave Renovation RFB
Packet Pg. 58
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Line Item Description Quantity Unit of Unit Cost Total
Measure
18 Electrical 1 LS
$360,000 $360,000
19 Communications 1 LS
$8,000 $8,000
20 Electronic Safety and Security 1 LS
$112,000 $112,000
21 Earthwork 1 LS
$40,000 $40,000
22 Exterior Improvements 1 LS
$200,000 $200,000 (7565 : 2800 Airport Ave Project Mod Olympos) 23 Utilities 1 LS
$79,000 $79,000
TOTAL
$2,341,000.00

ALLOWANCE
Line Item Description Quantity Unit of Unit Cost Total
Measure
24 Courtyard Deck Construction 1 LS $45,000.00
$45,000
25 Owner Approved Allowance 1 LS $75,000.00 $75,000
26 Miscellaneous Drywall Patching 1 LS $50,000.00 GC_Contract_-_2800_ $50,000
27 Seismic Retrofit Work 1 LS $500,000.00 $500,000
TOTAL
$670,000
TABLE 2 (ALT BID 1)
Line Item Description Unit of Unit Cost
Measure
4 Table 2 Example 1 Table 2 Unit 1
N/A
5 Table 2 Example 2 Table 2 Unit 2
N/A Attachment: _EXECUTED_DocuSign_SP2686_-_
City of Santa Monica
Architecture Services
Request for Proposals
SP2686 - 2800 Airport Ave Renovation RFB
Packet Pg. 59
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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THE AMERICAN INSTITUTE OF ARCHITECTS
AÍA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) Olympes Painting Inc. DEA: Olympo: Construction
30 W Cochran St Unit A, Simi Valley, CA 93063
as Principal, hereinafter called the Principal, and
(Here insert full name and address or legal title of Surety) The Ohio Casualty Insurance Company
17771 Cowan Avenue, Irvine, CA 92614
a corporation duly organized under the laws of the State of, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Monica (Here insert full name and address or legal title of Owner) 1685 Main Street, Santa Monica, CA 90401
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of amount bid
Dollars ($ 10% of amount bid),
or ine payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourseives, our heirs Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) executors, administrators, successors and assigns, jointly and severally, firmiy by these presents WHEREAS, the Principal has submitted a bid for
(Here insert full name, address and description of project) 2800 Airport Ave Renovations
IOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with th ers of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithfu performance of such Contract and for the prompt payment of labor and material fumished in the prosecution thereof, or in the event of the failure of the the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfor the Work covered b Principal to enter such Contract and give such bonds or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penatty hereof betweer said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed this 19th day of
May, 2023
Olympos Painting Inc. DBA: Olympos Construction
(Principal) (Seal)
Speren's (Tille) G80
The Ohio Casualty Insurance Company
(Surety) (Seal)
Andrew Sysyn, Attorney-in-Fact
AIA DOCUMENT A310 - BID BOND - AJA @ - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Packet Pg. 60
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Ave Project Mod Olympos) State of California
County of Orange
On MAY 19 2023 Maria Sysyn, Notary Public
before me, _
Date Here Insert Name and Title of the Officer
personally appeared Andrew Sysyn
Name(s) of Signers)
(7565: 2800 Airport /
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph MARIA SYSYN is true and correct.

Notary Public - California WITNESS my hand and official seal.

Orange County
Commission # 2311715
My Comm. Expires Nov 7, 2023
Signature
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual
• Attorney in Fact
• Trustee • Guardian or Conservator • Trustee
• Guardian or Conservator
] Other: • Other:

Signer Is Representing: Signer Is Representing:
©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Packet Pg. 61
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Liberty Mutual Insurance Company
Mutuál. The Ohio Casualty Insurance Company Certificate No: 8204331 - 971940 SURETY West American Insurance Company

POWER OF ATTORNEY
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Andrew Sysyn
all of the city of San Juan Capistrano state of CA
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance each individually if there be more than one named, its true and lawful attorney-in-fact to make. of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of October 2020
Liberty Mutual Insurance Company
TUAL The Chio Casuaity insurance Company
CORPORAT ACORPORATEL West American Insurance Company
1912 1919 1991

ANTINO IT HAMPSHI ANTINOD

INDIANA
THI 1S3M By:
guarantees
State of PENNSYLVANIA David M. Carey, Assistant Secretary SS
County of MONTGOMERY
letter of credit. On this 2nd day of October 2020
Company, The Ohio Casualty Company, and West American Insurance Company, and that he. as such, being authorized so to do, execute the foregoing instrument for the purposes before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance therein contained by signing on behalf of the corporations by himself as a duly authorized officer. or residual value IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. , ioan. " AS
COMMONWEALTH OF PENNSYLVANIA Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Teresa Postelle. Notary Public
Upper Merion Twp., Montgomery Counte Pastella For bond and/or Power of Attorney (POA) verification inquiries By:

My Commission Expires March 28.2021
Teresa Pastella, Notary Public
interest rate Member, Pennsylvana Association of Nolanes for mortgage, note
This
Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE IV - OFFICERS: Section 12. Power of Attorney.
currency rate, Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety Not valid any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed. such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoned at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings. bonds recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- obligations.

Authorization - By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
i. Renee C. Lieweliyn. the undersigned, Assistant Secretary, The Chio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company dio hereby certify that the originai power of attorney of which the foregoing is a full, true and correct copy of the Power of Altorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of Mav 2023
TUAL NSURANCE «PORATE RICAN INSURANCE
CORPORAL «CORPORATE
1912 1919 1991 Rew weep
OHIO By:

AMPS) INDIANE
{SaM Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co_8/20
Packet Pg. 62
Exhibit
3 General Conditions
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Packet Pg. 63
Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos)

!""
#
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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Packet Pg. 64
Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

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GENERAL CONDITIONS

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS.... ..1

1.1 DEFINITIONS.

1.2 OWNERSHIP AND USE OF DOCUMENTS.. ...10

1.3 AUTHORITY OF CITY .... .....10

1.4 INTERPRETATION OF CONTRACT DOCUMENTS.. ....11
ARTICLE 2 - CITY ....13

2.1 INFORMATION AND SERVICES PROVIDED BY CITY ...13

2.2 ACCESS TO PROJECT SITE... ....13

2.3 CITY'S RIGHT TO STOP THE WORK.. ...13

2.4 CITY'S RIGHT TO CARRY OUT THE WORK. ...14
ARTICLE 3 - CONTRACTOR.. ...14

3.1 REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS ....14

3.2 SUPERVISION AND CONSTRUCTION PROCEDURES .... ...16

3.3 RESPONSIBILITY FOR THE WORK.. ...16
Attachment:_EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos)

3.4 LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS ...17

3.5 CONTRACTOR'S WARRANTY ...17
CONSTRUCTION METHODS AND PROCEDURES ..18
TAXES.. ...18

3.8 LEGAL REQUIREMENTS... ...18

3.9 SUPERINTENDENT/PROJECT STAFF.. ...18

3.10 SCHEDULES REQUIRED OF CONTRACTOR.. ....19

3.11 DOCUMENTS AND SAMPLES AT PROJECT SITE... ...21

3.12 INTENTIONALLY LEFT BLANK SUBMITTALS ....22

3.13 TRADE NAMES, SUBSTITUTIONS... ...24

3.14 DAILY REPORTS BY CONTRACTOR ...25

3.15 CUTTING AND PATCHING ... ...25

3.16 ACCESS TO THE WORK.... ...26

3.17 ROYALTIES AND PATENTS... ...26

3.18 PERMITS AND LICENSES ...... .....26

3.19 DIFFERING SITE CONDITIONS... ....26

3.20 INSPECTIONS ..... ....27
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3.21 INDEMNIFICATION, STOP NOTICES.. ...28

3.22 PARKING.. ...29

3.23 USE OF THE PROJECT SITE AND CLEAN UP ....29

3.24 ENVIRONMENTAL CONTROLS ...30
ARTICLE 4 - ADMINISTRATION OF THE CONTRACT... ...35

4.1 CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND CONSTRUCTION MANAGER ....35

4.2 CLAIMS .....36
ARTICLE 5 - SUBCONTRACTORS. ...39

5.1 CONTRACTOR'S AWARD OF SUBCONTRACTS ...39

5.2 SUBCONTRACTUAL RELATIONS ........... ....41

5.3 CONTINGENT ASSIGNMENT OF SUBCONTRACTS.. ...42
ARTICLE 6 - CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS. .. 42

6.1 CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACT.... ...43

6.2 MUTUAL RESPONSIBILITY.. ...43

6.3 CITY'S RIGHT TO CLEAN UP... ...44
ARTICLE 7 - CHANGES.. .. 44

7.1 CHANGES ....44 Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos)

7.2 CHANGE ORDERS AND CHANGE ORDER REQUESTS ...45

7.3 FIELD ORDERS ...51

7.4 DISPUTES REGARDING CHANGES ..51
ARTICLE 8 - CONTRACT TIME... ..51

8.1 COMMENCEMENT OF THE WORK ...51

8.2 PROGRESS AND COMPLETION.. .51

8.3 DELAY .. .52
ARTICLE 9 - PAYMENTS AND COMPLETION... ... 54

9.1 SCHEDULE OF VALUES ...54

9.2 PROGRESS PAYMENT... ....54

9.3 APPLICATION FOR PAYMENT... ...55

9.4 CERTIFICATE FOR PAYMENT ...57

9.5 DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF RETENTION INTO ESCROW. ...58

9.6 BENEFICIAL OCCUPANCY ...59

9.7 SUBSTANTIAL COMPLETION ...60

9.8 FINAL COMPLETION AND FINAL PAYMENT ...60
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ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY.. ...61

10.1 SAFETY PRECAUTIONS AND PROGRAMS.. ...61

10.2 SAFETY OF PERSONS AND PROPERTY... ....62

10.3 EMERGENCIES ...64
ARTICLE 11 - INSURANCE AND BONDS... ... 64

11.1 CONTRACTOR'S INSURANCE ....64

11.2 BOND REQUIREMENTS. ...64
ARTICLE 12 - DEFECTIVE WORK. ... 65

12.1 UNCOVERING OF WORK ... 65
CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD ...65

12.3 ACCEPTANCE OF DEFECTIVE WORK ...67
ARTICLE 13 - STATUTORY REQUIREMENTS.... ... 68

13.1 NONDISCRIMINATION/EQUAL OPPORTUNITY.. ...68

13.2 STATE LABOR LAW ... ...70

13.3 PAYROLL RECORDS...... ....71

13.4 APPRENTICES...... ...72

13.5 WORK DAY........ ....72
Attachment:_EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Public Works | General Conditions Construction | April 2022 iii |P a ge Packet Pg. 67
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ARTICLE 1 - GENERAL PROVISIONS

1.1_ _DEFINITIONS
Terms appearing in the Contract Documents with initial capitalization shall have the meanings set forth below:

1.1.1 ACCEPTANCE: The point after Final Completion when Contractor has fully performed all of the requirements of the Contract Documents and the Work is accepted by City in writing.

1.1.2 ADDENDA, ADDENDUM: Written or graphic information (including, without (7565: 2800 Airport Ave Project Mod Olympos) limitation, Drawings or Special Provisions and Technical Specifications) prepared and issued by Division Manager or its designee prior to the receipt of Contractor's Bid, which modify or interpret the Bid Documents by additions, deletions, clarifications or corrections.

1.1.3 ALLOWABLE COSTS: Costs for which reimbursement is allowed under Article

7.2.5 of these General Conditions and for which reimbursement is allowed under other provisions of the Contract Documents, that may be added by Change Order to the Contract Sum for Extra Work or deducted by Change Order from the Contract Sum for Deleted Work.

1.1.4 ALTERNATE(S): Those portions of the Bid setting forth the price(s) for optional or alternative items of Work not covered by the Base Bid.

1.1.5 APPLICABLE CODE REQUIREMENTS: All applicable federal, state and municipal laws, statutes, building codes, ordinances and regulations of governmental authorities having jurisdiction over the Project, Work, Site, Contractor or City.

1.1.6 APPLICATION FOR PAYMENT: An itemized application for payment prepared and submitted by Contractor for review and approval by City, which is prepared, submitted and accompanied by supporting documentation in accordance with the requirements of the Contract Documents.

1.1.7 APPROVE, APPROVED or APPROVAL: Whether capitalized or not capitalized, shall mean, unless otherwise stated, either an express approval contained in a written statement signed by the approving individual or entity or deemed approved in accordance with the terms, conditions and procedures set forth in the Contract Documents. All such approvals by or on behalf of City (including, without limitation, approvals by Construction Manager) may be granted or withheld in the sole discretion of City.

1.1.8 AS-BUILT DOCUMENTS: The Contract Documents showing the condition of the Work as actually built, including, without limitation, the locations of mechanical, electrical, plumbing, HVAC or similar portions of the Work that are shown diagrammatically in the Attachment:

Contract Documents approved by City. These documents are maintained by Contractor on the Site and delivered, along with an electronic version of the set, to City upon Final Completion.

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1.1.9 BASE BID: The sum stated in the Bid to perform the Work, exclusive of any Alternate(s).

1.1.10 BENEFICIAL OCCUPANCY: City's right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work prior to either Substantial Completion, Final Completion, or Acceptance.

1.1.11 BID: Contractor's written bid proposal submitted to City for the Project in response to City's Notice Inviting Bids.

1.1.12 BID DOCUMENTS: The following collection of documents are designated as the Bid Documents:
(i) Notice Inviting Bids.
(ii) Instructions to Bidders.
(ili) Blank Bid Form.
ign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) (iv) Construction Contract between City and Contractor. (v) General Conditions.
(vi) Special Provisions and Technical Specifications.
(vii) Plans and Drawings.
(vill) Bidding Addenda.
(ix) Reports, Supplements, Attachments, Modifications, and Exhibits attached to the above items.

1.1.13 CERTIFICATE FOR PAYMENT: The form for approval by the Construction Manager of Contractor's Application for Payment.

1.1.14 CHANGE: Whether capitalized or not, when used in reference to changes in the Work is a generic term encompassing additions, deletion, alterations or changes in the Work, which may or may not involve Extra Work and for which Contractor may or may not be entitled to a Change Order under the terms of the Contract Documents.

1.1.15 CHANGE ORDER: A written instrument signed by City, or by City and Contractor, describing a Change to the Work of Contractor.

1.1.16 CHANGE ORDER REQUEST: Contractor's written request for an adjustment in Attachment:
the Contract Sum or Contract Time due to a Change resulting in Extra Work or Deleted Work.

1.1.17 CITY: City of Santa Monica, a municipal corporation.

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1.1.18 CLAIM: A written demand or assertion by City or Contractor seeking, as a matter of right, an interpretation of the Contract Documents, adjustment of the Contract Sum or Contract Time, payment of money, recovery of damages, resolution of a disputed interpretation of the Contract Documents, or other relief. A Claim does not include, and the procedures for processing of Claims do not apply to the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency.
(ii) Tort claims for personal injury or death.
(7565: 2800 Airport Ave Project Mod Olympos)
(iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by City after final payment by City to Contractor.
(V) Stop notices.
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents.

1.1.19 CLIENT DEPARTMENT: Departmentor Division of City of Santa Monica identified as the end user of the facilities.

1.1.20 COMPENSABLE DELAY: A Delay forwhich Contractor may be entitled under the Contract Documents to both an extension of the Contract Time and an adjustment of the Contract Sum for additional compensation. "Compensable Delay" means any Delay to the path of activities that is critical to Contractor's Substantial Completion of the Work within the Contract Time, which Delay is all of the following:
(i) Solely due to Changes requested by City that adds time, but can't be worked around or re-sequenced but does not involve Extra Work. (ii) Not due, in whole or in part, to the fault or negligence or breach of Contractor or any Subcontractor or Sub-subcontractor, of any Tier.
(iii) Not concurrent with another Excusable Delay or any Unexcused Delay.

1.1.21 CONSTRUCTION CONTRACT: The written contract executed between City and Contractor for construction of the Project.

1.1.22 CONSTRUCTION MANAGER: The individual, partnership, corporation, joint venture or other legal entity undercontract with City to perform construction management Attachment:
services for the Project. The term "Construction Manager" means Construction Manager or Construction Manager's authorized representative, or, alternatively, City's authorized representative if City does not contract for construction management services for the Project.

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1.1.23 CONSTRUCTION SCHEDULE: The graphical representation of Contractor's as- planned schedule for pertormance of the Work, prepared in accordance with the requirements of the Contract Documents and that provides for Substantial Completion of the Work within the Contract Time.

1.1.24 CONTRACT DISPUTE: A dispute, other than a dispute listed in Section 14.2.1 (Non-Contract Disputes) of the Construction Contract, arising out of or related to the Project Mod Olympos) Construction Contract or the interpretation, enforcement or breach thereof.

1.1.25 CONTRACT DISPUTE RESOLUTION PROCESS: The process of resolution of Contract Disputes, and, upon election of City, disputes as set forth in Section 14 (Dispute Resolution) of the Construction Contract.

1.1.26 CONTRACT DOCUMENTS: The following collection of documents are designated as contract documents:
(7565: 2800 Airport Ave
(i) The Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-Qualification Checklist (if applicable).
(ii) Executed Construction Contract between City and Contractor. (iii) Notice Inviting Bids.
(iv) Instructions to Bidders.
(v) Bidding Addenda.
(vi) Contractor's Bid.
(vii) General Conditions.
(viii) Special Provisions and Technical Specifications. Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (ix) Performance and Payment Bonds.
(X) Insurance Forms.
(xi) Plans and Drawings.
(xii) Reports listed in the Bidding Documents.
(xili) Supplements, Attachments and Exhibits attached to the above items. (xiv) Notice to Proceed
(xv) Modifications.

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(xVi) Change Orders.
(xvii) Field Orders.

1.1.27 CONTRACT SUM: The total amount of compensation stated in the Construction Contract that is payable to Contractor for the performance of the Work in accordance with the Contract Documents.

Project Mod Olympos)

1.1.28 CONTRACT TIME: The total numberof days set forth in the Construction Contract within which Substantial Completion of the Work must be achieved by Contractor, including approved extensions of time permitted under the terms of the Contract Documents.

1.1.29 CONTRACTOR: The individual or firm under contract with City to serve as the General Contractor for construction of the Project. The term "Contractor" means Contractor or Contractor's authorized representative.

1.1.30 CONTRACTOR MARKUP: The additional sum or deductive credit provided for underthe Construction Contractfor Contractor's profit and overhead on Extra or Deleted Work for which a Change Order is required to be executed underthe Contract Documents adjusting the Contract Sum.

1.1.31 DAY: Whether capitalized or not, unless otherwise specifically provided, means calendarday. NOTE: For Federally-funded projects DAY, whether capitalized or not, is considered WORKING DAY and is defined as any day, except weekends and legal holidays. EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave

1.1.32 DEFECTIVE WORK: Work by Contractor that is unsatisfactory, faulty, omitted, incomplete, deficient or does not conform to the Applicable Code Requirements, the Contract Documents, the directives of City or the requirements of any inspection, reference standard, test, code or approval specified in the Contract Documents.

1.1.33 DELAY: Whether capitalized or not, includes any circumstances involving disruption, hindrance, or interference in the performance of the Work.

1.1.34 DELETED WORK: Work thatis eliminated due to a Change in the Work requested by City or Contractor for which City is entitled to a deductive adjustment in the Contract Sum.

1.1.35 DESIGN CONSULTANT. The individual(s) or firm(s) under con tract with City to provide design or engineering services for the Project and are responsible for preparing the Contract Documents for the Project. The term "Design Consultant" means Design Consultant or Design Consultant's authorized representative. Attachment:

1.1.36 DRAWINGS: The graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, generally including plans, Public Works | General Conditions Construction | April 2022 5| Page Packet Pg. 72
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elevations, subparagraphs, details, schedules and diagrams. The Drawings are outlined in the Drawing Index. The term "Drawings" may be used interchangeably with "Plans."

1.1.37 ESCROW AGENT: A state or federally chartered bank in the State of Califomia which holds securities pursuantto an escrow agreement as set forth in Article 9.5 of these General Conditions.

1.1.38 EXCUSABLE DELAY: A Delay for which Contractor may be entitled under the Contract Documents to an extension of time, but not compensation. "Excusable Delay" means any delay to the path of activities that is critical to Substantial Completion of the Work within the Contract Time caused by conditions beyond the control or foreseeability, and without the fault or negligence of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, such as, but not limited to: war, embargoes, fire, unavoidable inclement weather conditions that are unusual and unseasonable and in which the work casualties, unusual delays in transportation, national emergency, and cannot continue. Without limitation to the foregoing, the financial inability of Contractor or any Subcontractor or Sub-subcontractor, shall not be deemed conditions beyond Contractor's control or foreseeability. Contractor may claim an Excusable Delay only if all Work on a critically scheduled activity is stopped for more than six (6) hours of a normal eight (8) hour working day, or if three to six hours are lost in one working day, then it may be claimed for one-half day. A Compensable Delay shall, to the extent that it is concurrent with an Excusable Delay, be conclusively deemed an Excusable Delay. EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos)

1.1.39 EXISTING IMPROVEMENTS: All improvements located on the Site as of the date of execution of the Construction Contract, whether above or below the surface of the ground, including butnotlimited to existing buildings, utilities, infrastructure improvements and other facilities.

1.1.40 EXTRA WORK: Additional Work or costs due to a Change in the Work that is not described in or reasonably inferable from the Contract Documents and for which Contractor is entitled to an adjustment of the Contract Sum under the terms of the Contract Documents. Extra Work shall not include additional Work or costs arising from Contractor's failure to perform any of its duties or obligations under the Contract Documents or arising from errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents with respect to which Contractor has assumed responsibility in connection with its obligation to conduct a careful review of the Bid Documents and Contract Documents.

1.1.41 FIELD ORDER: A written instrument signed by the Construction Manager that requests performance of Work in one of the following categories:
(i) Over which there is a dispute as to whether the Work is or is not Extra Work.

Involving Extra Work which City requests be performed with outa unilateral Change Attachment:

Order adjustment to the Contract Sum or Contract Time and before all terms of an adjustment to the Contract Sum or Contract Time are fully agreed upon by City and Contractor.

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The purpose of a Field Order is to direct performance of Work, which may be disputed, and, whether or not it expressly so states, shall not be construed as an acknowledgment by City that the Work described constitutes a Change or Extra Work if that is in fact not the case.

1.1.42 FINAL COMPLETION: The point at which:
(i) Work is completed to the satisfaction of City in accordance with the Contract Project Mod Olympos) Documents, including minor corrective or completion items. (ii) All requirements of the Contract Documents entitling Contractor to final payment shall have been performed by Contractor (including, without limitation, delivery of all warranties and guarantees, equipment operation and maintenance manuals, as-built drawings and schedules and certificates required prior to occupancy). (iii) All approvals and acceptances shall have been made pursuantto Applicable Code Requirements.
(iv) All rubbish, tools, scaffolding and surplus materials and equipment have been removed from the Site.

1.1.43 FRAGNET: A "Fragnet", sometimes referred to as "time impact analysis," is a contemporaneous, fragmentary scheduling network, which graphically identifies the sequencing of all critical and non-critical new activities and/or activity revisions affected by a Change Order Request, Field Order or Change Order, with logic ties to all affected existing activities noted on the Construction Schedule. Its objective is to isolate and quantify any time impact of a specificissue, determine and demon strate any such specific Delay in relation to past and/or other current Delays and to provide a method for incorporating adjustments to the Contract Time into the Construction Schedule.

1.1.44 GENERAL CONDITIONS: That portion of the Contract Documents relating to the administrative procedures to be followed by Contractor in carrying out the Work.

1.1.45 HAZARDOUS SUBSTANCES: Refers to, without limitation, the following: any chemical, material or other substance defined as or included within the definition of hazardous substances, hazardous wastes, extremely hazardous substances, toxic substances, toxic material, restricted hazardous waste, special waste, or words of similar import under any Environmental Law.

1.1.46 LOSSES: Any and all losses, costs, liabilities, Claims, damages, liquidated damages, actions, judgments, settlements, expenses, fines and penalties. "Losses" do not include attorneys' fees.

1.1.47 MODIFICATION: A document other than a Change Order, approved by City Attachment:

Attorney and signed by City and Contractor, agreeing to alter, amend or modify the Contract Documents.

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1.1.48 NON-COMPENSABLE DELAY: An (I) Unexcused Delay, and (ii) an Excusable Delay that is not also a Compensable Delay.

1.1.49 NOTICE OF AWARD: Written notice issued by City notifying Contractor of issuance of the Construction Contract.

1.1.50 NOTICE TO PROCEED: Written notice issued by City to Contractor to begin the Work.

1.1.51 PERFORMANCE BOND, PAYMENT BOND: The performance and payment bonds to be provided by Contractor for the Project.
(7565: 2800 Airport Ave Project Mod Olympos)

1.1.52 PLANS: The graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations subparagraphs, details, schedules and diagrams. The term "Plans" may be usec interchangeably with "Drawings."

1.1.53 PRE-CONSTRUCTION MEETING: A meeting held with the Project Team prior to beginning construction in order to review Contract Documents and clarify roles, responsibilities and authority of the Project Team.

1.1.54 PROJECT: The total construction, of which the Work performed by Contractor under the Contract Documents may be the whole or part and which may include Work performed by City's own forces or by Separate Contractors.

1.1.55 PROJECT TEAM: Collectively, the Contractor, City, Design Consultant, Separate Contractors, Construction Manager and other consultants and contractors providing professional and technical consultation for the design and construction of the Project.

1.1.56 RECORD DOCUMENTS: The term "Record Documents" refers to the As-Built Documents, warranties, guarantees and other documents required to be submitted by Contractor as a condition of Final Completion.

1.1.57 REQUEST FOR INFORMATION: A written instrument, prepared by Contractor, which requests an interpretation or clarification in the Work or a response to a question concerning the Work. A Request for Information does not entitle Contractor to an adjustment in the Contract Sum unless it requires Extra Work and Contractor requests and is entitled to such an adjustment in accordance with the provisions of the Contract Documents.

1.1.58 REQUEST FOR INFORMATION RESPONSE: A written instrument, usually prepared by the Design Consultant, which sets forth an interpretation or clarification in the Work or a response to a Contractor question concerning the Work.

Attachment:

1.1.59 SCHEDULE OF VALUES: A detailed, itemized breakdown of the Contract Sum, which provides for a fair and reasonable allocation of the dollar values to each of the various parts of the Work.

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1.1.60 SEPARATE CONTRACTOR: A person or firm under separate contract with City or other entity performing other Work at the Site.

1.1.61 SITE: The physical site located within City where the Project is to be constructed, including all adjacent areas for staging, storage, parking and temporary offices.

1.1.62 SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS: The portion of the Contract Documents consisting of the written requirements for materials, equipment, standards, skill, quality for the Work and performance of related services. These provisions may also contain amendments, deletions or additions to the General Conditions.
(7565: 2800 Airport Ave Project Mod Olympos)

1.1.63 STATEMENT OF CONTRACT DISPUTE: The Contractor's written statement prepared in accordance with Section 14.3 (Submission of Contract Dispute) of the Construction Contract required as a condition of its initiating the Contract Dispute Resolution Process.

1.1.64 SUBCONTRACTOR: A person or firm that has a contract with a Contractor to perform a portion of the Work. The term "Subcontractor" includes suppliers and vendors performing Work on site, and is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.

1.1.65 SUB-SUBCONTRACTOR: A person or firm that has a contract with a Subcontractor to perform a portion of the Work. The term "Sub-subcontractor" includes suppliers and vendors, performing Work onsite, and is referred to throughoutthe Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.

1.1.66 SUBCONTRACTOR/SUB-SUBCONTRACTOR MARKUPS: The sum allowable under the Construction Contract for Subcontractor and Sub-subcontractor profit and overhead on Extra or Deleted Work for which Contractor is entitled to a Change Order under the Contract Documents adjusting the Contract Sum.

1.1.67 SUBMITTALS: All shop drawings, samples, exemplars, product data and other submittals required to be submitted by Contractor under the Contract Documents.

1.1.68 SUBSTANTIAL COMPLETION, SUBSTANTIALLY COMPLETE: The point at which the Work is sufficiently complete to be occupied and utilized by City for its intended purpose, and Contractor has fulfilled its obligations under the Contract Documents as determined by City, except for minor punchlist items which do not impair City's ability to so occupy and utilize the Project.

1.1.69 SUPERINTENDENT: The person appointed by Contractor, subject to approval by Attachment:

City, to supervise and coordinate Contractor's own forces and Subcontractors in all aspects of the Work.

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1.1.70 TIER: The contractual level of a Subcontractor with respect to Contractor. For example, a first-tier Subcontractor is under subcontract with Contractor. A Sub- subcontractor under subcontract with a first-tier Subcontractor, is in the second tier, and so on.

1.1.71 UNEXCUSED DELAY: Any Delay in the path of activities that is critical to Substantial Completion of the Work within the Contract Time resulting from causes other than Excusable Delay or Compensable Delay. An Unexcused Delay shall not entitle Contractor to either an extension of the Contract Time or an adjustment of the Contract Sum. A Compensable Delay or Excusable Delay shall, to the extent it is concurrent with an Unexcused Delay, be conclusively deemed an Unexcused Delay.

1.1.72 WORK: All labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations and complete the Project, including, without limitation, any changes or additions requested by City, in accordance with the Contract Documents and all Applicable Code Requirements.

1.2__OWNERSHIP AND USE OF DOCUMENTS

1.2.1 All originals, copies and electronic forms of Drawings, Plans, specifications, shop drawings, samples, reports, schedules and othermaterials or documents prepared forthe Project (including, without limitation, the Contract Documents) shall not be used by EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contractor, or any Subcontractoror Sub-subcontractor, of any Tier, for any purpose other than performance of the Work. Contractor, Subcontractors and Sub-subcontractors are granted a limited license, revocable at will by City, to use and reproduce applicable portions of the Contract Documents appropriate to and for use in the execution of their Work under the Contract Documents; provided however, that such use shall not be construed in derogation of Owner's rights to use and ownership under this provision.

1.2.2 Contractor shall keep on the Site of the Project, at all times, a complete set of City approved, permitted Contract Documents for use by City.

1.2.3 Proposed Changes or refinements and clarifications will be provided to Contractor in the form of PDF electronic files. Contractor shall, at its own expense and without adjustment to the Contract Sum, do all reproduction and distribution of such files as necessary for the complete pricing of the Change and for performance of the Work.

1.2.4 Contractor shall take all necessary steps to assure that a provision is included in all contracts with Subcontractors and Sub-subcontractors, of every Tier, who perform Work on the Project, protecting and preserving City's rights to ownership and use of documents as set forth in this Article 1.2.

1.3_ _AUTHORITY OF CITY
Attachment:

1.3.1 The Design Consultant shall, upon request, make recommendations to City and the Construction Manager concerning the quality or acceptability of Work performed.

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1.3.2 City, in its sole discretion, will interpret the Contract Documents and make the determination of whether or not Contractor has fulfilled the requirements of the Contract Documents. Such interpretations and decisions of City shall be final and binding upon Contractor.

1.4_INTERPRETATION OF CONTRACT DOCUMENTS

1.4.1 The Contract Documents are complementary and what is required by one shall be Project Mod Olympos) as binding as if required by all.

1.4.2 In general, the Drawings will show dimensions, positions, and kind of construction; nd the Special Provisions and Technical Specifications will define materials, quality an‹ standards. Any Work called for on the Drawings and not mentioned in the Specia Provisions and Technical Specifications, or vice versa, shall be performed as though fully set forth in both. Work not particularly detailed, marked or specified, shall be the same as Similar parts that are detailed, marked or specified.

1.4.3 Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood construction industry meanings and non-technical words and abbreviations are used in accordance with their commonly understood meanings.

1.4.4 The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an." If a modifier or an article is not included in one statement and appears in another it is not intended to affect the interpretation of either statement.

The use of the word "including," when following any general statement, shall not be EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters whetheror not non-limiting language (such as "withoutlimitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.

1.4.5 Wheneverthe context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include the other gender, and each shall include corporation, partnership, trust, or other legal entity wheneverthe context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only as a matter of reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.

1.4.6 Any cross-references indicated between various subparagraphs or Drawings and Documents are provided for the convenience of Contractor and shall not be deemed to be all-inclusive.

Attachment:

1.4.7 Unless specifically noted to the contrary, it is the intention of the Contract Documents that all Work, equipment, casework, mechanical, electrical and similar devices of whatever nature, be completely installed, hooked-up, made operational and Public Works | General Conditions Construction | April 2022 11|P | Pa ge Packet Pg. 78
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made functional forthe purpose such are intended, and that all costs therefor be included in the Contract Sum.

1.4.8 Figured dimensions on scale Drawings and on full size Drawings shall govern over scale Drawings without figured dimensions. The Drawings shall not be scaled to determine dimensions, and (except in the case of diagrammatic Drawings) shall be calculated from figures shown on the Drawings. Obvious discrepancies between scale and figured dimensions, not marked "not to scale," must be brought to the Construction Manager's attention before proceeding with the Work affected by the discrepancy.

1.4.9 If there is a conflict between or among any of the Contract Documents, Contractor shall immediately bring such conflict to the attention of City, whose decisions regarding such conflict shall be final and binding as to the requirements of the Contract Documents.

In the event of any conflicts between or among the Applicable Code Requirements, the more stringent shall govern. In resolving any conflict in the Contract Documents, the highest standard of quality and skill, the most stringent requirements, and the most specific provision of the Contract Documents shall govern and shall be required in the performance of the Work.

1.4.10 The general character of the Work is shown in the Contract Documents, but Changes, modifications, clarifications and refinements may be made in details when needed to more fully explain the Work. Provided that they is a logical evolution of the Bid Documents that were bid by Contractor or were reasonably inferable as necessary to provide a completed and fully operational system, facility or structure, the same shall be considered part of the scope of the Work to be performed without adjustment in the Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Contract Sum or the Contract Time.

1.4.11 Where on any Drawing a portion of the Work is drawn out and the remainder is indicated in outline, the drawn-out parts shall apply also to all other like portions of the Work. Where ornament or other detail is indicated on starting only, such detail shall be continued throughoutthe course of parts in which itoccurs and shall also apply to all other similar parts in the Work unless otherwise indicated.

1.4.12 For convenience, the Special Provisions and Technical Specifications are arranged in various trade subparagraphs, but such segregation shall not be considered as limiting the Work of any subcontract or trade. Contractor shall be solely responsible for all subcontract arrangements of Work regardless of the location or provision in the Special Provisions and Technical Specifications.

1.4.13 Contractor will provide all necessary labor, equipment, transportation and incidentals required to complete the Work, even if the Contract Documents do not describe the Work in complete detail.

1.4.14 Drawings and diagrams for mechanical, plumbing and electrical Work shall be considered as diagrammatic only, not to be used for any structural guidance or physical layout, unless specifically detailed or dimensioned, and Contractor shall be responsible to provide any and all numbers and lengths of mechanical, plumbing or electrical fittings, wire, conduit, connections, attachments or similar materials needed to complete the Public Works | General Conditions Construction | April 2022 12 | Page Packet Pg. 79
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Work, at no adjustmentto the Contract Sumor Contract Time, whetheror not they exceed the numbers of such pieces or the lengths indicated by the Drawings.

ARTICLE 2 - CITY

2.1_ _INFORMATION AND SERVICES PROVIDED BY CITY

2.1.1 City will furnish one electronic/digital (set) of the Contract Documents or portions thereof free of charge.

2.1.2 Except as otherwise provided in the Special Provisions and Technical pana germanted agron oviren, City
Specifications and Article 3.18 herein, City shall obtain and pay for any permits, easements and governmental approvals for the use or occupancy of permanent structures required in connection with the Work.

2.1.3 Requests for Information Responses, Approvals and decisions required of City, Design Consultant or Construction Manager under the Contract Documents shall be provided by City, Design Consultantor Construction Managerto Contractor upon request in a timely manner in order to avoid unreasonable Delay in the orderly and sequential progress of the Work. Notwith standing the foregoing, failure by City, Design Consultant, Construction Manager or City's other consultants to provide Request for Information Response, Approvals or decisions shall not be considered as a basis for Contractor to EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) seek adjustment in the Contract Time until seven (7) Days after Contractor has delivered written notice to City and to the person from whom such information, Approval or decision is needed, stating the following:

You are hereby notified that certain information, approval or decision described herein has notbeen provided in accordance with this provision and if not provided within seven (7) Days from this notice may result in additional cost or a request for time extension due to Delay;.
(i) A detailed description of the information, approval or decision required. (iii) The date by which the information, approval or decision must be received so as to notresult in Delay to the Project, which shall in no event be earlier than seven (7) Days after the date of City's receipt of such notice.

2.2__ ACCESS TO PROJECT SITE

2.2.1 City will make available, no later than the date designated in the current Construction Schedule accepted by City, the lands and facilities upon which the Work is to be performed, including such access and other lands and facilities designated in the Contract Documents, for use by Contractor.

Attachment:
_CITY'S RIGHT TO STOP THE WORK

2.3.1 If Contractor fails to correct Defective Work as required by Article 12.2, fails to perform the Work in accordance with the Contract Documents, or violates any Applicable Public Works | General Conditions Construction | April 2022 13 | Page Packet Pg. 80
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Code Requirement, City may direct Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated by Contractor. Contractor shall not be entitled to any adjustment of Contract Time or Contract Sum as a result of any such order.

City shall have no duty or responsibility to Contractor or any other party to exercise the right to stop the Work.

2.4MCITY'S RIGHT TO CARRY OUT THE WORK
Project Mod Olympos)

2.4.1 If Contractor fails to carry out the Work in accordance with the Contract Documents, fails to provide sufficient labor, materials, equipment, tools and services to maintain the Construction Schedule, or otherwise fails to comply with any requirement of the Contract Documents, and fails within the time specified in the Contract Documents, after receipt of notice from City to promptly commence and thereafter diligently continue to completion the correction of such failure, City may, without prejudice to other remedies City may have, correct such failure at Contractor's expense. In such case, City shall be entitled to deduct trom payments then or thereatter due contractor the cost of correcting such failure, including compensation for the additional services and expenses of City and City's consultants made necessary thereby. If payments then or thereafter due Contractor are not sufficient to cover such amounts, Contractor shall pay the additional amount to City.

ARTICLE 3 - CONTRACTOR

3.1 _REVIEW OF THE SITE, CONTRACT DOCUMENTS AND FIELD CONDITIONS Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave

3.1.1 Contractor acknowledges that it is satisfied as to character, quality, and quantities of surface and subsurface materials or obstacles to be encountered in sofar as reasonably ascertainable from a careful inspection of the Site (including, without limitation, Existing Improvements on the Site) and from the geological investigation reports, data and similar information made available to Contractor by City. Any failure by Contractor to take such information or conditions into consideration will not relieve Contractor from responsibility for estimating the difficulty and cost of successfully completing the Work within the Contract Sum and Contract Time.

3.1.2 Contractor warrants and represents that it has carefully reviewed and compared the Bid and Bid Documents prior to submitting its Bid and executing the Contract. Based upon its careful review, Contractor agrees that it shall not be entitled, and conclusively waives any right, to an adjustment in the Contract Sumor Contract Time for any additional or unforeseen costs or Delay in the performance of Work due to conditions in Contract Documents constituting errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements, if such conditions were either discovered by Contractor or could have been reasonably discovered by Contractor or its Public Works | General Conditions Construction | April 2022 14 | Page Packet Pg. 81
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Subcontractors or Sub-subcontractors, of every Tier, in the exercise of care and diligence in the review of the Bid Documents.

3.1.3 If Contractor discovers what it perceives to be errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance with Applicable Code Requirements in the Contract Documents, then Contractor shall, before proceeding with the Work affected, notify City or the Construction Manager in writing within two (2) Days stating both of the following:
(i) A detailed description of the conditions discovered. (ii) Contractor's request for clarification, further details or correction of the Contract Documents.

Failure by Contractor to provide written notice within the period of time required shall result in Contractor waiving any right to adjustmentin the Contract Sum or Contract Time on account thereof.

3.1.4 Contractor shall submitwritten notice thereof to City if, in Contractor's opinion, City, Design Consultant or Construction Manager furnishes additional written or verbal instructions, information or directions that Contractor considers constitute additional Work or Delay for which Contractor believes it is entitled to an adjustment of the Contract Sum or Contract Time. Such notice shall be provided prior to performance of the Work affected by such instruction, information or direction and seven (7) Days after Contractor first received such instruction, information or direction. Failure to provide such written notice Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) in the mannerrequired by this provision shall constitute a waiver by Contractor of the right to any adjustment to the Contract Sum or Contract Time by reason of such instruction, information or direction.

3.1.5 Field measurements shall be taken and existing field conditions verified by Contractor, and carefully compared with the Contract Documents and other information known to Contractor before commencing the Work. Contractor shall promptly report in writing to the Construction Managerany errors, in consistencies, or omissions discovered.

3.1.6 If Contractor or any Subcontractor or Sub-subcontractor, of every Tier, performs any portion of the Work which it knows, or in the exercise of care and diligence should have known, involves an error, omission, conflict, ambiguity, lack of coordination or noncompliance with Applicable Code Requirements, with out notitying and obtaining the written Approval of City or before obtaining a written clarification, interpretation, instructon or decision from City, Design Consultant or Construction Manager, then any Work that is performed that is not in conformance with the clarifications, interpretation, instruction or decision of City, Design Consultant or Construction Manager shall be removed or replaced and Contractor shall be responsible for the resultant Losses with no adjustment in the Contract Sum or Contract Time.

3.1.7 City does not impliedly or expressly warrant, and assumes no responsibility for, the accuracy, suitability or completeness of the Bid Documents, Contract Documents or of the data, opinions orrecommendations contained or expressed in any information, data Public Works | General Conditions Construction | April 2022 15 | P a g e Packet Pg. 82
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or reports provided to Contractor relating to the following conditions at the Site: geological, soils, hydrologic, groundwater, Hazardous Substances, surface and subsurface obstructions, surface and subsurface utilities or Existing Improvements. Existing Improvements at the Site, for which no specific description is made on the Drawings, but which could be reasonably assumed to interfere with the satisfactory completion of the Work, shall be removed and disposed of by Contractor, but only upon the specific direction and control of City. Without limitation to the foregoing, and notwith standing any information provided by City pertaining to groundwater elevations and/or geological and soils conditions encountered, it is understood that it is Contractor's responsibility to determine and allow for the elevation of groundwater, and the geological and soils conditions at the date of performance of the Work and any difference between elevation of groundwater and the geotechnical and soils conditions shown in the information (7565: 2800 Airport Ave Project Mod Olympos) provided by City and groundwater and the geotechnical and soils conditions actually encountered will not be considered as a Differing Site Condition or as a basis for an adjustment to the Contract Sum or Contract Time.

3.2_ SUPERVISION AND CONSTRUCTION PROCEDURES

3.2.1 Contractor shall supervise, coordinate and direct the Work using Contractor's best skill and attention and shall provide supervision sufficient to assure proper coordination and timely completion. Contractor shall be solely responsible for and have control over construction means, methods, techniques, safety, sequences, procedures and the coordination of all portions of the Work.

3.2.2 Contractor shall be responsible for the accurate layout of all portions of the Work GC_Contract_-_2800_ and shall verify all dimensions on the Drawings and shall report to City any discrepancies before proceeding with related Work.

3.2.3 Contractor may be assigned working space adjacent to the Site, and all field offices, materials and equipment shall be kept within this area. Contractor shall be responsible for leaving the space in as good condition as Contractor found it, or restoring it to the condition it was in prior to Contractor commencing the Work.

3.2.4 Contractor shall be responsible to City for acts and omissions of Contractor's agents, employees, and of Contractor's Subcontractors and Sub-subcontractors, of every Tier, and their respective agents and employees. Unless otherwise stated in the Contract Documents, references to Contractor, when used in reference to an obligation bearing upon performance of the Work, shall be deemed to include Contractor's Subcontractors and Sub-subcontractors of every Tier.

3.2.5 Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents by the acts) or omission (s) by City in the administration of the Contract, or by tests, inspections or Approvals required or performed by persons or firms other than Contractor. Attachment:

3.3. _RESPONSIBILITY FOR THE WORK
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3.3.1 Contractor shall be in charge of and responsible for all portions of the Work of the Contract, and shall be responsible for conforming such portions to the requirements of the Contract Documents and readying such portions to receive subsequent Work.

3.3.2 Contractor shall at all times maintain good discipline and order among its employees and Subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work, and shall ensure that each Subcontractor and Sub- subcontractor engaged on the Site arranges the storage of materials and equipment and performance of its Work so as to interfere as little as possible with Separate Contractors or other persons engaged in work for City on the Site.

3.3.3 During the installation of Work, Contractor shall insure that existing facilities, (7565: 2800 Airport Ave Project Mod Olympos) fences, and other structures are all adequately protected. Upon Final Completion of all Work, all facilities that may have been damaged shall be restored to a condition acceptable to City.

3.3.4 Contractor is responsible for the security of the Site and all Work provided under the terms of this Contract, as well as all Work provided by Separate Contractors that occurs on the Site at any time prior to Final Completion and Acceptance of the Work by City.

3.4—_LABOR, WORKMANSHIP, MATERIALS AND MANUFACTURED ITEMS

3.4.1 Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whethertemporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents or otherwise Approved by the Construction Manager, all articles, equipment and materials incorporated in the Work shall be new, of good quality, undamaged and not defective.

3.5 _CONTRACTOR'S WARRANTY

3.5.1 Contractor warrants to City that all materials and equipment used in or incorporated into the Work will be of good quality, new and free of liens, Claims and security interests of third parties; that all labor, installation, materials and equipment used or incorporated into the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents and Applicable Code Requirements. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Manufactured items installed in the Work and not specifically covered in the Contract Documents are to be installed in strict accordance with manufacturers' current printed instructions.

3.5.2 All materials to be incorporated in the Work shall be protected from damage during delivery, storage, and handling, and after installation until Acceptance of the Work, and Contractor shall, withoutcharge to City, be responsible for all damage dueto Contractor's failure to provide such proper protection.

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3.6_CONSTRUCTION METHODS AND PROCEDURES

3.6.1 The methods and procedures adopted by Contractor shall be such as to secure a quality of Work satisfactory to City and to enable completion of the Work in the time agreed upon. If at any time such methods and procedures appear in adequate, City may order Contractor to improve their character or increase efficiency, and Contractor shall conform to such order; but the failure of City to order such improvement of methods or increase of efficiency will not relieve Contractor from its obligation to perform the Work in accordance with the Contract Documents or within the Contract Time.

3.6.2 If the Contract Documents give specific instructions concerning construction (7565 : 2800 Airport Ave Project Mod Olympos) means, methods, techniques, sequences or procedures, Contractor shall be fully and solely responsible for the Site satety tor implementing such means, methods, techniques, sequences or procedures. If Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, Contractor shall give written notice to City and shall not proceed with that portion of the Work without further written instruction by City.

3.7_TAXES

3.7.1 Contractor, Subcontractors and Sub-subcontractors are responsible for paying all sales, consumer, business license, use, income and payroll, and similar taxes for the Work or portions thereof provided by Contractor and Subcontractors.

3.7.2 All Contractors for Construction Contracts equal to or greater than $5 million dollars shall be required to obtain a subpermit with the California Board of Equalization for a direct allocation of any and all applicable use tax to the City of Santa Monica, where the jobsite is located. Contractor shall apply for and comply with all of the conditions of the subpermit pursuantto the California State Board of Equalization, Chapter 2, Section 260.020, "Compliance Policy and Procedures Manual: Registration, subchapter Contractors," as may be amended from time to time.

3.8 LEGAL REQUIREMENTS

3.8.1 Contractor shall perform the Work in accordance with all Applicable Code Requirements, even though such requirements are not specifically mentioned in the Contract Documents.

3.8.2 When the Work required by the Contract Documents is in conflict with any Applicable Code Requirement, Contractor shall notify City and shall not proceed with the Work until City has so ordered.

Attachment:

3.9 _SUPERINTENDENT/PROJECT STAFF

3.9.1 Contractor shall employ a complete and competent project staff for the duration of the Work, which shall include separate individuals designated to act as Superintendents), Public Works | General Conditions Construction | April 2022 18 | Page Packet Pg. 85
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project managers), project engineer(s) and administrative assistants), plus such other members as necessary to diligently prosecute the Work. Contractor shall not replace the designated Superintendent or project manager without a minimum seven (7) Day written notice and only with the written approval of City, which may be granted or withheld in its sole discretion. Any Project staff member and any replacement member shall be subject to the approval of City, which may be granted or withheld in its sole discretion. Upon notice from City requesting replacementof any Project staff member whois unsatisfactory to City, Contractor shall in a timely manner, but in no event longer than three (3) Days after notification, replace such member with a competent member satisfactory to City.

Failure by Contractor to comply with this provision shall entitle City, at its option exercised in its sole discretion, to terminate the Contract or suspend the Work until compliance is demonstrated. All costs or damages associated with such termination orsuspension shall (7565: 2800 Airport Ave Project Mod Olympos) be borne by Contractor, without adjustment in the Contract Sum or Contract Time.

3.9.2 The Superintendent shall be at the Site at all times during the performance of the Work. The Superintendent shall represent Contractor and communications given to and acknowledged by the Superintendent shall be binding on Contractor. Further, communications issued by or received from the Superintendent shall be deemed as binding on Contractor. The Superintendent must be able to read, write and communicate fluently in English. The Superintendent shall not perform the Work of any trade, pickup materials or perform any Work not directly related to the supervision and coordination of the Work.

3.10 _SCHEDULES REQUIRED OF CONTRACTOR

3.10.1 Contractor shall submit a preliminary Construction Schedule to City in a form approved by the Construction Manager at the Pre-Construction Meeting.

3.10.2 Updated Construction Schedules shall be submitted in the form and frequency approved by the Construction Manager.

3.10.3 The Construction Schedule and Construction Schedule updates shall meet the Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ following requirements:

Schedules must be suitable in format and clarity for monitoring progress of the Work and shall utilize the critical path method of scheduling. .2 Schedules must provide necessary data about the timing for City's decisions and City-furnished items.
.3 Schedules must be in sufficient detail to demonstrate adequate planning and staffing for the Work.
.4 Schedules must represent a practical plan to complete the Work within the Contract Time. If at any time during the Work, any activity is not completed by its latest scheduled completion date, Contractor shall notify the Construction Manager with in seven Public Works | General Conditions Construction | April 2022 19 | Page Packet Pg. 86
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(7) Days of Contractor's plans to reorganize the work force to return to the schedule and prevent Delays on any other activity.
.5 An updated Construction Schedule shall be submitted with each progress payment request, but no less frequently than monthly, and shall include all of the following:
(i) A written narrative report detailing the actual progress of the Work as of the date of submission;
(i) The expected progress of the Work as of such date according to the approved Construction Schedule;
(iii) The reasons for any variance between the approved Construction Schedule and the updated Construction Schedule; and
(iv) Contractor's plan for placing the Work back on Schedule, at Contractor's expense.

3.10.4 Contractor shall plan, develop, supervise, control and coordinate the performance of the Work so the progress, sequence and timing of the Work conform to the current accepted Construction Schedule. Contractor shall continuously obtain from Subcontractors information and data about the planning for and progress of the Work, the ordering and fabrication of materials, required Submittals, and the delivery of equipment, EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) shall coordinate and integrate such information and data in updated Construction Schedules and Record Documents, and shall monitor the progress of the Work and the delivery of equipment. Contractor shall act as the expediter of potential and actual delays, interruptions, hindrances or disruptions for its own forces and those forces of Subcontractors, regardless of Tier. Contractor shall cooperate with City in the development of the Construction Schedule and updated Construction Schedules.

3.10.5 City's review, comments, requests for revisions, or acceptance of any schedule or scheduling data shall not:

Relieve Contractor from its sole responsibility for the feasibility of the schedule and to plan for, perform, and complete the Work within the Contract Time; (ii) Transfer responsibility for any schedule from Contractor to City; nor (iii) Imply City's agreement with any assumption upon which such schedule is based or any matter underlying or contained in such schedule.

3.10.6 Failure of City to discover errors or omissions in schedules that it has reviewed, or to inform Contractor that Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Construction Schedule, shall not relieve Contractor from its sole responsibility to perform and complete the Work within the Attachment:

Contract Time and shall not be a cause for an adjustment of the Contract Time or the Contract Sum.

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3.10.7 Contractor shall cooperate with and coordinate its schedule with work of City and City's Separate Contractors.

3.11_DOCUMENTS AND SAMPLES AT PROJECT SITE

3.11.1 Contractor shall maintain one (1) set of As-BuiltDocuments at the Site, which shall be kept up to date on a daily basis at all times during the performance of the Work. All performed changes, deletions or additions in the Work from that shown in the Contract Documents shall be recorded accurately and completely in the Record Documents. Upon Final Completion and as a condition to final payment, each sheet of the As-Built Documents and other Record Documents shall be signed and attested to by a representative of Contractor as being complete and accurate. (7565: 2800 Airport Ave Project Mod Olympos)

3.11.2 Contractor shall, at all times during performance of the Work, also maintain the following at the Site:
(i) The latest updated Construction Schedule approved by City; (ii) Shop Drawings, product data, and samples; and
(iii) All other required Submittals.

At all times during the course of the Project, these documents shall be available to City, the Construction Managerand the Design Consultant to audit, excerpt, or copy as they see fit. Upon Final Completion or termination of the Construction Contract, these shall be delivered to City.

3.11.3 It shall be the responsibility of Contractor to maintain a currentand complete record of all Changes performed during the progress of the Project construction. The record shall be in the form of a complete set of prints of the As-Built Documents on which daily recordings are made by Contractor, indicating in detail and dimension each variation from the original set of Contract Documents and including all of the construction Work. At the completion of construction, Contractor shall, as a requirement of the Final Completion of Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ the Work, certify that to the best of its knowledge, the As-Built Documents are true and accurate, and that the indications thereon represent all Changes performed during the construction of the Project. At the Final Completion of the Work, the As-Built and other Record Documents shall become the property of City.

3.11.4 Contractor, in concert with the Design Consultant and the Construction Manager, shall review Contractor's As-Built Documents for conformance with all current Changes prior to presenting its monthly Application For Payment. The monthly progress payment statement will not be accepted or processed by City unless the As-Built Documents are current and complete, and Approved by City.

3.11.5 At the Final Completion of the Work, all information an notated monthly on the As- Built Documents shall be fully incorporated by Contractor onto a set of mylar reproducibles furnished by Contractor. These As-Built Documents will become the permanentproperty of City at the Final Completion of the Work. If the As-BuiltDocuments Public Works | General Conditions Construction | April 2022 21 | Page Packet Pg. 88
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are prepared on a computer, then the revised computer files shall also be provided to City in the file format specified by City.

3.12__INTENTIONALLY LEFT BLANK SUBMITTALS
Project Mod Olympos)

3.12.1 Submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Work for which Submittals are required, how Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Prior to starting Work, Contractor shall provide to City an initial schedule for all materials and equipment for which shop drawings are required by the Contract Documents. For each required shop drawing, Contractor shall provide to City the date for the drawing's intended Submittal to the Design Consultant for review. The date required for its return to avoid Delay in any activity beyond the scheduled start date shall also be given.

3.12.2 All shop drawings and other Submittals shall be provided at Contractor's expense, when required by the Contract Documents or requested by the Construction Manager.

3.12.3 Contractor shall review, stamp approved, and submitto the Construction Manager, all Submittals required by the Contract Documents to be submitted and reviewed by the Design Consultant. Submittals to the Construction Manager without evidence thereon of Contractor's approval shall be returned, without further consideration, for resubmission in accordance with these requirements. Submittals shall be provided within the time frame specified in the Special Provisions and Technical Specifications in accordance with the Construction Schedule, and in such sequence as to cause no Delay in the Work or in the activities of City or of Separate Contractors. Submittals made by Contractor which are not Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave required by the Contract Documents, may be returned with out action by the Construction Manager or Design Consultant. Submittal to the Construction Manager and Design Consultant must include a statement, in writing, identifying any deviations from the Contract Documents required due to manufacturing or installation limitations contained in the Submittal.

3.12.4 All Submittals shall be submitted in electronic format unless physical samples are requested by the Construction Manager, accompanied by letters of transmittal, and addressed to the Construction Manager for review. Unless otherwise specified in the Contract Documents, Submittals consisting of Drawings or Plans shall be in PDF (electronic) format. The Submittal must be in accordance with the Contract Documents If the Submittal involves a request for substitution of materials, the request shall be clearly identified on the Submittal that it is a "Requestfor Substitution." Unless so clearly marked, Submittals shall not be considered as a request for substitution. If changes or corrections are required, three marked-up prints shall be returned to Contractor. Submittals shall consist of the appropriate combination of catalog sheets, material lists, manufacturer's brochures, technical bulletins, specifications, diagrams, or product samples, necessary to describe a system, product, or item. The letter of transmittal shall give a list of the numbers of the sheets submitted. All sheets shall be marked with the name of the Project Public Works | General Conditions Construction | April 2022 22 | Page Packet Pg. 89
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and the name of Contractor, shall be numbered consecutively, and shall be referenced to the sheets or paragraphs of the Contract Documents, referenced by sheet or subparagraph affected. Submittals shall be combined for singular assemblies, items or materials.

3.12.5 No Work requiring a Submittal shall be performed by Contractor until the Submittal has been reviewed by City, Construction Manageror Design Consultantand the Design Consultanth as documented the exceptions noted on the Submittal. Contractor shall allow twenty (20) Days for review of Submittals. Once the Submittal is returned to Contractor by the Construction Manager with a statement that it has been reviewed and no exceptions are taken or further action requested, such Work shall be performed in accordance with the Submittal and the Contract Documents.

3.12.6 Contractor's Submittals represent that Contractor has determined or verified materials and field measurements and conditions related thereto and that it has checked and coordinated the information contained within such Submittals with the requirements of the Contract Documents and Submittals for related Work.

3.12.7 If Contractor discovers any conflicts, omissions or errors in Submittals, Contractor shall notify the Construction Manager and receive instruction before proceeding with the affected Work.

3.12.8 Contractor shall remain solely responsible, notwith standing City, Construction Manager or Design Consultant's review or approval of Submittals, for deviations (including, without limitation, those arising from standard shop practice) from Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) requirements of the Contract Documents, unless Contractor has specifically informed City, Construction Manageror Design Consultant in writing of such deviation at the time of transmitting the Submittal and City, Construction Manager or Design Consultanthas given written approval of such deviation. No adjustment in the Contract Sum or Contract Time shall be permitted with respect to any such deviations that are noted in writing by Contractor and as to which City, Construction Manageror Design Consultant takes no exception or approves.

3.12.9 After review of Contractor's Submittals by City, Construction Manager or Design Consultant, the Construction Manager will transmit to Contractor the required number of sets. If the Submittals are found to be incomplete or incorrect, Contractor shall resubmit after corrective action has been taken. Contractor shall reimburse City, or City may withhold from payments due Contractor, sums owing by City for any fees charged by City, Construction Manager or Design Consultant or City's other consultants for more than two (2) reviews of a Submittal, or for accelerated review in a shorter time than set forth in the approved Construction Schedule, if requested by Contractor or caused by late Submittals by Contractor. The return of a Submittal due to failure to comply with the Contract Documents or for correction or additional information shall be considered a review.

3.12.10 Review of Submittals by City, Construction Manager or Design Consultant will be general and for conformance with design intent, and shall not relieve Contractor from the responsibility for proper fitting and construction of the Work, nor from furnished materials Public Works | General Conditions Construction | April 2022 23 | Page Packet Pg. 90
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and Work required by the Contract which may not be indicated on the reviewed Submittals.

3.12.11 Submittals shall be in English, be of good quality, and be of a size and scale to clearly show all necessary details. Submittals shall show in detail the size, sections and dimensions of all members; the arrangement and construction of all connections, joints and other pertinent details; and all holes, straps and other fittings required by other Separate Contractors for attaching their Work. When required by City, Construction Manageror Design Consultant, engineering computations shall be submitted. Contractor shall be responsible for delivering duplicates of Submittals to all other persons whose Work is dependent thereon.

3.12.12 Contractor shall, at all times, maintain at the Site a complete file of all City, Construction Manager or Design Consultant-reviewed Submittals.

3.13 _TRADE NAMES, SUBSTITUTIONS

3.13.1 Except as otherwise noted and permitted by law, whenever in the Contract Documents any material or process is indicated or specified by two or fewer patents, proprietary names, brand names and/or manufacturers, such specification shall be deemed pursuantto Public Contract Code 3400 to be followed by the words "or approved equal"

3.13.2 Contractor shall have ten (10) Days after submission of the Bid to submit data substantiating substitution of "or equal" items. City, with the advice of the Design Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Consultant, will determine whether the proposed brand or item is equal in quality and utility to that specified in the Contract Documents, and its decision shall be final. City, Construction Manager or Design Consultant may require the submission of samples, formulae, and/or statements of physical properties for consideration in determining equality of the material or process in question. No proposal for an equal will be considered complete unless accompanied by complete information and descriptive data necessary to determine the equality of the offered equal.

3.13.3 If Contractor requests use of substitute material or process, it shall be incumbent upon Contractor to furnish sufficient evidence to support the claim of equality to the satisfaction of City, Construction Manager or Design Consultant.

3.13.4 If City accepts for use in the Project a substitute material or process which in the opinion of City, Construction Manager or Design Consultant is not the equal of that specified, a Change Order shall be issued issuing a credit to City for the difference in value.

3.13.5 Substitutions by Contractor that are incorporated into the Work without the prior review and Approval by City, Construction Manager or Design Consultant in accordance with the requirements of the Contract Documents shall be deemed to be Defective Work.

3.13.6 The specified Construction Contract completion time shall not be affected by any circumstance developing from the substitution provisions of this Article 3.13.

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3.14 _DAILY REPORTS BY CONTRACTOR

3.14.1 At the end of each working day, Contractor shall submit a daily report to the Construction Manager (on a form provided by or accepted by the Construction Manager).

Contractor's failure to submit daily reports in a timely manner all or any part of an Application for Payment.

Daily Reports Shall include the following:
(i) Labor - Names of workers, classification, and hours worked. (7565: 2800 Airport Ave Project Mod Olympos)
(ii) Material - Description and list of quantities of materials used. (iii) Equipment - Type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. (iv) Inspection and Testing Activities - Name, City or company and items involved. (V) Areas of Work - The areas of the Site on which Work was performed and a detailed description of the stage, status and progress of the Work in each such area at the beginning and end of the day.
(vi) Accidents, Delays, Defective Work - Description in detail of any injuries to workers, accidents, Delays, or Defective Work that were encountered. (vii) Other Services and Expenditures - Description in such detail as City may require of other services and expenditures.

3.14.2 Reports by Subcontractors and Sub-subcontractors that comply with the requirements of this Article 3.14 shall also be submitted to the Construction Manager through Contractor at the end of each working day

3.14.3 Submission of daily reports by Contractor, Subcontractors and Sub- subcontractors, of every Tier performing Work on the Site shall be a condition precedent to Contractor's right to payment under the Contract.

3.14.4 Facts, notice or information contained in daily reports of Contractor or its Subcontractors or Sub-subcontractors, whether known or not known to City or Construction Manager, shall under no circumstances be considered evidence of compliance by Contractor with any of the specific written notice requirements of the Contract Documents.

3.15_CUTTING AND PATCHING
Attachment:

3.15.1 Contractor shall do all cutting, fitting, or patching of the Work required to make all parts of the Work join properly and to allow the Work to join the work of Separate Contractors shown in, or reasonably implied by, the Contract Documents.

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3.15.2 Contractor shall not endanger the Work, the Project, Existing Improvements, or adjacent property by cutting, digging, or otherwise. Contractor shall not cut or alter the work of any Separate Contractor without the prior consent of City.

3.15.3 In all cases, cutting shall be performed underthe supervision of competentworkers skilled in the applicable trade and shall cause the openings to be cutas small as possible to minimize unnecessary damage.

Project Mod Olympos)

3.16_ _ACCESS TO THE WORK

3.16.1 City, Construction Manager, Design Consultant, their consultants and other persons authorized by City shall at all times have access to the Work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access and for inspection. (7565: 2800 Airport Ave

3.16.2 City may, at any time, and from time to time during the performance of the Work, enter the Project for the purpose of installing any necessary other work by City labor or other contracts or for any other purpose. Contractor shall cooperate with City and not interfere with other work being done by or on behalf of City.

3.17_ROYALTIES AND PATENTS

3.17.1 Contractor shall pay all royalties and license fees required for the performance of the Work. Contractor shall immediately notify City if it learns of any circumstances that may constitute an infringement of patent rights and shall defend and indemnify City and the members of the Project Team in accordance with Article 3.21 against Losses, liabilities, suits or Claims resulting from Contractor's or any Subcontractor's or Sub- subcontractor's infringement of patent rights.

3.18__PERMITS AND LICENSES

3.18.1 Contractor and all Subcontractors shall purchase or hold current and valid City of Santa Monica Business Licenses. Contractor shall obtain and be responsible for the cost of all permits and applications related to the construction of the Project.

3.19DIFFERING SITE CONDITIONS

3.19.1 Save and except as permitted for Differing Site Conditions as defined in this Article

3.19, Contractor agrees to solely bear the risk and the additional cost and Delay of all concealed or unknown conditions at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time.

3.19.2 Differing Site Conditions are those conditions encountered at the Site or in Existing Improvements thatare (1) subsurface or concealed conditions which differ materially from those indicated in the Contract Documents; or (2) unknown physical conditions at the Site, of an unusual nature, differing materially from those ordinarily en countered and generally Public Works | General Conditions Construction | April 2022 26 | Page Packet Pg. 93
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recognized as inherent in the Work of the character provided for in the Contract Documents.

3.19.3 If Contractor encounters conditions it believes constitute Differing Site Conditions, then notice of such conditions shall be immediately reported to City and the Construction Manager followed within twenty-four (24) hours by a written notice stating a detailed description of the conditions encountered.

3.19.4 City shall promptly investigate Contractor's report of Differing Site Conditions. If City finds that Differing Site Conditions exist, in accordance with this Article 3.19, an adjustmentshall be made in the Contract Sum and Contract Time in such amount as City approves.

3.19.5 If Contractor intends to seek an adjustment to the Contract Sum or Contract Time based upon Differing Site Conditions, it must, within seven (7) Days after it first discovered, or should have discovered in the exercise of diligence and care, the existence of such Differing Site Conditions, submit a written statement setting forth a detailed cost breakdown in the form required by Article 7.2 setting forth the basis of Contractor's calculation of the costs saved or incurred, detailed information demonstrating the effect on the Construction Schedule in the same manner as required by the Contract Documents for obtaining approval of extensions of time, identification of the Bid Documents that formed the basis of Contractor's Bid estimate to perform the Work EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) affected by such conditions and a complete and detailed explanation of the factual basis for the request.

3.19.6 Failure by Contractor to strictly comply with the requirements of this Article 3.19 adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be Contract Time by reason of such conditions.

3.19.7 No Claim by Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after final payment under the Construction Contract.

3.20_INSPECTIONS

3.20.1 In order to allow for inspection by City and other agencies, or any inspection required elsewhere in the Special Provisions and Technical Specifications, Contractor shall notify City in writing three (3) Days in advance of the permanent concealment of any materials or Work.

3.20.2 Whenever Contractor desires to carry on the Work of this Construction Contract at hours other than 8:00 AM to 6:00 PM, Monday through Friday and from 9:00 AM to 5:00 PM on Saturdays, it shall request authorization in writing from City for such Work at least Attachment:
twelve (12) Days in advance and, if approved to proceed, Contractor agrees to pay overtime reimbursement of costs, of such required inspectors) and the Construction Manager, Design Consultant and/or other City consultants whose presence is necessary and requested by City. City offices are closed on alternate Fridays commencing January Public Works | General Conditions Construction | April 2022 27 |P age Packet Pg. 94
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12, 2001, and every other Friday thereafter. Inspections by City Building Departmentmay not be available on these days.

3.20.3 If any Work is concealed or performed without the prior notice specified above, then the Work shall be subject to such tests or exposure as may be necessary to prove to City that the materials used and the Work done are in conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished by Contractor at its expense. Contractor shall replace, at its own expense and Project Mod Olympos) without reimbursement by City, any materials or Work damaged by exposure and any faulty materials or work evidenced by such exposure or testing.

3.20.4 When, in order to comply with the intent of the Contract Documents, inspection must be made at the plant or mill of the manufacturer or fabricator of material or equipment, Contractor shall notify City a sufficientlength of time in advance to allow for arrangements to be made for such inspection.
(7565: 2800 Airport Ave

3.20.5 Any inspection or approval by any representative or agent of City will not relieve Contractor of the responsibility of incorporating into the Work only those materials which conform to the Contract Documents, and any nonconforming materials shall be removed from the Site whenever identified.

3.20.6 When Contractor believes it has achieved either Substantial or Final Completion of the Work, Contractor shall notify City and the Construction Manager in writing and request a Substantial or Final Completion inspection of the Work. City, Design Consultant and Construction Manager will make such inspection as soon thereafter as possible.

3.21 _INDEMNIFICATION, STOP NOTICES

3.21.1 Contractor shall fully comply with the Indemnification provision of the Construction Contract.

3.21.2 Contractor shall take steps to assure that a right of indemnification is included in all subcontracts, purchase orders and other contracts entered into by Subcontractors and Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ Sub-subcontractors, of every Tier, for the Project that afford the same coverage, benefits and protections as provided for in Article 3.21.1.

3.21.3 Nothing set forth in the Contract Documents shall be construed to give rise to any express or implied right in favor of Contractor for indemnity or contribution.

3.21.4 Contractor shall not permit any stop notices or other claims, valid or invalid, to be served, filed, recorded or otherwise imposed on City or on any part of the Work or the property on which the Work is performed. If any stop notice or other claim is served, filed or recorded in connection with the Work, City shall have the option, in its sole discretion, to require that Contractor immediately and at its own expense obtain a bond executed by a good and sufficient surety, in accordance with the California Civil Code, Section 3196, in a sum equal to one hundred twenty-five percent (125%) of the amount of such stop notice or claim. Such bond shall guarantee the payment of any amounts which the claimant may recover on the stop notice or claim, together with the claimant's costs of Public Works | General Conditions Construction | April 2022 28 | Pag e Packet Pg. 95
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suit in any action to enforce such stop notice or claim if the claimant recovers therein.

This remedy shall be in addition to all other rights and remedies of City underthe Contract Documents and applicable law, including, without limitation, the right to withhold funds from sums due to Contractor.

3.22_ _PARKING

3.22.1 Contractor shall provide and maintain suitable parking areas, for use by all construction workers and others performing work or furnishing services in connection with the Project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, construction activities or public parking.

3.23 _USE OF THE PROJECT SITE AND CLEAN UP

3.23.1 Contractor shall confine operations at the Site to areas permitted by Applicable Code Requirements and the Contract Documents. Contractor shall not encumber the Site with materials or equipment so that Separate Contractors' work is hindered or impeded due to such encumbrances.

3.23.2 Contractor shall, during performance of the Work, keep the Site and surrounding area free from the accumulation of excess dirt, dust, waste materials, water and rubbish caused by Contractor or any Subcontractors. Contractor shall continuously remove all excess dirt, waste material, water and rubbish caused by Contractor and all tools, equipment, machinery and surplus materials from the Site and surrounding area at the completion of the Work. Adequate cleanup will be a condition for progress payments. Attachment:_EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos)

3.23.3 Personnel of Contractor, Subcontractors, and Sub-subcontractors shall not occupy, live upon, or otherwise make use of the Site during any time that Work is not being performed at the Site, except as otherwise provided in the Contract Documents.

3.23.4 Upon Final Completion of the Work, Contractor shall remove all construction facilities, appurtenances, tools, material and other articles from the Site. The entire area, including all fixed equipment, floors, surfaces and hardware shall be cleaned and restored to their original condition in accordance with the Special Provisions and Technical Specifications.

3.23.5 In addition to water sprinkling, temporary enclosures and anti-dust sweeping compounds should be used to limit dust and dirt rising and to keep the Site clean.

3.23.6 Construction materials shall be neatly stacked by Contractor when not in use.

Dusty materials in piles or in transit shall be covered to prevent suspension of the dirt in the air. Contractor shall promptly remove splattered concrete, asphalt, oil, paint, corrosive liquids and cleaning solutions from the affected surfaces to prevent marring or other damage.

3.23.7 Volatile wastes shall be properly stored in covered metal containers and removed daily. All other trash receptacles shall be promptly emptied when full.

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3.23.8 Contractor shall promptly and legally transport and dispose of removed and demolished items and waste materials notidentifiedto be recycled or reused in a manner complying with local ordinances and anti-pollution laws. No rubbish or waste materials shall be burned, buried, or otherwise disposed of on the Site.

3.23.9 Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent.

Contractor shall enforce the use of such sanitary facilities by all personnel at the Site.

Sanitary facilities shall be on a portable trailer and shall be removed from the Site at the end of each workday. For sewer lining projects, Contractor shall provide additional sanitary facilities on a portable trailer to be used by the residents during lining installation (one sanitary facility per each 30 meters [100 feet]). Contractor shall remove those sanitary facilities as soon as relief holes are cut and notices of completion are delivered.

3.24_ENVIRONMENTAL CONTROLS

3.24.1 AIR POLLUTION CONTROL. Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the Contract, including any air pollution control rules, regulations, ordinances and statutes, specified in the California Laws Government Code, Section 11017, and the South Coast Air Quality Management District, Rule 1403, or any other applicable law. In the absence of any applicable air pollution control rules, regulations, ordinances or statutes governing solvents, all solvents, including but not limited to the solvent portions of paints, thinners, curing compounds and liquid asphalt used on the Project shall comply with the applicable material requirements of the South Coast Air Quality Management Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) District. All containers of paint, thinner, curing compound or liquid asphaltshall be labeled to indicate that the contents fully comply with said requirements. Material to be disposed of shall not be burned.
1 Mold. If any material susceptible to microbial growth becomes wet during the construction phase, that material should be carefully removed from the construction Site to prevent further contamination of the indoor air.
.2 VOC's. Construction materials that emit low levels of volatile organic compounds (VOC) shall be used to improve indoor air quality. Adequate ventilation of packaged dry roducts shall be used prior to installation. Contractor is responsible to ventilate the uildina durina the application of wet products (e.g., paints, glues, sealants), which release their highest levels of VOC's during the curing period immediately after the application. Also, wet products shall be applied before installing materials that act as "sinks" such as carpets, fabric, ceiling tiles, movable partitions, furniture, etc. in order to reduce the chance of the "sinks" absorbing contamin ants and slowly releasing them into the building over time.
.3 Off-Gassing. Contractor is responsible for identifying specific materials that require more complex ventilation to accelerate off-gassing. In addition to paints, glues and sealants, those materials that generally require temporary ventilation include, without limitation: composite wood products, plastics, waterproofing, insulation, fireproofing, caulking, acoustical ceilings, resilient flooring and wood preservatives.

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.4 Barriers. Barriers shall be used to prevent the migration of airborn e pollutants from areas underconstruction and to mitigate any construction noise thatmay disruptoccupant activities. If effective controls for pollution emissions cannot be practically implemented, activities involving significant airborne pollutants shall be scheduled during off-hours at Contractor's expense. The Site shall be ventilated with fresh outside air during and immediately after the noxious activity.

Project Mod Olympos)
.5 Exhaust. Contractor shall install a temporary exhaust in a construction area to prevent contaminated air from entering the building's return -air system, including, without limitation:
(i) Removing windows in a space.
(ii) Using available or dedicated exhaust systems (e.g., kitchen or toilet exhaust) that are not tied into the building's overall return-air system.

The building shall be flushed with full outdoor air for seven (7) Days prior to occupancy.

Full capacity of the HVAC system shall be used for at least 2.5 ACH (air changes per hour), provided by temporary fans. During this time, the interiors shall be thoroughly cleaned, the HVAC ducts vacuumed, and air and HVAC system filters replaced. .6 Cleaning Products. All cleaners and janitorial products shall be approved by the City of Santa Monica's Environmental Programs Division in accordance with City's required Toxic Use Reduction Program. Contractor may obtain a list of City's approved cleaning products from the Construction Manager (who will obtain it from the Environmental Programs Division). All Contractors are to use the approved products unless the approved products are not working for their needs or they have a particular product need for which a product has not yet been approved. Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Before purchasing or using any cleaning productnoton the approved list, Contractor shall request a copy of City's Custodial Products Bid Specifications from the Construction Manager. Contractor shall submit a Product Reporting Form with appropriate back-up documentation to the Design Consultant for each cleaning product not on the approved list, along with an explanation of why an approved product is not being used. The back- up documentation should conform to the City's Custodial Products Bid Specifications.

The Construction Manager will forward Contractor's request to the Environmental Programs Division for evaluation and will notify Contractor of the approval or rejection of any product submitted. City shall not be responsible for any costs incurred due to the disapproval of any cleaning products or for delays due to Contractor's failure to submit all required information or acceptable products.

3.24.2 TEMPORARY WATER, LIGHT AND POWER. Water for any purpose shall be obtained by Contractor, at its expense, from City. Contractor is to contact the Construction Manager for a phone number and contact person. In no case may Contractor obtain water from unmetered fire hydrants. The costs of obtaining water shall be included in the prices paid for the various contract items of work included and no additional compensation will be allowed therefor, unless otherwise specified in these Public Works | General Conditions Construction | April 2022 31 | P a ge Packet Pg. 98
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Contract Documents. Contractor should be aware that there is a penalty for taking water from an unmetered fire hydrant. This amount shall be deducted from the payment due Contractor.

3.24.3 WATER POLLUTION CONTROL.
.1 Contractor shall use Best Available Technology and Best Management Practices to prevent the pollution of drains and watercourses by discharges of materials other than Project Mod Olympos) uncontaminated storm water. Prohibited discharge include stormwater discharge that may threaten to cause pollution, contamination ornuisance, sanitary waste, sediment and debris trom erosion and other substances resulting trom construction activities. Sanitary wastes will not be permitted to enter any drain or watercourse other than sanitary sewers.

No sediment, debris or other substance will be permitted to enter sanitary sewers. 2 Contractor to provide effective and continuous control of water pollution, including where Work in small or multiple units, on an out of phase schedule or with modified construction procedures. Contractor shall determine which methods are most effective in achieving control of water pollution as a result of Contractor's operations. Contractor shall coordinate water pollution control work with all other Work performed by Contractor and Separate Contractors.

Before starting any Work on the Project, Contractor shall submit to the Construction Manager for acceptance a program for effective control of water pollution.

Such program shall show the schedule and detailed description for the pollution and erosion control work or practices included in the Construction Contract and for all water pollution control measures which Contractor proposes to take in connection with construction of the Project to minimize the effects of their operations upon adjacent streams and other bodies of water. Contractor shall notperform any clearing and grubbing or earthwork on the Project, other than that specifically authorized in writing by the Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Construction Manager, until such program has been approved by City or Construction Manager. Contractor shall revise and bring up to date said water pollution control program at any time the Construction Manager makes written request for such revisions. 4 The Construction Manager will notify Contractor within seven (7) Days of its learning of the acceptance or rejection of any submitted or revised water pollution control program.
.5 City shall not be liable to Contractor for failure to accept all or any portion of any originally submitted or revised water pollution control program, or for any Delays to the Work due to Contractor's failure to submit an acceptable water pollution control program.

Contractor assumes sole responsibility for all costs associated with treatment of water polluted as a result of Contractor's Site activities, whether treatment is initiated by Contractor or City.
.6 Contractor may request the Construction Manager to waive the requirement for submission of a written program for control of water pollution when the nature of Contractor's operation is such that pollution discharge or erosion is not likely to occur.

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with the other provisions of this Section. Waiver of the requirement for a written program for control of water pollution will not preclude City requiring submittal of a written program at a later time if the Construction Manager deems it necessary because of the effect of Contractor's operations.

Where erosion damage which will cause water pollution is probable due to the nature of the material or the season of the year, Contractor's operation shall be so scheduled that permanent erosion control features will be installed concurrently with or Project Mod Olympos) immediately following grading operations.
.8 All water pollution control work required elsewhere in the Contract Documents which may be accomplished under the various contract items of Work will be measured and paid for as provided in said items of Work elsewhere in these Contract Documents. .9 All water pollution control work performed in accordance with the accepted program which is not otherwise required underthe Construction Contract and which is ordered by the Construction Manager will be paid for as Extra Work as provided for in the General Conditions. Except as otherwise provided in Article 3.24.3 or elsewhere in the Contract Documents, full compensation for conforming to the requirements of Article

3.24.3 shall be considered as included in the prices paid for the various contract items of Work and no additional compensation will be allowed therefor.

3.24.4 URBAN RUNOFF. The following Best Management Practices which address the problem of urban runoff shall apply to all projects undergoing construction in City. The Best Management Practices list set forth below is required by City, and shall apply at the time of demolition of an existing structure or commencement of construction until receipt EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave of a certificate of occupancy or certificate of completion:

Runoff, sediments and construction waste from construction sites and parking areas shall not leave the site.
2 Any sediments or other materials which are tracked off the Site shall be removed the same day. When determined necessary by the Construction Manager to provide temporary pollution control measures, a temporary sediment barrier shall be installed.

On an emergency basis only, plastic covering may be utilized to prevent erosion of an otherwise unprotected area, along with runoff devices to intercept and safely convey the runoff.
.4 Excavated soil shall be located on the Site in a manner that eliminates the possibility of sediment running into the street or adjoining properties. Undocumented fills shall be covered until the soil is either used or removed. .5 No washing of construction or other industrial vehicles shall be allowed adjacent to the Site. No runoff from washing vehicles on the Site is allowed to leave the Site. .6 Drainage controls shall be utilized as needed, depending on the extent of proposed grading and topography of the Site, including, butnot limited to the following: (i) detention Public Works | General Conditions Construction | April 2022 33 | P a ge Packet Pg. 100
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ponds, sediment ponds or infiltration pits; and (ii) dikes, filter berms or ditches; and (iii) down drains, chutes orflumes.

3.24.5 STORMWATER POLLUTION. To avoid stormwater pollution, Contractor shall plan roadwork and pavement construction as follows:
(i) Apply concrete, asphalt, and seal coat during dry weatherto prevent contaminants from contacting stormwater runoff.
(i) Cover storm drain inlets and personnel access holes when paving or applying se al coat, slurry seal, fog seal, etc.
(iii) Always park paving machines over drip pans or absorbent materials, since they tend to drip continuously.
(iv) When making saw-cuts in pavement, use as little water as possible. Cover each catch basin completely with filter fabric during the sawing operation and contain the slurry by placing straw bales, sand bags, or gravel dams around the catch basin. After the liquid drains or evaporates, shovel or vacuum the slurry residue from the pavement or gutter and remove from the Site.

DRAINAGE CONTROL. Contractor shall provide for the drainage of storm water and EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) such water as may be applied or discharged on the Site in performance of the Work.

Drainage facilities shall be adequate to prevent damage to the Work, Site and adjacent property. Also drainage facilities shall be constructed to minimize the potential pollution to the ocean.

Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all in creased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels), to protect City's private property and utility owner's facilities and the Work, and to direct water to drainage channels orconduits. Retention of drain age on the Site shall be provided as necessary to prevent down stream flooding.

3.24.6 SOUND CONTROL.
.1 Contractor shall comply with all local sound control and noise level rules, regulations and ordinances (including but not limited to all applicable provisions of the Santa Monica Municipal Code, Chapter 4.12) which apply to any Work performed pursuantto the Construction Contract, except as modified in the Special Provisions and Technical Specifications.
.2 Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No Attachment:
internal combustion engine shall be operated on the Project without said muffler. The noise level from Contractor's operations, between the hours of 8:00 A.M. and 6:00 P.M., shall not exceed 86 DBA at a distance of 15 meters (50 feet). This requirement in no way Public Works | General Conditions Construction | April 2022 34 | Pag e Packet Pg. 101
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relieves Contractor from responsibility for complying with local ordinances regulating noise level.
.3 The noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
4 Prior to starting construction, all equipmentto be used on the Project shall be inspected and tested for compliance with the requirements of this Project. Sound blankets or other sound mitigation equipment approved by the Construction Manager shall be required to bring equipmentinto compliance with the requirements of this Project. .5 Full compensation for conforming to the requirements of this provision shall be considered as included in the prices paid for the various contract items of Work involved and no additional compensation will be allowed therefor.

SPECIAL HAZARDOUS SUBSTANCES AND PROCESSES. Contractor acknowledges that it is aware of and in compliance with the provisions of the Hazard Communication Standards (California Code of Regulations, Title 8, Section 5194). Contractor shall, at the request of the Construction Manager, demonstrate that Contractor is in complete EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) compliance with the Hazard Communication Standards. In addition, Contractor shall, at the request of the Construction Manager, provide to the Construction Manager a material safety data sheet and a copy of the product label for any product handled or used by Contractor on City property or in an area where a City employee is working. Contractor shall contact the City's "Household Hazardous Waste Facility" regarding the intent to dispose of any materials containing asbestos or any petroleum-contaminated soil.

ARTICLE 4 - ADMINISTRATION OF THE CONTRACT

4.1. _CONTRACT ADMINISTRATION BY CITY, DESIGN CONSULTANT AND

CONSTRUCTION MANAGER

4.1.1 City and the Construction Manager will provide administration of the Construction Contract as provided in the Contract Documents.

4.1.2 No actions taken by City, Construction Manageror Design Consultantsh all relieve Contractor of its obligations as described in the Contract Documents.

4.1.3 The Construction Manager will be present on the Site during the performance of the Work primarily for the purposes of providing administration, inspection and expediting communications between City, Design Consultant and Contractor.

4.1.4 Neither City, Design Consultant nor Construction Manager will have control over, will be in charge of, or will be responsible for construction means, methods, techniques, safety, sequences or procedures or for safety precautions and programs in connection with the Work, all of which are the sole responsibility of Contractor.

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4.1.5 Unless otherwise provided in the Contract Documents or when direct communications have been specifically authorized, communications between Contractor and City or Design Consultant shall be in writing through Construction Manager.

Communications by Contractor, Subcontractors and Sub-subcontractors with Separate Contractors shall be through the Construction Manager. Contractor shall not rely on oral or other non-written communications.

4.1.6 Based on the Construction Manager's Site visits and evaluations of Contractor's Applications For Payment, the Construction Manager will review and recommend to City for City approval the amounts, if any, due Contractor.
(7565: 2800 Airport Ave Project Mod Olympos)

4.1.7 Construction Manager will make recommendations to City to reject the Work, or any portion thereof, which does not conform to the Contract Documents. City alone shall have the authority to stop the Work or any portion thereof. Whenever City considers it necessary or advisable, City will have the authority to require additional inspection or testing of the Work in accordance with the Contract Documents, whetheror not such Work is fabricated, installed or completed. However, no authority of City conferred by the Contract Documents norany decision made in good faith eitherto exercise or not exercise such authority, nor any recommendation by the Construction Manager, shall give rise to a duty or responsibility of City or the Construction Manager to Contractor or its Subcontractors or Sub-subcontractors, of any Tier.

4.1.8 Construction Manager will have the authority to do the following:
(i) Conduct inspections in connection with Beneficial Occupancy; (ii) Assist City in determining the dates of Substantial Completion and Final Completion;
(iii) Review any records, written warranties and related documents required by the Contract Documents and assembled by Contractor; and
(iv) Make recommendations to City for issuance of final payment upon Contractor's compliance with the requirements of the Contract Documents.

4.1.9 City, with the assistance of recommendations from the Design Consultant an d/or Construction Manager, shall be the ultimate interpreter of the requirements of the Contract Documents and the judge of performance thereunder by Contractor. Such decisions by City will be final and binding upon Contractor.

4.2_ _CLAIMS

4.2.1 If a Claim involves an adjustment to the Contract Sum or to the Contract Time due to Extra Work, then the Claim arises upon issuance of a decision denying, in whole or in Attachment:
part, Contractor's Change Order Request. All other Claims arise when Contractor discovers, or should have discovered, the circumstances giving rise to the Claim (even if Contractor has not yet been damaged or delayed).

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4.2.2 A Claim that does notinvolve an adjustmentto the Contract Sum or Contract Time for Extra Work may be asserted if, and only if, Contractor gives written notice of intent to file the Claim within five (5) Days of the date the Claim arises under Article 4.2.1. A written notice of intentto file a Claim shall be valid if, and only if, it identifies the eventor condition giving rise to the Claim, states its probable effect, if any, with respect to Contractor's entitlement to an adjustment of the Contract Sum or Contract Time, and complies with the requirements of Article 4.2.3.

Project Mod Olympos)

4.2.3 A Claim must include the following:
.1 A statement that it is a Claim and a request for a decision on the Claim; A detailed description of the act, error, omission, Differing Site Condition, event or other circumstance giving rise to the Claim; and
.3 If the Claim involves an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a Change Order Requestwas submitted in a timely manner as required by Article 7.2. If the Claim does not involve an adjustment to the Contract Sum or Contract Time for Extra Work, a statement demonstrating that a notice of intent to file the Claim was submitted in a timely manner as required by Article 4.2.2. .4 A detailed justification for any remedy or relief sought by the Claim, including, without limitation:

A detailed cost breakdown in the form required for submittal of Change Order Requests and subject to the prohibition in Article 7.2.14 relating to calculations based on total cost methodology.
b. Copies of actual job cost records demonstrating that the costs have been incurred. Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave C. If the Claim is based on an error, omission, conflict or ambiguity in the Contract Documents: (i) a sworn statement by Contractor and any Subcontractors or Sub- subcontractors involved in the Claim, to the effect that the error, omission, conflict or ambiguity was not discovered prior to submission of the Bid, or (ii) if not discovered, a statement demonstrating that the error, omission, conflictor ambiguity could not have been discovered by Contractor, its Subcontractors or Sub-subcontractors in exercise of the degree of care required of them under the Contract Documents for review of the Bid Documents prior to submission of the Bid.
.5 If the Claim involves a request for adjustment of the Contract Time, written documentation demonstrating that Contractor has complied with the requirements of the Contract Documents pertaining to proving the right to an extension of time and demonstrating that Contractor is entitled to an extension of time under the Contract Documents.
. 6 A written certification signed by a responsible managing officer of Contractor's organization, who has the authority to sign subcontracts and purchase orders on behalf Public Works | General Conditions Construction | April 2022 37 | Page Packet Pg. 104
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of Contractor and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification, in the following form:
" hereby certify under penalty of perjury under the laws of the State of California that I am a managing officer of (Contractor's name Land that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of (Subcontractor's/Sub- subcontractor's name(s)) and that the following statements are true and correct.

The facts alleged in or that form the basis for the Claim are true and accurate; and, Contractor does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim (7565: 2800 Airport Ave Project Mod Olympos) materially misleading; and,
(ii) Contractor has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed with reasonable certainty that the Losses or damages suffered by Contractor and/or such Subcontractor or Sub- subcontractor were in fact suffered in the amounts and for the reasons alleged in the Claim; and,
(iv) Contractor has, with respect to any request for extension of time or claim of Delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules (including those maintained by Contractor and by any Subcontractor or Sub-subcontractor, of any Tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by Contractor and /or such Subcontractor or Sub-subcontractor were in fact experienced sequence of performance of the Work, as alleged in the Claim; and, (V) Contractor has not received payment from City for, nor has Contractor previously released City from, any portion of the Claim. Attachment:_EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ Signature: _
Name:

Title:

Company: _
Date:

4.2.4 Failure to submit any of the information, documentation or certifications required by Article 4.2.3 shall result in the Claim being returned to Contractor withoutany decision.

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4.2.5 Claims shall be first submitted to City via the Construction Managerfor decision by City.

4.2.6 Notwith standing the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by City, Contractor shall not delay, slow or stop performance of the Work, but shall diligently proceed with performance in accordance with the Contract Documents and City will continue to make payments as required by the Contract Documents.

4.2.7 All Claims and supporting documentation and certifications must be filed within thirty (30) Days after the Claim arises. No Claims shall be filed after the final payment has been issued.

4.2.8 No Claim may be asserted unless Contractor has strictly complied with the requirements of Article 4.2, which shall be considered conditions precedent to Contractor's rights to assert the Claim and to initiate the Contract Dispute Resolution Process set forth in the Contract with respect to such Claim.

4.2.9 Claims less than $50,000 shall be responded to by City in writing within forty-five (45) Days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) Days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) Days after receipt of the further EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information ordocumentation, whicheveris greater.

4.2.10 Claims of $50,000 or greater shall be responded to by City in writing within sixty (60) Days of receipt of the Claim, unless City requests additional information or documentation of the Claim within thirty (30) Days of receipt of the Claim, in which case City shall respond to the Claim within fifteen (15) Days after receipt of the further information or documentation or within a period of time no greater than that taken by Contractor in producing the additional information ordocumentation, whicheveris greater.

4.2.11 If Contractor disputes City's response, or if City fails to respond within the prescribed time set forth in Articles 4.2.9 and 4.2.10, Contractor may so notify City, in writing, within fifteen (15) Days of City's response or within fifteen (15) Days of City's tailure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand, City shall schedule a meet and conferconference within thirty (30) Days for discussion of settlement of the dispute.

4.2.12 If Contractor disputes City's decision it shall commence the Contract Dispute Resolution Process by filing a Statement of Contract Dispute within thirty (30) Days after receipt of City's response. If Contractor fails to do so, City's response will become final and binding upon Contractor.

ARTICLE 5 - SUBCONTRACTORS

5.1CONTRACTOR'S AWARD OF SUBCONTRACTS
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5.1.1 Contractor shall perform, with its own employees, Work amounting to at least 50 percent of the Contract Sum except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the Contract Sum before computing the amount required to be performed by Contractor with its own employees. "Specialty Items" are identified in the Bid Documents. Where an entire item is subcontracted, the value of Work subcontracted will, where no prices are provided, be based on the unit price and when a portion of an item is subcontracted, the value of Work subcontracted will be based on the estimated percentage of the unit price. Such percentages will be determined from information submitted by Contractor, and subject to approval by the Construction Manager.

5.1.2 Unless otherwise stated in the Contract Documents, Contractor shall submit in writing, prior to entering into any subcontract agreements, the company name, address, telephone and facsimile numbers, point-of-contact and contractor's license number of all Subcontractors proposed for the Work that are changed from those previously listed in Contractor's Bid. Any Subcontractor may be disqualified if City or the Construction Manager determines that such Subcontractor fails to meet the requirements of the Contract Documents or for any other appropriate reason. If City or the Construction Manager has reasonable objections to a person or entity proposed by Contractor, Contractor shall propose an alternate party to whom City and the Construction Manager have no reasonable objection.

5.1.3 Contractor shall comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code, Sections 4100 through 4114. Nothing herein shall be deemed to entitle Contractor, without the written approval of City, to substitute other Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) Subcontractors for those named in Contractor's List of Subcontractors contained in the completed Bid; and, except with such approval, no such substitution shall be made.

Should Contractor violate any of the provisions of the Subletting and Subcontracting Fair Practices Act, such violation shall be deemed a violation of the Construction Contract, entitling City, without limitation to any other rights or remedies underthe law, to suspend or terminate the Construction Contract.

5.1.4 Except as herein after provided, any increase in the cost of the Work resulting from the replacement or substitution of a Subcontractor, shall be borne solely by Contractor and withoutanyadjustmentin Contract Sum or Contract Time. However, if a replacement or substitution of any Subcontractor is made as a result of a request of City or the Construction Managerfor any reason other than failure of such Subcontractorto meet the requirements of the Contract Documents or a request by Contractor for substitution, the Contract Sum only, and not the Contract Time, shall be subject to adjustment pursuant to the Change Order provisions of the Contract Documents for the amount of the increase or decrease in the original subcontract amount, with no additional sum for Contractor Markup. In such cases and at the request of City, the replacement Subcontractor sh all be selected through a competitive bidding process acceptable to City.

5.1.5 Where a hearing is held pursuantto the provisions of the California Public Contract Code Division 2, Part 1 - Chapter 4 (commencing with Subparagraph 4100), by the awarding authority or a duly appointed hearing officer, City's representative shall prepare and certify a statement of all costs incurred by City for investigation and conduct of the Public Works | General Conditions Construction | April 2022 40 | P a ge Packet Pg. 107
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hearing, including the costs of any hearing officer and reporter appointed. The statement shall then be sent to Contractor who shall reimburse City for such costs. If not paid separately, such reimbursement may be deducted from any money due and owing to Contractor.

5.2__SUBCONTRACTUAL RELATIONS

5.2.1 Prior to the execution of each subcontract agreement, Contractor shall make Project Mod Olympos) available to each proposed Subcontractor, copies of the Contract Documents to which the Subcontractor will be bound, including the provisions for dispute resolution. Within thirty (30) Days of the Notice To Proceed, Contractor shall provide City with a complete listing of all Subcontractors, which shall include, but not be limited to, the Work contracted for, Subcontractor's name, address, telephone and facsimile numbers, form for doing business (i.e., sole proprietor, corporation, partnership), point-of-contact and Subcontractor's license classification and number.
(7565 : 2800 Airport Ave

5.2.2 Any part of the Work performed for Contractor by a first Tier Subcontractor shall be pursuant to a written subcontract. Each such subcontract shall require that the Subcontractor:
(i) Perform the Work in accordance with the terms of the Contract Documents. (ii) Assume toward Contractor all the obligations and responsibilities which Contractor assumes towards City by the Contract Documents.

GC_Contract_-_2800_
(iii) Preserve and protect the rights of City under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights.
(iv) Waive all rights that the Subcontractor may have against City for damages caused by fire or other perils covered by builder's risk property insurance carried by Contractor or City, except for such rights Subcontractor may have to the proceeds of such insurance held by City under Article 11 of these General Conditions. (v) Afford City and entities and agencies designated by City the same rights and remedies with respect to access to and the right to auditand the right to copy at City's cost all of the Subcontractor's books, records, contracts, correspondence, instructions, drawings, receipts, vouchers, purchase orders and memoranda relating to the Work and requiring the Subcontractor to preserve all such records and other items for a period of at least three (3) years after Final Completion.
(vi) Recognize the rights of City under Article 5.3, Contingent Assignment of Subcontracts, including, without limitation, City's right to elect to accept assignment of Attachment:
the subcontract and to retain Subcontractor pursuant to the terms of the subcontract, to complete the unperformed obligations under the subcontract and, if requested by City, to execute a written agreement on terms acceptable to City confirming that the Subcontractor is bound to City under the terms of the subcontract.

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(vii) Submit Applications for payment, requests for Change Orders and extensions of time and Claims, and to comply with all other notice and submission requirements of the Contract Documents, sufficiently in advance to allow Contractor time to comply with its obligations under the Contract Documents.
(vili) Purchase and maintain insurance in accordance with the requirements of the Contract Documents and reserving the right to Ownerto purchase, in its sole discretion, such insurance pursuantto an Owner Controlled Insurance or other form of Wrap-Up Project Mod Olympos) Program.
(ix) Defend and indemnify the Indemnitees listed in Article 3.21 on the same terms. (x) Agree to participate in the dispute resolution procedures specified in the Contract, at the election of City.

5.2.3 Contractor shall promptly, after execution, furnish to City true, complete, and executed copies of all subcontracts, change orders and modifications thereto. Progress payments shall not be made for items of Work for which City has not received executed subcontracts or Change Orders.

5.2.4 Nothing contained in the Contract Documents shall create any contractual relationship between any Subcontractor and City, except when, and only to the extent that, City elects to accept the assignment of the subcontract with such Subcontractor pursuant to Article 5.3.

5.2.5 City and the Construction Manager shall have the right to communicate with EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Contractor's Subcontractors and Sub-subcontractors with respect to matters that are related to Contractor's performance of its obligations under the Contract Documents.

Contractor shall be provided with a copy of all such written communications. Such communications shall notcreate or be interpreted as creating any contractual relation ship between City or the Construction Manager and any such Subcontractor or Sub- subcontractor.

5.3 _CONTINGENT ASSIGNMENT OF SUBCONTRACTS

5.3.1 In the event of any suspension or termination of the Construction Contract, Contractor is hereby deemed to have assigned to City all its interest in contracts with Subcontractors now or hereafter entered into by Contractor for performance of any part of the Work. The assignmentwill be effective upon acceptance by City in writing and only as to those contracts which City designates in writing. City may accept, at its sole election, said assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Contractor's rights under the Contract Documents. Such assignment is part of the consideration to City for entering into the Contract with Contractor and may not be withdrawn prior to Final Completion. Attachment:

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6.1. _CITY'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE

CONTRACTS

6.1.1 City reserves the right to award separate contracts tor, or to pertorm with its own torces, construction or operations related to the Work or other construction or operations at or affecting the Site, including portions of the Work which have been deleted by modification. Contractor shall cooperate with City's forces and Separate Contractors.

6.1.2 City shall provide coordination of the activities of City forces and of each Separate Contractor with the Work of Contractor. Contractor shall participate with City and Separate Contractors in joint review of construction schedules and Project requirements when directed to do so. Contractor shall make necessary revisions to the Construction Schedule after such joint review.

6.1.3 Without limitation upon any of the rights or remedies of City under the Contract Documents or under law arising from a defaultby Contractor, in the event that Contractor fails to have personnel on Site to supervise the Work, City shall have the right, in its sole discretion, but not the responsibility, upon twenty-four (24) hours' telephonic notice to Contractor, to provide such supervision on a temporary basis. Contractor shall, notwith standing City's providing such temporary supervision, remain solely responsible for all actions of its personnel and Subcontractors and shall defend and indemnify City in accordance with Article 3.21 against any Losses arising therefrom. City shall have the right, in its discretion, to deduct from the sums owing to Contractor the reasonable cost of such temporary supervision.

Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos)

6.2_MUTUAL RESPONSIBILITY

6.2.1 Contractor shall be responsible for affording Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities. Contractor shall schedule and coordinate its construction and operations with the construction and operations of Separate Contractors as required by the Contract Documents.

6.2.2 If a portion of the Work is dependent upon the proper execution or results of other construction or operations by Separate Contractors, Contractor shall inspect such other construction or operations before proceeding with that portion of the Work. Contractor shall promptly report to City apparent discrepancies or defects which render the other construction or operations unsuitable to receive the Work. Unless otherwise directed by City, Contractor shall not proceed with the portion of the Work affected until apparent discrepancies or defects have been corrected. Failure of Contractor to so report within a reasonable time after discovering such discrepancies or defects shall constitute an acknowledgmentthatthe other construction oroperations by City or Separate Contractors is suitable to receive the Work, except as to defects not then reasonably discoverable.

6.2.3 In the event of Delays, improperly timed activities or Defective Work, the costs of such occurrences shall be borne by the party responsible therefor.

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6.2.4 If Contractor wrongfully causes damage to completed or partially completed construction or to property of City or Separate Contractors, Contractor shall promptly remedy damage as provided in Article.

6.2.5 If a dispute, or other matters in question arise between Contractor and a Separate Contractor, these occurrences shall be subject to the provisions of Section 14 (Dispute Resolution) of the Construction Contract. Contractor shall immediately notify the Construction Manager in writing and within seventy-two (72) hours of such occurrences. Project Mod Olympos)

6.3_CITY'S RIGHT TO CLEAN UP

6.3.1 If a dispute arises between Contractor and Separate Contractors as to the responsibility under their respective contracts for maintaining the Site and surrounding areas free from waste materials and rubbish, City may clean up and allocate the cost between those firms it deems, in its sole discretion, to be responsible. (7565: 2800 Airport Ave
ARTICLE 7 - CHANGES

7.1. CHANGES

7.1.1 City may, at any time and without notice to Contractor's sureties, order Changes in the Work without invalidating the Construction Contract and with out relieving sureties GC_Contract_-_2800_ of their obligations to City.

7.1.2 City shall be entitled to a deductive adjustment in the Contract Sum for Changes that involve Deleted Work that resultin a reduction in the cost of Contractor's performing the Work and shall be entitled to an adjustment reducing the Contract Time for Deleted Work that results in Contractor's being able to complete the Work earlier than the Contract Time.

7.1.3 Unless such rights have been waived and provided that Contractor has complied with the requirements of the Contract Documents with respect to, without limitation, complete and timely submission of all notices, requests and supporting documentation, Contractor shall be entitled to an additive adjustment to the Contract Sum for Changes Attachment: _EXECUTED_DocuSign_SP2686_-_( that involve Extra Work and an adjustment extending the Contract Time for Delays for which Contractor is entitled under the Contract Documents to an extension of time.

7.1.4 City shall have the right to require performance of Changes that result in Extra Work on a lump sum basis, a unit price basis or a time and material basis, all as hereinafter more particularly described.

7.1.5 Changes may be ordered by City or the Construction Manager in writing by issuance of an agreed or unilateral Change Order or a Field Order. Contractor shall not be entitled to an adjustment of the Contract Sum or Contract Time for Changes that are notauthorized by a Change Order or Field Order signed by City or Construction Manager.

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It is of essence to this agreement that all Changes in the Work that are the basis of an adjustment to the Contract Sum or Contract Time must be authorized in advance, in writing, by City or Construction Manager. Accordingly, no verbal directions, course of conduct between the parties or express or implied Acceptance of Changes or Work, and no claim that the Ownerhas been unjustly enriched (whether or not there has been such enrichment) shall be the basis for an adjustment to the Contract Sum or Contract Time if Contractor has not obtained advance written authorization to perform the Change in the manner required by this provision.

7.1.6 City reserves the absolute right to make whatever Changes that it determines in its sole discretion are necessary and in its best interests and under no circumstances shall the number (individual or cumulative value) or scope of Changes become a basis for Contractor to claim that the Construction Contract has been rescinded, terminated, abandoned or should be reformed nor shall such circumstances be the basis for Contractor, or any Subcontractor or Sub-subcontractor, of any Tier, to recover any compensation or damages not permitted by, or in excess of that allowed under, the Contract Documents.

7.1.7 City shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order, and shall be binding on City and Contractor. Contractor shall carry out such written orders promptly.

7.2__CHANGE ORDERS AND CHANGE ORDER REQUESTS Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos)

7.2.1 Contractor may request adjustments to the Contract Sum or Contract Time if, and only if, Contractor follows the procedures specified in the Contract Documents, including without limitation, the procedures set forth in this Article 7.2. If requested by City or Construction Manager, or if Contractor believes that it is entitled to an adjustment of the Contract Sum or Contract Time due to Extra Work, Contractor shall submit to City and the Construction Manager a Change Order Request in writing within seven (7) Days after the occurrence of the circumstances giving rise thereto setting forth the circumstances that are the basis of the Change and Contractor's estimate of the additional Allowable Costs associated with the Extra Work in the form required by the General Conditions, Special Provisions and Technical Specifications and Contractor's proposed adjustments of the Contract Sum and the Contract Time, if any, for performing the Extra Work. If Contractor's Change Order Request includes a request for adjustment to the Contract Time, it shall include such information as required by the General Conditions and/or Special Provisions and Technical Specifications, including but not limited to a "Fragnet' or "time impact analysis," which identifies all critical and non-critical activities affected by the Change Order Request and showing logic ties into all existing affected activities noted on the latest approved, updated Construction Schedule.

7.2.2 In the event that the parties are unable to agree as to the reasonable cost and time to perform a Change to the Work based upon Contractor's Change Order Request and City does not elect to have the Change in the Work performed on a time and material basis, City may, in its discretion, either order performance of the Work by Field Order or Public Works | General Conditions Construction | April 2022 45 | Page Packet Pg. 112
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make a unilateral determination of the reasonable additions or savings in cost and time attributable to the Change in the Work, based upon City's estimate, Contractor's submission or a combination thereof. A Change Order shall be issued for the amounts of cost and time determined by City and shall be promptly performed by Contractor. City's unilateral determination shall become binding upon Contractor unless Contractor submits a Claim in writing to City within twenty-one (21) Days of the issuance of the Change Order.

No dispute, disagreement, nor failure of the parties to reach agreement regarding the amount, if any, of any adjustmentto the Contract Sum or Contract Time due to a Change in the Work, shall relieve Contractor from the obligation to proceed with performance of the Work, including, without limitation, performance of the Change, promptly and expeditiously.

7.2.3 Changes involving Extra Work that City elects to have performed on a time and material basis shall be performed, whether by Contractor's forces or the forces of Subcontractors or Sub-Subcontractors, based on actual Allowable Costs in performing the Change in the Work and with mark-ups in accordance with Section 7.3 of the Contract.

Contractor shall submit on a daily basis to the Construction Manager daily time and material tickets to include the identification number assigned to the Change; the location and description of the Change; the classification of labor employed (and names and social security numbers if requested); the materials used; the equipment rented (not tools); and such other evidence of cost as the Construction Manager may require. The Construction Manager may require authentication of all time and material tickets and invoices by EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) persons designated by the Construction Manager for such purpose. The failure of Contractor to secure any required authentication shall, if City elects to treat it as such, constitute a waiver by Contractor of any right to adjustment of the Contract Sum for the cost of all or that portion of the Extra Work covered by a non-authenticated ticket or invoice. The adjustment to the Contract Sum for the Extra Work will be based on the accumulation of Allowable Costs as provided in Article 7.2.5 below. It is Contractor's responsibility to review the Change Order Request invoicing of Contractor and Subcontractors and Sub-subcontractors for accuracy of Subcontractor Markups as defined in Section 7.3 (Compensation to Contractor) of the Construction Contract.

7.2.4 Adjustments to the Contract Sum for Changes for which Contractor is entitled to an adjustment of the Contract Sum by Change Order shall be computed at City's sole election on the basis of one or more of the following:
(i) Unit prices stated in the Contract Documents or agreed upon by City and Contractor, which unit prices shall be deemed to include Contractor Markup and Subcontractor/Sub-subcontractor Markups permitted by Section 7.3 (Compensation for Extra or Deleted Work) of the Construction Contract.
(ii) A lump sum agreed upon by City and Contractor, based on the estimated Allowable Costs and Contractor Markup and Subcontractor/Sub-Subcontractor Markup computed in accordance with Section 7.3 (Compensation for Extra or Deleted Work) of the Construction Contract.

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(iii) Contractor's Allowable Costs, plus Contractor Markup and Subcontractor/Sub- subcontractor Markups applicable to such Extra Work computed in accordance with Section 7.3 (Compensation for Extra or Deleted Work) of the Construction Contract.

7.2.5 Allowable Costs shall mean only those costs listed in, and substantiated and documented in accordance with, this provision and that are not disallowed pursuant to Articles 7.2.6, 1.2.11 or other provisions of the Contract Documents. Allowable Costs are the actual costs necessarily incurred by Contractor and all Subcontractors and Sub- subcontractors, of every Tier, that actually perform the Extra Work caused by the Change(s) and that are incurred in the direct performance of the Extra Work or that are saved by reason of Deleted Work, and are strictly limited to the following:
.1 Labor. The actual straight-time (and the premium time portion of overtime, if approved in writing in advance by City or the Construction Manager) wages or salaries for employees employed at the Site, or at fabrication sites off the Site, plus employer payments collectively referred to as "Fringe Benefits and Payroll Taxes," of payroll, taxes and insurance, health and welfare pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessments or ben efits required by lawful collective bargaining agreements. The use of a labor classification, which would increase the Allowable Costs will not be permitted unless Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be payable under this provision only when such costs are not included in the invoice for equipment rental.

Material. The cost of materials and consumable items which are furnished and Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) incorporated into the Work at invoice or lowest current price at which such materials are locally available and delivered to the Site in the quantities involved, plus sales tax, freight and delivery. City reserves the right to approve materials and sources of supply, or to supply materials to Contractor, if necessary, for the Work. No markup shall be applied to any material provided by City. Material re-stocking charges shall be limited to 5% of the amountof material. All discounts, rebates and refunds from the sale of surplus materials and consumable items shall accrue to City, and Contractor shall make provision so that they may be obtained.
.3 Tool and Equipment Rental. Rental charges for necessary machinery and equipment, whether owned or hired, as authorized in writing by City or the Construction Manager, exclusive of hand tools. No payment will be made for the use of tools that have a replacement value of $500 or less. When the equipmentis owned by Contractor, the rental rate shall be as listed for such equipment in the California Department of Transportation publication entitled "Labor Surcharge and EquipmentRental Rates," which is in effect on the date the Work is accomplished. When equipmentis not listed in said publication, the rate to be paid shall be as herein defined, or a suitable rental rate for such equipment will be established by the Construction Manager. Regardless of ownership, the rates to be used in determining equipment rental cost shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the work is performed. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance and all incidentals. If equipment is used intermittently, when not in Public Works | General Conditions Construction | April 2022 47 | P a ge Packet Pg. 114
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use it shall be returned to its rental source unless Contractor elects to keep it at the Site at no expense to City. The reported rental time for equipment already at the Site shall be the duration of its use on the Extra Work, commencing at the time it is first put into actual operation on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site.
.4 Royalties and Permits. Costs of royalties and permits solely related to the Extra or Deleted Work.

Insurance and Bonds. Additional costs of insurance and bonds, not to exceed two percent (2%) of the total of Parts.1 through. 4, above. (7565: 2800 Airport Ave Project Mod Olympos)

7.2.6 Extra Work Costs shall not include any of the following, which are construed to be included in Contractor's Markup:
(i) Superintendent(s).
(Ii) Assistant Superintendents).
(iii) Project Engineer(s).
(iv) Project Manager(s).
(V) Scheduler(s).
(vi) Estimator(s).
(vii) Drafting or detailing.
(viii) Small tools (with a replacement value under $500). (ix) Home or field office expenses, including staff, materials, and supplies. (x) Trailer or storage rental and expense, whether on the Site or off the Site. Attachment:_EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (xi) Data processing personnel and equipment.
(xii) Site fencing.
(xili) Utilities, including, without limitation, gas, electric, sewer, water, telephones. (xiv) Telephone, facsimile, e-mail and copier.
(xv) Overhead, administrative, or general expenses of any kind. (xvi) Loss of efficiency or productivity, or other impact cost due to the effect of the Extra Work on the performance of other Work or the Work of other trades on the Project.

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(xvii) Capital expenses, including interest on capital employed in connection with Extra Work.
(xviii) Legal costs.
(xix) Federal, State, or local income and franchise taxes. (xx) Profit.
(xxi) Any Extra Work Costs incurred more than twenty (20) Days prior to submission by Contractor of its Change Order Request pursuant to Article 7.2.1. (7565: 2800 Airport Ave Project Mod Olympos)
(xxii) Cost of any item not specifically and expressly included in the items described in Article 7.2.5.

7.2.7 The term "Contractor Markup" shall mean the full amountof compensation for all costs and expenses including overhead and profit not included in the Allowable Costs, whether or not referred to in Article 7.2.5. Contractor Markup shall be computed as provided in Section 7.3 (Compensation for Extra or Deleted Work) of the Construction Contract.

7.2.8 For Work to be omitted by Change Order, the reduction of the Contract Sum shall be computed on the basis of one or more of the following:
(i) Unit prices stated in the Contract Documents or agreed upon by City and Contractor.
(ii) A lump sum agreed upon by City and Contractor, based upon the estimated Allowable Costs that would have been incurred in performing the Deleted Work, plus Contractor Markup provided for in the Construction Contract. (iii) A sum unilaterally determined by City, if City and Contractor cannot agree upon one or both of the methods described in paragraphs (i) or (ii), above.

7.2.9 No Claim by Contractor for adjustment of the Contract Sum shall be allowed if asserted after final payment under the Construction Contract.

7.2.10 If anyone Change involves both Extra Work and Deleted Work in the same portion of the Work, the Contractor Markup to be added or credited will be based on the net difference between amount allowed for the Extra Work and Deleted Work.

7.2.11 The Contract Sum will be adjusted for Delay only if and to the extent allowed by the Contract for Compensable Delay. Contractor agrees to accept such adjustments in Attachment:
its compensation as its sole and exclusive remedy and recovery for Delay, disruption, hindrance, interference, loss of productivity, labor or material cost escalations, inefficiency, acceleration, impact costs associated with the effect of the Changes on the Work, extended or extraordinary overhead (direct or indirect) or other Losses or damages due to Delay, of any kind.

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7.2.12 City has the right to increase or decrease the quantity of any unit price item for which an estimated quantity is stated in the Bid Documents.

7.2.13 The signing of a Change Order indicates that the parties have reached a full resolution, settlement and accord and satisfaction with respect to all Claims for cost and extensions of time that were asserted, or that could have been asserted, in connection with the Change, whether known or unknown at the time of execution of the Change Order, and that are related to the subject matter of the Change Order, including, without limitation, all Claims, costs or damages for Delay, disruption, hindrance, interference, extended or extraordinary direct and indirect overhead, multiplicity of Changes, loss of productivity, labor or material cost escalations, inefficiency, the impact of the Change on the Work, legal expenses, consultant costs, interest, lost profits or revenue, bond or insurance costs, currency fluctuations, changes in taxes or other related Claims, costs or damages. Change Orders shall be executed by Contractor without any express reservation of rights by Contractor to reserve for the future the right to assert or recover from City any such Claims, costs or damages.

7.2.14 Contractor's cost breakdowns submitted with its Change Order Requests (including, without limitation, requests for cost reimbursement for Delay, disruption, hindrance and interference associated with extras, Changes, additions or deletions) shall be itemized in a manner that, with mathematical certainty and without reliance upon probabilities or inferences, segregates the direct, actual reimbursable costs associated _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) with each individual extra, Change, addition, deletion and (on an event-by-event basis) each individual Delay or disruption event. Change Order Requests shall not be based, in whole or in part, upon any methodology (such as total cost or modified total cost methodologies) that purports to calculate Contractor's additional costs of performance of the extra, Change, addition or deletion (including, without limitation, the additional costs of Delay, disruption or other impact) based on the difference between Contractor's total actual Project or line item costs and its original bid estimate for the Project or any original bid estimate line item. In connection with the foregoing, Contractor represents and warrants that it has the ability to generate and maintain complete and accurate cost accounting records that will reflect:
(i) The actual Allowable Costs incurred or saved for each individual item of Extra Work or Deleted Work and
(ii) On an event-by-event basis, the effect of each Delay that forms the basis of each request for extension of time, regardless of their scope, number, complexity, cumulative effect or time of issuance or occurrence.

7.2.15 As a further condition of Contractor's right to an adjustment of the Contract Sum for Extra Work, Contractor must keep daily, detailed and accurate records itemizing each Attachment:
element of Extra Work Cost and shall provide substantiating records and documentation, including time cards, invoices and delivery tickets listing all labor, materials, and equipment involved for that day. Failure to submit such records daily shall waive any rights for recovery of Allowable Costs for that day. Such records and documentation shall be submitted to and Approved by Construction Manager on a daily basis.

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7.3_FIELD ORDERS

1.3.1 Upon receipt ot a Field Order, Contractor shall, within a reasonable time, proceed with the Work described in the Field Order. If the Field Order involves Extra Work and sets forth a determination for adjustment of the Contract Sum or Contract Time with which Contractor disagrees, Contractor shall advise City of its agreement or disagreement in writing within seven (7) Days of such receipt. Failure by Contractor to provide such written Project Mod Olympos) notice shall result in its waiving any right to adjustment of the Contract Sum or Contract Time on account thereof.

7.4_DISPUTES REGARDING CHANGES
Provided that City pays to Contractor all undisputed sums due under the Contract Documents for Work performed under Change Orders, Contractor shall not delay, slow, interrupt, or suspend the performance of any Work or any Change because of a dispute 7565: 2800 Airport Ave between the parties with respect to an adjustment in the Contract Sum or Contract Time.

ARTICLE 8 - CONTRACT TIME

8.1_ _COMMENCEMENT OF THE WORK

8.1.1 Commencement of the Work shall begin on the date specified in the Notice to Proceed.

GC_Contract_-_2800_

8.2 PROGRESS AND COMPLETION

8.2.1 By signing the Contract, Contractor represents to City that the Contract Time is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.
.1 The Construction Schedule may reflect a period of performance that is shorter than the Contract Time; provided however, that the difference shall be deemed as float and nothing in this provision or in any other provision of the Contract Documents shall be construed as creating any contractual right, express or implied, on the part of Contractor to finish the Project earlier than the Contract Time and under no circumstances shall City be liable to Contractor for any costs, damages or compensation due to the inability of Attachment: _EXECUTED_DocuSign_SP2686_-_( Contractor to complete the Work earlier than the Contract Time, regardless of the cause, including, without limitation, acts or omissions (intentional or negligent) of City. .2 Contractor has included in its Bid price the costs of all Contractor and Subcontractor overhead (direct and indirect) and Special Provisions and Technical Specifications, including but not limited to all Project staff, temporary facilities, temporary utilities, and home office overhead for the entire duration of the Contract Time. The above costs must be included in Contractor's Bid notwithstanding Contractor's anticipation of completion in fewer days than established by the Contract Time.

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.3 No increase in the Contract Sum shall be made or granted for Compen sable Delay if, for any reason including but not limited to Delay caused by City, Contractor completes the Work before expiration of the Contract Time.
.4 No reduction in the Contract Sum shall be made nor will Contractor be required to remain on the Project Site if the Work is completed before expiration of the Contract Time. .5 The Construction Manager will schedule and hold weekly progress meetings and Project Mod Olympos) other meetings to be required by progress of the Work as determined by the Construction Manager. Contractor and/or Contractor's designee shall be present at each meeting.

Contractor may also be requiredto request attendance by representatives of its suppliers, manufacturers and Subcontractors.

8.2.2 Except by agreement or instruction of City in writing, Contractor shall not commence operations on the Site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by Contractor. Contractor's obligations to commence the Work and to complete the Work within the Contract Time shall not be changed by the effective date of such insurance.

8.2.3 Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If City determines and notifies Contractor that Contractor's progress is such that Contractor will not complete the Work within the Contract Time, Contractor shall, immediately and at no additional cost to City, take all measures necessary, including working such overtime and additional shifts (other than City's normal working hours of 8:00 AM to 6:00 PM, Monday through Friday and 9:00 AM to 5:00 PM on Saturday), to ensure that the Work is Substantially Completed within the Contract Time. Upon receipt of such notice from City, Contractor shall immediately _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave respond in writing setting forth a detailed plan for accelerating the Work in a manner acceptable to City. Contractor shall not be entitled to any reimbursement or payment of costs, expenses or damages incurred as a result of an acceleration of the Work that is performed pursuant to this provision. City may also take all necessary measures to ensure no further Delays to the Substantial Completion of the Work within the Contract Time. Contractor shall reimburse City, or City may withhold from payment due to Contractor, sums expended by City to perform such measures.

8.2.4. During unfavorable weather, wet ground or other unsuitable construction conditions, Contractor shall confine the operations to Work that will not be affected adversely by such conditions. No portion of the Work shall be constructed under conditions which would affectadversely the quality thereof or be detrimental to the quality of water discharges, unless special means or precautions are taken by Contractor to perform the Work in a proper and satisfactory manner.

8.3_ _DELAY
Attachment:

8.3.1 Contractor may make a Claim for an extension of the Contract Time, for an Excusable Delay or a Compensable Delay, subject to the following:

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.1 In order to avoid double counting concurrent Delays, if an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract Time shall be the number of days from the commencement of the first Delay to the cessation of the Delay which ends last.

If an Unexcused Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Project Mod Olympos) Unexcused Delay.

If an Unexcused Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension of the Contract Time shall be the number of Days, if any, by which the number of Days determined pursuant to Article 8.3.1.2 exceeds the number of Days of the Unexcused Delay.

8.3.2 As a condition precedent to Contractor's right to an extension of Time adjusting (7565: 2800 Airport Ave the Contract Time and the Contract Sum for Compensable Delay, it must provide written notice to City within seven (7) Days of the date that Contractor learned of the Delay or should have learned of the Delay in exercise of diligence and reasonable care, setting forth:
(i) A description of the Delay;
(ii) A statement that the Delay is critical to completion; (iii) The probable effect of the Delay in terms of the number of Days' extension Contractor believes are required to the Contract Time;
(iv) An itemization of Contractor's asserted direct costs resulting from the Compensable Delay, if any;
(v) An itemization of Contractor's asserted field overhead costs resulting from the Compensable Delay, if any;
(vi) An itemization of Contractor's asserted unabsorbed home office overhead resulting from the Compensable Delay, if any; and
(vii) An itemization of Contractor's asserted increased general conditions costs resulting from the Compensable Delay, if any.

It is agreed that the form, content and timeliness of the written notice required by Article

8.3.2 is of the essence to City's ability to adequately monitor the progress of the Work, to differentiate between critical and non-critical Delays, and to prioritize its actions in a manner that is appropriately targeted to mitigate the effect of delays. Accordingly, Attachment:

Contractor agrees that failure to provide written notice in the manner required by Article

8.3.2 shall be conclusively deemed a waiver of the right to an adjustment of the Contract Sum and Contract Time on account thereby, regardless of whether the circumstances of the Delay may have been known or suspected by City or the Construction Manager and Public Works | General Conditions Construction | April 2022 53 | Page Packet Pg. 120
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that no other form of notice (including, without limitation, meeting minutes, log entries or schedule updates) shall suffice as constituting notice to City in accordance with Article

8.3.2. 8.3.3 For a Compensable Delay, Contractor shall be entitled to an adjustment in the Contract Sum equal to the sum of items (iv) - (vii) of Article 8.3.2 as verified by the Construction Manager. Any adjustment in the Contract Sum shall be Contractor's sole and exclusive right and compensation to cover all costs and damages to Contractor and to its Subcontractors and Sub-subcontractors, of every Tier, for Compensable Delays and all other Claims for costs, acceleration, expenses, Losses, damage or compensation, of any kind, for additional supervision, administration, extended or extraordinary overhead (direct or home office), additional insurance or bond costs, loss of productivity, (7565: 2800 Airport Ave Project Mod Olympos) inefficiency, labor, wage, material or equipment escalation, or other costs, expenses or damages due to Delay, interruption, hindrance, compression, disruption, orthe impact or ripple effect of Delays on the Work, are conclusively waived.

8.3.4 The parties agree that City's exercise of its rights to order Changes, whetheror not resulting in Extra Work, regardless of the extent and number of Changes, or to suspend the Work, is within the contemplation of the parties.

8.3.5 The determination of whethera Delay is an Excusable Delay, Compensable Delay or Unexcused Delay shall not be affected by the fact that any earlier Delay occurred, regardless of fault or causation.

8.3.6 All time limits stated in the Contract Documents are of the essence. GC_Contract_-_2800_ ARTICLE 9 - PAYMENTS AND COMPLETION

9.1_ SCHEDULE OF VALUES

9.1.1 Within thirty (30) Days after signing the Contract, but in any event a maximum of ten (10) Days of receipt of the Notice to Proceed, Contractor shall submit to City through the Construction Managera Schedule of Values reflecting costbreakdown of the Con tract Sum in a form approved by the Construction Manager. The Schedule of Values shall itemize as separate line items the cost of each scheduled Work activity and all other costs, including warranties, Record Documents, insurance, bonds, overhead and profit, the total of which shall equal the Contract Sum and shall be made out in a form approved by the Construction Manager. The Schedule of Values, when approved by City, shall become the basis for determining the cost of Work requested on Contractor's Applications For Payment. Contractor shall submit a statement based upon this breakdown, and if required, itemized in such form and supported by such evidence as the Construction Manager may direct, showing Contractor's right to the payment claimed.

Attachment:

9.2 PROGRESS PAYMENT
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9.2.1 Subject to City's right of withholding under Article 9.4.2, City agrees to pay to Contractor within thirty (30) Days of receipt of an undisputed and properly submitted Application for Payment an amount equal to ninety-five percent (95%) of the sum of the following:
(i) Construction Manager's determination of the value, expressed as a percentage of the Contract Sum, of the Work in permanent place that has been tested as of the end of the preceding month.
(ii) Plus Construction Manager's determination of the value of materials suitably stored but not yet incorporated into the Work, subject to Article 9.3.6. (7565: 2800 Airport Ave Project Mod Olympos)
(iii) Less amounts previously paid.

9.2.2 At any Time after 50% of the Work has been determined by City to be completed, if City determines in its sole discretion that satisfactory progress on the Work is being made, City may, in its sole discretion, make any of the remaining progress payments in accordance with the calculation in Article 9.2.1 based on 100% of City's determination of the value of the Work in place and of stored materials not incorporated.

9.2.3 Progress payments shall not be construed as City's Acceptance of any or all of the Work and shall not be a waiver of any or all rights City has underthe Contract Documents.

9.3 APPLICATION FOR PAYMENT

9.3.1 At the end of each month, Contractor shall submit to City an itemized Application for Payment, requesting payment for Work as of the end of that month that is calculated in accordance with the formula for payment set forth in Article 9.2.1. The Application for Payment shall be prepared:
(i) Utilizing the format as designated by City or the Construction Manager. (ii) Itemized in accordance with the Schedule of Values. (iii) Including such data substantiating Contractor's right to payment as City may reasonably require, such as invoices, certified payrolls, daily time and material records, and, if securities are deposited in lieu of retention pursuantto Article 9.5, a certification of the market value of all such securities as of a date not earlier than five (5) Days prior to the date of the Application for Payment.
(iv) Showing itemized amounts for Change Orders, Modifications and retention.

9.3.2 Applications for Payment shall not include requests for payment on account of Changes which have notbeen authorized by Change Orders or amounts Contractor does Attachment:
not intend to pay a Subcontractor because of a dispute or other reason.

9.3.3 If required by City, an Application for Payment shall be accompanied by all of the following:

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A summary showing payments that will be made to Subcontractors covered by such application.
(ii) Conditional waivers and releases of claims and stop notices from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the current Application for Payment covering sums requested in the current Application for Payment.
(iii) Unconditional waivers and releases of claims and stop notices, from Contractor and each Subcontractor and Sub-subcontractor, of every Tier, listed in the preceding Application for Payment covering sums disbursed pursuant to that preceding (7565: 2800 Airport Ave Project Mod Olympos) Application for Payment.

9.3.4 Contractor warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests and encumbrances in favor of Contractor, Subcontractors, Sub-subcontractors, of every Tier, or other persons or firms entitled to make claims by reason of having provided labor, materials or equipment relating to the Work.

9.3.5 The making of final payment shall constitute a waiver of all Claims by City except those arising from unsettled liens, faulty or Defective Work, failure of the Work to comply with the requirements of the Contract Documents or terms of any special guarantees required by the Contract Documents.

9.3.6 Atthe sole discretion of City, the Construction Manager may approve for inclusion in Contractor's Application for Payment the cost of materials to be incorporated in the Work but not yet in corporated in the Work and already delivered and suitably stored either at the Site or at some other appropriate location acceptable to City. In such case, Contractor shall furnish evidence satisfactory to City:
(i) Of the cost of such materials.
(ii) That such materials are underthe exclusive control of Contractor, or if not, that title to the materials is in City, free of any lien or encumbrance and that the materials are safely and suitably stored in a bonded warehouse with appropriate insurance coverage satisfactory to City to cover any Loss.

Any payment pursuant to this provision shall not be construed as an inspection or acceptance of the materials nor shall it relieve Contractor of its continuing and sole responsibility for the care and protection of such materials nor shall it relieve Contractor from sole responsibility for any loss or damage to the materials from any cause whatsoever nor act as a waiver of the right of City to require strict fulfillmentby Contractor with all terms of the Contract Documents.

9.3.7 City shall have the right, in its sole discretion, to make payments of monies owing to Contractor by means of direct payment to Subcontractors or Sub-subcontractors, of Public Works | General Conditions Construction | April 2022 56 | Page Packet Pg. 123
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any Tier of any un paid work performed by any Subcontractoror Sub-subcontractorof an y Tier, or by joint payment to Contractor and to Subcontractors or Sub-subcontractors, of any Tier. The making of such payments shall not be construed as the assumption of any obligation on the part of City or as creating any contractual relationship between City and any Subcontractor or Sub-subcontractor and shall not relieve Contractor of any of its obligations under the Contract Documents. Olympos)

9.4 _CERTIFICATE FOR PAYMENT
Mod

9.4.1 If Contractor has made an Application for Payment in accordance with Article 9.3, the Construction Manager will, not later than seven (7) Days after the date of receipt of Project an Application for Payment prepared and submitted in accordance with the Contract Documents, issue to City, with copy to Contractor, a Certificate for Payment in such Ave amount as the Construction Manager determines is due.

If Construction Manager determines that Contractor's Application for Payment has not been properly prepared or submitted, then Construction Manager, within the seven (7) (7565: 2800 Airport Day period provided for in Article 9.4.1, notify Contractor in writing of the reasons why the Application for Payment is being rejected.

9.4.2 Approval of all or any part of an Application for Payment may be withheld, a Certificate For Payment may be withheld or all or part of a previous Certificate For Payment may be nullified and that amount withheld from a current Certificate For Payment in order to protect City against actual or threatened loss as a result of any of the following: GC_Contract_-_2800_
(i) Defective Work not remedied.
(ii) Third-party claims against Contractor or City arising from the acts or omissions of Contractor, Subcontractors, or Sub-subcontractor, of any Tier. (ill) Stop notices.
(iv) Failure of Contractor to make timely payments due Subcontractors for material or labor.
(v) A reasonable doubt that the Work can be completed for the balance of the Contract Sum then unpaid.
(vi) Damage to City or Separate Contractor for which Contractor is responsible. (vii) Reasonable evidence thatthe Work will notbe completed within the Contract Time. (viii) Failure of Contractor to maintain and update As-Built or Record Documents. Attachment:
(ix) Failure of Contractor to submit schedules, reports, or their updates as required by the Contract Documents.

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(x) Performance of Work by Contractor without approved Submittals. (xi) Liquidated or actual damages assessed in accordance with the Construction Contract.
(xii) Contractor's failure to comply with prevailing wage requirements, including, without limitation, failure to submit certified payrolls or payroll documentation. (xili) Any other failure of Contractor to perform an obligation under the Contract Documents.

9.4.3 Subject to the withholding provisions of Article 9.4.2 and when any or all of the (7565: 2800 Airport Ave Project Mod Olympos) noted deficiencies or others have been removed, City shall pay Contractor the amount set forth in the Certificate for Payment in accordance with its normal disbursement procedures.

9.4.4 Neither City northe Construction Managershall have an obligation to pay or to see to the payment of money to a Subcontractor or Sub-subcontractors, of any Tier, except as may otherwise be required by Law.

9.4.5 Neither a Certificate for Payment nor any payment (progress or final) shall be construed as a waiver of any rights arising from Defective Work.

9.5. _DEPOSIT OF SECURITIES IN LIEU OF RETENTION AND DEPOSIT OF

RETENTION INTO ESCROW

9.5.1 At the request and expense of Contractor, a substitution of securities may be made as found in the California Government Code, Section 16430, and as authorized by the California Public Contract Code, Section 22300, in lieu of monies retained by City under Article 9.2 to ensure performance under the Contract Documents. Securities equivalent in value to the retention amount required by the Contract Documents for each Certificate For Payment shall be deposited by Contractor with a state or federally chartered bank in the State of California ("Escrow Agent"), which shall hold such securities pursuant to the Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ escrow agreement referred to in Article 9.5.3 until final paymentis due in accordance with Article 9.8. Securities shall be valued as often as conditions of the securities market warrant, but in no case less than once per month. Contractor shall deposit additional securities so that the current market value of the total of all deposited securities shall be at least equal to the total required amount of retention.

9.5.2 Alternatively to Article 9.5.1, and at the request and expense of Contractor, City shall deposit retention directly with the Escrow Agent. Contractor may direct the investment of such deposited retention into interest bearing accounts or securities, and such deposits or securities shall be held by the Escrow Agent upon the same terms provided for securities deposited by Contractor.

9.5.3 A prerequisite to the substitution of securities in lieu of retention or the deposit of retention into escrow shall be the execution by Contractor, City, and the Escrow Agent of an Escrow Contract for Depositof Securities in Lieu of Retention and Depositof Retention Public Works | General Conditions Construction | April 2022 58 | Pa ge Packet Pg. 125
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forms provided by City. The terms of such escrow agreement are incorporated into the requirements of Article 9.5.

9.5.4 Release of funds or securities from escrow shall be made with Contractor's final payment.

9.6_ _BENEFICIAL OCCUPANCY

9.6.1 City reserves the right, at its option and convenience, to occupy or otherwise make use of all or any part of the Work, at any time prior to issuing the Certificate of Substantial Completion, upon thirty (30) Days notice to Contractor. Such occupancy or use is herein referred to as "Beneficial Occupancy." Beneficial Occupancy shall be subject to the following conditions:
.1 City, Design Consultant and Construction Manager will make an inspection of the portion of the Work to be beneficially occupied and prepare a list of items to be completed or corrected prior to Substantial Completion.
.2 Beneficial Occupancy by City shall not be construed by Contractor as Acceptance by City of that portion of the Work which is to be occupied. City may, however, at its sole option, relieve Contractor of Contract requirements to protect Work being beneficially occupied by City where such relief is specifically designated by City in writing. .3 Beneficial Occupancy by City shall not constitute a waiver of existing Claims of City or Contractor against each other. Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) .4 Contractor shall provide, in the areas beneficially occupied and on a continual operated. Contractor shall submit to City an itemized list of each piece of equipment so operated with the date operation commences.
.5 The Guarantee to Repair Periods, as defined in Article 12.2, will commence upon the first dates of actual occupancy or use of portions of the Work actually occupied and equipment or systems fully utilized.
.6 City shall pay all normal operating and maintenance costs resulting from its use of equipment in areas beneficially occupied.

City shall pay all utility costs which arise out of the Beneficial Occupancy. .8 Contractor shall not be responsible for providing security in areas beneficially occupied.
.9 City shall use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Contractor's remaining Work.

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•10 Contractor shall not be required to repair damage caused by City in its Beneficial Occupancy.
.11 Except as provided in Article 9.6, there shall be no added cost to City due to Beneficial Occupancy.
.12 Contractor shall continue to maintain all insurance required by the Contract in full force and effect.

9.7_SUBSTANTIAL COMPLETION

9.7.1 When Contractor gives notice to City that the Work, or portion thereof designated by City for separate delivery, is Substantially Complete, unless City determines that the Work or designated portion thereof is not sufficiently complete to warrant an inspection to determine Substantial Completion, City will inspect the Work, or such designated portion thereof, and prepare and give to Contractor a comprehensive list of items, if any, to be completed or corrected before establishing Substantial Completion. Contractor shall promptly proceed to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of Contractorto complete all Work in accordance with the Contract Documents. City will then make a further inspection to determine whetherthe Work or such designated portion thereof is Substantially Complete. If City's inspection discloses any item, whether or not included on the list, which must be EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) completed or corrected before Substantial Completion, Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. Contractor shall then submit a request for another inspection by City to determine Substantial Completion.

9.7.2 When City determines that the Work or such designated portion thereof is Substantially Complete, City will prepare a Certificate of Substantial Completion on City's form, which when signed by City shall establish the date of Substantial Completion and the responsibilities of City and Contractor for security, maintenance, heat, utilities, insurance, completion of minor items and correction or repair of the Work or such designated portion thereof. Unless otherwise provided in the Certificate of Substantial Completion, the Guarantee To Repair Period for the Work (which is defined in Article

12.2.1), or such designated portion thereof covered by the Certificate of Substantial Completion, excluding any systems provided by Separate Contractors which are not yet fully operational or accepted by City, shall commence on the date of Substantial Completion of the Work or such designated portion thereof. The Guarantee To Repair Period for systems which become fully operational or Accepted subsequentto Substantial Completion will begin on the later of the date they are operational or Acceptance of the Project by City.

9.8 FINAL COMPLETION AND FINAL PAYMENT
Attachment:

9.8.1 Upon receipt of notice from Contractor that the Work is ready for final inspection, City will make such inspection. City will file a notice of completion within ten (10) Days after Acceptance by City. After receipt of the Final Application for Payment, if City determines that Final Completion is achieved, City will issue a Certificate for final payment Public Works | General Conditions Construction | April 2022 60 | Page Packet Pg. 127
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and release undisputed retention no later than 60 days after the date of completion of the Work.

9.8.2 Withoutlimitation to any other provisions of the Contract Documents, before final payment for Work under this Construction Contract is authorized, the Work has been completed in accordance with the Contract Documents and all applicable standards of care and the following requirements of the Contract Documents must be fulfilled by Contractor:
(i) The submittal of an Application for Final Payment, together with supporting documentation, as required by Article 9.3.
(ii) Completion and delivery by Contractor to City of all required written guarantees, warranties, operation and maintenance manuals, As-Built Documents and other Record Documents and such other documents as required by the Contract Documents. (iii) Delivery by Contractor to City of an affidavit, signed under penalty of perjury, stating that all workers and persons employed, all firms supplying the materials, and all Subcontractors and Sub-subcontractors, of every Tier, have been paid in full; and that there are no bills outstanding against the Work for either labor or materials, except certain items, to be set forth in such affidavit covering disputed claims or items in connection with which notices to with hold have been filed under the provisions of the EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) statutes of the State of California.
(iv) Completion of all construction work in a manner acceptable to City. (v) Submission of conditional releases of claims and stop notices upon final payment from Contractor and its Subcontractors and Sub-subcontractors, of every Tier, with no reservation of rights for disputed claims or amounts. Contractor shall pay or cause to be paid to Subcontractors and Sub-Subcontractors, of every Tier, the amount stated in the conditional releases within five (5) Days after receipt of the final payment, and shall promptly thereafter furnish evidence of such payment to City.

9.8.3 Acceptance of final payment by Contractor shall constitute a waiver of all Claims, except those previously made in writing and identified by Contractor as unsettled at the time of the Application for Final Payment.

9.8.4 City shall have the right, in its sole discretion, to make payment of amounts retained from progress payments on the Work of any Subcontractor at any time prior to Final Completion. The making of such early payment of retention shall not be construed as creating any obligation on the part of City nor shall it relieve Contractor of any of its obligations under the Contract Documents.

ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY

10.1 _ SAFETY PRECAUTIONS AND PROGRAMS
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10.1.1 Contractor shall be solely and completely responsible forinitiating, maintaining and supervising all safety precautions and programs on the Site in connection with the performance of the Construction Contract, including safety of all persons for the duration of the Work, on a 24-hour day, 7-day week basis.

10.1.2 Prior to the start of construction, Contractor shall submit to City a copy of Contractor's safety program for the Project. A copy of this program shall be maintained on Site at all times. The safety program shall include, at a minimum:
(i) Management policy, illness and injury prevention program (as described below). Airport Ave Project Mod Olympos) (ii) Safety meetings.
(iii) Accident investigation.
(iv) Basic accident causes.
00 (V) Safety inspection check list. 28
(7565 :
(vi) Fire prevention and control.
(vii) Report forms.
(vill) Employee safety manual.

GC_Contract_-_2800_

10.1.3 Prior to the start of construction, Contractor shall submit to City a copy of an illness and injury prevention program as required by law. This program must be submitted prior to issuance by City of Notice to Proceed. It must include provisions for Contractor reviewing and monitoring all Subcontractor safety programs.

10.2 _SAFETY OF PERSONS AND PROPERTY SP2686_-_
-

10.2.1 Precaution shall be exercised at all times for the protection of persons and property. Contractor shall have available at the Site, copies or suitable extracts of "Construction Safety Orders" and "General Industrial Safety Orders" issued by the State Division of Industrial Safety. Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations.

10.2.2 Contractor shall immediately respond to notice from City of unsafe conditions, shall take adequate precautions for safety of persons on the Site, and shall provide adequate protection to prevent injury or Loss to the following:
(i) Employees involved in the Work and other persons who may be affected thereby. (ii) The Work in place and materials and equipment to be incorporated therein, whether in storage on or off the Site, under care, custody, or control of Contractor, Subcontractors, or Sub-subcontractors.

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(ili) Other property at the Site and adjoining property(ies).

10.2.3 Contractor shall promptly remedy damage and Loss (other than damage or Loss insured under property insurance required by the Contract Documents) to property caused in whole or in part by Contractor or its Subcontractors or Sub-subcontractors, of any Tier, or anyone for whose acts they may be liable and for which Contractor is responsible. An exception is Loss attributable to acts of the Construction Manager, City or Design Consultantor anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of Contractor or its Subcontractors or Sub-subcontractors, of any Tier.

10.2.4 Contractor shall erect and maintain, as required by existing conditions and (7565: 2800 Airport Ave Project Mod Olympos) performance of the Work, adequate safeguards for safety and protection, including providing adequate lighting and ventilation, posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

10.2.5 When use or storage of hazardous materials, equipment, or unusual methods are necessary for execution of the Work, Contractor shall exercise the utmost care and carry on such activities only under the supervision of properly qualified personnel.

10.2.6 Contractor shall be required to provide at the Site a member of Contractor's organization, typically the Superintendent, whose responsibility it shall be to provide instruction to persons present on the Site aboutprevention of accidents and overall jobsite safety. If Contractor has another individual responsible for these activities, Contractor shall notify City in writing.

10.2.7 Contractor shall be responsible for locating, providing, and coordinating the storage and staging of materials and equipment on-Site and off-Site and shall not load/store or permit any part of the Work on the Site to be loaded/stored so as to endanger the safety of persons or property.

10.2.8 Contractor shall protect its materials and the Work from damage in a manner Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ satisfactory to City and shall make good, without charge to City, all damage due to negligence in providing proper protection.

10.2.9 Contractor shall take necessary precautions to guard against and eliminate possible fire hazards and to prevent damage to the Work, building materials, equipment, temporary field offices, storage sheds and public and private property.

10.2.10 Contractor shall not permit the possession or use of alcohol or controlled substances on the Site.

10.2.11 Explosives may be used only when authorized in writing by City. Explosives shall be handled, used and stored in accordance with applicable regulations.

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10.3. _EMERGENCIES
In an emergency affecting the safety of persons or property, Contractor shall immediately act to prevent or minimize damage, injury or loss. Contractor shall immediately notity the Construction Managerand City, which notice may be oral, followed within twenty-four (24) hours after occurrence of the incident by written confirmation, of the occurrence of such an emergency and Contractor's action.

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ARTICLE 11 - INSURANCE AND BONDS

11.1 _CONTRACTOR'S INSURANCE

11.1.1 Prior to commencing the Work, Contractor shall procure and maintain at Contractor's own cost and expense, insurance as required in the Construction Contract between Contractor and City against claims for injuries to persons or damages to property which may arise out of or result from the performance of the Work by Contractor, its Subcontractors or Sub-subcontractors, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable.

11.2_BOND REQUIREMENTS

11.2.1 Within ten (10) Days after the issuance of the Notice of Award and prior to commencing Work on the Project, Contractor shall file with City Labor and Material Payment and Performance Bonds each in the amount of 100% of the Contract Sum. The bonds shall be duly executed by a responsible corporate surety authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Further, the bonds will be signed by both Contractor and Surety and properly notarized on the City's forms or such other forms as required by City. Should any bond required hereunder or any surety on such bond become or be determined by City to be Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave insufficient, it shall be replaced within ten (10) Days by a bond that fully complies with the requirements of Article 11.2. No further payments to Contractor for Work performed shall be made or due until Contractor has fully complied with the requirements of Article 11.2.

11.2.2 The Payment Bond shall remain in effect until Acceptance of the Work and payment of all Claims by Contractor, Subcontractors, or Sub-subcontractors, of any Tier, havebeen satisfied. The Performance Bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all Contractor's obligations under the Contract Documents, including, without limitation, all obligations that survive Final Completion or termination, such as, but not limited to Contractor's warranty and indemnity obligations.

11.2.3 Contractor shall promptly furnish such additional security as may be required by City to protect its interests and those interests of persons or firms supplying labor or materials to the Work.

11.2.4 Surety companies used by Contractor shall be, on the date the Contract is signed by City and at all times while the bonds are in effect, either California Admitted Sureties or listed in the latest published United States Treasury Department list of Companies Public Works | General Conditions Construction | April 2022 64 | P a ge Packet Pg. 131
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Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies and either have a current A.M. Best A VIll rating.

11.2.5 The premiums for all Bonds are included in the Contract Sum and shall be paid by Contractor.

11.2.6 The bonds shall name City as obligee.

Project Mod Olympos)

11.2.7 Change Orders, Field Orders, Modifications, Changes in the Work and adjustments in the scope of Work Contract Sum or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.

11.2.8 City and the Construction Manager shall have the right to communicate with Contractor's sureties with respect to matters that are related to Contractor's performance of its obligations underthe Contract Documents. Contractor shall be provided with a copy (7565: 2800 Airport Ave of all such written communications. Such communications shall not create or be interpreted as creating any contractual relationship between City or the Construction Manager and any such surety.

11.2.9 In the event of a significant (15% or more) increase in Contract Sum, replacement bonds totaling the new Construction Contract amount may be required by City.

ARTICLE 12 - DEFECTIVE WORK GC_Contract_-_2800_

12.1_UNCOVERING OF WORK

12.1.1 If a portion of the Work is covered contrary to City's request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by City, be uncovered for City's observation and be replaced at Contractor's expense without adjustment of the Contract Time or the Contract Sum.

12.1.2 If a portion of the Work has been covered, which is not required by the Contract Documents to be observed or inspected prior to its being covered and which City has not specifically requested to observe prior to its being covered, City may request to see such Work and it shall be uncovered and replaced by Contractor. If such Work is in accordance with the Contract Documents, the costs of uncovering and replacing the Work shall be added to the Contract Sum by Change Order; and if the uncovering and replacing of the Work extends the Contract Time, an appropriate adjustment of the Contract Time shall be made by Change Order. If such Work is not in accordance with the Contract Documents, Contractor shall pay such costs and shall not be entitled to an adjustment of the Contract Time or the Contract Sum.

Attachment:

12.2 _CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD
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12.2.1 Besides guarantees required elsewhere, Contractor shall guarantee in writing all Work for a period of one (1) year. This guarantee termed "Guarantee To Repair Period," is a period of one (1) year, unless a longer period of time is specified in the Special Provisions and Technical Specifications, commencing as follows:
(i) For any Work not described as incomplete in the Certificate of Substantial Completion, on the date of Substantial Completion.

Project Mod Olympos)
(ii) For space beneficially occupied or for separate systems fully utilized prior to Substantial Completion pursuant to Article 9.6, from the first date of such Beneficial Occupancy or actual use, as established an appropriate written authorization for Beneficial Occupancy.
(iii) Forall Work otherthan (I) or (ii) above, from the date of filing of notice of completion pursuant to Article 9.8.

12.2.2 Contractor shall (i) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period and (ii) replace, repair, or restore to City's satisfaction any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work, without any expense whatsoever to City. City will give notice of observed Defective Work with reasonable promptness, and Contractor shall promptly commence such correction, replacement, repair or restoration upon notice from City, but in no case later than seven (7) Days after receipt of such notice. Contractor shall diligenty and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration and all Losses resulting from such Defective Work, including additional testing, inspection and compensation for City's or _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave City's services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City's activities. Ordinary wear and tear, unusual abuse or neglect are excepted from this guarantee. Contractor shall notify City upon completion of repairs.

12.2.3 If immediate correction of Defective Work is required for life safety or the protection of property or, if in the opinion of City, Defective Work creates a dangerous condition or requires immediate corrections or attention to prevent further Loss to City or to prevent interruption of operations of City, City will attempt to give immediate notice to Contractor.

If Contractor cannot be contacted or does not comply with City's request for correction within a reasonable time as determined by City, City or Separate Contractors under City's direction, may, notwithstanding the provisions of this Article, proceed to make such corrections or provide such attention; and the costs of such correction or attention shall be charged against Contractor. Such action by City will not relieve Contractor of the guarantees provided in this Article or elsewhere in the-Construction Contract. Contractor shall replace, repair or restore to City's satisfaction any other parts of the Work and any Attachment:
other real or personal property, which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work.

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12.2.4 Contractor shall promptly remove from the Site those portions of the Work and materials which are notin accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City.

12.2.5 If Contractor fails to commence correction of Defective Work within seven (7) Days after notice from City or fails to diligently prosecute such correction to completion, City may correct the Defective Work in accordance with Article 2.4; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at Contractor's expense.

12.2.6 If Contractor fails to pay the costs of such removal and storage as required by Articles 12.2.4 and 12.2.5 within seven (7) Days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale or otherwise dispose of such material. Contractor shallbe entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensation for City's services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City.

12.2.7 Contractor's obligations under this Article are in addition to and not in limitation of its warranty under Article 3.5 or any other obligation of Contractor under the Contract Documents. Enforcement of Contractor's express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any Attachment:_EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565: 2800 Airport Ave Project Mod Olympos) other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work. Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents, which may be longer specified periods. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Contractorto correct the Work and in no way limits either Contractor's liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor's obligations under the Contract Documents.

12.3 _ACCEPTANCE OF DEFECTIVE WORK

12.3.1 Notwithstanding the provisions of Article 12.2 of these General Conditions, City shall have the option, at its sole discretion and by notice to Contractor, to accept Defective Work instead of requiring its removal or correction, in which case the Contract Sum shall be reduced by an amount equal to the difference between the value to City the Work would have had were it complete, correct and in conformity with the Contract Documents and the value to City of such Defective Work. Such option shall be exercised solely by notice to Contractor and shall not be implied from any act or omission by City or Construction Manager. If there are no remaining payments of the Contract Sum to be made to Contractor, or if the remaining payments and retention are insufficient to cover the amount of the reduction of the Contract Sum, Contractor shall promptly pay to City the amount of any such deficiency.

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4.B.e
ARTICLE 13 - STATUTORY REQUIREMENTS

13.1_NONDISCRIMINATION/EQUAL OPPORTUNITY

13.1.1 For purposes of this Article, the term Subcontractor shall not include suppliers, manufacturers, or distributors, except those who will actually perform work on the Site.

13.1.2 Contractor shall comply and shall ensure that all Subcontractors comply with the California Government Code, Section 12900, and the applicable sections that follow (7565: 2800 Airport Ave Project Mod Olympos)

13.1.3 Contractor agrees as follows during the performance of the Work:
.1 Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, ancestry, national origin, local custom, habit, sexual orientation, handicap, veteran's status, medical condition (as defined in the California GovernmentCode, Section 12926), marital status, or citizenship All applicants for employment and employees are to be treated without regard to their race, color, religion, sex, age, ancestry, national origin, local custom, habit, sexual orientation, handicap, veteran's status, medical condition (as defined in the Califomia Government Code, Section 12926), marital status, or citizenship. Such equal treatment shall apply, but not be limited to:
(i) Employment, upgrading, demotion, or transfer. GC_Contract_-_2800_ (ii) Recruitment or recruitment advertising.
(iii) Layoff or termination.
(iv) Rates of pay or other forms of compensation.
(v) Selection for training, including apprenticeship.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, the Notice of Equal Employment Opportunity (EEO) setting forth this provision.
.2 Contractor shall send to each labor union, with which it has a collective bargaining agreement or other contract or understanding, the letter of Concurrence and the Notice of Equal Employment Opportunity (EEO) advising them of Contractor's commitments under this provision; and Contractor shall post copies of the Notice of Equal Employment Opportunity (EEO) in conspicuous places available to employees and applicants for employment. The Notice of Equal Employment Opportunity (EEO) shall be in English and other applicable languages.
.3 Contractor and all Subcontractors will permit access to their records of employment, employment advertisements, application forms, and other pertinent data Public Works | General Conditions Construction | April 2022 68 |P a ge Packet Pg. 135
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4.B.e
and records by City or any appropriate City of the State of California designated by City for the purposes of investigation to ascertain compliance with this provision. The outcome of the investigation may result in the following:
a. A finding of willful violation of the provisions of this Construction Contractor of the Fair Employment Practices Act may be regarded by City as either of the following:
(i) A basis for determining that Contractor is not a "responsible bidder" as to future Project Mod Olympos) contracts for which such Contractor may submit bids.
(ii) A basis forrefusing to accept or considerthe bids of Contractor for future contracts. b. City may deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has done both of the following:
(7565: 2800 Airport Ave
(i) Investigated and determined that Contractor has violated the Fair Employment Practices Act.
(ii) Issued an order under the California Government Code, Section 12970, or obtained an injunction under the California Government Code Section 12973.

Upon receipt of such written notice from the Fair Employment Practices Commission, City may notify Contractor that, unless it demonstrates to the satisfaction of City within a stated period that the violation has been corrected, Contractor's bids on future projects will not be considered.
.4 Contractor agrees that, should City determine that Contractor has not complied with this provision, Contractor shall forfeit to City, as a penalty, for each day or portion thereof, for each person who was denied employmentas a result of such non-compliance, the penalties provided in Article 13.3 for violation of prevailing wage rates. Such penalty amounts may be recovered from Contractor; and City may deduct any such penalty amounts from the Contract Sum.
.5 Nothing contained in this provision shall be construed in any manner so as to prevent City from pursuing any other remedies that may be available at law.

Contractor shall meet the following standards for affirmative compliance and provide City with satisfactory evidence of such compliance upon City's request, which shall be evaluated in each case by City:
a. Contractor shall notify its Superintendent and other supervisory personnel of the nondiscrimination requirements of the Contract Documents and their responsibilities thereunder.
b. Contractor shall notify all sources of employee referrals (including unions, employment agencies, and the State of California Department of Employment) of the Public Works | General Conditions Construction | April 2022 69 | Page Packet Pg. 136
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nondiscrimination requirements of the Contract Documents by sending to such sources and by posting the Notice of Equal Employment Opportunity (EEO).

C. Contractor or its representative shall, through all unions with whom it may have agreements, develop agreements that:
(i) Define responsibilities for nondiscrimination in hiring, referrals, upgrading, and training.
(ii) Implement an affirmative nondiscrimination program, in terms of the unions' specific areas of skill and geography, such that qualified minority women, non-min onty women, and minority men shall be available and given an equal opportunity for employment.
d. Contractor shall notify City of opposition to the nondiscrimination requirements of the Contract Documents by individuals, firms or organizations during the term of the Contract.
.7 Contractor shall include the provisions of the foregoing Articles 13.1.3.1 through

13.1.3.6 in all subcontracts with Subcontractors, so that such provisions will be binding upon each such Subcontractor.

13.2 _STATE LABOR LAW

13.2.1 Contractor, its agents, and employees shall be bound by and comply with all Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) applicable provisions of the Labor Code and such federal, state and local laws which affect the conduct of the Work.

13.2.2 Contractor shall strictly adhere to the provisions of the Labor Code regarding the employment of apprentices; minimum wages; payment of wages; alien labor, the eight- hour day; overtime, Saturday, Sunday and holiday work; registration with the Department of Industrial Relations to maintain eligibility to work on public works; and nondiscrimination because of race, color, national origin, age, marital status, sexual orientation, disability, sex or religion. Contractor shall forfeit to City the penalties prescribed in the Labor Code for violations.

13.2.3 In accordance with the provisions of the Santa Monica Municipal Code, Chapter

7.28, City has ascertained that the general prevailing rate of wages and employer payments for health and welfare, vacation, pensions, and similar purposes applicable to the locality in which the Work is to be done are as set forth in that certain document entitled, "Prevailing Wage Scale," as indicated in the California Labor Code Part 7, Chapter 1 - Article 2, as determined by the Director of Industrial Relations. Applicable Prevailing Wage Rates and related information notlisted are to be obtained from the State of California by Contractor. Contractor shall post a copy of applicable exhibits/wage rates at each Site. Contractor to whom the Construction Contract is awarded and any Subcontractor agree to pay wages and benefits not less than said specified rates to all workers employed by them in the execution of the Construction Contract. A Contractor or Subcontractor who fails to do so shall be subject to withholding of contract payments Public Works | General Conditions Construction | April 2022 70 | P a ge Packet Pg. 137
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4.B.e
equal to the underpayment of required wages and benefits and subject to the penalties provided for in the California Labor Code, Section 1775. Contractor and each Subcontractor shall prepare and certify their payrolls on forms satisfactory and in accordance with instructions to be furnished by City.

13.2.4 In accordance with the Labor Code, prevailing wage rate determinations for the work to be done on this Project are maintained by the City.

13.2.5 In the event there is a determination that Contractor is in violation of prevailing wage requirements, Contractor shall reimburse City for all investigative costs incurred in addition to any other remedies provided under the Contract Documents.

13.3 _PAYROLL RECORDS

13.3.1 Contractor and all Subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journey worker, apprentice worker, or other employee employed in connection with the Work. All payroll records shall be certified as being true and correct by Contractor or Subcontractors keeping such records; and the payroll records shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:

EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) .1 A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or the employee's authorized representative upon request.

A certified copy of all Contractor and Subcontractor payroll records shall be made available for inspection upon request to City, the State of California Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the State of California Division of Industrial Relations. A certified copy of all payroll records shall be furnished to City or its representatives upon request.
.3 A certified copy of all payroll records shall be made available upon request by the public for inspection or copies thereof made; provided, however, that the request by the public shall be made to either City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal offices of Contractor or Subcontractors. Any copy of the records made available for inspection as copies and furnished upon request to the public or any public entity by City shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of Contractor awarded the Construction Contractor performing the Construction Contract shall not be marked or obliterated.

Attachment:

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4.B.e
4 As of April 1, 2015: contractors and subcontractors must upload electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

13.3.2 Contractor and all Subcontractors shall file a certified copy of the payroll records with the entity that requested the records within ten (10) Days after receipt of a written request. Contractor shall inform City of the location of such payroll records for the Project, including the street address, city, and county; and Contractor shall, within ten (10) days, provide notice of change of location of such records. In the event of noncompliance with the requirements of Article 13.3 or with the California Labor Code Section 1776, Contractor and its Subcontractors shall have ten (10) Days in which to comply following receipt of a notice specifying in what respects Contractor must comply. Should non- Airport Ave Project Mod Olympos) compliance still be evident after the ten (10) Day period, Contractor shall forfeit to City, as a penalty, one hundred dollars ($100.00) tor each Day, or portion thereot, tor each worker, until strict compliance is accomplished. Such forfeiture amounts may be deducted from the Contract Sum. Contractor shall include stipulations in all of its subcontracts to ensure that Subcontractors comply with Section 13.3.

13.4 _APPRENTICES

13.4.1 Attention is directed to the California Labor Code, Sections 1777.5, 1777.6, and 1777.7 and the California Code of Regulations, Title 8, Section 200, and the applicable sections that follow. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, Contractor or Subcontractors should, where some question exists, contact the State of Califomia Division of Apprenticeship Standards priorto commencementof the Work. Responsibility for compliance with these requirements lies with Contractor.

13.5_WORK DAY

13.5.1 Contractor shall not permit any worker to labor more than eight (8) hours during any one (1) Day or more than forty (40) hours during any one (1) calendar week, except Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ as permitted by law and in such cases only upon such conditions as are provided by law.

Contractor shall forfeit to City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of this Construction Contract by Contractor, or any Subcontractor, for each Day during which such worker is required or permitted to Work more than eight (8) hours in any one (1) Day and forty (40) hours in any one (1) calendar week in violation of the terms of this provision or in violation of the provisions of any law of the State of California. Such forfeiture amounts may be deducted from the Contract Sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each Day and each calendar week by each worker employed on the Project, which record shall be kept open at all reasonable hours to the inspection of City, its officers and agents, and to the inspection of the appropriate enforcement agency or representative and the State of California.

END OF GENERAL CONDITIONS
Public Works | General Conditions Construction | April 2022 72 | Page Packet Pg. 139
Exhibit 4
Plans, Special Provisions and/or Technical Specifications DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

4.B.e
Packet Pg. 140 Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) DN
DN
DN
AIRPORT AVE.

EX. BUILDING
EX. BUILDING
EX. BUILDING
DN
DN
DN
DN DN
DN
DN

EXISTING SHADE

STRUCTURE
DN

EXISTING SIDEWALK
P.O.T
P.O.T

PROPERTY LINE

PROPERTY LINE
P
RO
P
E
RTY
LIN
E
P.O.T P.O.T
P.O.T
& AND
∠ ANGLE
@ AT

C CENTERLINE
ɸ DIAMETER OR ROUND
┴ PERPENDICULAR
# POUND OR NUMBER
ACC. ACCESSIBLE

A/C AIR CONDITIONING
ACOUS. ACOUSTICAL
A.D. AREA DRAIN
ADJ. ADJUSTABLE
AL. ALUMINUM
APPROX. APPROXIMATE
ARCH. ARCHITECTURAL
ASPH. ASPHALT
A.T. ACOUSTICAL TILE
BD. BOARD
BITUM. BITUMINOUS
BLDG. BUILDING

BLK BLOCK

BM BEAM

BOT BOTTOM

CAB CABINET
C.B. CATCH BASIN

CEM CEMENT

CER CERAMIC
C.I. CAST IRON
CLG. CEILING

CLKG CALKING
CLR. CLEAR

CMU CONCRETE MASONRY UNIT

COL COLUMN
CONC. CONCRETE
CONN. CONNECTION
CONST. CONSTRUCTION
CONT. CONTINUOUS
C.T. CERAMIC TILE

CTR CENTER

DBL DOUBLE
DEPT. DEPARTMENT
D.F. DRINKING FOUNTAIN
DIA. DIAMETER

DET DETAIL

DIM DIMENSION

DISP DISPENSER

DN DOWN

DR DOOR

DS DOWNSPOUT

DWG DRAWING
E EAST
EA. EACH

EL ELEVATION

ELEC ELECTRICAL

ELEV ELEVATOR

EMER EMERGENCY

ENCL ENCLOSURE

EQ EQUAL

EQPT EQUIPMENT
(E) OR EXIST EXISTING

EXPO EXPOSED

EXP EXPANSION
E.J. EXPANSION JOINT

EXT EXTERIOR
F.A. FIRE ALARM
F.D. FLOOR DRAIN

FND FOUNDATION
F.E. FIRE EXTINGUISHER
F.E.C. FIRE EXTINGUISHER CABINET

FIN FINISH

FL FLOOR

FLASH FLASHING

FLUOR FLUORESCENT
F.O.C. FACE OF CONCRETE
F.O.F. FACE OF FINISH
F.O.S. FACE OF STUD

FPRF FIREPROOF

FT FOOT OR FEET

FTG FOOTING

FURR FURRING

GA GAUGE

GALV GALVANIZED
G.I. GALVANIZED IRON

GL GLASS

GND GROUND

GR GRADE
GYP. GYPSUM
H.B. HOSE BIB
H.C. HOLLOW CORE

HDWD HARDWOOD

HDWE HARDWARE

HM HOLLOW METAL

HORIZ HORIZONTAL

HR HOUR

HT HEIGHT
I.D. INSIDE DIAMETER
(DIMENSION)

INSUL INSULATION

INT INTERIOR

JAN JANITOR

JT JOINT

KIT KITCHEN

LAM LAMINATE

LAV LAVATORY

LT LIGHT

MAX MAXIMUM
M.C. MEDICINE CABINET

MECH MECHANICAL

MEMB MEMBRANE

MTL METAL

MFR MANUFACTURER

MIN MINIMUM

MISC MISCELLANEOUS
M.O. MASONRY OPENING

MTD MOUNTED

MRG MOISTURE RESISTANT
GYP. BD.

MUL MULLION

N NORTH
N.I.C. NOT IN CONTRACT
NO. NUMBER

NOM NOMINAL
N.T.S. NOT TO SCALE

O/ OVER

OBS OBSCURE
O.C. ON CENTER
O.D. OUTSIDE DIAMETER
(DIMENSION)
OFF. OFFICE

OPNG OPENING

OPP OPPOSITE

PRCST PRECAST

PL PLATE
P. LAM. PLASTIC LAMINATE

PLAS PLASTER

PLYWD PLYWOOD

PR PAIR

PT POINT
Q.T. QUARRY TILE

R RISER

RAD RADIUS
R.D. ROOF DRAIN

REF REFERENCE

REFR REFRIGERATOR

REINF REINFORCED

REQ REQUIRED

RESIL RESILIENT

RM ROOM
R.O. ROUGH OPENING

RWD REDWOOD

S SOUTH

SC SOLID CORE

SCHED SCHEDULE

SECT SECTION

SH SHELF

SHR SHOWER

SHT SHEET

SIM SIMILAR

SPEC SPECIFICATION

SQ SQUARE
S.STL. STAINLESS STEEL
S.SK. SERVICE SINK

STA STATION

STD STANDARD

STL STEEL

STOR STORAGE

STRUC STRUCTURAL

SUSP SUSPENDED

SYM SYMMETRICAL

TRD TREAD
T.B. TOWEL BAR
T.C. TOP OF CURB

TEL TELEPHONE

T&G TONGUE AND GROOVE

THK THICK
T.P. TOP OF PAVEMENT

TV TELEVISION
T.W. TOP OF WALL
TYP. TYPICAL

UNF UNFINISHED
U.N.O. UNLESS OTHERWISE
NOTED

UR URINAL

VERT VERTICAL

VEST VESTIBULE
W WEST

W/ WITH
W.C. WATER CLOSET

WD WOOD

W/O WITHOUT

WP WATERPROOF

WSCT WAINSCOT

WT WEIGHT
W.I. WROUGHT IRON

APPLICABLE STATE CODES (WITH CITY OF SANTA MONICA AMENDMENTS) CALIFORNIA BUILDING CODE 2019
CALIFORNIA RESIDENTIAL CODE 2019
CALIFORNIA GREEN BUILDING STANDARDS CODE 2019
CALIFORNIA MECHANICAL CODE 2019
CALIFORNIA ELECTRICAL CODE 2019
CALIFORNIA PLUMBING CODE 2019
CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS 2019

FEDERAL STANDARDS
ADA STANDARDS 2010
APN: 4272-026-902
OCCUPANCY GROUP: A-3
CONSTRUCTION TYPE: lll-N
EXISTING BUILDING AREA: 22003 S.F.

EXTERIOR AREA TO BE RENOVATED: 25167 S.F.

INTERIOR AREA TO BE RENOVATED: 9937 S.F.

OWNER

CITY OF SANTA MONICA
3223 DONALD DOUGLAS LOOP SOUTH
SANTA MONICA, CA 90405
CONTACT: PHILLIP TICUN
T: 424.330.9683
E: [email protected]

ARCHITECT

BOA ARCHITECTURE
1511 COTA AVENUE
LONG BEACH, CA 90813
CONTACT: EDWARD LOK NG
P: 562.912.7900
E: [email protected]
M.E.P. CONSULTANT

EDA INCORPORATED
10231 SLATER AVENUE SUITE 207
FOUNTAIN VALLEY CA 92708
CONTACT: KEVIN FRIEDMAN
T: 714.913.8393
E: [email protected]

STRUCTURAL ENGINEERING

FOR INTERIOR RENOVATION

PACIFIC ENGINEERING
17703 CRENSHAW BLVD.

TORRANCE, CA 90504
CONTACT: VICTOR CHAI-PRASERT
T: 310-516-9275
IMPROVEMENTS AT SANTA MONICA 2800 AA BLDG CONSIST OF:

SITE IMPROVEMENTS:

NEW ADA COMPLIANT PARKING, NEW CONCRETE WALKWAY AT NEW

ENTRANCE, REMOVE AND REPLACE EXISTING EXTERIOR LIGHTING, NEW

TRASH ENCLOSURE, NEW STAIR CASE AND HANDRAIL, REMOVAL AND

REPLACEMENT OF EXISTING HANDRAIL, NEW DOUBLE DOOR EXITING AT NEW

LOBBY AND WORKSHOP, REPAINT EXTERIOR WALLS, TRIM, AND FASCIA INTERIOR IMPROVEMENTS:

REMOVAL AND REPLACEMENT OF EXISTING CARPET / VINYL FLOORING,

REMOVAL AND REPLACEMENT OF EXISTING LIGHTING, REMOVAL OF EXISTING

AIR CONDITIONING SYSTEM / HEATING SYSTEM AND REPLACEMENT WITH NEW

HEATING AND COOLING SYSTEM, REMOVAL OF EXISTING CARPET AT HALLWAY

WALLS, REMOVAL OF EXISTING CANVAS WALLS AT HALLWAY, DEMOLITION OF SELECTED WALLS FOR NEW LOBBY AND EXISTING OFFICE 111, REMODEL OF

EXISTING WOMEN'S AND MEN'S RESTROOMS, REPAIR OF EXISTING WINDOWS, REPAIR OF EXISTING CEILING.

PROJECT

LOCATION
N
10 FREEWAY

NATIONAL BLVD

OCEAN PARK BLVD

S CENTINELA AVE

PALMS BLVD
23RD ST.

AIRPORT AVE

SANTA MONICA LANDING STRIP
P.O.T. (ACCESSIBLE

PATH OF TRAVEL)

DETAIL NUMBER

SHEET NUMBER

SECTION LETTER

SHEET NUMBER
A
B
C

ELEVATION LETTER

ELEVATION NUMBER

SHEET NUMBER
ROOM
NAME

ROOM NUMBER

DOOR NUMBER

RENOVATION

KEYNOTE
FINISH

KEYNOTE

DEMOLITION

KEYNOTE
ACCESSIBLE PATH OF TRAVEL (P.O.T) SHALL NOT EXCEED 5% MAX SLOPE AT WALKWAYS WITH 2% MAX CROSS SLOPE, SEE DRAWINGS FOR SLOPE SPECIFIED.

WHERE IRRIGATION IS TO REMAIN, CONTRACTOR SHALL PROTECT THESE ITEMS FROM DAMAGE DURING CONSTRUCTION & MAINTAIN IRRIGATION.

NOTE:

ALL VEGETATION AND DEBRIS ENCOUNTERED DURING CONSTRUCTION SHALL BE REMOVED FROM THE AREA OF THE PROPOSED CONSTRUCTION. ANY EXISTING FILL SOILS OF LOOSE SOILS EXPOSED AT THE PROPOSED GRADE OF ANY SLABS ON-GRADE, OR ANY AREA TO RECEIVE FILL SOILS, SHALL BE REMOVED TO FIRM NATURAL SOILS AND WASTED OFF-SITE OR REPLACES AS COMPACTED FILL.

NOTE:

P.O.T. P.O.T. P.O.T.

1. CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND

DIMENSIONS PRIOR TO COMMENCING WORK, REPORTING ANY
DISCREPANCIES TO THE DESIGNER.

2. WRITTEN DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS ON THE DRAWINGS.

3. GENERAL CONTRACTOR TO BE RESPONSIBLE FOR ALL DEMOLITION IN PREPARATION FOR NEW WORK.

4. PATCH, RESTORE, AND REFINISH ALL AREAS DAMAGED BY THE CONSTRUCTION WORK AND DEMOLITION.

5. REPAIR ALL TRANSITIONAL AREAS BETWEEN EXISTING AND NEW WORK DUE TO DEMOLITION.

6. PROTECT EXISTING CONSTRUCTION FINISHES, ADJACENT PROPERTY, PLANTING AND TREES. PROTECT THE WORK FROM RAIN AND OTHER NATURAL ELEMENTS. REPAIR, REFINISH, OR REPLACE ANY ITEMS DAMAGED DURING CONSTRUCTION.

7. COORDINATE W/ ENGINEER PRIOR TO DEMOLITION FOR ITEMS TO BE SALVAGED.

8. UTILITY SERVICES: CONTRACTORS AND SUB-CONTRACTORS SHALL

CONFIRM LOCATIONS OF UTILITIES AND NOTIFY ALL PERSONS WORKING ON SITE OF EXISTING UTILITIES. CONTRACTOR SHALL LOCATE AND

IDENTIFY ACTIVE UTILITY SERVICES AND TEMPORARY DE-ACTIVATE THEM WHEN THEY CONSTITUTE A HAZARD. LOCATION OF GAS, ELECTRIC

AND WATER METERS TO CONFORM WITH UTILITY COMPANY
REQUIREMENTS.

9. REGARDING DEMOLITION, CAP ALL EXISTING UTILITIES & PREPARE FOR NEW WORK AS REQUIRED.

10. CONTRACTOR SHALL PROVIDE TEMPORARY TOILET IN ACCORDANCE WITH LOCAL ORDINANCES IF NO EXISTING TOILET AVAILABLE ON SITE.

11. THE CONTRACTOR IS RESPONSIBLE FOR COMPLYING WITH ALL GOVERNING BLDG. CODES AND CITY ORDINANCES.

12. CONTRACTOR TO REFER TO ASBESTOS REPORT AND TREAT AREAS

CONTAINING ASBESTOS WITH LOW PRESSURE RINSE AND AVOID
FLAKING OR GRANDULAR OF MATERIAL CONTAING ASBESTOS.

EXISTING PARKING COUNT
EXISTING NON-COMPLIANT STALLS 47
EXISTING ADA STALLS 1
EXISTING TOTAL TOTAL COUNT 48

PROPOSED STANDARD PARKING COUNT
EXISTING NON-COMPLIANT STALLS 40
STANDARD STALLS (8'-6" X 18'-7") 2
COMPACT STALLS (7'-6" X 15'-7") 2
ADA STALLS 1
TOTAL PARKING COUNT 45
Edward
Lok Ng
C-16840
REN.11/30/23

L ICENSED ARCHITECT
STAT E OF CA L I FORN IA Client: Consultant: CAD Draft: Architect: Engineer:

Job Number:

Date Issue:

Client:

Designer: Architecture
InteriorsPlanning
1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900
These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.

G:\Project Files\2971 Santa Monica 2800 AA Bldg Remodel\01-Drawings\01-Revit\3-CD\2971 Santa Monica 2800 AA Bldg Remodel.rvt3/23/2023 5:19:30 PM 2800 AIRPORT AVENUE
SANTA MONICA CALIFORNIA 90405
T1.0 JSJSLNSANTA MONICA 3/15/23
2971
SANTA MONICA 2800 AA BLDG

REMODEL
90% SUBMITTAL

TITLE SHEET AND SITE
PLAN
VC
N
O. REVISIO
N
D
A
TE IS
S
UED
1 SCALE: 1/16" = 1'-0"

SITE PLAN
SANTA MONICA 2800 AA BLDG

REMODEL
2800 AIRPORT AVE. SANTA MONICA CA, 90405

SHEET INDEX
T1.0 TITLE SHEET AND SITE PLAN
A1.0 DEMOLITION SITE PLAN
A1.1 RENOVATION SITE PLAN
A2.0 DEMOLITION FLOOR PLAN
A2.1 RENOVATION FLOOR PLAN
A2.2 ENLARGED PLANS
A3.0 DEMOLITION REFLECTIVE CEILING PLAN
A3.1 RENOVATION REFELECTIVE CEILING PLAN
A4.0 INTERIOR ELEVATIONS
A4.1 SECTION
A4.2 EXTERIOR ELEVATIONS
A5.0 ACCESSIBLE DETAILS
A5.1 DETAILS
S1.0 STRUCTURAL FOUNDATION PLAN
S2.0 STRUCTURAL ROOF FRAMING PLAN
SD1.0 TYPICAL DETAILS AND GENERAL NOTES
E1.0 LEGEND, SCOPE OF WORK, SHEET INDEX, SINGEL LINE

DIAGRAM, SWITCH GEAR ELEVATION
E1.1 PROJECT NOTES
E2.0 SITE PLAN
E2.1 DEMOLITION LIGHTING PLAN
E2.2 POWER PLAN
E2.3 RENOVATION LIGHTING PLAN
E2.4 BASEMENT POWER, LIGHTING PLAN
E2.5 ROOF PLAN
E3.0 PANEL SCHEDULES
E4.0 TITLE 24
M1.1 NOTES, LEGEND SCHEDULES, INDEX, ABBREVIATIONS
M1.2 SCHEDULES
M1.3 PROJECT NOTES
M2.1 TITLE SHEET AND SITE PLAN
M2.2 DEMO FLOOR PLAN
M2.3 RENO FLOOR PLAN
M2.4 DEMO ROOF PLAN
M2.5 RENO ROOF PLAN
M3.1 TITLE 24
P1.1 NOTES, LEGEND, SCHEDULES, INDEX, ABBREVIATIONS
P1.2 PROJECT NOTES
P2.1 SITE PLAN
P2.2 DEMO FLOOR PLAN
P2.3 DEMO FLOOR PLAN
P2.4 RENO FLOOR PLAN
P3.1 ISOMETRICS
P4.1 WATER CALCULATIONS
ABBREVIATIONS 10
APPLICABLE CODES 3
BUILDING DATA 4
PROJECT DIRECTORY 7
SCOPE OF WORK 2
VICINITY MAP 6
SYMBOL LEGEND 5
PATH OF TRAVEL (P.O.T.) NOTES
GENERAL NOTES 12

PARKING COUNT

NOT FOR CONSTRUCTION- FOR BIDDING ONLY
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

4.B.e
Packet Pg. 141 Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) DN
DN
DN
EXISTING WALLS TO REMAIN. PATCH AND REPAIR

TO MATCH EXISTING FINISHES WHERE DAMAGED
BY DEMOLITION.

WALLS / ITEMS TO BE DEMOLISHED
NEW 2x WOOD STUDS AT 16" O.C. WITH FINISHES
PER MATERIAL SCHEDULE.

NEW 8X8X16 CMU WALL
AIRPORT AVE.

EX. BUILDING
EX. BUILDING
C
C
C
C
X
X
X
X
D
DN
DN
DN
DN DN
DN
DN

EXISTING SHADE

STRUCTURE
DN

EXISTING SIDEWALK
D
P
P
P
P
P
Z
Z
II
JJ
X
D
D
LL
D
MM
MM
MM MM
D
MM
MM
S
Z
MM
NN
NN
NN
NN
NN
JJ
JJ
OO
PP
JJ

1. CAP ALL EXISTING UTILITIES & PREPARE FOR NEW WORK AS REQUIRED.

2. PROVIDE ALL LABOR, MATERIAL, AND EQUIPMENT NECESSARY TO COMPLETE

DEMOLITION WORK AS INDICATED ON DRAWINGS AND SPECIFICATIONS AND AS REQUIRED TO ACCOMMODATE NEW CONSTRUCTION.

3. PATCH, REPAIR, AND RESTORE ALL AREAS DAMAGED BY THE CONSTRUCTION

WORK AND DEMOLITION TO MATCH CONDITION OF ADJACENT UNDISTURBED SURFACES.

4. REMOVE FROM THE SITE ALL MATERIAL RESULTING FROM THE DEMOLITION WORK IN SUCH A MANNER AS TO AVOID CREATING A NUISANCE. DISPOSE OF

ALL MATERIALS FROM THE SITE ON A DAILY BASIS AT NO ADDITIONAL COST TO

THE OWNER

5. DISPOSE OF ALL MATERIAL RESULTING FROM THE DEMOLITION WORK IN

ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING THOSE GOVERNING NOISE, DUST, AND DIRT CONTROL; DISPOSAL OF HAZARDOUS MATERIALS; AND REQUIREMENTS OF THE LOCAL AIR QUALITY MANAGEMENT DISTRICT.

6. CONTRACTOR SHALL REMOVE AND SAVE FOR REINSTALLATION THE FOLLWING:

FIRE ALARM PANEL, STROBE LIGHTS, FIRE ALARM PULL STATIONS AND FIRE EXTINGUISHERS.

Edward
Lok Ng
C-16840
REN.11/30/23

L ICENSED
A

RCHITECT
STAT E
OF
CA
L

I FORN IA
Client:

Consultant:

CAD Draft:

Architect:

Engineer:

Job Number:

Date Issue:

Client:

G:\Project Files\2971 Santa Monica 2800 AA Bldg Remodel\01-Drawings\01-Revit\3-CD\2971 Santa Monica 2800 AA Bldg Remodel.rvt3/23/2023 5:19:01 PM 2800 AIRPORT AVENUE
SANTA MONICA CALIFORNIA 90405
A1.0 JSJSLNSANTA MONICA 3/15/23 2971 SANTA MONICA 2800 AA BLDG REMODEL 90% SUBMITTAL

DEMOLITION SITE PLAN VC
N

DEMOLITION KEYNOTES
C REMOVE EXISTING TREE.

D REMOVE EXISTING CONCRETE SLAB. PREPARE AREA FOR NEW WORK.

II REMOVE EXISTING BOLLARD. PREPARE AREA FOR NEW WORK.

JJ REMOVE EXISTING SIGNAGE, STORE AND SAVE FOR REUSE. SEE RENOVATION PLAN.

LL REMOVE EXISTING CONCRETE WALKWAY.

MM REMOVE EXISTING CONCRETE TIRE STOPS.

NN REMOVE EXISTING PAINT STRIPING BY SAND BLASTING THE PAINT OFF THE PAVEMENT OR OTHER APPROVED REMOVAL METHOD. PREPARE AREA FOR NEW WORK.

OO REMOVE EXISTING STOP SIGN, STORE AND SAVE FOR REUSE, PROVIDE TEMPORARY STOP SIGN. SEE RENOVATION PLAN.

P REMOVE EXISTING WALL MOUNTED LIGHT FIXTURE. PREPARE AREA FOR NEW WORK.

PP REMOVE EXISTING SIGNAGE.

S REMOVE EXISTING GUARDRAIL. PREPARE AREA FOR NEW WORK.

X REMOVE EXISTING LANDSCAPE. PREPARE AREA FOR NEW WORK.

Z REMOVE EXISTING HANDRAIL.

WALL LEGEND
1 SCALE: 1" = 10'-0"

DEMOLITION SITE PLAN
NO. REVISION DATE ISSUED

DEMOLITION NOTES

NOT FOR CONSTRUCTION- FOR BIDDING ONLY
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

4.B.e
Packet Pg. 142 Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) DN
DN
DN
DN
2 A4.2
A4.2
A4.2
A4.2 1
4 3
AIRPORT AVE.

EX. BUILDING
EX. BUILDING
23 07
07 07
DN
DN
DN DN
DN
DN

EXISTING SHADE

STRUCTURE
07 07
07 DN
22 22
22 22
22 EXISTING SIDEWALK
26 26
26 33 32
33 33
TYP. 31
34 07
07 07
07 07
41 33
33 48
TYP.
49 49

REPLACE SEWER LATERAL
63 2
8 '
-
0 "
20' - 0"
49 49 49
49 49
49 49
49 15
15 15
15 15
15 5' - 0"
APPROX.
17' - 1"
APPROX.
7' - 8"
76 A5.1
13 77
3' - 0"
APPROX.
8' - 1"
A5.1 8
9' - 0" 8' - 0"
7' - 0"
SD1.0
15 SD1.0
14 A5.0
20 ----
MIN.
4' - 0"

NO PARKING
18' - 0"MAX 3
.
' - 0"
80 81
82 81
A5.0
13 26
83 A5.0
18 84
85 A5.0
19 87 86
10' - 0"
6' - 0"
83 6'-6"
A5.0
17 88
A5.0
SLOPE 7.3%
24 33
A5.0
23 A5.0
27 89
89 8'- 6" 8'-6"

COMPACT
15' - 7"
8' - 6"
8'- 6"
89 89
E.J.C.J.E.J.

E.J.

E.J.C.J.E.J.C.J.

E.J.
49 33
A5.0
17 90
91 A5.0
10 92 92
92 A5.0
30 A5.1 6
"5'X5' HOVO TRIANGLES TO BE KEPT
CLEAR OF OBSTRUCTIONS OVE 24"
PURSUANT TO S.M.M.C SECTION

9.21.180"
95 EXISTING WALLS TO REMAIN. PATCH AND REPAIR

TO MATCH EXISTING FINISHES WHERE DAMAGED
BY DEMOLITION.

WALLS / ITEMS TO BE DEMOLISHED
NEW 2x WOOD STUDS AT 16" O.C. WITH FINISHES
PER MATERIAL SCHEDULE.

NEW 8X8X16 CMU WALL
A. ELECTRICAL / MECHANICAL EQUIPMENT AND DEVICES: REINSTALL AND PROPERLY RECONNECT EXISTING DUCTWORK; SWITCHES; THERMOSTATS; AND OTHER EXISTING ELEC./MECH., EQUIPMENT AND DEVICES REMOVED DURING THE WORK BUT NOT INDICATED TO BE REMOVED. REINSTALL ONLY EQUIPMENT AND DEVICES THAT ARE IN GOOD CONDITION. DISCARD EQUIPMENT AND

DEVICES THAT ARE NOT IN CONDITION AT LEAST AS GOOD AS EXISTED BEFORE REMOVAL, AND PROVIDE NEW EQUIVALENT EQUIPMENT AND DEVICES. NEW

EQUIPMENT AND DEVICES SHALL EXACTLY MATCH THOSE REMOVED IN TYPE,

SIZE, FINISH, CONFIGURATION , AND OPERATING CHARACTERISTICS, UNLESS NOTED OTHERWISE. ALL INSTALLATION SHALL MEET CURENT BUILDING CODE.

B. PROVIDE NEW MATERIALS TO MATCH EXISTING UNDISTURBED WORK FOR CLOSING OF OPENINGS, REPAIRS, AND RENOVATION. NEW FINISH MATERIALS

AND SUBSTRATES TO MATCH EXISTING SHALL BE THE SAME TYPES, SIZES, QUALITIES, AND COLORS AS EXISTING ADJACENT MATERIAL. REPAIR ALL

DAMAGED OR DEFACED FLOOR, WALL, AND CEILING FINISHES ASSOCIATED WITH THESE ALTERATIONS.

C. THE CONTRACTOR/SUB-CONTRACTOR SHALL SUBMIT THE PLANS TO THE FIRE DEPARTMENT FOR DEFERED APPROVAL. USE THE EXISTING EQUIPMENT WHERE POSSIBLE.

D. WHERE EXISTING PLUMBING VENT PIPES ARE REMOVED FROM THE ROOF AND

NEW ONES ARE INSTALLED THE CONTRACTOR SHALL PATCH AND REPAIR THE ROOF. THE PATCHING AND REPAIR SHALL BE DONE USING A SUB-

CONTRACTOREXPERIENCED WITH ROOFING IN GENERAL AND ROOFING REPAIRS.

E. FLOOR COVERING MATERIALS SHALL COMPLY WITH ASTM STANDARD E 648, AND HAVING A SPECIFIC OPTICAL DENSITY SMOKE RATING NOT TO EXCEED 450 PER ASTM E 662. CBC 804.4
Edward
Lok Ng
C-16840
REN.11/30/23

L ICENSED
A

RCHITECT
STAT E
OF
CA
L

I FORN IA
Client:

Consultant:

CAD Draft:

Architect:

Engineer:

Job Number:

Date Issue:

Client:

G:\Project Files\2971 Santa Monica 2800 AA Bldg Remodel\01-Drawings\01-Revit\3-CD\2971 Santa Monica 2800 AA Bldg Remodel.rvt3/23/2023 5:19:05 PM 2800 AIRPORT AVENUE
SANTA MONICA CALIFORNIA 90405
A1.1 JSJSLNSANTA MONICA 3/15/23
2971
SANTA MONICA 2800 AA BLDG

REMODEL
90% SUBMITTAL

RENOVATION SITE PLAN VC

RENOVATION KEYNOTES
07 EXISTING OUTDOOR EQUPMENT TO REMAIN. PROTECT IN PLACE. 15 NEW 2,500 PSI CONCRETE SLAB, 4" THICK MIN. TO MATCH EXISTING CONCRETE PAVEMENT OVER 2" SAND, PROVIDE #4 REBARS @ 24" O.C. AND 6" EMBEDMENT INTO EXISTING SLAB. NEW PAVEMENT TO BE FLUSH WITH ADJACENT EXISTING PAVEMENT/WALKWAY.
22 NEW WALL-MOUNTED LED LIGHT FIXTURE.
23 NEW CONCRETE LANDINGS AND STAIRS. REMOVE EXISTING CONCRETE AND LANDSCAPING.
26 EXISTING ROOFING TO REMAIN. PROTECT IN PLACE.
31 EXISTING BOLLARDS TO REMAIN. PROTECT IN PLACE.
32 NEW ADA COMPLIANT GUARDRAILING.
33 NEW ADA COMPLIANT HANDRAIL.
34 NEW STAIR NOSING STRIPPING.
41 TRIM EXISTING TREE.
48 NEW TRASH ENCLOSURE.
49 NEW EXHAUST FAN. SEE MECHANICAL DRAWINGS FOR FURTHER INFORMATION. 63 NEW CONDESNER UNIT. SEE MECHANICAL DRAWINGS.
76 NEW CONCRETE PAD.
77 NEW METAL FENCE AND GATE.
80 PROVIDE NEW ACCESSIBLE VAN SIGN.
81 PAINT NEW ACCESS AISLE BOARDER WITH BLUE TRAFFIC PAINT AND 4" DIAGONAL STRIPES BLUE. DIAGONAL STRIPING SHALL NOT OVERLAP WITH 12" WORDS WHERE OCCURS.
82 PAINT THE WORDS " NO PARKING" WITHIN STRIPED AREA. USE 12" HIGH LETTERS IN WHITE PAINT TRAFFIC.
83 PROVIDE NEW CONCRETE TIRE STOP.
84 PROVIDE NEW TYPE 2 AC SLURRY SEAL APPLIED OVER EXISTING AC PAVING PROVIDE FLUSH TRANSITION TO NEW CONCRETE SIDE WALK.
85 PROVIDE NEW DETECTABLE WARNING SURFACE.
86 REINSTALL STOP SIGN.
87 REINSTALL STAFF PERMIT PARKING SIGN.
88 NEW CONCRETE RAMP WITH 7.75% MAXIMUM RUNNING SLOPE AND 1.5% MAXIMUM CROSS SLOPE. MATCH EXISTING CONCRETE FINISH.
89 PROVIDE NEW PARKING STRIPING, WHITE TRAFFIC PAINT.
90 REINSTALL ENTRANCE ONLY SIGN.
91 PROVIDE NEW WALL MOUNTED ADA DIRECTIONAL SIGN.
92 PROVIDE NEW ADAM COMPLIANT CURB RAMP WITH DETECTABLE WARNING SURFACE.
95 PROVIDE NEW HOSE BIBB. SEE PLUMBING DRAWINGS FOR FURTHER INFORMATION. 1 SCALE: 1" = 10'-0"

RENOVATION SITE PLAN
N

WALL LEGEND
NO. REVISION DATE ISSUED

RENOVATION NOTES

NOT FOR CONSTRUCTION- FOR BIDDING ONLY
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

4.B.e
Packet Pg. 143 Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) FD FD
T
T
T
DN
EX. DR.

EX. DR.

EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.EX. DR.EX. DR.EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.EX. DR.EX. DR.

EX. DR.

OFFICE G
F
TYP.

E
J
A
O
AO
A
O
OA
A
OAO
AO
DN
DN
DN
DN

CLASSROOM
101

CLASSROOM
103
OFFICE
107
MECH. ROOM
109

HALLWAY
110
OFFICE
111

CLASSROOM
123

HALLWAY
108

CLASSROOM
124
FOYER
100

CLASSROOM
104

CLASSROOM
102

HALLWAY
106

ELECTRICAL
ROOM
118

HALLWAY
112

HALLWAY
116A

HALLWAY
116B
MEN'S

RESTROOM
127

WOMEN'S

RESTROOM
126

DRESSING ROOM
115
OFFICE

STORAGE

WORKSHOP
OFFICE
A
O
AO
AO
O
EX. WN. EX. WN. A O
AO
EE
AA
A
O
AO
AO
AO
AO
A
O
A
O
A
O

BB CC BB CC
BB
CC
BB
CC

CC BB BB CC

BB CC BB CC

EE EE EE EE EE EE EE EE
EE EE
EE

EE EE EE EE
BB
BB
BB
CC
BB

FF FF FF FF FF

FF FF FF FF
FF
FF
FF
FF
FF
FF
FF FF
FF FF

FF FF FF FF FF FF FF FF
FF
EE
A2.2 2
QQ
QQ
RR
F
EXISTING WALLS TO REMAIN. PATCH AND REPAIR

TO MATCH EXISTING FINISHES WHERE DAMAGED
BY DEMOLITION.

WALLS / ITEMS TO BE DEMOLISHED
NEW 2x WOOD STUDS AT 16" O.C. WITH FINISHES
PER MATERIAL SCHEDULE.

NEW 8X8X16 CMU WALL

COMMON AREA

CLASSROOM
12 CLASSROOM
11 CLASSROOM
13 CLASSROOM
14 STORAGE
15 MECH ROOM
16 RESTROOM
17 RESTROOM
18 LAV
14A

STORAGE
14B

HALLWAY
19A

HALLWAY
19B
(NO WORK)
(NO WORK)
(NO WORK)
(NO WORK)
(NO WORK)
(NO WORK)
(NO WORK)
(NO WORK)
(NO WORK)
(NO WORK) (NO WORK)
(NO WORK)

1. CAP ALL EXISTING UTILITIES & PREPARE FOR NEW WORK AS REQUIRED.

2. PROVIDE ALL LABOR, MATERIAL, AND EQUIPMENT NECESSARY TO COMPLETE

DEMOLITION WORK AS INDICATED ON DRAWINGS AND SPECIFICATIONS AND AS REQUIRED TO ACCOMMODATE NEW CONSTRUCTION.

3. PATCH, REPAIR, AND RESTORE ALL AREAS DAMAGED BY THE CONSTRUCTION

WORK AND DEMOLITION TO MATCH CONDITION OF ADJACENT UNDISTURBED SURFACES.

4. REMOVE FROM THE SITE ALL MATERIAL RESULTING FROM THE DEMOLITION WORK IN SUCH A MANNER AS TO AVOID CREATING A NUISANCE. DISPOSE OF

ALL MATERIALS FROM THE SITE ON A DAILY BASIS AT NO ADDITIONAL COST TO

THE OWNER

5. DISPOSE OF ALL MATERIAL RESULTING FROM THE DEMOLITION WORK IN

6. CONTRACTOR SHALL REMOVE AND SAVE FOR REINSTALLATION THE FOLLWING:

FIRE ALARM PANEL, STROBE LIGHTS, FIRE ALARM PULL STATIONS AND FIRE EXTINGUISHERS.

Edward
Lok Ng
C-16840
REN.11/30/23

L ICENSED
A

RCHITECT
STAT E
OF
CA
L

I FORN IA
Client:

Consultant:

CAD Draft:

Architect:

Engineer:

Job Number:

Date Issue:

Client:

G:\Project Files\2971 Santa Monica 2800 AA Bldg Remodel\01-Drawings\01-Revit\3-CD\2971 Santa Monica 2800 AA Bldg Remodel.rvt3/23/2023 5:19:06 PM 2800 AIRPORT AVENUE
SANTA MONICA CALIFORNIA 90405
A2.0 JSJSLNSANTA MONICA 3/15/23 2971 SANTA MONICA 2800 AA BLDG REMODEL 90% SUBMITTAL

DEMOLITION FLOOR PLAN VC
N
1 SCALE: 1/8" = 1'-0"

DEMOLITION PLAN

DEMOLITION KEYNOTES
A REMOVE EXISTING FLOORING AND ADHESIVE. PREPARE AREA FOR NEW WORK.

AA REMOVE EXISTING DRINKING FOUNTAIN.

BB REMOVE EXISTING CARPET AT WALL. PATCH AND REPAIR WALL SURFACE TO MATCH EXISTING.

CC REMOVE EXISTING CANVAS WALL. PATCH AND REPAIR WALL SURFACE TO MATCH EXISTING.

E EXISTING PLUMBING FIXTURES TO BE REMOVED. PATCH AND REPAIR IMPACTED WALL/FLOOR SURFACES TO REMAIN.

EE REMOVE EXISTING HVAC WINDOW UNIT.

F REMOVE PORTION OF EXISTING CONCRETE WALL AND PROVIDE NEW FRAMING FOR NEW OPENING.

FF REMOVE EXISTING HEATING UNIT. PATCH AND REPAIR WALL TO MATCH EXISTING.

G REMOVE EXISTING DOOR AND DOOR FRAME. PATCH AND REPAIR WALL SURFACES TO MATCH EXISTING.

J REMOVE EXISTING WINDOW.

O REMOVE EXISTING RUBBER BASE, TYPICAL THROUGHOUT AREAS OF WORK.

QQ REMOVE EXISTING WALL MOUNTED DISPLAY CASE. PATCH AND REPAIR EXISTING WALL TO MATCH EXISTING.

RR REMOVE AND RELOCATE EXISTING EMERGENCY DEFIBRILATOR. SEE RENOVATION PLAN .

WALL LEGEND

AREA SEPARATION LEGEND
NO. REVISION DATE ISSUED
2 SCALE: 1/8" = 1'-0"

EXISTING BASEMENT
N

FOR REFRENCE ONLY

DEMOLITION NOTES

NOT FOR CONSTRUCTION- FOR BIDDING ONLY
DocuSign Envelope ID: 16232FDB-2F04-4709-81BB-EDBD7E1E578D

4.B.e
Packet Pg. 144 Attachment: _EXECUTED_DocuSign_SP2686_-_GC_Contract_-_2800_ (7565 : 2800 Airport Ave Project Mod Olympos) PF
FD FD
T
T
DN
DN

OPEN PATIO
(FINISHED TO BE

DONE BY TENANT)
50' - 4" 33' - 0"
BAR
1 A4.1
11 EX. DR.

EX. DR.

EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.EX. DR.EX. DR.EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.

EX. DR.

EX. DR.EX. DR.EX. DR.

EX. DR.

EX. DR.
11 TYP.
13 12 35
DN 01
DN
DN
DN

CLASSROOM
102

CLASSROOM
104

CLASSROOM
101

CLASSROOM
103
OFFICE
107
MECH. ROOM
109

HALLWAY
106

CLASSROOM
124

CLASSROOM
123
OFFICE
111

ELECTRICAL
ROOM
118

HALLWAY
116A

HALLWAY
116B
MEN'S

RESTROOM
127

WORKSHOP
117

DRESSING ROOM
115

HALLWAY
110
FOYER
100

HALLWAY
108

WOMEN'S

RESTROOM
126
LOBBY
119

HALLWAY
112
13 12 35
13 12 35
BAR

CASEWORK

TO BE DONE

BY TENANT
39 EX. DR.

EX. WN. EX. WN.
1 STAIRS
26 STAIRS
27 12 13 35
13 12 35
13 09
3 43
44 44
44 44
44 44
44 44
44 44
44 44
44 44
46 46
46 46
46 47
47 47
47 TYP. TYP.

TYP.

TYP.
50 TYP.
46 46
46 56
12 13 35 12 13 35
12 13 35 12 13 35
12 13 35
12 13 35
12 13 35
12 13 35
12 13 35
12 13 35
58 59
59 59
56 12 13 35
39 56 56
56 (FINISHED TO BE

DONE BY TENANT)
A4.0 9
10 11
12 64
64 64 64
64 64 64 64 64 64 64
64 64
9' - 4"
9' - 11"
4' - 2"
(N) 4X6 WOOD
POST
(N) 4X6 WOOD POST
A2.2
1 44
44 44
2 55
A5.0
11 74
74 74
75 46
46 18" MIN.12' - 0"
(N) OPENING
16' - 0"
EXISTING WALLS TO REMAIN. PATCH AND REPAIR

TO MATCH EXISTING FINISHES WHERE DAMAGED
BY DEMOLITION.

WALLS / ITEMS TO BE DEMOLISHED
NEW 2x WOOD STUDS AT 16" O.C. WITH FINISHES
PER MATERIAL SCHEDULE.

NEW 8X8X16 CMU WALL

COMMON AREA
NO.

P-1
CT-1 CERAMIC FLOOR TILE
MATERIAL MANUF. COLOR/MODEL NO.

DALTILE ARCHITECT TO SELECT

SEMI GLOSS - PAINT DUNN-EDWARD ARCHITECT TO SELECT
P-2 SEMI GLOSS - PAINT DUNN-EDWARD ARCHITECT TO SELECT
GB-1 GYP BOARD - -
NOTES
TP-1 TOILET PARTITION ARCHITECT TO SELECT
RB-1 4" RUBBER BASE

PAINT TO MATCH

PAINT WALLS

PAINT DOORS INSIDE &
OUTSIDE & FRAME.

CT-2 CERAMIC WALL TILE DALTILE ARCHITECT TO SELECT
CPT-1 CARPET TILE - ARCHITECT TO SELECT
SIZE: 4 1/4" x 4 1/4"
SIZE: 12" X 12"
P-3 SEMI GLOSS - PAINT DUNN-EDWARD ARCHITECT TO SELECT PAINT EXTERIOR OF BUILDING

BOBRICK OR

APPROVED
EQUAL
- ARCHITECT TO SELECT
SIZE: 4 1/4" x 4 1/4"
CB-1 CEMENT BOARD
PC-1 POLISHED CONCRETE EXISTING CLEAN EXISTING FLOOR
P-4 SEMI GLOSS - PAINT DUNN-EDWARD ARCHITECT TO SELECT CEILING

HARDWARE
34" TO 44"
A
H
A
R
D
W
A
R
E
34" TO 44"
B

NEW METAL

FRAME & DOOR

NEW METAL FRAME
& METAL DOOR

WITH TEMPERED
GLASS

SIGN WHERE

OCCURS,

SEE DETAIL
7/A8 FOR
HEIGHT

MOUNTING
H
A
R
D
W
A
R
E
34" TO 44"
C

NEW METAL

FRAME & DOOR
A. ELECTRICAL / MECHANICAL EQUIPMENT AND DEVICES: REINSTALL AND PROPERLY RECONNECT EXISTING DUCTWORK; SWITCHES; THERMOSTATS; AND OTHER EXISTING ELEC./MECH., EQUIPMENT AND DEVICES REMOVED DURING THE WORK BUT NOT INDICATED TO BE REMOVED. REINSTALL ONLY EQUIPMENT AND DEVICES THAT ARE IN GOOD CONDITION. DISCARD EQUIPMENT AND