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HomeMy WebLinkAboutItem 12a - Eisenhower Park Improvement ProjectDesign-Build Contract Eisenhower Park Improvement Project June 4, 2019 Page 1 of 5 DATE: June 4, 2019 TO: Honorable Mayor and City Council FROM: Tom Tait, Public Works Services Director Sara Somogyi, Director of Recreation and Community Services By: Eddie Chan, P.E., Principal Civil Engineer Jacquelyn Mercado, Management Analyst SUBJECT: DESIGN-BUILD CONTRACT WITH BYROM-DAVEY, INC. FOR THE DESIGN AND CONSTRUCTION OF THE EISENHOWER PARK IMPROVEMENT PROJECT IN THE AMOUNT OF $6,300,000 Recommendation: Approve SUMMARY The Fiscal Year 2018-19 Capital Improvement Program budget provides for the design and construction of park improvements at Eisenhower Park. To ensure the City is receiving the highest quality of service and most competitive pricing for design-build services, the Public Works Services Department (“PWSD”) conducted a Request for Proposal (“RFP”). Based on the evaluated proposals, personal interviews, and financial evaluation, it was determined that Byrom-Davey, Inc. provided the best proposal and is a qualified and responsible firm to provide professional design-build services for the Eisenhower Park Improvement Project (“Project”). It is recommended that the City Council approve, and authorize and direct the City Manager to execute, a Design-Build Contract with Byrom-Davey, Inc., for the Eisenhower Park Improvement Project in the amount of $6,300,000, and approve a 10% contingency. BACKGROUND On August 1, 2017, the City Council adopted the Recreation and Parks Master Plan (“Master Plan”), which is a guiding policy document that provides recommendations for prioritizing future recommendations for growth, development, and implementation strategies related to parks and recreation services. The recommendations proposed were based on a detailed assessment of community demographics, needs of the community, existing conditions of recreation and parks facilities, and effectiveness of the various Design-Build Contract Eisenhower Park Improvement Project June 4, 2019 Page 2 of 5 recreation and community services programs. These recommendations were further prioritized on a four tier basis, depending on their degree of need, with Tier 1 being of highest priority and Tier 4 the lowest priority. Tier 1 recommendations are critical projects necessary for maintaining and improving existing program operations, replacing aged infrastructure, and providing additional park enhancements for continued enjoyment and safety. The Master Plan identified approximately $10.2 million dollars in Tier 1 improvements and recommended that the City implement these as soon as possible. At the March 5, 2019, Study Session, the PWSD and Recreation Department presented to the City Council the recommended Tier 1 park features and elements for the proposed Eisenhower Park Improvement Project. The proposed Project improvements would address neighborhood amenities, sports uses, and the community Dog Park. Due to the timing of youth baseball season and heavy usage of the park, it was recommended that the entire park be closed during construction to expedite the construction process and ensure public safety. As a result, the City Council directed the PWSD to proceed with an RFP to obtain professional design-build services for the Project. The Eisenhower Park conceptual design included in the Master Plan was used in the RFP process to outline the key park amenities and elements desired, the level of construction quality required, and the materials and furnishings necessary for the completion of the Project. DISCUSSION The RFP was published in the City’s adjudicated newspaper and RFP packages were provided to numerous firms that provide professional design-build services. Three proposals were received on April 23, 2019, and all three firms were invited to interview on April 30, 2019. Each proposal was evaluated based on the proposer’s qualifications, performance history, technical requirements, understanding of the needs of the City, proposal cost, and the implementation of a design-build timeline. The design-build process is not a typical “low bid” process; firms are proposing from both a design and construction point of view based on a general set of guidelines, park renderings, and drawings. Design-Build is a construction delivery method that provides a single point of contact for both the design and construction phases of a project. One entity holds single-source responsibility and contractual risk for every aspect of the project. Due to the nature of the process, the original proposals ranged from $7 to $10 million dollars. Therefore, revised costs were requested based on the City’s adopted budget for this project. The results of the final evaluation with each firm’s ranking is as follows: Design-Build Contract Eisenhower Park Improvement Project June 4, 2019 Page 3 of 5 Company Name Ranking Score Proposed Total Project Cost Byrom-Davey, Inc. 1 88% $6,300,000 Ohno Construction Company 2 78% $6,596,990 Kasa Construction, Inc. 3 70% $7,146,700 Byrom-Davey, Inc. was selected as the preferred design-build contractor based on a combination of their estimated price and added value, in addition to experience, expertise, and credentials. The selection committee felt that Byrom-Davey, Inc. was best suited for the Eisenhower Park Improvement Project because of their excellent references, past history with similar projects, honesty, and sensibility to work with. Byrom-Davey, Inc. has completed similar park projects for the Cities of Chino Hills, Costa Mesa, Ontario, and Los Angeles, along with multiple school and university field, track, and construction projects, including a synthetic turf field replacement project at Arcadia High School. The Project’s goal is to beautify the park as well as provide new rec reation opportunities for park users by completing the recommended Tier 1 improvements. The following Project key elements will be provided, but is not limited to, the following: o Installation of new landscaping, park benches, and ADA compliant drinking fountain o Installation of new picnic facilities and barbeques o Installation of an eight-foot-high property line concrete wall to reduce noise and sight issues at the north side of the Park adjacent to residential properties o Installation of new LED sports field lighting and parking lot security lighting o Installation of new sport netting o Installation of new perimeter walking trail, fencing, and Par Course exercise stations o Construction of shade structures o Construction of bleachers with shade canopies o Construction of a new restroom building and a concession building o Construction of an infiltration swale to meet stormwater regulations o Construction of a new parking lot with a minimum of 42 parking stalls o Replacement of natural turf baseball field with synthetic turf baseball/softball fields o Replacement of children's play equipment with new shaded themed play equipment o Renovations to the existing Dog Park It should be noted that the renovations to the existing Dog Park were originally included as Tier 2 improvements. This was because the recommendations also included the reconstruction of the bridge over the drainage channel on the site. Upon further analysis, reconstruction of the bridge is not needed at this time; however, the potential economies of scale and the high desire of the community to see the Dog Park improved make including the Dog Park in this current effort advisable. Design-Build Contract Eisenhower Park Improvement Project June 4, 2019 Page 4 of 5 The Project will proceed with design and construction simultaneously. The PWSD will work with Byrom-Davey, Inc. to obtain all necessary permits for demolition, grading, and building, along with any additional permits necessary to start the Project immediately. Byrom-Davey, Inc.’s proposed Project timeline anticipates that the north portion of Eisenhower Park will be completed by January 31, 2020. The north portion of the Project will include the baseball/softball fields, the restroom and concession building, parking lot renovation, concrete block wall installation, trash enclosures, bleachers, batting cages, and additional items shown in the attached Exhibit “A” Conceptual Site Plan. The remaining construction of the park is expected to be completed by April 30, 2020. ENVIRONMENTAL ANALYSIS This Project is considered a Class 1 exemption as defined in Section 15301 “Existing Facilities” Projects of the California Environmental Quality Act (“CEQA”), which exempts projects consisting of the minor alteration of existing public structures. A Notice of Exemption has already been filed with the County. FISCAL IMPACT Funds in the amount of $6,490,000 for the Eisenhower Park Improvement Project have been budgeted in the Fiscal Year’s 2018-19 and 2019-20 Capital Improvement Program. The total cost of the project is $6,300,000 and will be fully funded by Park Impact Fees. Park Impact Fees may only be used for acquisition of parkland, park expansion, and typical park improvements such as those recommended for the Eisenhower Park Improvement Project. In addition, a standard 10% contingency is recommended in order to cover potential unforeseen costs or circumstances such as adverse soil conditions, drainage concerns, unknown field conditions, and the like. This contingency, if needed, would also be funded by Park Impact Fees. No General Fund monies will be needed for this Project. The PWSD will be seeking reimbursement of up to $700,000 for eligible Project costs through the City’s Proposition A Maintenance & Services Fund administered by the Los Angeles County Regional Parks and Open Space District. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute a Design-Build Contract with Byrom-Davey, Inc., for the Eisenhower Park Improvement Project in the amount of $6,300,000, and approve a 10% contingency. Design-Build Contract Eisenhower Park Improvement Project June 4, 2019 Page 5 of 5 Attachments: Proposed Design-Build Contract Exhibit “A” - Conceptual Site Plan 24347.00600\31594114.1 - 1 - DESIGN-BUILD CONTRACT DESIGN BUILD CONTRACT BETWEEN CITY OF ARCADIA AND BYROM-DAVEY INC. This Design-Build Contract (“Contract”) is made and entered into this _____ day of __________, 2019, by and between the by and between the CITY OF ARCADIA (“City”) and Byrom-Davey, Inc. (the “Design-Build Entity”), for the purpose of designing and constructing the Eisenhower Park Improvement Project (the “Project”). The City and the Design-Build Entity are herein collectively referred to as the “Parties.” RECITALS A. The City desires to contract with a single entity for design and construction of the Project, as set forth in this Contract. B. The Design-Build Entity was invited to respond to the City’s Request for Proposal (“RFP”) for the Project. C. The Design-Build Entity submitted a Proposal for the Project, which was selected as providing the best-value for the Project, and is prepared to enter into this Contract. AGREEMENT In consideration of the above recitals and the mutual covenants and conditions set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby set forth their mutual covenants and understandings as follows: 1. Incorporation of Recitals. The above referenced recitals are true and correct and are incorporated into this Contract by this reference. 2. Design-Build Entity. The Design-Build Entity consists of HMC Architects functioning as the designer/design team for the Project and providing architectural services, and Byrom-Davey, Inc., as the general contractor for the project and providing all construction services for the Project. For purposes of this Contract, a properly authorized representative of Design-Build Entity shall execute the Contract on its behalf, and shall have the full authority to mak e all decisions necessary on behalf of the Design-Build Entity Notwithstanding the foregoing, the City may accept bonds provided from the member of the Design-Build Entity designated for construction services, and/or professional liability insurance from the member of the Design-Build Entity designated for design/architectural services. 24347.00600\31594114.1 - 2 - DESIGN-BUILD CONTRACT 3. Incorporation of Documents. 3.1 This Contract includes and hereby incorporates in full by reference the following Contract Documents, including all exhibits, drawings, spec ifications and documents therein, and attachments and addenda thereto: o Request for Proposal (“RFP”) and all addenda, attachments , and appendices o Design-Build Entity Proposal in response to RFP dated March 2019 o Contract o General Conditions o Attachment 1 to this Contract - Performance Bond o Attachment 2 to this Contract - Payment Bond o Attachment 3 to this Contract - Workers Compensation Certification o Attachment 4 to this Contract - Public Works Contractor Registration Certification 3.2 Acknowledgement of Contract Documents. The above documents constitute and may hereinafter be referred to as the “Contract Documents.” In addition to signing this Contract, the Design-Build Entity shall review and execute where appropriate all the Attachments to this Contract described above. Also, the Design-Build Entity shall initial this paragraph immediately below acknowledging that he or she has read, understood and agrees with all of the terms of the Contract Documents, including, but not limited to, provisions of the General Conditions relating to indemnification, insurance, standards of performance, termination, compensation and time of the essence performance. the Design-Build Entity shall not disclaim knowledge of the meaning and effect of any term or provision of th e Contract Documents, and agrees to strictly abide by their meaning and intent. In the event that the Design -Build Entity fails to initial below, the City shall have the right to declare the Contract unexecuted and to award the Contract to another the Design-Build Entity in accordance with California law. ___________________________ Design-Build Entity’s Initials 4. The Design-Build Entity’s Obligations. 4.1 Guaranteed Maximum Price. The Design-Build Entity promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project as described in the Contract Documents (hereinafter the “Scope of Work”), for a Guaranteed Maximum Price (“GMP”) of $6,300,000.00 as stated in the Design-Build Entity’s Proposal submitted in response to the RFP. Unless otherwise stated in the Contract Documents, the GMP shall pay for all costs and expenses required to design and construct the Project. 24347.00600\31594114.1 - 3 - DESIGN-BUILD CONTRACT 4.2 Standard of Performance. The Design-Build Entity’s performance of the work set forth in the Contract Documents shall at all times be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline(s) in the State of California, and Design-Build Entity shall be fully responsible to City for any damages or delays to the Project caused by the Design-Build Entity as specified in the indemnification provision of this Contract. The Design-Build Entity’s performance shall at all times be in conformance with the standards set forth in the Contract and the General Conditions. 5. Period of Performance, Liquidated Damages, and Performance Incentive . 5.1 The Design-Build Entity guarantees that it shall perform and complete all work necessary for Completion of the Project, as defined in the General Conditions, by the Guaranteed Completion Date of April 30, 2020; with a milestone date of completion for the north portion of the Project by January 31, 2020 (“GCD”). 5.2 The Design-Build Entity agrees that liquidated damages will apply in the amount of $5,400 for each and every calendar day beyond the GCD that Final Completion of the Project has not been achieved. 6. The City’s Basic Obligation. The City agrees to engage and do hereby engage the Design-Build Entity as an independent contractor to furnish all materials and to perform all work described in the Scope of Work for the Project according to the terms and conditions herein contained for the GMP set forth above. Except as otherwise provided in the Contract, the City shall pay to the Design-Build Entity, as full consideration for the satisfactory performance by the Design -Build Entity of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract. 7. Representatives. 7.1 City’s Representative. The City hereby designates Tom Tait, Public Works Services Director, as the person to act as its representative for the performance of this Contract (“City’s Representative”). The City’s Representative shall be authorized to act as liaison between City and the Design-Build Entity in the administration of this Contract and all work on the Project. The City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. City may designate new and/or different individuals to act as City’s Representative from time to time upon written notice to the Design-Build Entity. 7.2 Design-Build Entity’s Representative. The Design-Build Entity hereby designates Eric Jennings Sr., Vice President, or his or her designee, to act as its representative for the performance of this Contract (“Design -Build Entity’s Representative”). Design-Build Entity’s Representative shall have full authority to represent and act on behalf of the Design -Build Entity for all purposes under this Contract. The Design-Build Entity’s Representative shall supervise and direct all work 24347.00600\31594114.1 - 4 - DESIGN-BUILD CONTRACT on the Project, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the work pursuant to this Contract. 8. Design-Build Entity’s Licensing. The Design-Build Entity shall have only appropriately licensed contractors performing work on the Project as required by the Business and Professions Code. The Design-Build Entity hereby designates Byrom- Davey, Inc., CA License No. 803447 (A, B, C-8, C12, C-61/D-12) to act as the licensed general contractor for the Project. Design-Build Entity’s general contractor shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and the Design Build entity shall be fully responsible to the City for any damages and/or delays to the Project as specified in the in demnification provisions of the Contract. Any change in the general contractor shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new general contractor shall be of at least equal competence as the prior general contractor. In the event that City and Design-Build Entity cannot agree as to the substitution of a new general contractor, the City shall be entitled to terminate this Contract as described in the General Conditions. 9. Design-Build Entity’s Design Professional of Record. The Design-Build Entity shall name a specific person to act as the Design Professional of Record as described in the General Conditions, subject to the approval of the City. The Design - Build Entity hereby designates Jesse Miller, Principle in Charge, HMC Architects, (License No. C32306) to act as the Design Professional of Record for the Project. Design-Build Entity’s Design Professional of Record shall perform all services required under the Contract Documents in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform such services in the same discipline in the State of California, and the Design Build entity shall be fully responsible to the City for any damages and/or delays to the Project as specified in the indemnification provisions of the Contract. Any change in the Design Professional of Record shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Design Professional of Record shall be of at least equal competence as the prior Design Professional of Record. In the event that City and Design-Build Entity cannot agree as to the substitution of a new Design Professional of Record, the City shall be entitled to terminate this Contract as described in the General Conditions. 10. Indemnification. To the fullest extent allowed by law, Design -Build Entity agrees to protect, save, defend and hold harmless, to the greatest extent provided b y law, the City, its governing council and each member thereof, their officers, agents and employees from any and all claims, liabilities, reasonable expenses or damages of any nature, including reasonable attorney’s fees, for injury or death of any person , or damage to property, or interference with the use of property arising out of the negligent acts, errors or omission, or willful misconduct by the Design -Build Entity, the Design- 24347.00600\31594114.1 - 5 - DESIGN-BUILD CONTRACT Build Entity’s agents, officers, employees, sub-consultants, or independent consultants hired by the Design-Build Entity to provide services pursuant to this Contract. The only exception to the Design-Build Entity’s responsibility to protect, save, defend and hold harmless the City, is where a claim, liability, expense or damage occurs due to the sole negligence, willful misconduct or active negligence of the City. This hold harmless provision shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable. Insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Design -Build Entity. Notwithstanding the foregoing, to the extent Design-Build Entity’s Scope of Work is subject to Civil Code Section 2782.8, the above indemnity shal l be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design -Build Entity. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Design-Build Entity’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City. In claims against any person or entity indemnified under this provision, that are made by an employee of the Design -Build Entity or any Subcontractor, a person indirectly employed by the Design-Build Entity or any Subcontractor, or anyone for whose acts the Design-Build Entity or any Subcontractor may be liable, the indemnification obligation under this provision shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for De sign-Build Entity or any Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts or any other insurance limitations. The indemnification obligations under this provision shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty. Joint and Several Liability shall apply to the Design-Build Entity. In the event the Design-Build Entity and one or more than one other party is connected with an accident or occurrence covered by this indemnification, then all such parties shall be jointly and severally responsible to each of the Indemnitees for indemnification, and the ultimate responsibility among such indemnifying parties for the loss and exp ense of any such indemnification shall be resolved without jeopardy to any indemnitee listed herein. 11. The Design-Build Entity’s Labor Certification. The Design-Build Entity maintains that it is aware of the provisions of Section 3700 of the California La bor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of al l work described in the Scope of Work for the Project. A certification form for this purpose is Attachment 3 to this Contract and incorporated herein by reference, and shall be executed simultaneously with this Contract. 24347.00600\31594114.1 - 6 - DESIGN-BUILD CONTRACT 12. Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Design-Build Entity is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Attachment 4 prior to contract execution. 13. Successors. The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. The Design-Build Entity may not either voluntarily or by action of law, assign any obligation assumed by the Design -Build Entity hereunder without the prior written consent of the City. 14. Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: To City: City of Arcadia 11800 Goldring Road P.O. Box 60021 Arcadia, CA 91066-6021 Attn: Eddie Chan, P.E. To Design-Build Entity: Byrom-Davey, Inc. 1232 Monte Vista Avenue, Suite 5 Upland, CA 91786 Attn: Eric Jennings Sr. Vice President Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail, first class postage prepaid, addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 15. Attachments. All Attachments referenced in this Contract are incorporated into the Contract by this reference. 16. Amendments, Changes and Modifications. This Contract may not be amended, changed, modified, altered or terminated without the written agreement of both Parties hereto. 17. Execution in Counterparts. This Contract may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 18. Applicable Law. This Contract shall be governed by and construed in accordance with the laws of the State of California, and venue in the County of Los Angeles. 24347.00600\31594114.1 - 7 - DESIGN-BUILD CONTRACT 19. Captions. The captions or headings in this Contract are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Sections of this Contract. 20. Prior Agreements. This Contract contains all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Contr act and no prior agreements or understanding pertaining to any such matter shall be effective for any purpose. 21. Further Assurances. Parties shall promptly execute and deliver all documents and instruments reasonably requested to give effect to the provisions of this Contract. 22. Recitals Incorporated. The Recitals set forth at the beginning of this Contract are hereby incorporated into its terms and provisions by this reference. 23. Time of the Essence. Time is of the essence with respect to each of the terms, covenants, and conditions of this Contract. 24. Authority of Signatories. The persons executing this Contract on behalf of their respective Parties represent and warrant that they have the authority to do so under law and from their respective Parties. IN WITNESS WHEREOF, the Parties have caused this Contract to be executed by their respective officers who are duly authorized, as of the Effective Date set forth above. CITY OF ARCADIA BYROM-DAVEY, INC. Dominic Lazzaretto Signture City Manager _________________________ Attest: Print Name and Title _ City Clerk Signature APPROVED AS TO FORM: _________________________ Print Name and Title _________________________ Stephen P. Deitsch City Attorney 24347.00600\31594114.1 - 8 - PERFORMANCE BOND ATTACHMENT 1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia, (hereinafter referred to as “City”) has awarded to Byrom- Davey, Inc., (hereinafter referred to as the “Contractor”) an agreement for Eisenhower Park Improvement Project (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of SIX MILLION, THREE HUNDRED THOUSAND DOLLARS AND NO CENTS, ($6,300,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations 24347.00600\31594114.1 - 9 - PERFORMANCE BOND under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Projec t to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 24347.00600\31594114.1 - 10 - PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2019. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) ___________________________________________ ___________________________________________ ___________________________________________ (Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above) (Telephone number of Surety ___________________________________________ and Agent or Representative for service of process in California) 24347.00600\31594114.1 - 11 - PAYMENT (MATERIAL & LABOR) BOND ATTACHMENT 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the “City”), by action taken or a resolution passed ___________________, 2019, has awarded to Byrom Davey, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Eisenhower Park Improvement Project (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of SIX MILLION, THREE HUNDRED THOUSAND DOLLARS AND NO CENTS, ($6,300,000.00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefor e, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any 24347.00600\31594114.1 - 12 - PAYMENT (MATERIAL & LABOR) BOND rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2019. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 24347.00600\31594114.1 - 13 - WORKERS COMPENSATION CERTIFICATION ATTACHMENT 3 WORKERS COMPENSATION CERTIFICATION Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees. I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. BYROM-DAVEY, INC. ____________________________________ BY: TITLE: DATE: In accordance with Article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract. 24347.00600\31594114.1 - 14 - PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ATTACHMENT 4 PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Design-Build Entity hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Design-Build Entity: DIR Registration Number: DIR Registration Expiration:_________________________ Small Project Exemption: _____ Yes or _____ No Unless Design-Build Entity is exempt pursuant to the small project exemption, Design-Build Entity further acknowledges:  Design-Build Entity shall maintain a current DIR registration for the duration of the project.  Design-Build Entity shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.  Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Design-Build Entity Signature Name and Title Dated 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 0RGXODU%OGJ 1 5HVWURRP%OGJ2QO\ 1  *DOYDQL]HGFKDLQOLQNIHQFLQJ 1  *DOYDQL]HGFKDLQOLQNIHQFLQJ 1 0RGXODUEXLOGLQJZLWK5HVWURRP&RQFHVVLRQ)DFLOLW\ 1 1 7ZR  6KDGHVKHOWHUV 1 1 6OLGLQJJDOYDQL]HGFKDLQOLQNJDWH 1 1 7ZR  'RJJLHGULQNLQJIRXQWDLQV 1 1  +LJKJDOYDQL]HGFKDLQOLQNIHQFLQJ ( 8VHH[LVWLQJ%DWWLQJ&DJH ( 8VHH[LVWLQJ6WRUDJH%LQ