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LA Law Library Building Envelope Rehabilitation & Landscape Entry Reconfiguration

Request for Statements of Qualifications

from Interested Contractors

February 2010

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TABLE OF CONTENTS

REQUEST FOR STATEMENTS OF PRE-QUALIFICATION ............................................. 3 INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF SOPQ PACKAGES ............................................................................................................. 7 STATEMENT OF PRE-QUALIFICATION (SOPQ) QUESTIONNAIRE............................ 12 CONTACT INFORMATION............................................................................................... 12 PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION.................................... 13 PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS......................... 18 PART III. CONSTRUCTION PROJECTS COMPLETED AND PROJECT MANAGER EXPERIENCE..................................................................... 29 ATTACHMENT 1 – BONDS AND INSURANCE .............................................................. 37 ATTACHMENT 2 – FORM A – JOB SCOPES PERFOMED ........................................... 45

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NOTICE TO CONTRACTORS REQUESTING STATEMENTS OF PRE-QUALIFICATIONS

For the LA Law Library Building Envelope Rehabilitation &

Landscape Entry Reconfiguration

February 2010 Notice is hereby given that the LA Law Library (“Owner”) has determined that all Contractors (“Primary and Select Subcontractors”) bidding on the LA Law Library Building Envelope Rehabilitation & Landscape Entry Reconfiguration must be pre-qualified prior to submitting a bid on the Project. It is mandatory that all Contractors who intend to submit a Bid for this project (“Prospective Bidders”), fully complete the Statements of Pre-Qualifications (“SOPQ”) package, provide all materials requested herein, and be pre-qualified by the Owner to be on the final qualified Bidder’s list. The final list of pre-qualified Contractors will be stated in the project Bid Documents. STATEMENTS OF PRE-QUALIFICATIONS: Prospective Bidders interested in submitting bids on the Work must be pre-qualified by submitting a Statement of Pre-Qualifications (SOPQ) package in the form provided by the Owner. An original and three copies of the SOPQ package must be delivered to and received by the LA Law Library at 301 W. First Street, Los Angeles, California, 90012 no later than 4:00 pm local time on Friday, February 26, 2009. SOPQ packages shall be submitted in sealed envelopes marked “Confidential” and shall include the following title on the front of the package, “SOPQ for the LA Law Library Building Envelope Rehabilitation & Landscape Entry Reconfiguration – Contractor”. The SOPQ package is specific to the Project, and is not a qualification for performing other Owner projects or Owner projects in general. Owner will notify Prospective Bidders by no later than Thursday, March 4, 2010 if the Prospective Bidder meets the Owner’s pre-qualification standards. DESCRIPTION OF THE WORK: A single contract will be awarded for construction of the Project. The Project may or may not include all the outlined scope items below. Bid pricing will determine scope of work to be contracted. The Owner anticipates, subject to change, in the Owner’s sole discretion, that the Project shall consist of the following Work at LA Law Library: BUILDING ENVELOPE REHABILITATION SCOPE OF WORK

• Excavate grade to footing level and remove existing waterproofing membrane and foundation drainage system along the entire length of the south wall of the Library. Install new waterproofing membrane and drainage system.

• Localized negative (interior) and positive (exterior) side repairs (chemical grout injection) at north and west concrete walls and at the floor slab of Level 1 of the Book Stacks of the Original Library Building. Inject through identified cracks, control joints and cold joints, and through drilled holes in the immediate vicinity of these areas, with the specified injection material. Re-seal all wall penetrations including existing electrical, water and roof drain pipe penetrations, and new penetrations associated with the landscape entry reconfiguration work.

• Localized positive (outside) side repair (chemical grout injection) in the immediate vicinity of the identified control joint at north wall of the Addition, Level 3 (Main Level) via the installation of an injectable foam grout.

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• Localized negative (interior) side repairs (chemical grout injection) at the identified control joint in the concrete perimeter wall at north wall of the Addition, Level 2 (Upper Parking Garage), via the injection of the control joint through drilled holes in the immediate vicinity of this joint, with the specified injection material.

• Repair spalls, cracks, control joint sealants and cracks at cold joints of the building envelope of the Library (Original and Addition) and Parking Structure, including associated retaining walls, fencing and other appurtenances. Application of an elastomeric coating at all building envelope, retaining walls, fencing surfaces and other appurtenances upon completion of repair work.

• Apply factory finished siding at the exterior walls of each Stairway Penthouse and the Mechanical Equipment Penthouse, of the Original Library Building including counter flashing at wall/roof transitions.

• Remove existing roof membrane and insulation of Original Library Building. Replace roof membrane with single-ply system, including tapered composite insulation, crickets, drains and scuppers.

• Prepare and apply wet seal at the window frame and concrete window opening interface, and at window frame and glazing interface of the south strip window of the Administrative Offices (Main level).

• Prepare and paint all new and existing metal building components, except for stainless steel and factory finished metal.

• Remove existing granite paneling along the south elevation of the Library, and replace with new.

LANDSCAPE SCOPE OF WORK

• Demolish and remove remaining hardscape and plant materials not already demolished and removed during the Building Envelope Rehabilitation Project (see drawing set issued by Allana, Buick and Bers) per demolition plan.

• Protect-in-place all trees and hardscape as noted on plans per notes and specifications. • Relocate and reinstall all fire department connections per mechanical plans. • Install mechanical and electrical stub-out vaults per mechanical and electrical plans. • Grade site to conform to landscape civil engineering drawings. • Build poured-in-place raised concrete planters, concrete masonry protection walls adjacent

to the building, concrete sub-base for hardscape paving and stairs, concrete slabs, curbing and mow strips, book drop concrete base, flagpole base and ADA access ramp per civil engineering, structural engineering and landscape plans.

• Apply ADA Path of Travel Striping per landscape plans. • Install surface and subsurface drainage, trench drains and catch basins per civil

engineering drawings. • Waterproof all poured-in-place concrete raised planters and other landscape walls

extending below finished grade per landscape plans. • Install granite hardscape and reface select poured-in-place concrete features with polished

granite fascia to match building envelope per landscape plans. • Apply anti-graffiti sealant to all poured-in-place concrete planter walls. • Install GreenScreen trellis and chain link fencing per structural engineering and landscape

plans. • Install irrigation controller, backflow preventer, mainlines, lateral heads and miscellaneous

equipment per the irrigation plans.

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• Install all properly amended and tested imported soils per landscape plans and specifications.

• Install plant material, pea gravel, mulch, root barriers and high grade metal mow strips per the planting plan.

• Install all handrails and cable rails per landscape plans. • Install all electrical connections and lighting per electrical plans. • Install other miscellaneous items as per plans.

PROJECT SCHEDULE: The anticipated Project schedule is summarized below:

Project Milestone Anticipated Date Owner Issues Request for SOPQ February 17, 2010 Owner Receives SOPQ Packages February 26, 2010 Owner Notifies Prospective Bidders of Qualification to Bid March 04, 2010 Notification of Bid Meeting March 17, 2010 Job Walk March 25, 2010 Bid Period March 26 – April 15, 2010 Bid Opening April 16, 2010 Bid Award April 28, 2010 Kick Off Meeting with Bid Winner May 10, 2010 OBTAINING SOPQ PACKAGES: Prospective Bidders may download a SOPQ package at no cost by visiting our website at WWW.lalawlibary.org Licensing Requirements: The Prime Contractor shall posses a Class A – General Engineering Contractor License or a Class B – General Building Contractor License. Both licenses are required for this project. Whichever license the Prime Contractor lacks may be in the possession of its sub-contractor. In addition, there will be other certifications or licenses required for specific scopes of work as listed below (Not Necessarily a Complete List). Landscape Construction/Renovation Scope – Class A - License Landscape Concrete Planter Walls Scope – C-8 License Landscape Planting & Irrigation Scope – C-27 License Landscape Mechanical Scope – C-36 Landscape Electrical Scope – C-10 Landscape Grading and Drainage Scope – C-12 Landscape Waterproofing Scope – C-61 & D-51 Landscape Masonry Scope – C-29 Building Envelope Rehabilitation Scope – Class B – License Roofing Scope – C-39 License Below Grade Waterproofing Scope – C-39 or C-61 & D-51 License Spall Repair Scope – Shall be authorized by the spall repair material manufacturer (Sika, or approved equal) as a certified applicator prior to the bid date. Elastomeric Coating Scope – Shall be authorized were required, by the manufacturer as a certified applicator prior to the bid date. As provided in Public Contract Code Section 20101, SOPQ Packages (SOPQ questionnaire answers and financial statements), submitted by Prospective Bidders, are not public records and

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are not open to public inspection. All information provided will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of Prospective Bidders applying for pre-qualification status shall be public records subject to disclosure, and the first page of the SOPQ questionnaire will be used for that purpose. The Prospective Bidder shall provide only complete and accurate information in their SOPQ Package. The Prospective Bidder acknowledges that the Owner is relying on the truth and accuracy of the responses contained herein. Each SOPQ questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Prospective Bidder on whose behalf that person is signing. If any information provided by a Prospective Bidder becomes inaccurate, the Prospective Bidder must immediately notify the Owner and provide updated accurate information in writing, under penalty of perjury. Should a Prospective Bidder omit or falsify requested information, the Owner may designate the Prospective Bidder as not pre-qualified. The Owner reserves the right to waive non-material irregularities and omissions in the information contained in the pre-qualification application submitted and to make all final determinations. The Owner reserves the right to cancel this Notice or to reject any and all responses and SOPQ Packages, in its sole discretion. The Owner shall not be liable for any costs incurred by Contractors in the preparation and submittal of responses to this Request for Qualifications. The Prospective Bidder accepts all risks and cost associated with the completion of the SOPQ Package without any financial guarantee by the Owner. DATED: ___________________ SIGNED: ___________________________

***END OF NOTICE***

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INSTRUCTIONS FOR PREPARATION AND SUBMISSION OF SOPQ PACKAGES

QUESTIONS AND COMMENTS Any questions, comments or objections to the pre-qualification materials, or explanation desired by a Prospective Bidder regarding the meaning or interpretation of the Pre-Qualification Package and related materials shall be made in writing and delivered by U.S. Mail, Facsimile or E-mail (with E-mail delivery receipt request) at least five (5) calendar days before the time specified for submission of SOPQ Packages to: Mr. Richard Ortega, Director Business Services LA Law Library 301 W. First Street Los Angeles, CA 90012 Ph: 213-785-2520 Fax: 213-680-1727 E-mail: rortega@lalawlibrary.org It is the Prospective Bidder's sole responsibility to ensure that the e-mail questions are received by the Owner in a timely manner. Upon receipt of an e-mail question, the Owner shall provide acknowledgement of receipt within 2 business days. If the Prospective Bidder does not receive an acknowledgement of receipt of an e-mail question from the Owner within the above referenced timeframe, the Prospective Bidder shall assume the e-mail transmission was not received by the Owner, and shall be responsible for resubmitting the same in a timely manner, and if necessary by an alternate allowable method of transmission allowing for confirmation of receipt (e.g., facsimile). Any information provided to any Prospective Bidder concerning a solicitation will be furnished to all Prospective Bidders who requested a Pre-Qualification Package. By submitting a completed SOPQ Package, the Prospective Bidder waives any and all objections to its form and content. PREPARATION OF SUBMITTAL The SOPQ Package submittal shall consist of one (1) original and three (3) copies of the SOPQ materials to be delivered. The original and each copy of a SOPQ Package submittal shall be assembled in separate 3-ring binders with a Title Page, Table of Contents, and Section Dividers. The submittal information shall be presented in the order requested under Submittal Information. All pages shall be punched and printing shall be arranged so that punching does not obliterate any data. It is mandatory that all Prospective Bidders who desire to submit a bid, fully complete the SOPQ questionnaire, provide all materials requested herein, and be approved by Owner to be on the final qualified Bidders list. No bid will be accepted from a Bidder that has failed to comply with these requirements. If two or more business entities submit a bid as part of a Joint Venture, or expect to submit a Bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified through this process, with the exception that only one Joint Venture Partner must complete the Project Manager requirements under Part III of the SOPQ questionnaire. Submittals must include the following, but are not limited to:

1. Contact Information Form. Listed Sub-contractors in Form A are required to submit this form as well.

2. SOPQ questionnaire

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a. Part I (completed with the following attachments) i. Form A ii. Copy of Insurance Forms indicating compliance with SOPQ iii. Financial Statement

b. Part II (Completed with the following attachments) c. Part III – Listed Sub-contractors in Form A are required to submit Part III of the

SOPQ questionnaire. (Completed with the following attachments) i. Project Experience Sheets ii. Project Manager Experience Sheets

EXCLUSION OF COST QUOTATIONS The SOPQ Package Submittal is a request for information, not a cost proposal. Contractors are advised that a formal or informal cost quotation for the project is not requested by the Owner and should not be included with the Submittal. Any such information furnished will not be considered. WITHDRAWAL OF SUBMITTAL A SOPQ Package submittal may be withdrawn by a Prospective Bidders, at any time prior to the Owner’s determining the final list of qualified Bidders, by written request to: Mr. Richard Ortega, Director Business Services LA Law Library 301 W. First Street Los Angeles, CA 90012 SOPQ PACKAGE SUBMITTAL REVIEW The answers to questions contained in the attached SOPQ questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required and will be used by the Owner to rate Prospective Bidders with respect to their qualifications to bid on the Project. Owner reserves the right to check other sources available and to interview the Proposed Bidder and designated Project Manager for the Project. Owner's decision will be based on objective evaluation criteria. Owner reserves the right to adjust, increase, limit, suspend or rescind the pre-qualification rating based on subsequently learned information. Contractors whose rating changes sufficiently to disqualify them will be notified, and given an opportunity for a hearing consistent with the procedures described below for appealing a pre-qualification rating. While it is the intent of the SOPQ questionnaire and documents required therewith to assist the Owner in determining contractor responsibility prior to bid, neither the fact of pre-qualification, nor any pre-qualification rating, will preclude the Owner from a post-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. As provided in Public Contract Code Section 20101, SOPQ Packages (SOPQ questionnaire answers and financial statements), submitted by Prospective Bidders, are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires

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that the names of Prospective Bidders applying for pre-qualification status shall be public records subject to disclosure, and the first page of the SOPQ questionnaire will be used for that purpose. The Prospective Bidder shall provide only complete and accurate information in their SOPQ Packages. The Prospective Bidder acknowledges that the Owner is relying on the truth and accuracy of the responses contained herein. Each SOPQ questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Prospective Bidder on whose behalf that person is signing. If any information provided by a Prospective Bidder becomes inaccurate, the Prospective Bidder must immediately notify the Owner and provide updated accurate information in writing, under penalty of perjury. Should a Prospective Bidder omit or falsify requested information, the Owner may designate the Prospective Bidder as not pre-qualified. The Owner reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted and to make all final determinations. The Owner reserves the right to cancel this Notice or to reject any and all responses and SOPQ Packages, if it determines in its sole discretion, that such cancellation or rejection is in the best interest of the Owner. Prospective Bidders may submit pre-qualification packages during regular Owner working hours (Monday – Friday 8:30 am to 6:00 pm) any day before February 26, 2010 at 4:00 pm. Prospective Bidders who submit a complete pre-qualification package will be notified in writing no later than March 4, 2010 if the Prospective Bidder meets the Owner pre-qualification standards. The Owner must receive all SOPQ Package submittals and materials requested herein by the date and time stated in this Notice. SOPQ Package submittals received after that time will be returned unopened, and the Contractor will not be eligible to participate in bidding for the contract to construct the Project. Incomplete or unsigned SOPQ Package submittals will be returned without review and the Prospective Bidder will not be eligible to participate in bidding for the contract to construct the Project. If the Prospective Bidder has not been in business for the time period for which information is requested, it shall submit information on predecessor entities covering that time period. This requirement applies to Joint Ventures, which shall submit information on each of the Joint Venture entities for the specified time period for which information is requested. The Owner will evaluate all complete SOPQ Package submittals on a Pass/Fail basis as well as a points-based rating system. In order to pre-qualify for this Project, Prospective Bidder must obtain a “Pass” rating on all of the criteria set forth in Part I and meet the minimum rating requirements of the Owner for Parts II through III. Those Prospective Bidders who do not obtain a “Pass” rating for all of the criteria in Part I will not be pre-qualified to participate in bidding for the contract to construct the Project regardless of the scores obtained in Parts II through III. The contract for construction of the Project may be awarded, if at all, to the responsible, pre-qualified bidder, submitting the lowest responsive bid. Neither issuing this Notice, nor any other activity related to the pre-qualification process, commits or obligates the Owner to award a contract for the Project, to pay costs incurred in the preparation of a SOPQ package submittal, or to procure or contract for any services. Owner retains the right to reject any and all SOPQ Package submittals, to contract work with whomever and in whatever manner Owner decides, or to abandon the Work entirely.

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PROSPECTIVE BIDDER APPEAL PROCESS The Owner may refuse to grant pre-qualification where the requested information and materials are not provided. There is no appeal from a refusal for an incomplete or late application which shall constitute minor irregularities or omissions. The closing time for submittals will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. Where a timely and completed SOPQ Package submittal results in a rating below that necessary to pre-qualify, an appeal can be made. An appeal is begun by the Prospective Bidder delivering notice to the Owner of its appeal of the decision with respect to its pre-qualification rating, no later than 4:00 p.m. on March 11, 2010. The notice of appeal must contain a complete statement of the basis for the appeal and all supporting documentation. Without a timely appeal, the Prospective Bidder waives any and all rights to challenge the decision of the Owner, whether by administrative process, judicial process or any other legal process or proceeding. If the Prospective Bidder gives the required notice of appeal and requests a hearing, the hearing shall be conducted on one of the two following dates March 15th or March 16th 2010. The hearing shall be an informal process conducted by a panel to which the Owner has delegated final authority and responsibility to hear such appeals (the “Appeals Panel”). The Appeals Panel shall consist of at least three persons selected by Owner to serve in that capacity. At or prior to the hearing, the Prospective Bidder will be advised of the basis for the Owner's pre-qualification determination. The Prospective Bidder will be given the opportunity to present information and present reasons in opposition to the rating to the extent they have been identified in their notice of appeal. Within four (4) calendar days after the conclusion of the hearing, the Appeals Panel will render its decision, and the Prospective Bidder will be given written notice of the decision, which shall be final and binding. The SOPQ Package submittal, its completion and submission by the Prospective Bidder, and its use by the Owner, shall not give rise to any liability on the part of the Owner to the Prospective Bidder or any third party or person. This is not a solicitation for bid. No guarantees are made or implied that the Project will be constructed, either in part or in whole. The Owner shall not be liable for any costs incurred by Contractors in the preparation and submittal of responses to this Request for Qualifications. The Prospective Bidder accepts all risks and cost associated with the completion of the SOPQ Package without financial guarantee. By my signature below, I acknowledge receipt of this document and agree to be bound by its terms and agree to submit it as part of the SOPQ Package submittal to the Owner. __________________________________ Full Name of Contractor __________________________________ Signed __________________________________ Name __________________________________ Title __________________________________ Date

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***END OF INSTRUCTIONS TO PROSPECTIVE BIDDERS***

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STATEMENT OF PRE-QUALIFICATION (SOPQ) QUESTIONNAIRE

FOR

LA Law Library Building Envelope Rehabilitation &

Landscape Entry Reconfiguration

–CONTRACTOR– CONTACT INFORMATION

Firm Name: Check One: □ Corporation

(As it appears on license) □ Partnership

□ Sole Prop.

Corporate Tax Identification Number: __ Contact Person: ____ Address: Phone: Fax: E-mail Address: ______________________ If firm is a sole proprietor or partnership: Owner(s) of Company Prospective Bidder’s License Number(s) and Classifications:

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PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION

An answer of “No” to any of the Questions 1 through 10 will be rated a “Fail” and the Prospective Bidder will be immediately disqualified.

An answer of “Yes” to any of the Questions 11 through 14 will be rated a “Fail” and the Prospective Bidder will be immediately disqualified.

LICENSING, EXPERIENCE & REFERENCES REQUIREMENTS Note: For each qualification listed below the Prospective Bidder shall provide a separate attached list of at least three (3) successful projects of similar scopes and costs. Prime Contractors (and Sub-contractors if not specifically modified below) License: Class A License or Class B License, plus other applicable licenses listed

below for work which the Prime Contractor intends to self perform. Experience: The Owner will not accept bids from Contractors unless they meet the

following experience requirements. The bidder, must have a minimum five years documented experience with renovation/rehabilitation projects with construction values of 1 million dollars or greater. Bidder shall provide references, as required in SOPQ, for projects of similar scopes and costs.

Staffing: The bidder is required to provide a list of key staffing personal and their

roles for the project. Bidders who fail to utilize the staff outlined in the SOPQ without the written permission of the Owner are subject to contract termination.

Bonding: As per attachment 1 Insurance: As per attachment 1 Safety: The Bidder, or its required listed sub-contractors, shall provide OSHA

safety logs for review by Owner. Roofing Scope License: C-39 License Experience: The bidder, or its listed subcontractor, must have a minimum five years

documented experience installing thermoplastic membrane roofing systems, or equivalent; and shall be authorized by the membrane manufacturer (Sarnafil, or approved equal) as a certified applicator prior to the bid date.

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Below Grade Waterproofing Scope License: C-39 or C-61/D-51 Experience: The bidder, or its listed subcontractor, must have a minimum five years

documented experience installing negative side injection grout waterproofing and (or if sub-contracted separately) vertically applied hot rubber waterproofing systems, or equivalent; and shall be authorized by the waterproofing system manufacturer (DeNeef and Hydrotech, or approved equal) as a certified applicator prior to the bid date.

Concrete Rehabilitation Scope License: C-61/D-08 Experience: The bidder, or its listed subcontractor, must have a minimum five years

documented experience in concrete repair and protection, or equivalent; and shall be authorized, were required, by the concrete repair and protection material manufacturer (Sika, or approved equal) as a certified applicator prior to the bid date.

Elastomeric Coating Scope License: C-33 Experience: The bidder, or its listed subcontractor, must have a minimum five years

documented experience installing elastomeric coatings, or equivalent; and shall be authorized, were required, by the manufacturer as a certified applicator prior to the bid date.

Landscape Construction/Renovation Scope License: Class A Experience: The bidder or its listed sub-contractor must have a minimum of five years

documented experience in renovation/retrofit work, new library construction, existing library renovation and architectural concrete work.

Landscape Concrete Planter Walls Scope License: C-8 Experience: The bidder or its sub-contractor must have a minimum of five years

documented experience in the construction or renovation of concrete planter walls.

Landscape Planting & Irrigation Scope License: C-27 Experience: The bidder or its sub-contractor must have a minimum of five years

documented experience in the installation of planting and irrigation systems. Landscape Mechanical Scope License: C-36 Experience: The bidder or its sub-contractor must have a minimum of five years

documented experience in the installation of relocating Building Fire Hydrant Valves on-site.

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Landscape Electrical Scope License: C-10 Experience: The bidder or its sub-contractor must have a minimum of five years

documented experience in lighting and electrical site work. Landscape Grading and Drainage Scope License: C-12 Experience: The bidder or its sub-contractor must have a minimum of five years

documented experience in grading and drainage work. Landscape Waterproofing Scope License: C-61 & D-51 Experience: The bidder or its sub-contractor must have a minimum of five years

documented experience in landscape waterproofing. Landscape Masonry Scope License: C-29 Experience: The bidder or its sub-contractor must have a minimum of five years

documented experience in the installation of masonry work. QUESTIONS

1. Prospective Bidder, bidding as a Prime Contractor, possesses as a minimum a valid and current California Contractor’s Class A- General Engineering Contractor License or Class B- General Building Contractor.

� Yes � No

2. Prospective Bidder has provided a list (attach Form A) of scopes of work that will be

either self performed or provided via sub-contractor, and has verified that the Bidder or the proposed sub-contractors meet the licensing requirements of the SOPQ or one or more of the required licensing classes required for the type of work they intend to self perform. If Bidder wishes to pre-qualify several sub-contractors for a specific scope this is acceptable.

� Yes � No � Not Applicable (Qualifying as a prime contractor)

3. Prospective Bidder will comply with and provide all insurance as defined in

Attachment No. 1, Liability and Insurance.

� Yes � No

Note: Prospective Bidder shall provide as part of their SOPQ Package Submittal a notarized statement from the insurance carrier(s) or insurance broker Prospective Bidder will utilize on the Project certifying that the specified insurance requirements will be met. Please note that these are preliminary insurance requirements that are subject to change. The contractor will be required to provide insurance as provided for in the Project Bid Documents.

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4. Prospective Bidder has current workers’ compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq.

� Yes � No � Prospective Bidder is exempt from this requirement

because it has no employees

5. Prospective Bidder’s Three Year Average Experience Modification Rate (EMR) is less than or equal to 1.00 (100%) and Prospective Bidder has furnished a letter from its insurance carrier for verification of its three year average EMR. See Part II- Item 33.

� Yes � No

7. Have you attached your latest copy of a reviewed or audited financial statement

with accompanying notes and supplemental information?

� Yes � No

NOTE: A financial statement that is not either reviewed or audited is not

acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement.

8. Have you attached a notarized statement from an admitted surety insurer

(approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the project for which you seek pre-qualification, (b) your current available bonding capacity?

� Yes � No

NOTE: Notarized statement must be from the surety company, not an agent

or broker.

9. In accordance with Part III, Item 38, Prospective Bidder has provided a separate attached list of at least three (3) successful projects for each of the job scopes listed below that it is qualifying for. The Bidder must have a minimum of (5) years experience in each of these scopes of work.

1. Landscape (contractor experience required in renovation retrofit work, architectural concrete work, new library construction, existing library renovation, planting & irrigation, plumbing experience with relocating building fire hydrant vales, and lighting/electrical site work)

2. Concrete Rehabilitation 3. Hot Rubberized Asphalt Waterproofing 4. Injection Grouting 5. Thermoplastic Membrane Roofing 6. Elastomeric Coatings

� Yes � No

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10. In accordance with Part III, Item 39, Prospective Bidder qualifying as a prime

Contractor has a Project Manager who will be assigned to this Project, and will be personally on-site full time, who has successfully completed at least a $1 million project in at least one of the following type of projects; Thermoplastic Roofing, Concrete Rehabilitation, Hot Rubberized Asphalt Waterproofing, or Landscape Installation/Renovation in the role of Project Manager within the last five (5) years.

� Yes � No

11. Has your contractor’s license been revoked at any time in the last five years?

� Yes � No

12. Has a surety firm completed a contract on your behalf, or paid for completion

because your firm was default terminated by the project owner within the last five (5) years?

� Yes � No

13. At the time of submitting this pre-qualification form, is your firm ineligible to bid on or

be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7?

� Yes � No

If the answer is “Yes,” state the beginning and ending dates of the period of

debarment: _______________________ 14. At any time during the last five years, has your firm or any of its owners or officers

been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract?

� Yes � No

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PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS

A. Current Organization and Structure of the Business For Firms That Are Corporations: 1a. Date incorporated: 1b. Under the laws of what state:

1c. Is it a publicly traded corporation? � Yes � No

1d. Provide all the following information for each person who is either (a) an officer of

the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the corporation’s stock.

Name Position Years with Co. % Ownership 1e. Identify every construction firm that any person listed above has been associated

with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or 10 per cent or more of its stock, if the business is a corporation.

Person’s Name

Construction Firm

Dates of Person’s Participation with Firm

For Firms That Are Partnerships: 1a. Date of formation: __________________ 1b. Under the laws of what state: _______________

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1c. Provide all the following information for each partner who owns 10 per cent or more of the firm. If no partner owns at least 10 percent of the firm, identify the three partners with the largest percentage ownership of the firm.

Name Position Years with Co. % Ownership

1d. Identify every construction company that any named partner has been associated

with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation.

Person’s Name

Construction Company

Dates of Person’s Participation with Company

For Firms That Are Sole Proprietorships: 1a. Date of commencement of business: 1b. Identify every construction firm that the business owner has been associated with

(as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation.

Person’s Name

Construction Company

Dates of Person’s Participation with Company

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For Firms That Intend to Make a Bid as Part of a Joint Venture: 1a. Date of commencement of joint venture: 1b. Provide all of the following information for each firm that is a member of the joint

venture that expects to bid on one or more projects:

Name of firm % Ownership of Joint Venture

B. History of the Business and Organizational Performance 2. Has there been any change in ownership of the firm at any time during the last

three years? NOTE: A corporation whose shares are publicly traded is not required to answer this question.

� Yes � No

If “yes,” explain on a separate signed page. 3. Is the firm a subsidiary, parent, holding company or affiliate of another construction

firm? NOTE: Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm.

� Yes � No

If “yes,” explain on a separate signed page. 4. Are any corporate officers, partners or owners associated with any other

construction firms? NOTE: Include information about other firms if an owner, partner, or officer

of your firm holds a similar position in another firm.

� Yes � No

If “yes,” explain on a separate signed page. 5. State your firm’s gross revenues for each of the last three years: 2007 2008 2009

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6. How many years has your organization been in business in California as a

contractor under your present business name and license number? Years 7. Is your firm currently the debtor in a bankruptcy case?

� Yes � No

If “yes,” please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed.

8. Was your firm in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above)

� Yes � No

If “yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court’s discharge order, or of any other document that ended the case, if no discharge order was issued.

C. Licenses

9. List all California construction license numbers, classifications and expiration dates of the California contractor licenses held by your firm:

________________________________________________ ________________________________________________ 10. If any of your firm’s license(s) are held in the name of a corporation or partnership,

list below the names of the qualifying individual(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license.

________________________________________ ________________________________________ 11. Has your firm changed names or license numbers in the past five years?

� Yes � No

If “yes,” explain on a separate signed page, including the reason for the change.

12. Has any owner, partner or (for corporations :) officer of your firm operated a

construction firm under any other name in the last five years?

� Yes � No

If “yes,” explain on a separate signed page, including the reason for the change.

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13. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years?

� Yes � No

If “yes,” please explain on a separate signed page. D. Disputes 14. At any time in the last five years has your firm been assessed and/or paid liquidated

damages under a construction contract with either a public or private owner?

� Yes � No

If yes, explain on a separate signed page, identifying all such projects by owner, owner’s address, the date of completion of the project, dollar amount of liquidated damages assessed, the number of days of delay for which liquidated damages were assessed and all other information necessary to fully explain the assessment of liquidated damages.

15. In the last five years has your firm, or any firm with which any of your company’s

owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: “Associated with” refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question 1c or 1d on this form.

� Yes � No

If “yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action.

16. In the last five years has your firm been denied an award of a public works contract

based on a finding by a public agency that your company was not a responsible bidder?

� Yes � No

If “yes,” explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency.

* * * * *

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NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about “pass-through” disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000.

17. In the past five years has any claim against your firm concerning your firm’s work

on a construction project been the subject of litigation or arbitration?

� Yes � No

If “yes,” on separate signed pages of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court or forum in which the claim was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). If “yes”, are there any current claims against your company that should you lose the claim(s), would adversely affect your financial position or your ability to meet your obligations if awarded the contract for this Project? If so, please explain.

18. In the past five years has your firm made any claim against a project owner concerning your work on a project or payment for a contract and filed that claim in court or arbitration?

� Yes � No

If “yes,” on separate signed pages of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court or forum in which the claim was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). If “yes”, are there any current claims against a project owner that should you lose the claim(s), would adversely affect your financial position or your ability to meet your obligations if awarded the contract for this Project? If so, please explain.

19. At any time during the past five years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm’s behalf, in connection with a construction project, either public or private?

� Yes � No

If “yes,” explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.

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20. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm?

� Yes � No

If “yes,” explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal.

E. Criminal Matters and Related Civil Suits 21. Has your firm or any of its owners, officers or partners ever been found liable in a

civil suit or arbitration or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity?

� Yes � No

If “yes,” explain on a separate signed page, identify the proceeding in which such a finding was made by providing the title of the proceeding, the court or forum in which the proceeding was pending, the name of the person or persons involved, including the name of the owners, officers or partners as to which the finding was made and the plaintiff, prosecutor or petitioner alleging the existence of any false claim or material misrepresentation and a description of the nature of the false claim or material misrepresentation at issue.

22. Has your firm or any of its owners, officers or partners ever been convicted of a

crime, entered into a plea agreement or consent decree; involving any federal, state, or local law related to construction?

� Yes � No

If “yes,” explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction, plea agreement, consent decree and the grounds for the conviction.

23. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?

� Yes � No

If “yes,” identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct.

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F. Bonding 24. Bonding capacity: Provide documentation from your surety identifying the following:

Name of bonding company/surety: ________________________________________________

Name of surety agent, address and telephone number:

25. If your firm was required to pay a premium of more than one per cent for a

performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so.

26. List all other sureties (name and full address) that have written bonds for your firm

during the last five years, including the dates during which each wrote the bonds:

27. During the last five years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required?

� Yes � No

If yes, provide details on a separate signed page indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place.

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G. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety

28. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years?

NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.

� Yes � No

If “yes,” attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

29. Has the federal Occupational Safety and Health Administration cited and

assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

� Yes � No

If “yes,” attach a separate signed page describing each citation. 30. Has the EPA or any Air Quality Management District or any Regional Water

Quality Control Board initiated an inquiry, or made a request for information involving either your firm or the owner of a project on which your firm was a contractor, in the past five years?

� Yes � No

If “yes,” attach a separate signed page describing each citation. 31. Has the EPA or any Air Quality Management District or any Regional Water

Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years?

NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

� Yes � No

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If “yes,” attach a separate signed page describing each citation. 32. How often do you require documented safety meetings to be held for construction

employees and field supervisors during the course of a project?

33. Experience Modification Rate (EMR): Prospective Bidders shall obtain a letter

from your insurance carrier (or state fund if applicable) with your interstate EMR’s for the current year, previous year and year prior to previous year. If you do not have an interstate rating, obtain your intrastate EMR’s. Attach the letter as part of this SOPQ Package Submittal. The Prospective Bidder shall list below the Experience Modification Rate for the current year, previous year and year prior to previous year as provided by your insurance carrier.

Year EMR

Current year _______________

Previous year _______________

Year prior to previous year _______________

Three Year Average _______________

Are the above rates interstate or intrastate? ____________________ If intrastate, which state? _____________________

NOTE: Any of the following methods of “obtaining a letter” are acceptable:

• Furnish a letter from your insurance agent, insurance carrier or state fund (on their letterhead) verifying the EMR data listed above; or

• Furnish a Photostat of the applicable Experience Rating Calculation Sheets,

which your insurance carrier should forward to you annually.

A Prospective Bidder will be immediately disqualified if its Three Year Average EMR is greater than 1.00 (100%).

34. Within the last five years has there ever been a period when your firm had employees but was without workers’ compensation insurance or state-approved self-insurance?

� Yes � No

If “yes,” please explain the reason for the absence of workers’ compensation insurance on a separate signed page. If “No,” please provide a statement by your current workers’ compensation insurance carrier that verifies periods of workers’

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compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers’ compensation insurance carrier verifying continuous workers’ compensation insurance coverage for the period that your firm has been in the construction business.)

H. Prevailing Wage and Apprenticeship Compliance Record 35. Has there been more than one occasion during the last five years in which your firm

was required to pay either back wages or penalties for your own firm’s failure to comply with the state’s prevailing wage laws?

NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

� Yes � No

If ”yes,” attach a separate signed page or pages, describing the nature of each

violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.

36. During the last five years, has there been more than one occasion in which your

own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements?

� Yes � No

If “yes,” attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid.

37. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works?

� Yes � No

If “yes,” provide the date(s) of such findings, and attach copies of the Department’s final decision(s).

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PART III. RECENT CONSTRUCTION PROJECTS COMPLETED AND PROJECT MANAGER EXPERIENCE

38. In accordance with Part I, Question 9, Prospective Bidder, must provide a separate

attached list of at least three (3) successful Landscape, Waterproofing, Roofing or Building Envelope Rehabilitation projects, or a subcategory of these types of projects, the Prospective Bidder s is attempting to qualify for, which clearly demonstrates to the Owner that the Prospective Bidder has been actively and continuously engaged since January 1, 2005 until present as a Prime or Subcontractor in the construction of the following types of projects:

The list of projects may include projects currently under construction. If the Bidder is a Joint Venture of two or more companies, each participant in the Joint Venture shall meet this prior project experience requirement and provide project information for each Joint Venture participant in the format found below.

The Bidder’s list of projects should contain, at a minimum, the following six informational items for each project listed:

1. Project Name:

2. Owner:

3. Construction Final Contract Amount: $________

4. Construction Contract Time: __________

5. Date of Substantial Completion (beginning with projects as of January 2005 and ending with projects currently under construction):

6. Current Owner Contact Information (Name and current office direct dial of cell phone number) for Owner to verify project information provided by Bidder.

Important Note: Any projects found on Bidder’s Completed Projects list which are not as defined above will not be considered by the Owner in meeting this pre-requisite experience requirement.

39. Prospective Bidder qualifying as a Prime Contractor shall name below the Project Manager who will be assigned to this Project and will be personally on-site full time. Bidder shall submit past related project experience of this person which must include successfully completing a $1 million project that included one of the following job scopes; Landscape Installation or Renovation, Thermoplastic Membrane Roofing, Concrete Rehabilitation, or Hot Rubberized Asphalt Waterproofing where this person held the role of Project Manager. The demonstrated experience of the Project Manager must have been within the last

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five (5) years. Prospective Bidders may submit one alternate name for this position in the event the first named person is not available.

Name of Project Manager: ___________________________________________ Number of Years of Total Construction Experience as a Project Manager _____ The type of construction involved: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Number of Years as a Project Manager for your company: ______ List three (3) related projects (Landscape Installation or Renovation, Thermoplastic Membrane Roofing, Concrete Rehabilitation, or Hot Rubberized Asphalt Waterproofing) below where the individual named above held the position of Project Manager. One of the projects must have a contract value of at least $1 million. If the Prospective Bidder elects to name an alternate Project Manager, the Prospective Bidder shall complete and submit another experience form for that individual with this SOPQ Package. Project #1 Name: _____

Location: ______

Owner: ______ Owner Contact (name and current phone number): Architect or Engineer:___________________________________________

Architect or Engineer Contact (name and current phone number):

Construction Manager (name and current phone number):

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Description of Project, Scope of Work Performed: Total Value of Construction (including change orders):

Original Scheduled Completion Date:

Time Extensions Granted (number of days): Actual Date of Completion: Project #2 Name: _____

Location: ______

Owner: ______ Owner Contact (name and current phone number): Architect or Engineer:___________________________________________

Architect or Engineer Contact (name and current phone number):

Construction Manager (name and current phone number):

Description of Project, Scope of Work Performed:

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Total Value of Construction (including change orders):

Original Scheduled Completion Date:

Time Extensions Granted (number of days): Actual Date of Completion: Project #3 Name: _____

Location:

Owner: Owner Contact (name and current phone number): Architect or Engineer:___________________________________________

Architect or Engineer Contact (name and current phone number):

Construction Manager (name and current phone number):

Description of Project, Scope of Work Performed: Total Value of Construction (including change orders):

Original Scheduled Completion Date:

Time Extensions Granted (number of days):

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Actual Date of Completion:

It is the responsibility of the Prospective Bidder to verify that all previous project contact information listed above is current and accurate. Failure of the Prospective Bidder to provide current and accurate project contact information may be grounds for the Owner to determine the Prospective Bidder as non-responsible and ineligible for further Pre-Qualification consideration. The Owner will not chase down current contact information on the Prospective Bidder’s behalf.

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AFFIDAVIT

We, the undersigned, (name) as the authorized representatives for _____________ (company) a Prospective Bidder for the LA Law Library Building Envelope Rehabilitation & Landscape Entry Reconfiguration Project, do hereby attest that all statements and representations made herein are true and correct to the best of our knowledge. These statements are made openly and freely without intent to influence or embellish actual conditions or circumstances that occurred. I declare under penalty of perjury under the laws of the State of California that the foregoing is correct. We acknowledge that we have received Addendum ___ through _________ . We understand that the Owner will investigate any and all statements and representations made by us and our firm in this Statement of Qualifications and we freely give our permission for them to do so. Should releases be required by any of our former customers, professional, financial, or bonding institutions to release verification of the enclosed data, we have provided them. We agree to waive any claims against the Owner, Construction Manager, Design Engineer and/or any third party for the release of the information obtained by or provided to the Owner to evaluate this Statement of Qualifications. We further understand that any false statement or representations made in this application will result in disqualification of our firm as a Bidder for the Project. If it is determined that these false statements or representations were purposefully made to change, hide, or obscure negative information from the Owner in an attempt to qualify under these false pretenses, the action will result in loss of eligibility for our firm to qualify for any LA Law Library contracts for a minimum period of one (1) year and a maximum period of five (5) years from the date of discovery. (Name) (Signature) (Title) Attested: Corporate Seal (Name) (Signature) (Title) Date , 200__

***END of SOPQ QUESTIONAIRE***

35

ATTACHMENT 1- BONDS AND INSURANCE ARTICLE 5 - LIABLITY AND INSURANCE

2.0 LIABILITY AND INSURANCE 2.1 Insurance Within ten (10) days after notice of award of the Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Section 00800-2.0, LIABILITY AND INSURANCE, and submit coverage verification for approval by the Owner prior to the Owner’s execution of the Contract. The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the Owner. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. In addition, the Commercial General Liability insurance shall be maintained for a minimum of one (1) year after final completion and acceptance of the Work. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required herein. The Contractor shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor, except Builder’s Risk Insurance, has been obtained and verified by the Contractor and submitted for the Owner’s review and records. Subcontractors shall furnish original certificates and required endorsements as verification of insurance coverage. The insurance liability limits specified in Section 00800-2.1.1. b(2), LIABILITY AND INSURANCE, shall also apply for all subcontractors listed in Section 00430, DESIGNATION OF SUBCONTRACTORS. The Contractor shall designate the required insurance liability limits for all other subcontractors. Companies writing the insurance under this article shall be licensed to do business in the State of California or be permitted to do business under the Surplus Line Law of the State of California. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A - :VII. Each insurance policy required by this contract shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Owner. Contractor shall include all costs for insurance in its bids. Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from its operations under this Contract. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

36

Any failure of the Contractor to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers. The Contractor shall take out, pay for, and maintain throughout the duration of this Contract and for such additional periods as more specifically required herein the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, the Contractor’s agents, representatives, employees, subcontractors, suppliers, vendors or materialmen, of any tier. 2.1.1 Commercial General Liability and Automobile Liability Insurance - This insurance shall protect the Contractor from claims for bodily injury, personal injury and property damage which may arise because of the nature of the work or from operations under this Contract. The Commercial General Liability Insurance shall be maintained for five (5) years after final completion and shall provide coverage on an occurrence basis. Coverage shall be at least as broad as ISO forms CG 0001 10 93 and CA 0001 12 93. a. Additional Insureds - The Commercial General Liability and Automobile Policies of

insurance shall include as additional insureds or be endorsed to contain the following provisions: the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor and or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitation on the scope of protection afforded to the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers; the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers and coverage provided to such additional insured. This policy shall provide coverage to each of the said additional insureds with respect to said work. Said policy shall provide primary coverage to the full limit of liability stated in the declarations. If an additional insured endorsement is used, it shall provide coverage as least as broad as either ISO form CG 20 10 11 85 or the combination of CG 20 10 10 01 plus 20 37 10 01.

b.(1) Amount of Coverage(General Contractor)- The bodily injury, personal injury and property

damage liability of the Commercial General Liability insurance shall provide coverage in the following limits of liability: $2,000,000 on account of any one occurrence for bodily injury and property damage, $2,000,000 personal and advertising injury limit with an annual general aggregate limit of not less than $5,000,000, and $5,000,000 products and completed operations aggregate, combined single limit. The Automobile Liability insurance policy shall provide minimum limits of $1,000,000 per accident for bodily injury and property damage and $2,000,000 policy aggregate arising out of the ownership, maintenance, or use of any owned or non-owned vehicles. The Commercial General Liability and Automobile Liability Coverages shall include per project aggregates in the above amounts equivalent to ISO form CG 25 03 11 85.

b.(2) Amount of Coverage (SUBCONTRACTORS LISTED IN SECTION 00430) - The bodily

injury, personal injury and property damage liability of the Commercial General Liability

37

insurance shall provide coverage in the following limits of liability: $1,000,000 on account of any one occurrence for bodily injury and property damage, $1,000,000 personal and advertising injury limit with an annual general aggregate limit of not less than $2,000,000, and $2,000,000 products and completed operations aggregate, combined single limit. The Automobile Liability insurance policy shall provide minimum limits of $1,000,000 per accident and $2,000,000 policy aggregate arising out of the ownership, maintenance, or use of any owned or non-owned vehicles.

c. Subcontractors – The bodily injury and property damage liability insurance shall not be

deemed to require the Contractor to have its subcontractors named as insureds in the Contractor's policy, but the policy shall protect the Contractor from contingent liability which may arise from operations of its subcontractors.

d. Included Coverage - The above Commercial General Liability insurance shall also include

the following coverages: Premises - Operations

Independent Contractors

Products - Completed Operations

Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.) Advertising Injury

Broad Form Property Damage, Including, Completed Operations

Separation of Insureds/Cross-Liability Provision

Duty to Defend all Insureds

Deletion of any Limitation on Coverage for Bodily Injury or Property Damage Arising out of Subsidence or Soil or Earth Movement

Separate Aggregate - A provision that the annual general aggregate and the products and completed operations annual aggregate shall apply separately to each project for which Contractor provides services away from premises owned by or rented to Contractor.

XCU - (Explosion, Collapse, Underground Damage) XCU may be deleted when not applicable to operations performed by the Contractor or its subcontractors.

Blanket Contractual Liability

e. Umbrella Policy - Contractor may use an umbrella or excess policy to meet the limits

requirement of Section 2.1.1.b(1). However, any such umbrella/excess policy must be approved by the Owner and maintain an A.M. Best Rating of no less than A - :VII.

2.1.2 Workers’ Compensation Insurance - In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the Contractor is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers’ Compensation Insurance. If the Contractor, in the sole discretion

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of the Owner, satisfies the Owner of the responsibility and capacity under the applicable Workers’ Compensation Laws, if any, to act as self-insurer, the Contractor may so act, and in such case, the insurance required by this paragraph need not be provided. The Contractor is advised 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 shall comply with such provisions and have Employers' Liability limits of $1,000,000 per accident and per employee, and in the aggregate for injury by disease, before commencing the performance of the work of this Contract. Before the Notice to Proceed with the Work under this Contract is issued, the Contractor shall submit written evidence that the Contractor has obtained for the period of the Contract Workers’ Compensation and Employer's Liability Insurance as required for all persons whom it employs or may employ in carrying out the work under this Contract. Such evidence of coverage shall be accompanied by an endorsement from the insurer agreeing to waive all rights of subrogation against the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers, which might arise by reason of any payment under the policy. This insurance shall be in accordance with the requirements of the most current and applicable State Workers’ Compensation Insurance Laws. 2.1.3 Builder's Risk Insurance - "All Risk or Special Form" Builder's Risk Insurance on the replacement cost basis, in an amount equal to the full replacement cost shall be issued on a completed value basis, without deduction for depreciation and shall also provide coverage for “soft costs” such as but not limited to design and engineering fees and inspection costs caused by an insured peril. Such insurance shall cover, but shall not be limited to, the perils of fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, smoke damage, damage by aircraft or vehicles, vandalism and malicious mischief, theft, collapse, and flood. This insurance shall name the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers as insureds, as their interests may appear and shall include coverage, but not by way of limitation, for all damages of loss to the Work and to appurtenances, to materials and equipment to be incorporated into the Project while the same are in transit, stored on or off the Project site, to construction plant and temporary structures. The policy shall separately cover the costs of debris removal, including demolition as may be made reasonably necessary by the application of any law, ordinance, or regulation. Builder’s Risk Insurance policies shall contain the following provisions: (1) The Owner shall be named as an insured. (2) The insurer shall waive all rights of subrogation against the Owner. The Builder’s Risk Insurance may contain sublimits not less than the following: Debris removal - $250,000; Pollution Cleaning - $250,000. No other sublimits will be allowed except as declared to the Owner prior to bid and approved by addendum to the bid documents. Builder’s Risk Insurance may have a deductible clause not to exceed the following limits:

(1) The deductible for coverage for any damage to the work caused by an Act of God, as defined by Section 7105(b)(2) of the Public Contract Code shall not exceed five percent of the value at risk at the time of the loss. The Owner shall be named as an insured. (2) All Other Perils: $10,000

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The Contractor shall be responsible for paying any and all deductible costs. The policy shall provide the Owner the right to occupy the premises without termination of the policy until acceptance of the Project. In the event of a covered loss, proceeds of builder’s risk insurance shall be applied first to reimburse actual costs of demolition, debris removal, reconstruction, and repair or replacement incurred in the discharge of the Contractor’s obligations of repair or replacement under this contract. Insurance proceeds shall be deposited in a separate account in a local bank satisfactory to the Owner and shall be withdrawn only with the Owner’s written approval to reimburse such actual costs as the builder’s risk carrier has agreed to reimburse. The Owner shall have no liability for failure of the builder’s risk carrier to pay for any particular cost of repairs. In the event of the termination of the Contractor for default, the Contractor shall forfeit all rights to builder’s risk insurance proceeds and Owner may expend such proceeds to complete the project as if they were unpaid contract monies. 2.1.4 Subconsultant's Professional Liability Insurance- All submittals required of Contractor which are to be prepared by a licensed California engineer shall be prepared only by a licensed engineer who is covered by a professional liability insurance policy issued by a California-admitted carrier with a Best's rating of A-:VII or better, with a limit per claim of at least $1,000,000. Such insurance shall be maintained in effect by said engineer at all times while performing work on the Project and for at least three (3) years after final completion and acceptance of the Project. Contractor shall submit an insurance certificate for such engineer at any time upon request of the Owner's Representative. 2.1.5 Proof of Coverage - Before the Notice to Proceed with the Work under this Contract is issued, the Contractor shall furnish the Owner with certificate(s) evidencing issuance of all insurance mentioned herein, copies of the policy declaration or information page(s) and additional insured endorsements. The certificate(s) and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s), policy declaration or information page(s), and endorsements are to be received and approved by the Owner before work commences. Except for the waiver of subrogation rights endorsements, as required under Sections 00800-2.1.2 and 00800-2.1.3, no other endorsements are required for Workers Compensation or Builder's Risk Insurance. Such certificates of insurance shall provide that the insurance policy shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Owner. Contractor shall also provide certificate(s) evidencing renewals of all insurance required herein, at least thirty (30) days prior to the expiration date of any such insurance. Any deductibles or self-insured retentions must be declared to and approved by the Owner. At the option of the Owner, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. In the event of the breach of any provision of this paragraph, or in the event of any notices received which indicates any required insurance coverage will be diminished or canceled, Owner, at its option, may, notwithstanding any other provisions of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

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2.1.6 Indemnification A. Contractor shall indemnify, defend with counsel acceptable to Owner and hold harmless to

the full extent permitted by law, LA Law Library (Owner), Troller Mayer & Associates (Architect) and Allana Buick & Bers (Engineer), and their Board of Trustees, officers, elected officials, employees, agents and volunteers, (collectively “the Indemnified Parties”), from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorney fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Work or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of the Indemnified Parties. Such indemnification by the Contractor shall include, but not be limited to, the following: 1. Liability or claims resulting directly or indirectly from the negligence or carelessness

of the Contractor, it subcontractors, employees, or agents in the performance of the Work, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the Contractor, its employees, or agents;

2. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the Contractor’s, or Supplier’s own employees, or agents engaged in the Work resulting in actions brought against the Indemnified Parties;

3. Liability or claims arising directly or indirectly from or based on the violation of any Laws or Regulations, whether by the Contractor, its subcontractors, employees, or agents;

4. Liability or claims arising directly or indirectly from the use or manufacture by the Contractor, its subcontractors, employees, or agents in the performance of this Agreement of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specified stipulated in this Agreement.

5. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the Owner or any other parties by the Contractor, its subcontractors, employees, or agents;

6. Liability or claims arising directly or indirectly from the willful misconduct of the Contractor, its subcontractors, employees, or agents;

7. Liability or claims arising directly or indirectly from any breach of the obligations assumed in this Agreement by the Contractor;

8. Liability or claims arising directly or indirectly from, relating to, or resulting from a hazardous condition created by the Contractor, Subcontractors, Suppliers, or any of their employees or agents, and;

9. Liability or claims arising directly, or indirectly, or consequentially out of any action, legal or equitable, brought against the Indemnified Parties, their consultants, subconsultants, and the officers, directors, employees, agents and volunteers of each or any of them, to the extent caused by the Contractor’s use of any premises acquired by permits, rights of way, or easements, the Site, or any land or area contiguous hereto or its performance of the Work thereon.

10. Liability arising directly or indirectly from exposure to hazards in violation of the California Labor Code that may be asserted by any person or entity, including, but not limited to, the Contractor, arising out of or in connection with the negligent activities of the Contractor, its agents, employees or privities pursuant to this Contract, whether or not there is concurrent negligence on the part of the Indemnified Parties.

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B. The Contractor shall reimburse the Indemnified Parties for all costs and expenses,

(including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs of appeal) incurred by said Indemnified Parties in enforcing the provisions of this Paragraph.

C. The indemnification obligation under this Section 00800-2.1.6 shall not be limited in any

way by any limitation on the amount or type of insurance carried by Contractor or by the amount or type of damages, compensation, or benefits payable by or for the Contractor or any Subcontractor or other person or organization under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

D. Pursuant to California Public Contract Code Section 9201, Owner shall timely notify

Contractor of receipt of any third-party claim relating to this Agreement. E. The Contractor's obligations pursuant to this provision will survive the expiration or earlier

termination of this Contract. 2.1.7 Injury or Illness Reports - The Contractor shall furnish the Engineer and Owner with a copy of the Employer's Report of Injury immediately following any incident requiring the listing of said report on the OSHA Log during the prosecution of the work under this Contract. The Contractor shall also furnish the Engineer and Owner with a copy of the Employer's Report of injury involving any subcontractor on this project. 2.1.8 Notification of Insurance Companies - The Contractor shall advise all insurance companies to familiarize themselves with all of the Conditions and provisions of this Contract, and they shall waive the right of special notification of any change or modification of this Contract or of extension of time, or of decreased or increased work, or of the cancellation of the Contract, or of any other act or acts by the Indemnified Parties, under the terms of this Contract, and failure to so notify the aforesaid insurance companies of changes shall in no way relieve the insurance companies of their obligation under this Contract. 2.2 Insurance During Guarantee Period For all work the Contractor or its subcontractors perform during the guarantee period, worker's compensation, and commercial general liability insurance and insurance in the amounts and format required herein, shall remain in force and be maintained for one (1) year after final completion. 2.3 Third Party Insurance Requirements The Work, as contemplated by the Contract Documents, does not specifically require an encroachment permitHowever, in the event the Contractor chooses a means and method of construction that results in Work requiring an encroachment permit from a public utility, or any other local, state, federal or public agency, Contractor shall ensure that the insurance it obtains in accordance therewith complies with all requirements mandated by each permitting agency from whom permits shall be obtained for the Work and any other third parties from whom third party agreements are necessary to perform the Work (collectively, the "Third Party(ies)"). To the extent there is a conflict between the Third Party(ies)'s Insurance Requirements and those set forth by the Owner in Section 00800- SUPPLEMENTARY GENERAL CONDITIONS, the requirement(s) providing the more protective coverage for both the Owner and the Third Party(ies) shall control and be purchased and maintained by Contractor.

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Contractor shall be responsible to determine what insurance requirements exist as a condition precedent to obtaining permit(s) for the Work, if any. Contractor shall be solely responsible for any delay(s) arising from its failure and/or its Subcontractors' failure to timely obtain all required insurance. All required third party insurance shall be submitted to the Owner at the same time Contractor submits all other contractually required insurance, which is no later than fifteen (15) days after Notice of Award, unless otherwise agreed to in writing by the Owner prior to this deadline. Bidders are encouraged to contact the applicable local agency (ies) prior to Bid in determining all applicable permits, and related insurance requirements, for this Project.

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ATTACHMENT 2

FORM A –

Scope Self Performed/Sub Contractor Main Contact Licenses Landscape Construction/Renovation Landscape Concrete Planter Wall Landscape Planting & Irrigation Landscape Mechanical Landscape Electrical Landscape Grading and Drainage

Landscape Waterproofing Landscape Masonry Building Envelope Rehabilitation

Roofing Scope Below Grade Waterproofing Spall Repair

***END OF DOCUMENT***