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CC - Item 5E - Rosemead Park Walking Trail Replacement Project Project No. 49007 - Award of Contract
AOM e ♦ ° ROSEMEAD CITY COUNCIL CI/IC PRIGS1 'tiol,,A„ ,;�;7 STAFF REPORT /NCORPORATEO h9 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER .Iv\ DATE: AUGUST 25, 2020 SUBJECT: ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT NO. 49007—AWARD OF CONTRACT SUMMARY The Rosemead Park Walking Trail Replacement Project was approved by the City Council as part of the FY 2019-20 adopted budget and included in the Capital Improvement Program (CIP). The Notice Inviting Bids (NIB) for this project were published on May 14, 2020, and May 21, 2020, with a June 2, 2020, submission deadline. Two bids were received. After review of received bids, it was determined that the apparent low bid submitted by Access Pacific, Inc. in the amount of $376,181.25, had a mathematical error on the bid document. Staff recommends that the mathematical error be waived as a minor discrepancy, and the corrected bid by Access Pacific, Inc. in the amount of$374,242.03 be determined to be lowest responsive bid. DISCUSSION After a Request for Proposal process, the City of Rosemead hired Mulholland Consulting to prepare the bid specifications.Mulholland Consulting's cost estimate for the project was$360,000. The project consists of the demolition, removal, and proper disposal of the existing synthetic walking trail at Rosemead Park (9155 E. Mission Dr., Rosemead, CA 91770). The project also consists of the subsequent construction of a new flexible rubber pavement system. On June 2, 2020, the City Clerk received two (2) sealed bids with the following result: Contractor Location Bid Amount Access Pacific, Inc. Pasadena, CA $376,181.25 CEM Construction Corp. Downey, CA $496,860.00 Staff conducted a bid analysis and verified California contractor licensing, Department of Industrial Relations(DIR)registration, state and federal debarment files,and references for Access Pacific, Inc. After review of received bids, the apparent low bid submitted by Access Pacific, Inc. in the amount of $376,181.25, has a mathematical error on the bid. Staff recommends that the AGENDA ITEM 5.E City Council Meeting August 25,2020 Page 2 of 3 mathematical error to be waived as a minor discrepancy, and the corrected bid by Access Pacific, Inc. in the amount of$374,242.03 is determined to be lowest responsive bid. STAFF RECOMMENDATION It is recommended that the City Council: 1. Waive minor discrepancy on Access Pacific, Inc.'s submitted bid; and 2. Authorize the City Manager to execute a contract with Access Pacific,Inc.,for the bid amount of$374,242.03. In addition, authorize an amount of$37,424.20 (10%) as a contingency to cover the cost of unforeseen construction expenses, for a total contract amount of$411,666.23. FINANCIAL IMPACT The approved Fiscal Year 2019-20 budget for the Rosemead Park Walking Trail Replacement project provided a total project budget of$285,000. The City Council had approved to allocate $5,000 in General Funds; $147,000 in Measure R Funds;and$133,000 in TDA Funds towards the project. Additional funding in the amount of$150,000 in Measure R Funds was approved for the project in the adopted Fiscal Year 2020-2021 budget. The total available construction budget for the project is $420,000. ENVIRONMENTAL REVIEW The proposed work involves the rehabilitation of an existing public facility; therefore,the project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act(CEQA). STRATEGIC PLAN IMPACT The project is consistent with the Strategic Plan's guiding principal for fiduciary responsibility of providing for transparency in financial management of City's finances and providing quality of life enhancement. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. City Council Meeting August 25,2020 Page 3 of 3 Submitted by: irgV Chris :.. - Director rr ublic Works Attachment A: Bid Opening Results Attachment B: Access Pacific, Inc. Bid Proposal Attachment C: Bid Package Rosemead Park Walking Trail Attachment D: Draft Construction Contract T: iii M O 9 CIVIC PRIDE ,..._rf, joil ,NCORPORATEO`959 Attachment A Bid Opening Results 0*14 MINUTES OF THE BID OPENING NIB NO. 2020-07 ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT — PROJECT NO. 49007 Due Tuesday,June 2, 2020,at 10:30 a.m. A total of 2 bids were received. Contractor Date/Time Received Bid Amount City 1. Access Pacific, Inc. June 2, 2020 $376,181.25 Pasadena, CA @ 9:34 a.m. 2. CEM Construction Corp. June 2, 2020 $496,860.00 Downey, CA @ 9:53 a.m. Submitter (14430 7 Ericka Hernandez, City Clerk (-3 E M ,-4 '9 O i,&,._, , CIVIC PRIDE Ai ,NCDRPORATED A959 Attachment B Access Pacific, Inc. Bid Proposal BIDDER: Access Pacific. Inc, CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No, 49007 SECTION 1-BID SCHEDULE CONTRACT BID FORMS CBF- 1 BIDDER: Access Pacific, Inc. BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 NO. ITEM DESCRIPTION UNIT EST. UNIT ITEM QTY. PRICE COST Mobilization,Demobilization,and LS 1 1 Miscellaneous Items of Work(Not $17,500 $ 17,500 to Exceed 5%of Bid Items 2 through 8) 2 Clearing, Grubbing, and LS 1 $ 18,750 Miscellaneous Removals $ 18,750 3 Work Area Protection (Includes LS 1 $25,000 $ 25,000 Notification,Fencing,and Security) Demolition, Hauling, and Proper LS 1 4 Disposal of Existing Synthetic $31,350 $ 31,350 Surface Demolition, Hauling, Proper SF 10 5 Disposal, and Reconstruction of $ 525 $5,250 Existing Concrete Header 6 Subbase Preparation SF 18,156 $ 1.88 $34,042.50 7 Base Layer CY 58 $ 1,115 $66.700 8 Wear Layer CY 29 $6,123.75 $ 177,588.75 TOTAL BID AMOUNT IN NUMBERS $ 376,181.25 TOTAL BID AMOUNT IN WORDS: three hundred seventy-six thousand one hundred eighty-one and twenty five cents Note:The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications,to stay within the budgeted amount of this project. CBF-2 BIDDER: Access Pacific, Inc. If the Bid Documents specify alternate bid items,the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above.The owner can choose to include one or more of the alternates in the Total Bid Price of the Project.If any of the Alternate Bids are utilized by the Owner,the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date,or until a Contract for the Work is fully executed by the Owner and a third party,whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price,the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bo in the amount of thirty-seven thousand six hundred eighteenDollars($ 37,618.12 )said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, �. certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract,the undersigned agrees to execute the formal Contract,which will be prepared by the Owner for execution,within five(5) Calendar Days following the Letter of Award for the Contract,and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted,it will assign to the purchasing body all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shallbe made and become effective at the time the purchasing body tenders final payment to he Contractor. • Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom;and(3)any other information and documentation,financial or otherwise,needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars($500.00)per calendar day ifproject is not completed in twenty(20)working days. The Contract Time will begin to run ten(10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder CBF-3 BIDDER:Access Pacific, Inc. further acknowledges that the Owner may,at its discretion,incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 0 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor,materials,and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned.Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF-4 BIDDER: Access Pacific, Inc. By: c r'; 1 - 2R'IS Sierra C,randP St Signature Business Street Address Tomas Torres Pasadena.CA 91107 Type or Print Name City, State and Zip Code President (6?R)799-Oa1R Title Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: I- Bidder's License Number(s): 930437 Department Industrial Relations Registered No. 1000005406 NOTES: 1) By its signature on this Bid,the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation,enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders,Bidder will be required to provide evidence that the person signing on behalf of the corporation,partnership or joint venture has the authority to do so. CBF- 5 Minutes of the Board of Directors Meeting Of Access Pacific,Inc. The annual meeting of the Board of Directors of Access Pacific,Inc.(the"Corporation")was held on January 2,2020, immediately following the annual meeting of the directors otthe Corporation. There present at the meeting Tomas Torres/President,Secretary and Treasurer Being all the members of the Board of Directors It was moved,second and unanimously carried that Tomas Torres act as Temporary Chairperson and that Tomas Torres act as Temporary Secretary. The Chairperson presented to the meeting a copy of a Waiver of Notice of Meeting which all of the Directors of the Corporation had agreed to execute and advised that it was appropriate to authorize the execution and performance thereof by the Corporation. Upon motion duly made,seconded and unanimously carried,it was RESOLVED,that the chairman be requested to cause the same to be spread at length upon the minutes. The meeting then proceeded to AUTHORIZE FOLLOWING PERSONNELS TO SIGN ON ANY BID PROPOSAL or CONTRACTUAL DOCUMENTS ON BEHALF OF ACCESS PACIFIC,INC.until their successors are elected and qualify: President:Tomas Torres The President then presented and read minutes of the annual meeting of Directors of this Corporation,and the same were,on motion duly made,seconded and unanimously carried,in all respects ratified and adopted by this Board of Directors. There being no further business to come before the meeting, upon motion duly made.Seconded and unanimously carried,the meeting was adjourned. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above name Corporation this 2' day of January 2020. Dated:01/02/2020 Secretary (Seal) BIDDER: Access Pacific. Inc. SECTION 2 BID DATA FORMS • CBF-6 Bond No.:CMGB0007595 BIDDER: Access Pacific,Inc. Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Access Pacific,Inc. ,as Principal, and Argonaut insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of their Greatest Amount Bid DOLLARS ($ 10%of G.A.B. ),being not less than ten percent(10%)of the Total Bid Price; for the payment of which sum will and truly to be made,we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS,said Principal has submitted a bid to the OWNER to perform all Work required for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents,dated June 2,2020 NOW,THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and,within the time and in the manner required by the above-referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents,furnishes the required bonds(one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered,said Surety shall pay all costs incurred by the OWNER in such suit,including reasonable attorneys'fees to be fixed by the court. SIGNED AND SEALED,this 29th day of May , 2020 Access Pacific,Inc. (SEAL) Argonaut Insurance Coinpany* (SEAL) Principal Sure • By: By: Signatture 1ty.AR` 1-0-9-c.5) Sig ature Stephanie Hope Shear,Attorney-in-Fact CBF-7 *c/o CMGIA 20335 Ventura Blvd.,Ste 426 Woodland Hills,CA 91364 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N9 u d 3 3 0 SAN FRANCISCO Amended Certificate of Authority THIS iS TO CERTIFY THAT,Pursuant to the Insurance Code of ilie State of California, Argonaut Insurance Company of Illinois ,mgamized underlie laws of Illinois ,subject to its Articles of Incorporation or other f tndantenml organizational documents.is hereby authorized to transact within the State,subject to all provisions cf►his Certificate.the,folowing classes of insurance: Fire, Marine, Surety, Disability, Plate Glass, .Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as wit classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and heregfter being in full courplimrce with all,and not in violation ifay.of the applicable laws and lawful requirements made render authority of the laws of the State c f California as long as such laws or requirements cur in effrci and applicable,and as such laws and►rquir ements now arc,or may hereafter be changed or amended. IN WITNESS WHEREOF,(*clave as of the 31st dal'of December 2006 ,I have hereunto • set my hand and caused my official seal to be affixed this - 13th day of -December _ 2006 - , 1 .y 7 �1, ` ; John Garamendi *u & i i '1;i;',.:. c .` hcrnranre CUIkiO1tT1.41'1 ., 4e11—di ,,, .. d3pyr,}�`,. f, \ i+ '4i + y / suis V sf•'.. 7 est a" r 'a ;„� t ti;set Patricia K. Staggs �t4 _�, for Richard D. Baum hvtpwxx 44 Chief Deputy NO ''10:W4'44 I ' �r Qualification with the Secretary oiStatc most be accomplished as required by the California Corporations Code promptly atter issuance of this Certificate of Authority.Failure to do so will he a violation of Insurance Code Section 701 and will he grounds for revokingthis Certificate of Authority pursuant to the canven:tits made in the application therefor tad the conditions contained herein. rnaurn..i ;• OSP MI W31i Bond No.: CMGB0007595 Argonaut Insurance Company Premium: $0.00 Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 75246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company,a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook,Illinois does hereby nominate,constitute and appoint: Gabriella Grady.Shilo Lee Losino.Stephanie Hope Shear.Elizabeth Santos.Latanva Taylor;Stacey Garcia • Their true and lawful agent(s)and attomey(s)-in-fact,each in their separate capacity if more than one is named above;to make,ei:ecute,seal and deliver for and on its behalf as surety,and as its act and deed any and all bonds,contracts,agreements of indemnity and other undertakings in suretyship provided, however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: , $15.000.000.00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED,That the President,Senior Vice President,Vice President,Assistant Vice President,Secretary,Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the Company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the Argonaut Insurance Company,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Argonaut Insurance Company has caused its official'seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 8th day of May,2017. OuOOO OO . Argonaut Insurance Company T_ 00.114.44,0%, s• ..o cin SEALS=' ▪ 1948 rel,' by: Joshua C.Betz, Senior Vice President STATE OF TEXAS .n.m..u.... COUNTY OF HARRIS SS: On this 8th day of May,2017 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICER OF`THE COMPANY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he acknowledged the execution of same,and being by me duly sworn,deposed and said that he is the officer of the said Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were`dtily affixed and subscribed to the said instrument by the authority and direction of the said corporation,and that Resolution adopted by the Board ofDirectors of said Company,referred to in the preceding instrument is now in force. IN TESTIMONY I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. • J 1.:EE<S th�� 1• � _ •, ..rola of YoBt.L (Notary Public) ___•'_'. Nn;rly ID UI7 5-'-j, I_ I,the undersigned Officer of the Argonaut Insurance Company,Illinois Corporation,do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand,and affixed the Seal of said Company,on the 29th day of May ,2020 . Jr•oonvoi , o 3 SEAL) ' s . 1948 12 • IN..' :*re. James Bluzard,Vice President-Surety THIS DOCUMENT IS NOT VALID UNLESS THE WORDS ARGO POWER OF ATTORNEY ARE IN BLUE. IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL(210)321-8400. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 e..c e?,•,,e..0•Ci.ZY_a€r c<.•_a o!-'c@•. cc-.✓.c<-._n.. •¢•N&'.‘,:...ii BIDDER:Access Pacific, Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work,labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent(greater than 0.5%)of the Bidder's Total Bid Price,or,in the case of bids or offers for the construction of streets or highways, including bridges,in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000),whichever is greater,and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104,the Owner has determined that it will allow Bidders twenty-four(24)additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor,other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract,it shall be deemed to have agreed to perform such portion itself,and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%)of the Total Bid Price or,in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars($10,000),whichever is greater,for which no • subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity,and then only after Owner approval. • • CBF-8 BIDDER:Access Pacific, Inc. 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Description of Work of Subcontractor to be Subcontracted Rubber Surfaces Name: SPECTRATURF Address:555 S PROMENDE AVE#103 CORONA. CA 92879 License No.: 854429 Department of Industrial Relation Registration No. 1000002615 Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF- 9 BIDDER: Access Pacific,Inc. 2.0 REFERENCES The following are the names,addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2)years: I Port of Long Beach.415 W.Ocean Blvd., Long Beach,CA 90802 Name and Address of Owner Raymond S. Chua-(562)283-7259 Name and telephone number of person familiar with project $1,900,000 pedestrian and bike paths 01/2020 Contract amount Type of Work Date Completed 2. Conejo Recreation&Park District 403 W Hillcrest Drive,Thousand Oaks, CA 91360 Name and Address of Owner Andrew Mooney-(805)495-6471 Name and telephone number of person familiar with project $6,822,237.87 New trails,play structures 08/2018 Contract amount Type of Work Date Completed 3. Norwalk-La Mirada Unified School District 12820 Pioneer Blvd. Norwalk,CA 90650 Name and Address of Owner Juan Bermudez-(213)670-3012 Name and telephone number of person familiar with project $7,194,011.14 Installation of new synthetic track, 08/2019 Contract amount Type of Work Date Completed CBF- 10 BIDDER:Access Pacific. Inc. 4. City of Pasadena Department of Public Works 100 N. Garfield Ave. Pasadena, CA 91101 Name and Address of Owner Jeff Khun ((626)744-7389 Name and telephone number of person familiar with project $994,000.00 Area H Perimeter Improvements 08/2018 Contract amount Type of Work Date Completed • • CBF- 11 BIDDER: AMCASR Parjfic, Inc SECTION 3 NON-COLLUSION AFFIDA VIT 9 CBF- 12 BIDDER:Access Pacific. Inc. NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder,the party making the foregoing bid,that the bid is not made in the interest of, or on behalf of, any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership,company association,organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. • Sidatur' Tomas Torres Typed or Printed Name President Title Access Pacific, Inc. Bidder Subsciul5 d-and sworn before me This day of ' ,20/ (Seal) Notary Public in and foe- the State ofifa oG�'mmission Expires: I CBF- 13 i CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE§8202 •r,,,,, c.4-6.--0,,— ..-n .,rr.-4,,,,-,,�a,,-- r.<:c—,-:r,,,roc,A,�.,--~,,,,". c�r�t,,c.,-c .-c,,cr-ez., cr t>,-.r .. rrr,�c rk: O See Attached Document(Notary to cross out lines 1-6 below) ❑See Statement Below(Lines 1-6 to be completed only by document signer[s],not Notary) • Signature of Document Signer No. 1 Signature of Document Signer No. 2(If any) A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of Los Angeles on this _ 1st day of June , 20 20 by Date Month Year (1) Tomas Torres (and (2) ), . .. -A'° ,IN. .4"- ••"`,' Name(s)of Signers) ie..!,,,!..,. VASILI KULIKOV .. MoieryPublic—California Los Angeles County proved to me on the basis of satisfactory evidence Commission#2221644 to be the person(s) who appeared before me. t,., My Comm.Expires Dec 13,2021 • Signature ' `V( ri Signature o Notary Public Seal - Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non-Collusion Affidavit Document Date: 06/01/2020 Number of Pages: 1 Signer(s)Other Than Named Above: 11V.%w„-,I-..fV Ym,,,I,e.','V Y`.c'-e . .-N'd'•" ..d..d..y..d.`.'IV-d.-ygG,'AV'-d.•N•'N'N.•N-4,,,(V•-.1/-rf,.'N•H•'N-b•-N'd•- --w- ©2014 National Notary Association•www.NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5910 1E M E S it_ 1 O CIVIC PRIDE }f�r h�a NCORPORATE°Ace Attachment C Bid Package CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 FISCAL YEAR 2020 IN THE CITY OF ROSEMEAD E M s 4.C4 ti CivIC PRIDE ive GRiDRA..`yV PUBLIC WORKS DEPARTMENT,ENGINEERING DIVISION 8838 E.VALLEY BOULEVARD ROSEMEAD,CA 91770 TELEPHONE: (626)569-2150 FAX: (626)307-9218 BIDS DUE:JUNE 2,2020 AT 10:30 AM CITY OF ROSEMEAD i ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 TABLE OF CONTENTS BIDDING DOCUMENTS 1. Notice Inviting Bids NIB-1 -NIB-2 2. Instructions to Bidders ITB-1 - ITB-9 3. Contract Bid Forms CBF-1 - CBF-13 CONTRACT AGREEMENT 1. Contract Agreement and Insurance Requirements 2. Performance Bond 3. Payment Bond CONTRACT APPENDIX Part "A" General Provisions .GP-1 —GP-34 Part "B" Supplemental General Conditions GC-1 —GC-8 Part "C" Technical Provisions .TP-1 —TP-8 Part "D" Appendix Appendix A—Vicinity Exhibit Appendix B—Supplemental Bid Item Descriptions Appendix C—Walking Trail Replacement Detail CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 NOTICE INVITING BIDS CITY OF ROSEMEAD NOTICE INVITING BIDS NIB No. 2020-07 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10:30 o'clock a.m. on Tuesday, the 2°" day of June, 2020, and they will be publicly opened at 10:30 o'clock a.m. for ROSEMEAD PARK WALKING TRAIL PROJECT No. 49007 The project consists of the demolition, removal, and proper disposal of the existing synthetic walking trail at Rosemead Park (9155 E. Mission Dr., Rosemead, CA 91770). The project also consists of the subsequent construction of a new flexible rubber pavement system. The engineer's estimate for this project is $360,000. The successful bidder shall have twenty (20) working days to complete the work. Liquidated damages shall be $500.00 per working day. Bidding and Contract Documents,Plans and Specifications Available: Copies of the Bidding and Contract Documents, Plans and Specifications can be obtained as follows: 1. Please e-mail your request with your contact information to: nhaworth@cityofrosemead.org. Upon receipt of your e-mail, you will be registered as a plan holder, and a pdf file of the Bidding and Contract Documents, Plans and Specifications will be e-mailed to you at no cost. 2. Hard copy of the Bidding and Contract Documents, Plans and Specifications can be picked up at a non-refundable cost of$25 from City of Rosemead, 8838 E Valley Blvd, Rosemead, CA 91770. Please first e-mail to nhaworth@cityofrosemead.org and request a hard copy 2 days in advance. Make check payable to "City of ROSEMEAD". Place a note on the check as follows: Cost for Bidding and Contract Documents,Plans and Specifications. 3. Hard copies will not be mailed. SB 854 Requirements: This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)] Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory NIB- 1 agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively ensure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Contract Agreement is proposed for June 24, 2020. Dated this , 2020. Ericka Hernandez City Clerk Publish: May 14, 2020 May 21, 2020 NIB-2 CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 INSTRUCTION TO BIDDERS INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions,found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one(1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms,as indicated in the Notice Inviting Bids. Please Note:Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents,including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security,laws and codes,local permit requirements,wage scales,local tax structure,contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via email to the Owner's Director of Public Works: Chris Daste, cdaste@cityofrosemead.org. Any response that the Owner may choose to make for purposes of interpretation or clarification,will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed/email Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents,the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by,and Bidder shall not rely upon,any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders c. Contract Bid Forms d. Contract e. Contract Appendix Part"A" - General Conditions Part"B" - Supplementary General Conditions ITB - 1 Part"C" - Technical Provisions Part"D" - Appendix f. Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site),as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5,if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes,additions or deletions to the description of the work to be performed or the content,form or manner of submission of bids,the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise,the Owner may determine,in its sole discretion,whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date,if any,shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent,as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by email,facsimile,first class mail,express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued,if any. Bidders must acknowledge receipt of all Addenda,if any,in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition,Bidders shall fill in all blank spaces(including inserting"N/A"where applicable)and initial all interlineations,alterations,or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents,the lowest bid will be determined on the basis of the base bid only,but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time,no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit,overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular ITB - 2 bid items. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions,limitations,exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete,modify,nor supplement the printed matter on the Contract Bid Forms,nor make substitutions thereon. ORAL,TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also:(1)authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid;and(2)provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE(BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond,as set forth above,each Bidder must obtain such a bond from an admitted surety insurer,as defined in Code of Civil Procedure Section 995.120,authorized to do business as such in the State of California and satisfactory to the Owner. In addition,the Bid Bond must be submitted on the form furnished by the Owner,or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. ITB - 3 After the Owner has made an award to the successful Bidder,and the Bidder has signed a Contract,submitted the necessary bonds,original insurance certificates and endorsements,and any other certifications as may be required by the Contract,the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above,they shall be placed,along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions,in an envelope,sealed,addressed and delivered or mailed,postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of (Insert Name of the Company) for ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time,and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s)indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids,to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner,and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price,the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date,a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below,the funds represented by the Bid Guarantee(cash,cashiers check or Bid bond described above)shall be forfeited and become and remain the property of the Owner;the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder,the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2)the Payment Bond; and (3)the required insurance certificates and endorsements. Once the Owner issues a Notice of Award,the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required ITB -4 documents and certifications in a timely manner,the Contract Time will begin to run ten(10)Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder,the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent(0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104,the Owner has determined that it will allow Bidders twenty- four(24)additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING AND REGISTRATION REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code,all bidders must possess proper licenses for performance of this Contract. Pursuant to Section 1725.5 of the Labor Code,all bidders must be registered with the Department of Industrial Relations to be qualified to bid on this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted and be registered with the Department of Industrial Relations.Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid.The Owner shall have the right to request, and the Bidders shall provide within five(5)Calendar Days,evidence satisfactory to the Owner of all valid license(s)currently held by that Bidder and each of the Bidder's subcontractors,before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make,submit or be interested in more than one bid. However,a person,firm, corporation or other entity that has submitted a subproposal to a bidder,or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above,Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIII, licensed to do business in California, and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS:Within the Contract Bid Documents the bidder must certify to various information,including but not limited to,the accuracy of the representations made in the Contract Bid Forms. B. NON-COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each ITB - 5 Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD;BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit,overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a"protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid,the protest must: A. Be filed in writing within five(5)Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. D. Specify, in detail,the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements,it will be rejected as invalid. If the protest is valid,the Owner's Project Manager,or other designated Owner staff member,shall review the basis of the protest and all relevant information. The Project Manager will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project Manager to the City Engineer then the appeal at the City Council.That way,the Council can deny the protest and approve the project at the same hearing. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above,the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer,as defined in Code of Civil Procedure Section 995.120,authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent(100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent(100%)of the Total Bid Price. Contractor shall require,pursuant to Public Contract Code article 4108,all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract ITB -6 Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES,PERMITS,LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes,and to pay for permits,licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located,unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements,as well as Performance and Payment Bonds,in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract,nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications,without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening,and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms(including valid and properly executed Bid Bond for 10%of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non-Collusion Affidavit; and ITB - 7 D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms,if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink,indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture,or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf,all parties shall execute the Bid. (3) Addenda-Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete,modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. • B. List of Proposed Subcontractors(Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%)of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent(0.5%)of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors,identify the type/portion of work to be performed in the Contract. ITB - 8 (4) Contractor License Number. For listed Subcontractors, list the contractor license number issued to the Subcontractor by the California Contractors State License Board. (5) Registration with Department of Industrial Relations. For listed Subcontractors, include evidence of registration with the Department of Industrial Relations as required by Section 1725.5 of the Labor Code. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder,as well as its reputation within the industry. Owner may request,and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor,in order to be evaluated by the Owner as being a responsible contractor,must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors,and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production,construction,and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ITB - 9 BIDDER: CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 I SECTION 1 -BID SCHEDULE CONTRACT BID FORMS CBF- 1 BIDDER: BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 NO. ITEM DESCRIPTION UNIT EST. URIC ITEM QTY. PRICE COST Mobilization, Demobilization, and LS 1 1 Miscellaneous Items of Work(Not $ $ to Exceed 5% of Bid Items 2 through 8) Clearing, Grubbing, and LS 1 2 Miscellaneous Removals $ $ Work Area Protection (Includes LS 1 3 Notification,Fencing,and Security) $ $ Demolition, Hauling, and Proper LS 1 4 Disposal of Existing Synthetic $ $ Surface Demolition, Hauling, Proper SF 10 5 Disposal, and Reconstruction of $ $ Existing Concrete Header 6 Subbase Preparation SF 18,156 $ $ Base Layer CY 58 $ $ 8 Wear Layer CY 29 $ $ TOTAL BID AMOUNT IN NUMBERS $ TOTAL BID AMOUNT IN WORDS: Note:The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications,to stay within the budgeted amount of this project. CBF-2 BIDDER: If the Bid Documents specify alternate bid items,the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above.The owner can choose to include one or more of the alternates in the Total Bid Price of the Project.If any of the Alternate Bids are utilized by the Owner,the resulting amount shall be considered the Total Bid Price for the Project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date,or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price,the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars($ )said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract,the undersigned agrees to execute the formal Contract,which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract,and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted,it will assign to the purchasing body all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom;and(3)any other information and documentation,financial or otherwise,needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00)per calendar day if project is not completed in twenty(20)working days. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder CBF- 3 BIDDER: further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. The Bidder understands and agrees that the Total Bid Price is inclusive of all labor,materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF-4 BIDDER: By: Signature Business Street Address Type or Print Name City, State and Zip Code Title Telephone Number Bidder's/Contractor's State of Incorporation: Partners or Joint Venturers: Bidder's License Number(s): Department Industrial Relations Registered No. NOTES: 1) By its signature on this Bid,the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders,Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF- 5 BIDDER: SECTION 2 BID DATA FORMS CBF- 6 BIDDER: Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT ,as Principal, and , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of DOLLARS ($ ),being not less than ten percent(10%)of the Total Bid Price; for the payment of which sum will and truly to be made,we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and,within the time and in the manner required by the above-referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents,furnishes the required bonds(one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit,including reasonable attorneys'fees to be fixed by the court. SIGNED AND SEALED,this day of , 20 (SEAL) (SEAL) Principal Surety By: By: Signature Signature CBF- 7 BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the infouniation requested below for each subcontractor who will perfoim work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent(greater than 0.5%)of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges,in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000),whichever is greater,and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104,the Owner has deteiniined that it will allow Bidders twenty-four(24)additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract,it shall be deemed to have agreed to perform such portion itself,and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%)of the Total Bid Price or,in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000),whichever is greater,for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF- 8 BIDDER: 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: License No.: Department of Industrial Relation Registration No. CBF - 9 BIDDER: 2.0 REFERENCES The following are the names,addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2)years: 1. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 3. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF- 10 BIDDER: 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF- 11 BIDDER: SECTION 3 NON-COLL USIONAFFIDAVIT CBF- 12 BIDDER: NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid,that the bid is not made in the interest of, or on behalf of, any undisclosed person,partnership,company,association,organization,or corporation;that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof,or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signature Typed or Printed Name Title Bidder Subscribed and sworn before me This day of , 20 (Seal) Notary Public in and for the State of California My Commission Expires: • CBF - 13 E M e S O 4 CIVIC PRIDE 41t, ...._hi,;".'-',"'''' ° ...... A7ED,Oh9 CONSTRUCTION CONTRACT ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT (COMPANY NAME) 1. PARTIES AND DATE This Contract is made and entered into this day of , 20 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and COMPANY NAME with its principal place of business at COMPANY ADDRESS (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and incorporated Company Name Page 2 of 11 herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Director of Public Works, Chris Daste, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Project Manager, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using his/her 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 Services under this Company Name Page 3 of 11 Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be Company Name Page 4 of 11 performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10)days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall Company Name Page 5 of 11 promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract(including,without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VI II and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Dollar Amount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such Company Name Page 6 of 11 records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Chris Daste, Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Company Name Page 7 of 11 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such Company Name Page 8 of 11 attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that Company Name Page 9 of 11 it is aware of the provisions of Section 3700 of the California Labor Code that 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 the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Company Name Page 10 of 11 CITY OF ROSEMEAD COMPANY NAME By: Gloria Molleda, City Manager Date Signature Date Name: Print Attest: Title: Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary,AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: Rachel Richman, City Clerk Date Name: Title: Company Name EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL Company Name EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Company Name • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies Company Name using standard ISO endorsement No. CG 2010. . Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. Company Name 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13.For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered Company Name shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 PERFORMANCE BOND PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to (hereinafter"Contractor"), a contract for work consisting of but not limited to,furnishing all labor,materials,tools,equipment, services, and incidentals for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS,the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we , the undersigned Contractor, as Principal, and , a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal,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 said Public Work Contract and any alteration thereof made as therein provided, on his or their 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 the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee,its officers and agents,as stipulated in the said Public Work Contract,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond,the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time,alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same shall in any way affect its PERFORMANCE BOND - 1 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, or to the Work or to Specifications. IN WITNESS WHEREOF,we have hereto set our hands and seals this day on , 20. Principal/Contractor By: President Surety By: Attorney-in-Fact The rate of premium on this bond is per thousand. The total amount of premium charged;$ (The above must be filled in by corporate surety.) PERFORMANCE BOND -2 STATE OF CALIFORNIA ) ss. COUNTY OF ) On this day of , in the year , before me, ,a Notary Public in and for said state,personally appeared ,known to me(or proved to be on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the (surety)and acknowledged to me that he subscribed the name of the (surety) thereto and his own name as Attorney-in-Fact. Notary Public in and for said State (SEAL) My Commission expires PERFORMANCE BOND - 3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal to the within bond;that who signed the said bond on behalf of the principal was then of said corporation;that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PERFORMANCE BOND -4 CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 PAYMENT BOND PAYMENT (MATERIAL & LABOR)BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor,materials,tools, equipment, services, and incidentals for the ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be perfoinied by the Contractor is more particularly set forth in that certain contract for the said Public Work dated (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms 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 provisions of 3248 of the California Civil Code,with respect to such work or labor,that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we , the undersigned Contractor, as Principal and ,a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials,provisions, and other supplies used in,upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of dollars, ($ ), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract,for which payment 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 Principal,his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials,provisions,or other supplies or machinery used in,upon,for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor,and all other applicable laws of PAYMENT BOND - 1 the State of California and rules and regulations of its agencies,then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond,the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same 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 or to the Work or to the Specifications. IN WITNESS WHEREOF,we have hereto set our hands and seals this day on , 20 Principal/Contractor By: President Surety By: Attorney-in-Fact PAYMENT BOND-2 STATE OF CALIFORNIA ) COUNTY OF ) ss. On this day of ,in the year ,before me, , a Notary Public in and for said state, personally appeared ,known to me(or proved to be on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the (surety) and acknowledged to me that he subscribed the name of the (surety)thereto and his own name as Attorney-in-Fact. Notary Public in and for said State (SEAL) My Commission Expires PAYMENT BOND -3 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the corporation named as principal in the attached bond, that who signed the said bond on behalf of the principal was then of said corporation;that I know his signature, and his signature thereto is genuine;and that said bond was duly signed,sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) Signature Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. PAYMENT BOND -4 CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 PART "A" GENERAL PROVISIONS Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2018 Edition, including all current supplements, addenda, and revisions thereof(hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions,these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2018 edition, only of said reference specifications,provided,that wherever the term"Standard Specifications"is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Green Book"), 2018 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS - 1 PART 1 - GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used,they shall mean the following: Agency - The CITY OF ROSEMEAD Bid Guaranty - As defined in the Standard Specifications. Also referred to as the "Bid Security" in the Contract Documents. Bid Security - The Bid Guaranty, as defined herein. Board - The City Council of the CITY OF ROSEMEAD. City-The CITY OF ROSEMEAD City's Representative - The Engineer, as defined herein. Contract-The written agreement(Contract form)between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor,Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents - In addition to the documents noted in the definition of Contract Documents in the Standard Specifications,all documents incorporated by reference into the Contract form. Contract Price-The amount stated in the Contract form,including authorized adjustments pursuant to Change Orders,which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the "Total Bid Price" in the Contract Documents. Contractor's Representative—Contractor's executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the Contract. The Contractor shall designate such representative in writing to the City. The Contractor's Representative shall be available to the City and its agent's at all reasonable times. GENERAL PROVISIONS -2 Engineer - The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents,such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the "City's Representative" in the Contract Documents. Liquidated Damages-the amount prescribed in the Contract form,pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors -Notice Inviting Bids. Owner—The CITY OF ROSEMEAD Project - The total and satisfactory completion of the project noted in the Contract Documents,as well as all related work performed in accordance with the Contract,including but not limited to, any alternates selected by the City. Project Site - All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials-Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions - Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part"A"),the Supplementary General Conditions (Part"B") and the Technical Provisions (Part"C"). Total Bid Price-The amount stated in the Contract form,including authorized adjustments pursuant to Change Orders,which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the "Contract Price" in the Standard Specifications and other Contract Documents. -END OF SECTION - GENERAL PROVISIONS -3 SECTION 2 SCOPE AND CONTROL OF WORK The project consists of the demolition, removal, and proper disposal of the existing synthetic walking trail at Rosemead Park (9155 E. Mission Dr., Rosemead, CA 91770). The project also consists of the subsequent construction of a new flexible rubber pavement system. 2-3 SUBCONTRACTS 2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be amended to include the following provisions: "By appropriate written agreement,Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City's Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work." 2-4 CONTRACT BONDS The following shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work,or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City." "Pursuant to Public Contract Code Section 4108,Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except for a reimbursement payment to the Contractor for the cost of the Contractor's own Faithful Performance and Payment bonds, shall be made to the Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor." 2-5 PLANS AND SPECIFICATIONS GENERAL PROVISIONS -4 2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: "All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all,as they are intended to be cooperative and to provide a description of the Work to be done." 2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: "In resolving disputes resulting from conflicts,errors,or discrepancies in any of the Contract Documents,the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. Reference Documents" "With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings" 2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to the Standard Specifications to read as follows: "Should it appear that the Work to be done,or any matter relative thereto,is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City's Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract,so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer,whose decision thereon shall be final." 2-7 SUBSURFACE DATA GENERAL PROVISIONS -5 2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the Standard Specifications to read as follows: "Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the"technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data", the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer's Consultants with respect to any of the following:" "2-7.1.1. Completeness. The completeness of such reports and drawings for contractor's purposes, including,but not limited to, any aspects of the means, methods,techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto." "2-7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings." "2-7.1.3. Interpretation. Any interpretation by the Contractor of such"technical data"or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-8 RIGHT-OF-WAY. Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows: "All temporary access or construction rights-of-way, which the Contractor may find it requires during progress of the Work, shall be arranged by,paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials,officers,employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights-of-way." 2-9 SURVEYING. 2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in its entirety to read as follows: "All Work, including finished surfaces, shall during its progress and upon completion conform to existing lines, grades, cross-sections, elevations and dimensions." 2-10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2-10 of the Standard Specifications shall be revised to read as follows: GENERAL PROVISIONS -6 "Whenever the Contract Documents refer to the Engineer or City's Representative, or provide the Engineer or City's Representative with power to act on behalf of the City,such reference shall necessarily include the City's Representative, or his or her authorized designee." "The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City's Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City's Representative. The decisions of the City's Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor;(5)any claims and compensation issues; and (6) his authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly." 2-11 INSPECTION. The provisions of Section 2-11 shall be amended to include the following at the end of that Section: "The Engineer shall have complete and safe access to the Work at all times during construction,and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor,materials,and equipment furnished shall be subject to the Engineer's inspection." "When the Work is substantially completed,the Engineer or a representative of the Engineer will make the final inspection." "Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City's Representative so that proper inspection may be provided. Defective Work shall be made good,and unsuitable materials may be rejected,notwithstanding the fact that such defective work and unsuitable materials have previously been inspected,accepted or estimated for payment." 2-12 SITE EXAMINATION Section 2-12 shall be added to the Standard Specifications as follows: "The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties,responsibilities,or costs of successfully performing the Work according to the Contract Documents." GENERAL PROVISIONS -7 2-13 FLOW AND ACCEPTANCE OF WATER Section 2-13 shall be added to the Standard Specifications as follows: "Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore,the Contractor,by submitting a Bid,hereby acknowledges that it has investigated the risk arising from such waters,has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom." 2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2-14 shall be added to the Standard Specifications as follows: "The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2-3 of the Standard Specifications and state law. In addition,neither this Contract nor any interest herein may be transferred,assigned,conveyed,hypothecated,or encumbered,either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code,without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City." -END OF SECTION- GENERAL PROVISIONS - 8 SECTION 3 CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "Contractor shall not be entitled to claim or bring suit for damages,whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein,such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract." 3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall be revised to read as follows: "3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as follows:" "3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract,the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents,wherever such unit price has been established;provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work." "3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price,as hereinafter provided,or at the option of the Owner, payment for the work involved in such excess will be made as provided in Paragraph 3-3.2, as amended in these Special Provisions." "Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs,such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2,as amended in these Special Provisions,or such adjustment as will be as agreed to by the Contractor and the Owner." "When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer's Estimate is less than$5,000 at the applicable Contract Unit GENERAL PROVISIONS - 9 Price,the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor." "3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts,should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefor,an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed,unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer,payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided,however,that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price." "Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item,including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions,or such adjustment as will be as agreed to by the Contractor and the Owner." "The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit Price." "3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts,should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination,payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination." "If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case,the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for." "The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2,as amended in these General Conditions,or such adjustment as will be as agreed to by the Contractor and the Owner." 3-3 EXTRA WORK GENERAL PROVISIONS - 10 3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be amended to include the following at the end of that Section: "All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City's Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, except upon written order from the City's Representative." 3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be amended as follows: 3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the beginning of that Section: "Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally,payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City." 3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be amended in its entirety to read as follows: "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 24 percent(includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1st tier only) 5 percent 6) Lower tier subcontractors none To the sum of the costs and markups provided for in this subsection,except for labor, one percent shall be added as compensation for bonding." 3-6 EXISTING CONDITIONS. Section 3-6 shall be added to the Standard Specifications as follows: "Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include,but shall not be limited to,local labor availability,means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure,contractors'licensing requirements,availability of required insurance,and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely GENERAL PROVISIONS - 11 responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties,responsibilities,or costs of fully and adequately performing the Work according to the Contract Documents." -END OF SECTION - GENERAL PROVISIONS - 12 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSIIIP 4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: "It is the intent of the City in drafting the Contract Documents to accept only first-class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new,high grade,free from defects,of specified kind and fully equal to samples when such samples are required. Used or secondhand materials,parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material,parts, equipment and Work quality shall be subject to the approval of the City's Representative. All materials,parts and equipment used and installed,and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City's Representative. The City's Representative shall have access to the Work at all times during construction,and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials,parts and equipment shall be furnished in such quantities,kinds and at such times as to ensure uninterrupted progress of the Work." "All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner,and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City's Representative, or any extra work done without written authority,will be considered unauthorized and will not be paid for by the City. Upon Contractor's failure to comply promptly with any order of the City's Representative made under the provisions of this Section,the City's Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications,the City's Representative will furnish the Contractor with a certificate to that effect." 4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall fully and adequately store and protect all materials,parts and equipment,as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials,parts and equipment. The Contractor shall make good any and all damages or loss to materials,parts and equipment." "Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its GENERAL PROVISIONS - 13 completion and acceptance, and shall bear the expense thereof,except for such injuries or damages arising from the sole negligence or willful misconduct of the City,its officers,agents or employees. In the case of suspension of Work from any cause whatsoever,the Contractor shall be responsible for all materials and the protection of Work already completed,and shall properly store and protect them,if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall,upon being so attached or so affixed,become the property of the City." "Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms,however, Contractor shall provide insurance to protect against such damages." 4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications shall be amended to add the following at the end of that Section: "Contractor shall immediately remove all rejected material from the Work or Site,and shall not again return such material to the Site." 4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the Standard Specifications shall be amended in their entirety to read as follows: "Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal". A Contractor may offer any material, process, or equipment considered as equivalent to that indicated,unless a sole source is specified. Failure of the Contractor to submit requests for substitution ten(10)calendar days prior to the Bid Opening date shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions,and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified." "Substitutions must clearly be in Owner's best interest because of quality,cost,performance, conformity to code requirements or availability. City's Representative will make the decision as to acceptance of proposed substitution." "Submittal of proposed substitutions shall be made only by the Contractor(s). The City's Representative will not review direct submittal by manufacturers, suppliers or subcontractors." "The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications,samples,or published documents relating to the performance and physical characteristics of the proposed substitute. The Contractor shall have the material tested as required by the City's Representative to determine that the quality, strength, physical, chemical or other GENERAL PROVISIONS - 14 characteristics, including durability,appearance,finish,function,structure,efficiency,dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function." "Use of approved substitutions shall in no way relieve the Contractor from responsibility for compliance with Contract Documents after installation. Contractor shall assume all extra costs caused by use of approved substitute materials." "Substitutions for specified product, brand or manufacture that have been submitted and disapproved by the City's Representative shall not be resubmitted in any modified form." "In case materials are substituted and installed without proper authorization,the Contractor shall remove such materials and install those specified at his own expense." "Acceptance of proposed substitution shall be determined solely by the City's Representative. The final decision shall be the City Representative's in accordance with the General Provisions." "Substitutions may be considered when product becomes unavailable through no fault of Contractor. Provide letter from manufacturer, on manufacturer's letterhead, stating lack of availability." "Unacceptable Substitutions: substitution requests initiated by late submittals that have caused materials to become unavailable due to delay in ordering and procurement will not be acceptable reason for substitutions." "Provide same warranty for substitution as for specified product." 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: "The Contractor shall place the order(s)for all long-lead supplies,materials,and equipment, for the project within three (3) working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s)that the order(s)for said supplies,materials,and equipment has been received and accepted by said vendor(s)within fifteen (15)working days from the date of said award of Contract." 4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard Specifications to read as follows: "The Contractor shall remove and dispose of all debris, abandoned structures, tree roots, cobbles,and obstructions of any character met during the process of excavation,it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work." 4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added to the Standard Specifications to read as follows: GENERAL PROVISIONS - 15 "Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost,free of all charges to the City. The cost of additional replacement of concrete headers in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid." 4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the Standard Specifications to read as follows: "In support of the Owner's waste reduction and recycling efforts,Contractor shall divert all Recyclable Waste Materials,as defined in the Contract Documents,to appropriate recycling centers rather than area landfills. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by Owner to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor." -END OF SECTION - GENERAL PROVISIONS - 16 SECTION 5 UTILITIES 5-1 LOCATION The provisions of Section 5-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "The Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of two(2)working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work." "The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work." 5-2 PROTECTION The provisions of Section 5-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "If the Contractor,while performing the Contract,discovers utility facilities not identified by the public agency in the Specifications, he or she shall immediately notify the public agency and utility in writing." "The public utility,where they are the owner,shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." 5-5 DELAYS The provisions of Section 5-5 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code(Sections 4215 and 4216)are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216,the provisions of Government Code Section 4215 and 4216 shall prevail." "Contractor shall employ and use only qualified persons, as hereinafter defined,to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved,as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors." -END OF SECTION - GENERAL PROVISIONS - 17 SECTION 6 PROSECUTION,PROGRESS,AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1 of the Standard Specifications shall be amended in its entirety to read as follows: "After the Contract has been approved by the Owner,and a written Notice to Proceed has been issued to the Contractor,the Contractor shall start the Work within ten(10)working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof." The provisions of Section 6-1 of the Standard Specifications shall be amended to add the following at the end of that Section: "Notwithstanding anything to the contrary herein, the Contractor's proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City's Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference,every effort will be made to permit a new construction schedule at the time most convenient to the Contractor,thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City's Representative in all such cases in order to arrive at a mutually satisfactory schedule." "Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor." 6-3 SUSPENSION OF WORK. 6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be amended to add the following at the end of that Section: GENERAL PROVISIONS - 18 "The situations which will be deemed to be in the City's interest to suspend the Work shall include, but shall not be limited to,the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3)when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever(including,but not limited to,strikes,labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever(including,but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including,but not limited to,transportation problems,labor strikes,labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever(including, but not limited to transportation problems,strikes,labor unrest or labor shortages of any kind);(7)when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8)when the Contractor fails or refuses to maintain a Work program which will insure the Agency's interest; (9)when the Contractor fails or refuses to carry out the intent of the Contract;or(10)when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence,speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City's Representative and shall not resume operations until so ordered in writing." 6-4 DEFAULT BY CONTRACTOR. The first,second and third full paragraphs of Section 6-4 of the Standard Specifications shall be amended to read as follows: "If the Contractor should be in violation of the Contract,then the City may,without prejudice to any other right or remedy and after giving notice as specified herein,terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may terminate the Contract if, in its sole opinion,the Contractor fails or refuses to: (1)begin delivery of any materials,manufactured articles, supplies or equipment for any reason whatsoever(including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever(including,but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3)maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents;(5)maintain a Work program which will insure the Agency's interest;(6)carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including,but not limited to, strikes, labor unrest, labor shortages of any kind), or(8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact." "If the City determines that sufficient grounds exist to terminate the Contract as provided herein,the City's Representative shall provide written notice to the Contractor and its surety on its GENERAL PROVISIONS - 19 performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply in good faith,the City may exclude the Contractor and its employees and Subcontractors from the Work,or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon,the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate,and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof,or for insuring its proper completion,but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor,the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof,the decision of the City Council shall be binding on all parties to the Contract." 6-8 COMPLETION AND ACCEPTANCE. Section 6-8 of the Standard Specifications shall be amended in its entirety as follows: "The Work will be inspected for acceptance by the City's Representative upon receipt of the Contractor's written assertion that the Work has been completed. If, in the sole discretion of the City's Representative, the Work has been completed and is ready for acceptance, the City's Representative will notify the City Clerk that the Contract has been completed in its entirety. The City's Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder,a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work." "The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make,at his own expense,any repairs or replacements made necessary by defects in materials or workmanship that become evident within one(1)year after the date of the final payment,and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one(1)year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City's Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof" "The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by GENERAL PROVISIONS -20 a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%)of the Contract. Said bond shall remain in force for a period of one(1)year after the date of Notice of Completion and acceptance. Alternatively,the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1)year period." "The parties agree that no certificate given, with the exception of the certificate of final payment,shall be conclusive evidence of the faithful performance of the Contract,either in whole or in part, and that no payment shall be construed to be in acceptance of any defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof." 6-9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: "Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Owner will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Owner as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments,the final payment and retentions." 6-11 TIMES OF OPERATION Section 6-11 shall be added to the Standard Specifications to read as follows: "It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following,other than between the hours of 7:00 a.m.to 5:00 p.m.,Monday through Friday,with no work allowed on Owner-observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools" -END OF SECTION - GENERAL PROVISIONS -21 GENERAL PROVISIONS -22 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-2 LABOR. 7-2.2 Laws. "The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:" "7-2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws,rules and regulations with respect to Social Security . The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid." "7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections,eight(8)hours of labor shall constitute a legal day's work. Contractor shall pay to the City a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor, or by any Subcontractor, for each calendar day during which such worker is required or permitted to work more than eight(8)hours in any calendar day or forty(40) hours in any one(1)calendar week,except when payment for overtime is made at not less than one and one-half(1-1/2)times the basic rate for that worker." "7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor's license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted.Pursuant to Section 7028.5 of the Business and Professions Code,the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s)currently held by that Bidder and each of the Bidder's subcontractors,before awarding the Contract." "7-2.2.5 Non-Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non- disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include,but not be limited to,all activities related to initial employment,upgrading,demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work." "7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the GENERAL PROVISIONS -23 California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids." 7-3 PERMITS. Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows: "Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses(including a City business license),pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work." 7-8 PROJECT SITE MAINTENANCE. 7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint,thinner,curing compound,solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements." 7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: "In addition,Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-124,the Porter-Cologne Act(California Water Code)and the Waste Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices(BMPs)are listed in the California Storm Water Best Management Practices Handbook for Construction Activities." WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1- Acre Of Disturbed Soil All construction projects,regardless of size,will be required to implement best management practices(BMPs)necessary to reduce pollutants to the Maximum Extent Practicable(MEP) GENERAL PROVISIONS -24 to meet the minimum water quality protection requirements as defined in Table 2-1. Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Sediments generated on the project site shall be retained Sediment Control using adequate Treatment Control or Structural BMPs. Control 2.Construction Construction-related materials,wastes, spills or residues Site Materials shall be retained at the project site to avoid discharge to Management; Control streets, drainage facilities,receiving waters, or adjacent Material and properties by wind or runoff. Waste Non-storm water runoff from equipment and vehicle Management washing and any other activity shall be contained at the project sites. 3. Erosion Erosion from slopes and channels shall be controlled by Erosion Control implementing an effective combination of BMPs, such as Control the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Please refer to the California Stormwater Quality Association's Construction Handbook available for free on their website(www.cabmphandbooks.com—Construction Handbook) for further information regarding the BMPs listed in Table 2-1. B. Water Quality Protection Requirements For Construction Projects With 1-Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan(SWPPP)must be submitted to the City for all construction projects where at least 1-Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1-Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1-Acre or more of soil. Construction activities can not begin until a Waste discharger Identification(WDID)Number is issued by the State Water Board. The 1-Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4-acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent(NOI) GENERAL PROVISIONS -25 you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 4th. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: http://www.swrcb.ca.gov/—rwgcb4 The SWPPP shall include: • The name, location,period of construction, and a brief description of the project; • Contact information for the owner and contractor; • The building permit number for the project; • The grading permit number for the project(where applicable) • A list of major construction materials, wastes, and activities at the project site; • A list of best management practices to be used to control pollutant discharges from major construction materials,wastes, and activities; • A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; • Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; • A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and • A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two (2) copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required,the Contractor shall revise and re-submit the document within 7 days of their receipt of the City's comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency(U.S.EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs)which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The GENERAL PROVISIONS -26 Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com)in conjunction with all activities and construction operations: 1. Construction Practices (NS2,NS3,NS4, and NS6) 2. Material and Waste Management (WM01, WM02, and WM04) 3. Vehicle and Equipment Management(NS8,NS9, and NS10) 4. Physical Stabilization (EC7, EC12,NS4, TC1, and TC2) 5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Los Angeles County DPW P.O. Box 2313 Cashier's Office Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel.No. (626) 458-6959 D. Implementation The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor's activities, or construction operations. The Contractor shall demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday,construction scheduling shall be modified,as required,and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, "Water Pollution Control". Unless otherwise directed by the City,the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention GENERAL PROVISIONS -27 The Contractor's attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill,the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines,penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the Contractor's expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off-hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 (For any significant volume of material that entered the storm drain or receiving water) G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three(3)working days from the occurrence of a spill to the City,(Attention:Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause GENERAL PROVISIONS -28 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring II. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor's failure to comply and/or fulfill the requirements set forth in Section 7.09-"Water Pollution Control". The costs and liabilities include,but are not limited to fines,penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures,the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing,but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining,removing, and disposing of control measures, except those that were installed as a part of another structure,shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. 7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the Standard Specifications to read as follows: "The Contractor shall comply with all local sound control and noise level rules,regulations and ordinances,including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage,the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to,trucks,transit mixers or transit equipment that may or may not be owned by the GENERAL PROVISIONS -29 Contractor." 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.4 Safety. 7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the beginning of the first full paragraph: "In accordance with generally accepted construction practices,the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include,but shall not be limited to,the erection and maintenance of temporary fences,bridges,railings and barriers;the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City's Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site." Section 7-10.4.1 shall be amended also to add the following to the beginning of the second full paragraph: "Pursuant to Labor Code Section 6705,if the Contract Price exceeds$25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five(5)feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing." 7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended to add the following to the end of that Section: "As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I,Class II or Class III disposal site;(2)subsurface or latent physical conditions at the site differing from those indicated by City; and(3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract,but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute." 7-11 PATENT FEES OR ROYALTIES. Section 7-11 of the Standard Specifications shall be amended in its entirety to read as GENERAL PROVISIONS -30 follows: "The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use." 7-13 LAWS TO BE OBSERVED. Section 7-13 of the Standard Specifications shall be revised in its entirety to read as follows: "The Contractor shall keep itself fully informed of all existing and future State,Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work,or the materials used in the Work, or which in any affect the conduct of the Work,and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer,against any claim or liability arising from,or based on,the violation or alleged violation of any such law, rule, ordinance,regulation, order, or decree,whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct of the Work,keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws,rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions,or Contract for the Work in relation to any such law,rule,ordinance,regulation,order,or decree,the Contractor shall forthwith report the same to the Engineer in writing." 7-15 INDEMNIFICATION. Section 7-15 shall be added to the Standard Specifications as follows: "Contractor shall defend(with counsel of City's choosing),indemnify and hold the City,its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands,causes of action,costs,expenses,liabilities, losses,damages or injuries, in law or equity, to property or persons,including wrongful death,to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor,its officials,officers,employees,agents,consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend,at Contractor's own cost,expense and risk,with Counsel of City's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, GENERAL PROVISIONS -31 award or decree that may be rendered against City, its officials, officers, employees,volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials,officers,employees,volunteers or agents for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782." 7-16 CONCRETE FORMS,FALSEWORK AND SHORING. Section 7-16 shall be added to the Standard Specifications as follows: "Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes,and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents." -END OF SECTION - GENERAL PROVISIONS -32 SECTION 9 MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK. Section 9-2 of the Standard Specifications shall be amended to add the following at the end of that Section: "On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor." 9-3 PAYMENT. 9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: "Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City's acceptance of the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement,the City's Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which,in the City Representative's opinion,shall be just and fair,covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions." "All retention proceeds shall be released and paid in strict accordance with Public Contract Sections 7107 and 7201." Section 9-3.1 of the Standard Specifications shall be amended to also add the following at the end of that Section: "Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Condition's, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work,including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor(OSHA)." "No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms,and all costs therefor shall be included in the prices named in the Contract Bid GENERAL PROVISIONS -33 Forms for the various appurtenant items of work." 9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: "For purposes of this Section,the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment,the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth(10th)day of the following month. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et seq." "Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages." "Subject to the provisions of Section 22300 of the California Public Contract Code, a 5 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer." "Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300,the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City,or with a state or federally chartered bank in California as the escrow agent,and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.The escrow agreement used for the purposes of this Section shall be in the form provided by the City." "The Contractor shall submit with each invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner,the Contractor shall submit a final waiver of lien for the Contractor's work,together with releases of lien from any subcontractor or materialmen." -END OF SECTION GENERAL PROVISIONS -34 CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 PART "B" SUPPLEMENTAL GENERAL CONDITIONS ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work The project consists of the demolition, removal, and proper disposal of the existing synthetic walking trail at Rosemead Park (9155 E. Mission Dr., Rosemead, CA 91770). The project also consists of the subsequent construction of a new flexible rubber pavement system. 10-1.2 Quantities - The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3- 2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 Installation of Equipment - All materials and workmanship shall be in accordance with the manufacturer's specifications and instructions. SUPPLEMENTARY GCs-1 10-2 PROSECUTION, PROGRESS,AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is twenty (20) working days. Work on this project shall commence no later than ten working (10) days from the date of Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. c. Inspection: The City shall provide inspection for an 8-hour day for normal working days. The City will deduct from the contractor's invoice an amount equal to $120 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. d. Weight master certificates are source documents and it is the contractor's responsibility to collect the material tickets from the drivers at the delivery point, sign and date them and submit to the City Inspector. e. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least forty-eight (48)hours in advance of any activity. f. The contractor and all subcontractors shall attend a pre-construction meeting at the time, date, and place determined by the City. g. The contractor and all subcontractors shall obtain a Rosemead Business License prior to the start of work. 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest edition, including all supplements, and applicable provisions of Caltrans Standard Specifications, latest edition. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10-4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. SUPPLEMENTARY GCs-2 When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City during the period which the contractor occupies the site. The yard shall be fenced with City-approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and/or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. 10-5 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty-four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at (800) 422-4133 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. 10-7 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES)program. 10-8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for SUPPLEMENTARY GCs-3 any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422- 4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10-9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 7-10 of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic Control Handbook of the American Public Works Association (WATCH Manual), latest edition. Spillage resulting from hauling operations along any public traveled way shall be removed immediately by the contractor. Traffic shall not be allowed on the street until the initial sweeping is complete. 10-10 PAYMENT Payment shall be made in accordance with Section 9 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all.labor materials, tools and equipment and doing all the work involved in completion of the bid items. 5 %retention will be paid 35 days after Notice of Completion was recorded. 10-11 SURVEY MONUMENTS See Section 2-9 Surveying of the General Provisions. 10-12 CLEAN-UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. 10-13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make SUPPLEMENTARY GCs-4 at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in Subsection (a) hereof shall be secured by a surety bond which shall be delivered by the Contractor to the Owner before the notice of completion shall be filed by the Development Services Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the work area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. 10-15 SITE MAINTENANCE 1.01 General. The Contractor shall maintain the construction site in a neat and orderly condition, free from trash and waste construction materials at all times. Unattended construction materials, equipment, and trash shall be left in a manner to not constitute a fire hazard nor become a nuisance or danger due to rain, wind, or other forces of nature. SUPPLEMENTARY GCs-5 The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. The Contractor shall provide proper barricades or temporary fencing to insure a safe construction site. The Contractor shall maintain the work site in a manner that assures adequate access to workers and other authorized personnel. The Contractor shall provide proper traffic control in all construction areas. 1.02 Dust Control. The Contractor shall exercise all reasonable and necessary means to abate undue dust. Application of water for dust control shall be under the control of the Engineer and shall be applied in the amounts and at locations designated by the Engineer or other City Representatives. 1.03 Control of Water. The Contractor shall work in a manner that does not prevent storm or other water from flowing uninterrupted along the existing street drainage courses. Diversion of water for short reaches to protect construction may be permitted if public or private properties are not threatened with damage. Should such diversions be necessary, the Contractor shall obtain written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside rights-of-way or normal drainage courses. 1.04 Protection of Existing Improvements. Construction operations shall be conducted in a manner that assures all permanent facilities and improvements, as well as temporary improvements which remain during the life of this contract, are not subject to vertical settlement or horizontal movement. The Contractor shall work around all existing utility facilities. During construction the Contractor shall cooperate with the owners of any utility that has manholes, vaults, valve covers or any other facilities within the construction area. These facilities shall be completely protected by the Contractor. The Contractor shall exercise care to prevent asphalt material from being deposited on concrete surfaces. Unless otherwise specified, all costs for protection of existing improvements shall be absorbed in the various items of work and no separate payment shall be made for them. 1.05 Restoration of Existing Improvements. All existing improvements removed or damaged during construction shall be reconstructed in accordance with the applicable provisions of the Standard Specifications for Public Works Construction, 2012 Edition, (hereinafter referred to as the Standard Specifications). The Contractor shall replace or restore existing improvements to their original condition to the satisfaction of the Engineer at no expense to the City. 1.06 Disposal of Removed, Cleared, and Waste Material. All removed, cleared, and waste material shall become the property of the Contractor and shall be disposed of by SUPPLEMENTARY GCs-6 the Contractor outside the limits of work in accordance with the applicable ordinances and regulations of governmental agencies having jurisdiction. 1.07 Final Clean Up. After completion of all other work required under the contract, the Contractor shall, at no expense to the City, clean up the work site including any and all properties used by the Contractor during construction to the satisfaction of the Engineer. The Contractor shall remove and dispose of all excess materials. The Contractor shall repair, replace, or restore, to the satisfaction of the Engineer, all property of any type or nature which has been moved, damaged or altered in any way by the Contractor's operations. The Contractor shall return all roadway and adjoining surfaces to their original condition and appearance. 1.08 Payment. No separate payment will be made for Site Maintenance. All costs for furnishing all labor, materials, tools, dump fees, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. 10-16 CLEARING AND GRUBBING 2.01 General. Clearing and Grubbing shall conform to Section 300-1, "Clearing and Grubbing" of the Standard Specifications. In addition, the following items of work are included under Clearing and Grubbing, unless otherwise covered by specific bid items: A. Maintaining dust control at all times by watering and sweeping. B. Protecting in place of existing water mains, sewers, gas lines, water meters, valve covers, walls, fences, curbs, fire hydrant, telephone and power poles, and other existing structures. C. Removing, storing, and replacing removable and portable items and their safe handling and keeping. D. Providing temporary pumps, conduits, and any other necessary means to convey waste waters in order to bypass the construction as needed and as approved by the Engineer. E. Saw cutting Portland cement concrete and asphalt concrete pavement for construction of smooth and straight joins. F. Removing and disposing of all existing improvements interfering with the construction of new improvements and/or as required elsewhere in these specifications and not included in other bid items. G. Restoring landscaping or any other miscellaneous improvements damaged during construction. SUPPLEMENTARY GCs-7 H. Removing, replacing, backfilling, and compacting miscellaneous earthwork resulting from removing existing improvements that are not replaced and where excavations were made for concrete forming. I. Backfilling areas with clean topsoil; grading to join elevation of newly constructed concrete headers; and seeding, watering, and caring for rye grass or approved equal by the Engineer until the grass is established. J. Coordinating the construction with all utility companies (if required). K. Obtaining permit from the appropriate water company for connection to fresh water source and delivering water to the point of use and assuming payment of all fees and payment for water used. 2.02 Payment. Payment for Clearing and Grubbing shall be included in the lump sum price under Bid Item No. 2. Payment of the lump sum price bid shall include full compensation for furnishing all labor, materials,tools, and equipment, and doing all work involved in Clearing and Grubbing as specified above and as directed by the Engineer. 10-17 CONTRACTOR'S RESPONSIBILITIES BEFORE COMMENCEMENT OF THE PROJECT 3.01 General. Due to the nature of this project involving some inconveniences, the Contractor shall respond to all complaints associated with the project that include any alleged damage to private property and/or vehicles, within 24 hours of notification. Failure to comply with this provision will result in an additional penalty of$50.00 per occurrence. The City reserves the right, after 24 hours of notification, to respond to the complaint and repair the alleged damage. The Contractor shall reimburse the City for all costs involved in addressing the complaint, including any administrative costs incurred by the City. 3.02 Notification of Affected Owners or Businesses. The Contractor shall distribute notices informing those affected that construction will be performed in proximity to their property. The notice shall be distributed not less than 48 hours before commencement of work. The Contractor shall provide a sample notification to the Engineer for approval. 3.03 Payment. No separate payment will be made for Contractor's Responsibilities Before Commencement of the Project. All costs for furnishing all labor, materials, tools, and incidentals and doing all the work involved, as specified herein and as directed by the Engineer, shall be included in the prices bid for the various contract items of work. SUPPLEMENTARY GCs-8 CITY OF ROSEMEAD ROSEMEAD PARK WALKING TRAIL REPLACEMENT PROJECT PROJECT No. 49007 PART"C" TECHNICAL PROVISIONS TECHNICAL PROVISIONS SECTION 32 12 18-FLEXIBLE RUBBER PAVEMENT TP-1-TP-8 SECTION 32 12 1.8—FLEXIBLE RUBBER PAVEMENT Part 1 -GENERAL 1.1 DESCRIPTION Flexible rubber paving system, developed for foot pavements, sidewalks,jogging tracks and pathways. 1.2 SECTION INCLUDES: A. The complete installation of a poured in place, multi layer, monolithic, resilient polyurethane-bound synthetic rubber pavement, uniformly paved with a non-porous, UV-resistant granulated surface, an installation that is suitable for slopes, mounds and curves and is produced on site to contour the surface while providing a resilient pavement that is ADA compliant and wheel sport compatible. B. The system is a specially formulated multi-layer multi-component nonporous, rubber and resin composite system, formed by mixing, pouring and leveling. The base layer is composed of proprietary polyurethane binder and recycled black SBR granules. The surface layer comprises of formulated high resilience EPDM granules. Specific work consists of furnishing all the required labor, materials, equipment, parts, and supplies necessary for the installation of this flexible rubber pavement. Layout required and specified by current Owner or architect. The work hereunder shall be done and conform to: C. Color Wear Layer: Brick Red (Encapsulated Color Coated Rubber Bits) D. Guarantee: Five(5)years 1.3 DEFINITIONS: A. Subbase:A layer in a paving system between the sub-grade and the base course, or between the subgrade and a flexible paving. B. Base Reinforcement: The use of a geo synthetic within the aggregate base course to enhance the performance of the paving. C. Geogrid: Biaxial or triaxial woven polypropylene material for base course reinforcement and confinement, and subgrade stabilization and increased subgrade load capacity. D. Subgrade: The soil prepared and compacted to support a structure or paving system. E. Panel: An individual paving slab bordered by joints or slab edges. F. Exposure Conditions, Moderate: Exposure to a climate where the paving will not be in a saturated condition when exposed to freezing and will not be exposed to deicing agents or other aggressive chemicals. G. Exposure conditions, Severe: Exposure to deicing chemicals or other aggressive agents or where the paving can become saturated by continual contact with moisture or free water before freezing. H. Pervious/Porous Paving: A paving comprising material with sufficient continuous voids to allow water to pass from the surface to the underlying layers. I. Pervious/Porous: The property of a material which permits movement of water through it under ordinary hydrostatic pressure. 1.4 SUBMITTALS: 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV_04212020 TP-1 A. Samples: 1. Submit (1) Color chart representing full range of manufacturer's color options 2. Submit (1) Specified Labeled Sample, Project Specific 4" x 4" square in full thickness of color selected by Architect or Owner 3. Submit(1) Copy of Manufacturer's Technical Data Sheets on each product to be used 4. Submit (1) Installation Overview 5. Submit (1) Product Data for Credit MR4: Products having recycled content, documentation indicating percentages by weight of postconsumer and pre consumer recycled content. B. Manufacturer's Project References: 1. Submit a list of successfully completed projects that are over 5 years old. Include project name and location, landscape architect, customer official or engineer, type and quantity of surfacing installed, contact phone and email of Owner official. C. Installers Project References: 1. Submit a list of successfully completed projects that are over 5 years old. Include project name and location, landscape architect, customer official or engineer, type and quantity of surfacing installed, contact phone and email of Owner official. D. Warranty: 1. Submit standard product installed warranty. 2. Submit standard labor warranty. 1.5 QUALITY ASSURANCE A. The contractor's installing foreman must have experience installing the specified type of flexible pavement surface system and shall employ no less than one manufacturer-certified technicians on staff who directly oversee or perform the installation during all paving installation placement, unless otherwise agreed. (Onsite supervision by manufacturer's authorized certified installers may be considered and will be required for outside contractors interested to become certified. Independent contractor consulting fees will be applicable for oversight supervision services being requested) B. Pavement systems shall be installed by authorized factory trained technicians only to be warranted. Unless otherwise specified. 1.6 DELIVERY AND STORAGE A. Delivery of Materials: Materials should be delivered in manufacturer's container to maintain clean and dry conditions. See manufacturer's guidelines for temperature requirements for the locale of installation. B. Storage of Materials: The Trade Contractor shall provide a secure, clean, dry location for storage of materials at temperatures above 55°F. Under no circumstances should materials be stored outside unless fully protected from moisture with 10 mil polyethylene barrier and tarpaulin. All materials stored outside shall be inspected by dealer for moisture contamination before application. 1.7 PROJECT SITE CONDITIONS 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV_04212020 TP-2 A. Rubber surfacing must not be applied until other trades are completely finished in the area and surrounding area. Environmental site conditions must be between 55 and 90 degrees F. When curing, the temperature may not fall below 40-degrees F. Do not install permeable paving when subbase is wet or when ground is frozen. B. Base shall be free of any materials and released to the applicator clean and in good condition. C. Upon completion of installation, installer shall remove all unused materials, tools, equipment, and rubbish. D. No smoking, open flames, or sparks from electrical equipment shall be permitted during the application of materials. 1.8 MATERIAL GUARANTEE A. The rubber pavement surface installation shall be guaranteed against defects in materials for up to (10)years. PRODUCTS 2.1 MANFACTURERS A. Acceptable Manufacturer: USSA, Inc.which is located at: West Coast: 4000 Barranca Parkway Suite 250 , Irvine, Ca. 92604: 877-288-0045 East Coast: 275 Greenwich Ave. Suite A, Greenwich, CT. 06830 Mid Atlantic: 825 10th St. NW suite 755 Washington DC, 20001 email: info@rubberway.com web www.rubberway.com Acceptable polyurethane manufacturer is RubberWay. All materials made in the USA. B. Equal. C. Substitutions: Requests for substitutions will be considered with approval by Owner or Owner's representative 10 days prior to bid date. 2.2 MONOLITHIC, POURED IN PLACE MULTI-LAYER FLEXIBLE RUBBER PAVEMENT SYSTEM A. Product: RUBBERWAY SOFTWALK 1. BASE Material: 100% recycled crumb rubber granules of a graded sieve size ranging from 20-30 mesh manufactured on site and adhered with a polyurethane binder that is laid to achieve a minimum thickness of 1"over existing concrete subbase. 2. The ratio of rubber shall not be less than 84% rubber to 16% binder as determined by the weight of the products. 3. WEAR LAYER OR TOP COURSE Material: The Wear layer shall consist of peroxide cured Ethlyene Propylene Diene Monomer granules of a graded sieve size ranging from 18-30 mesh and is to be a minimum thickness of 1/2" in. The bonding agent must be environmentally inert and offer long term performance and stabilization. 4. The ratio of rubber shall not be less than 80% rubber to 20% binder as determined by the weight of the products. 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV 04212020 TP-3 C. Color: As selected by Owner and or Architect 2.3 MATERIAL TESTING AND CHARACTERISTICS: Test Results DIN Standard Standard Deformation: At 0 degrees C 0.85mm 0.6mm- 1.8mm At 23 degrees C 1.09mm (temp range 0 degrees- At 40 degrees C 1.36mm 40 degrees C) Tensile Strength: 0.58N/mm min 0.5N/mm2 78% min 40% Sliding Behavior: Dry 0.85 dry< 1.1 Wet 0.60 wet< 0.5 Penetration Characteristics: 0.71 mm max 1.00mm Burning Characteristics: Class 1 to DIN 51960. Wearing Behavior: 1.1 min 1.0 Ageing: QZ no value< 0.75 tensile strength min 0.75 QB no value< 0.75 ultimate strain min 0.75 QE no value< 0.75 QE min 0.75 QE no value> 1.25 QE max 1.25 No color value color transfer min 3 degrees < 3 degrees All Materials shall have documented independent test results by an accredited IAAF testing house to the requirements of the IAAF Performance Specifications for Synthetic Surface(Outdoor)dated January 1990. The following details have been taken from the Centre of Sports Technology, London, Laboratory Report L-0306 dated 16th March 1992 and shall be used as minimum standard for this project: TEST RESULT MINIMUM SPEC Sample thickness: (mm) 14.6mm >12 Force Reduction (percentage) 39.1% 35.50% Modified vertical deformation (mm) 1.13 0.6-1.8 Friction-TRRL 58 >47 Tensile Strength: (Mpa) 0.52 >0.5 Elongation at break (Percentage) 69 >40 Environmental Compatibility-This system has been tested by the independent testing laboratory, Messrs FMPA, Germany, Test Report RAL KB 010205, confirming the requirements relating to the environmental compatibility are fulfilled in all points by the Synthetic Surface. TEST RESULT ASTM STANDARD Sample Thickness: 11/2" Coefficient of Friction Wet.79/Dry .94 2047-96 Skid Resistance 45 E303 Tensile Strength of Binder 2000 PSI 412 Elongation at Mean 290% Flammability Passes D 2859 Flammability Passes UL 94 Water Extractable 0% Organic Extractable 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV_04212020 TP-4 ADA Compliant Yes Yes GMAX 143 F-355 Solar Reflectance Index Value (Grey) 31 ASTM E 1980-11 Static Load 99% Recovery ASTM F970 Freeze/Thaw Change-25 cycles (+) .44% C67-09 Toxic Leaching procedure Pass Method 6010 B LEED Credit Requirements: This system may qualify for recycled content, heat island effect when using grey or beige colors, storm water drainage, innovation in design and when possible, regional labor and materials. 1. Toxicity- Heavy Metal leaching tests required to meet EPA 1312 standards. 2. Recycled content must exceed 60% postconsumer per unit of product. 3. System must meet a 20 year design life. 4. Installation must include a percentage of regional labor. 5. Local and or regional materials within 500 miles, when feasible. 6. System must be manufactured on site. 7. Solar reflectance Index value exceed 30 with grey color. 2.4 LIFE CYCLE MANAGEMENT PLANS: A. The Installation Company, with their proposal, shall provide detailed plans for the management of all system components at the end of their useful life, including: 1. Manner of reuse/recycling for each product component. 2. A detailed description of the reuse or recycling process. 2.5 RUBBER PAVEMENT A. Bonding: Have the capacity to bind with wood, steel, concrete, aluminum, compacted aggregate. B. Resistance to chlorine, ozone, bromine, muriatic acid, saltwater, oil, transmission oil, hydraulic oil. Part 3—EXISTING SYNTHETIC SURFACE A. Examination 1. The existing colored mulch synthetic resilient surfacing system is assumed to be approximately one and one-half inches (1-1/2") thick based on the best available information. The Owner makes no guarantees of the true dimensions or condition of the existing surfacing system. B. Execution 1. The existing colored mulch synthetic resilient surfacing system shall be removed, hauled off, and properly disposed of prior to installation of the new flexible rubber pavement system. Part 4—SUBBASE 4.1 RELATED WORK OVER EXISTING CONCRETE SLURRY SUBBASE A. Examination 1. The existing subbase is assumed to be concrete slurry based on the best available information. The Owner makes no guarantees of the true dimensions or condition of the existing concrete slurry subbase. 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV_04212020 TP-5 2. Do not begin installation until the existing concrete slurry subbase has been inspected by an authority approved by the Owner. B. Execution 1. The existing concrete slurry subbase shall be protected in place. 2. The contractor shall be responsible for performing an elevation survey of the existing concrete slurry subbase prior to application of the rubber pavement surface. 3. The existing concrete slurry subbase shall be sufficiently cleaned prior to work being performed. 4. The governing guidelines of the rubber surfacing construction allow for a maximum longitudinal slope of one tenth of one percent (0.10%). The maximum lateral slope shall not exceed one(1) percent(1.00%). Grade performance tests may be required to be performed by the Contractor on the existing concrete slurry subbase at the Engineer's discretion. The entire surface shall provide positive drainage to the inside edge of the rubber surface. 5. Prior to installation of the polyurethane base layer the entire existing concrete subbase shall be checked for planarity and surface tolerance. The maximum allowable planarity deviation should be 1/8 inch in 10 feet when measured in any direction with a straight edge. Any deficient areas that vary more than 1/8 inch in any direction when measured with a 10-foot straight edge shall be patched with a compound compatible with the base material and approved by the synthetic surface manufacturer and the Engineer. After any corrections,the surface shall not allow water to stand greater than 1/16 inch deep one (1) hour after rain has ended. 6. The Contractor shall be responsible to have adjacent grass edged and removed from all areas receiving the synthetic surface. It may be necessary to apply a liquid herbicide to any adjacent edges of sidewalk or synthetic surface areas. 7. All work required to put the existing concrete subbase in acceptable condition shall be the responsibility of the General Contractor. 8. General Contractor should perform tests for moisture and adhesion prior to application and report adverse conditions to the installation contractor in writing. 4.3 INSTALLATION OVER EXISTING CONCRETE SUBBASE The entire area to be surfaced shall receive an application of polyurethane primer applied uniformly at a rate between 0.20-0.30 lbs. per sq. yd. A. Limitations 1. Installation of the synthetic surface material shall take place only when conditions are dry and the temperature is 55 degrees F and rising. If, in the installer's opinion,weather or climate conditions are harmful for proper synthetic surface installation, work will be delayed until conditions are agreeable. PART 5- INSTALLATION A. BASE LAYER 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV_04212020 TP-6 1. The mixing ratio of rubber to binder shall not be less than 5 parts rubber to 1 part binder as determined by the weight of the products. The materials shall be prepared in a mechanical mixer until a homogenous mix is obtained. 2. The mixed materials making up the synthetic surface shall be applied by a mechanically operated finishing machine which shall have an electrically heated screed or poured in place and hand troweled. The surface shall be in situ installed in one single layer to the specified depth. 3. The cured edge of each joint shall be primed with the synthetic surface binding agent prior to the adjacent base mat. All joint work shall be troweled flush with the adjacent mat. 4. All seams shall be troweled smooth within the pot life of the material.All edges shall be straight and rounded by turning the trowel. All cold dry seams shall be cut straight at an inward angle and primed prior to commencing with subsequent work. 5. The base layer shall be cleaned and prepared prior to the installation of the wear layer in accordance with the manufacturer's specifications and instructions. B. WEAR LAYER 1. The EPDM granules shall be integrated into a poured-in-place.U.V. stabilized polyurethane binder to achieve the full depth thickness of the specified top layer. The resilient finish shall be a matrix of exposed EPDM granules. The homogeneous wearing course shall be applied in situ with the base course. 2. The wear layer shall be constructed in conformance with the alignment, grade, and cross- section of the existing walking trail. C. PROTECTION 1. Cure Time: No traffic or other trades shall be allowed on the surface for a period of 48 hours following completion for ample cure time. 2. Other Trades: It shall be the responsibility of the general contractor to protect the surface from damage by other trades before acceptance by the Owner or his agent. The existing concrete headers abutting the surface shall be protected in place from damage until acceptance by the Owner of his agent. PART 6- INSTALLATION GUARANTEE The surface installation shall be guaranteed against defects in workmanship for a period of five (5) years from the date of completion.This five(5)year guarantee shall be provided directly to the Owner by approved installation company. The labor warranty is one(1)year. The installed pavement guarantee excludes the following as applicable: 1. Where materials or the installation is damaged by others or use of improper equipment. 2. The surface has not been properly maintained according to manufactures maintenance instructions and recommendations. 3. Damage from improper vehicle traffic, other than those specified by manufacture, use of improper tires, and oil or fuel leaks. 4. Failure of the asphalt base, concrete, or aggregate sub base. 5. Defects caused by vandalism, Force Majeure, or natural disasters. 6. Unless other terms and conditions are previously agreed upon by both parties and stipulated in the contract. 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV_04212020 TP-7 Rubber pavement approved installers will repair or replace any proven defective workmanship or material during the guarantee period at no cost to the Owner. This guarantee is in lieu of all other warranties, expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose and shall not include any other damages, either direct or consequential. Please contact approved national installer USSA, Inc. for installation quotations or approved certified installer. phone: 877-288-0045 fax: 949-551-4695 email: info@rubberway.com Web: http://www.rubberway.com END OF SECTION 03/05/2004 Rosemead_Walking_Trail_CSI Multi Layer NON Porous Rubber Pavement Specification_REV_04212020 TP-8 APPENDIX A-VICINITY EXHIBIT DISCLAIMER:VICINTY EXHIBIT IS PROVIDED FOR REFERENCE PURPOSES ONLY. CITY MAKES NO WARRANTIES OF THE ACCURACY OF THESE AS-BUILT PLANS. CONTRACTOR SHALL VERIFY SITE CONDITIONS PRIOR TO BIDDING. • 1 1 re- - -,,'..- 's!,‘,./ r _ an orw►wuu ♦ .111* .. � � r�i� 21.41.1V. + r n ♦ T s. a... / .. / /...) / • • � ' - BS i �. ! ,„ _ ♦ iii_ , i„);,, �° �, vigil ... 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CITY MAKES NO WARRANTIES OF THE ACCURACY OF THESE AS-BUILT PLANS. CONTRACTOR SHALL VERIFY SITE CONDITIONS PRIOR TO BIDDING. MATCH UNE SEE SHEET A-2 a,; I ( . 1 MT Of ROUNIAD , f. I • V fert4: / . . ' iti"/If 1 142.,.. . I ''' 1. ) A - • Ailli 114 // .4414611101Ak • ar jar- • . 'LIMO MAC in 4. 1 • 1 7-7-7.-zz..,------ à!/ /! Jj r 414:.pi r ". ii • ...,,,,, � ,, IP, -,�, „ / 'w#11 #� 1� ItzTEit_ ' f r. is .4 *ilk .66•.•Oant•••••01110111.111116, 7•Mt—_ J. • • 411 , •/. �. • // / " 'WI� ��",, :�. 10 % • I I te : // / / •_. *WI ! ." �/ ' ".l ' ///•/, .. i ilk _ 4 'I • j -A /3 4,74 � i t '� ' ',--,.,, .,. _ .‘, ,` ` J geo t - ) ,_\ \ \* eittillivi,. it ` 11 � _ . A• ROSEMEAD PARK arca...+. 4 A I li *alt 1 iiii PI I, 1 i 41144pr -4 ..'%11111 -. 1.,....,.,.,..,,,,iiiiiii4 _ ,,. L APPROXIMATE PATH ALIGNMENT %+ lf'�i�' - - 1,4I [ SITE PLAN r:rw itN ^ Mr/t - - - - - - -- �J\ A-4 APPENDIX B-SUPPLEMENTAL BID ITEM DESCRIPTIONS SUPPLEMENTAL BID ITEM DESCRIPTIONS Bid Item No. 1: Mobilization, Demobilization, and Miscellaneous Items of Work (Not to Exceed 5% of Bid Items 2 through 8) This Item shall include execution of the contract. This Item shall include all the incidental work items and costs necessary for mobilizing and demobilizing the contract effort, permits, licenses (including City of Rosemead business license),personnel,equipment,materials,etc.;obtaining all necessary bonds and Certificates of Insurance; miscellaneous management and overhead costs; preparation and submission of submittals; provision of horizontal and vertical controls; water pollution control;utilities; sanitation;provision of operation and maintenance manuals,warranties and guarantees; provision of "redlined" as-builts; and any other miscellaneous work costs not classifiable under the other Bid Item numbers. No work shall be started without prior approval of the submittals. Failure to comply with the preceding requirement will be sufficient ground for the Owner to stop all work on the project until the requirements are met. The cost of mobilization and demobilization shall not exceed 5%of the total contract price for this project. Only 60%of the mobilization cost shall be paid to the Contractor following the execution of the Contract for this project and start of construction. The remaining 40% of the mobilization and demobilization price shall be paid to the Contractor upon final completion and acceptance of the work by the City Inspector. Bid Item No.2: Clearing, Grubbing, and Miscellaneous Removals Payment for this Bid Item at the price bid per lump sum shall be made based on the percentage of the total contract work completed as of the date of the progress payment,excluding contract change orders.The total payments shall not exceed the total cost for this Item and shall be considered full compensation for doing all work as specified herein and no additional compensation will be allowed therefor. Bid Item No.3: Work Area Protection (Includes Notification,Fencing, and Security) This Item shall include implementation of traffic control required by the project. Payment for this Bid Item at the price bid per lump sum shall be made based on the percentage of the total contract work completed as of the date of the progress payment,excluding contract change orders. The total payments shall not exceed the total cost for this Item and shall be considered full compensation for doing all work as specified herein and no additional compensation will be allowed therefor. Bid Item No. 4: Demolition,Hauling,and Proper Disposal of Existing Synthetic Surface The approximate assumed thickness of the existing synthetic surface system is one and on-half inches(1-1/2")thick based on the best available information. Payment for this Bid Item at the price bid per lump sum shall be made based on the percentage of the total contract work completed as of the date of the progress payment,excluding contract change orders. The total payments shall not exceed the total cost for this Item and shall be considered full compensation for doing all work as specified herein and no additional compensation will be allowed therefor. Bid Item No. 5: Demolition, Hauling, Proper Disposal, and Reconstruction of Existing Concrete Header Payment for this Bid Item as the square footage price shall be made based on the quantity constructed. The existing concrete header shall be reconstructed in kind per the directions of the City Inspector. Bid Item No. 6: Subbase Preparation Any requisite earthwork and grading required to meet the finished grade shall be included in the price for this Bid Item. Bid Item No. 7: Base Layer Payment for this Bid Item at the cubic yard price shall be made based on the quantity constructed. Bid Item No. 8: Wear Layer Payment for this Bid Item at the cubic yard price shall be made based on the quantity constructed. APPENDIX C-WALKING TRAIL REPLACEMENT DETAIL EX. GRADE 3" 3" 6'-0" 1 i ////////Y//f// /„ WEA; LAYER °° ° ° °° ° ° °° ° 4°4° ° °° ° ° 4° � 1 " EASE LAYER 44 °_ 44 ° 4n° ° 4A . 444 ° 44 ` Li U Q L,_ EX. CONC. SUBBASE W c w � o � \\ _ z cn EX. CO\C. HEADERS Lu WALKING TRAIL REPLACEMENT DETAIL 1- mulholland N 0 T TO SCALE MULHOLLAND CONSULTING, INC. 3200 E. GUASTI RD., SUITE 100, ONTARIO, CA 91761 0 909.654.5563 S E M E O t 9 0 O CIVIC PRIDE -tea-:'1► /NC°"ORArep 1°9 Attachment D Draft Construction Contract DRAFT E Miit --- ------ CIVIC PRID1 -4,,,..„,„,.....„ ........_ ,coRRORATED 1„59 CONSTRUCTION CONTRACT PROJECT NAME (COMPANY NAME) 1. PARTIES AND DATE This Contract is made and entered into this day of , 20 (Effective Date) by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, ("City") and COMPANY NAME with its principal place of business at COMPANY ADDRESS (hereinafter referred to as "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract. 2. RECITALS 2.1 Contractor Contractor desires to perform and assume responsibility for the Project Name by the City on the terms and conditions set forth in this Contract. Contractor represents that it is experienced in providing such work services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project City desires to engage Contractor to render such services described herein as Project ("Project") as set forth in this Contract. 3. TERMS 3.1 Scope of Services and Term 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional construction services necessary for the Project("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Contract, the exhibits attached hereto and Company Name DRAFT Page 2 of 11 incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Contract shall be from Effective Date shown above to Month, Date and Year unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Contract, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Contract if necessary to complete the Services. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Contract. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Contract. Any additional personnel performing the Services under this Contract on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Contractor shall perform the Services expeditiously, within the term of this Contract, and within the schedules timeline. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates the Director of Public Works, Chris Daste, or his designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Project Manager, or his designee, to act as its representative for the performance of this Contract ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Services, using Company Name DRAFT Page 3 of 11 his/her 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 Services under this Contract. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Contract in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License if applicable, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state aind federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA, AQMD requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance: Contractor shall maintain, prior to the beginning of and for the duration of this Contract, insurance coverage as specified in Exhibit B attached to and part of this Contract. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and Company Name DRAFT Page 4 of 11 regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond: If specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Contract, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total Company Name DRAFT Page 5 of 11 compensation is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Contract(including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Contract for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. The total compensation shall not exceed Dollar Amount in Word Format Dollars (Numerical) without advance written approval of City's project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Contract. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement that indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days after receiving such statement, review the statement and pay all approved charges. The payments will be subject to a 5% retention amount, which would be released and paid after all work under the Contract has been satisfactorily completed, and 35 days after a Notice of Completion is filed with the County of Los Angeles. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Contract, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Contract. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Contract. All Company Name DRAFT Page 6 of 11 such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Contract. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Contract for a period of three (3) years from the date of final payment under this Contract. 3.5 General Provisions. 3.5.1 Termination of Contract. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Contract at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Contract except for cause. 3.5.1.2 Effect of Termination. If this Contract is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Contract is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Contract shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Company Name Address City, State, Zip Code Attn: Project Manager's Name Tel: (000) 000-0000 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Chris Daste, Director of Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Company Name DRAFT Page 7 of 11 party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Contract. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers. 3.5.6 Entire Contract. This Contract contains the entire Contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations and understandings. This Contract may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Contract shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Contract. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Contract shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, Company Name DRAFT Page 8 of 11 hypothecate, or transfer, either directly or by operation of law, this Contract or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Contract, the language of this Contract shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Contract. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Contract. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Contract. 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppels, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Contract is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or Company Name DRAFT Page 9 of 11 recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that 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 the Services. 3.5.20 Authority to Enter Contract. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right, and authority to make this Contract and bind each respective Party. 3.5.21 Counterparts. This Contract may be signed in counterparts,each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Contract, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Contract. [SIGNATURES ON NEXT PAGE] Company Name DRAFT Page 10 of 11 CITY OF ROSEMEAD COMPANY NAME By: Gloria Molleda, City Manager Date Signature Date Name: Print Attest: Title: Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary,AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: Rachel Richman, City Clerk Date Name: Title: COMPANY NAME DRAFT EXHIBIT A SCOPE OF CONTRACT SERVICES SEE ATTACHED BID SCHEDULE/PROPOSAL COMPANY NAME DRAFT EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Contract and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for Contractor 's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Excess or Umbrella Liability Insurance. (Over Primary) Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: COMPANY NAME DRAFT • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Builder's risk insurance. Upon commencement of construction and with approval of Agency, Contractor shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the Agency has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be Contractor and Agency, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to Agency. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the Agency. The Agency will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to Agency to ensure adequacy of terms and sublimits and shall be submitted to the Agency prior to commencement of construction. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insurer under such policies COMPANY NAME DRAFT using standard ISO endorsement No. CG 2010. . Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Contract shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Contract. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Contract and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. COMPANY NAME DRAFT 9. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all Contracts with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Contract to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self- insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Contract. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies COMPANY NAME DRAFT providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverage. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this Contract. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this Contract and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Contract. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this Contract. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.