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CC - Item 5D - Storm Water Catch Basin CPS Unit Upgrade Project Project No. 49011 - Award of Contract EM (---- � .„. `~ 9 0 ROSEMEAD CITY COUNCIL \\........._ CIVIC PRIDE STAFF REPORT iorprefp/NCORPORATED 1929 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER k' DATE: MAY 11, 2021 SUBJECT: STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT PROJECT NO. 49011 —AWARD OF CONTRACT SUMMARY As part of the City's Fiscal Year 2019-2020 Capital Improvement Program, the City Council approved the Storm Water Catch Basin CPS Unit Upgrade Project. The project consists of retrofitting two hundred fifty-six (256) storm water catch basins with trash capture devices to prevent infiltration of trash from the stormwater system to the waterways. The project is funded with Safe, Clean Water Program (SCWP) Funds in the amount of$210,000. DISCUSSION A Notice Inviting Bids was published in local newspapers and trade publications on March 18th and March 25th, 2021. Sealed bids were received in the Office of the City Clerk until 10:30 a.m. on Thursday, April 1st, 2021. At 11:00 a.m. on April 1st,2021,the City Clerk publicly opened and read one (1) sealed bid with the following result: Contractor Location Bid Amount United Storm Water,Inc. Industry,CA $182,573.00 Staff conducted a bid analysis and verified California contractor's licensing, Department of Industrial Relations(DIR)registration, state and federal debarment files,and references for United Storm Water, Inc. The bid submitted by United Storm Water, Inc. in the amount of$182,573 is determined to be the lowest responsive bid. The City is required to comply with the Los Angeles River (LAR) Trash Total Maximum Daily Load(TTMDL) 100%trash load reduction,or"zero"trash numeric effluent limitation.A numeric analysis shows that protecting these catch basins with a minimum of five hundred fifty nine (559) Water Board Certified Full Capture Device or System (FCD or FCS) Connector Pipe Screens (CPS),complimented by up to ninety three(93)86%effective Automatic Retracting Screen(ARS) Partial Capture Devices (PCD), would demonstrate greater than 98% trash load reduction by the City and allow implementation of a Trash Alternative Compliance Plan to demonstrate over 99% trash load reduction,full capture equivalency,as defined in the amended 2016 Coastal Los Angeles AGENDA ITEM 5.D City Council Meeting May 11,2021 Page 2 of 3 County Municipal Separate Storm Sewer System (MS4) Permit. The proposed improvements as part of this project will address the requirements of the MS4 permit and will bring the City to compliance. STAFF RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Storm Water Catch Basin CPS Unit Upgrade Project—Project No. 49011; and 2. Authorize the City Manager to enter into a contract with United Storm Water, Inc., for the bid amount of$182,573.00. In addition, authorize an amount of$18,257.30 (10%) as a contingency to cover the cost of unforeseen construction expense, for a total amount of$200,830.30. FINANCIAL IMPACT The approved FY 2019-20 funding for this project consists of $210,000 in Safe, Clean Water Program (SCWP) Funds. ENVIRONMENTAL REVIEW Since the proposed work involves the rehabilitation of an existing public facility, 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. Submitted by: Ahm:d i Acting Public Works Director City Council Meeting May 11,2021 Page 3 of 3 Attachment A: Bid Opening Results Attachment B: United Storm Water, Inc. Bid Proposal Attachment C: Contract Agreement with United Storm Water, Inc. S . E M O / O CIVIC PRIDE itc AtomAO Attachment A Bid Opening Results 5 fl M f MINUTES OF THE BID OPENING NOTICE OF INVITING BIDS- NIB NO. 2021-02 •pts STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT—PROJECT NO.49011 Due Thursday,April 1,2021 at 10:30 a.m. A total of 1 bids were received. Contractor Date/Time Received Bid Amount City 1. United Storm Water, Inc. April 1, 2021 City, CA @ 8:43 a.m. $182,573.00 Submitted By: Ericka Hernandez, City Clerk d5 � M F '4 O ,b, k1 O CIVIC PRIDE t4* ► 4NCOAPOR s9 Attachment B United Storm Water Bid Proposal REQUEST FOR PROPOSAL STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT Project No. 49011 City of Rosemead Public Works Department (Engineering) 8838 E. Valley Blvd. Rosemead, CA 91770 Submitted by Fe� UNITED STORM WATER,INC. Protect/ng Our Water Resources 14000 E. Valley Blvd. City of Industry, CA 91746 Due Date: April 1, 2021 @ 10:30 A.M. 111.. , 14000 L \i ;ilI y 1, 1t, (1 IU i i . ii �: A '.D17 �; 1) I _ I . ), iP/ ), . Li II I i It it I ii J rU Ip/ 1 i, i , +.'.U ! i UNITED STORM WATER,INC. ® Protecting Our Water Resources 4/1/2021 City of Rosemead Public Works Department(Engineering) 8838 E.Valley Blvd. Rosemead, CA 91770 Subject: Project No.49011, Storm Water Catch Basin CPS Unit Upgrade Project To Whom it may concern, United Storm Water, Inc. (United) is pleased to submit the enclosed response to the RFP for Connector Pipe Screen (CPS) installation. United will provide all labor, equipment and materials to fabricate and install approximately(256)full trash capture Connector Pipe Screen (CPS) devices at various storm drain catch basins located in the City of Rosemead. United has vast experience providing the services relative to this request, and our firm and proposal meet or exceed all of the qualifications and requirements of the RFP: Requirements Met ✓ United Storm Water possess an active Class"A"General Engineering Contractor(HAZ,C21, C27, C31, C42), and all other licenses and permits that are required to perform the work in an environmentally conscious,safe, and legal manner. ✓ All bid forms and requested support documentation have been completed and provided with the proposal, and United possesses all of the necessary licenses and permits to begin work immediately. ✓ The work will be warranted by United against defective workmanship and materials for a period of 3 years from the date the work will be completed. ✓ United Storm Water's trash excluder device meets the requirements of and is listed by the Los Angeles Regional Water Quality Control Board (RWQCB)as a"full capture"device. ✓ Drawings of United's CPS device are included. This design is engineer stamped/approved by Los Angeles County. ✓ United's CPS devices will be fabricated from 14-gauge 304-stainless steel per the bid specifications. ✓ United Storm Water possesses the experienced personnel and equipment for completing all work in every detail to the satisfaction of the City, and within the required time frame. ✓ All of United's Field Personnel are confined space entry certified per Cal OSHA regulations. ✓ United Storm Water is a responsible and responsive Bidder. Requirements Exceeded ✓ United fabricates and installs its own CPS product,and will perform 100%of the work without the use of subcontractors. ✓ United has been in business for 21 years,and has been manufacturing and installing CPS devices since 2007(14 years)when they were originally engineered by Los Angeles County. 21 '1(.) 0 '✓ �� II �� riivli� �l ii . l � y I i I . 1 " i I iii ,, i ni • ✓ United's CPS was originally designed for Los Angeles County based on their engineering expertise and can withstand a 100-year storm. They asked for it, and we designed our CPS device to their specifications, producing a sound and reliable product that works. ✓ United fabricates its own CPS devices, and they are custom fitted onsite to every catch basin. Configuration modifications to the submitted drawings are available upon City request. ✓ The Field Supervisors to be assigned to this contract have up to(14)years of experience performing CPS installation. ✓ United Storm Water completes all projects on time and within budget and has NEVER defaulted on any service contract. ✓ Field Personnel are experienced in the installation and maintenance of storm drain devices,and in catch basin cleaning and trash quantification. All Field Personnel undergo yearly refresher courses in the handling of hazardous waste (HAZWOPER), confined space entry and rescue procedures, DOT waste classification and packaging, blood borne pathogens, and in CPR and first aid. ✓ Have a full-time Administrative Staff who are proficient in large scale data entry and data management. ✓ Public agencies can rely on the services of United Storm Water for all regularly scheduled services as well as 24-hour emergency response. ✓ United Storm Water is dedicated to serving the City of Rosemead, and in helping it to meet its environmental responsibilities. Contact Information 1) Individual Authorized to Negotiate Contract 2) Individual to be Contacted for Clarification Eduardo Perry Jr. Lydia Perry President VP of Marketing &Sales 626/961-9326 Tel 626/890-7078 Tel 626/434-6994 Fax 626/434-6418 Fax edperry@unitedpumping.com lydia(a,unitedstormwater.com Please contact Lydia Perry should you require any further information or to schedule an interview as part of the competitive bid process. Thank you for your time and consideration of our proposal! Sincerely, Eduardo Perry Jr. President • 31,• •1 /1 00 V d 1 I y (I . Iii • i . ATTACHMENTS • Contract Bid Forms • Bid Data Forms • Non-Collusion Affidavit • Addenda • CPS Drawing, LA County Stamped/Approved 41 : ;; . • City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 16 of 122 BIDDER: United Storm Water, Inc. • • CITY OF ROSEMEAD STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT PROJECT No. 49011 SECTION 1-BID SCHEDULE CONTRACT BID FORMS • CBF - 1 Addendum 1 Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 4 of 12 BIDDER: United Storm Water, Inc. REVISED BID.SCHEDULE PER ADDENDUM 1 SCHEDULE OF PRICES FOR STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT PROJECT No.49011 NO. ITEM DESCRIPTION UNIT QTY.ST. PRRIC ITEM PICE COST Furnish and install connector pipe screen (CPS) to LACDPW OWNED CATCH BASINS as listed on Appendix II, including flow deflector on top of the CPS 1 unit,and painting of staff gauges on EA 221 $ 733.00 $ 161,993.00 the catch basin wall, and per LACDPW encroachment permit requirements. Contractor will be required to obtain permit from LACDPW, and the bid shall include all applicable permit cost. Furnish and install connector pipe screen (CPS) to CITY OWNED CATCH BASINS as listed on Appendix II, including flow 2 deflector on top of the CPS unit, EA 34 $588.00 $ 19,992.00 and painting of staff gauges on the catch basin wall, and per CITY encroachment permit requirements. City will issue no-fee encroachment permit. Furnish and install connector pipe screen (CPS) to PRIVATELY OWNED CATCH BASIN as listed on Appendix II, including flow deflector on top of the CPS unit, 3 and painting of staff gauges on the EA 1 $588.00 $ 588.00 catch basin wall. Contractor shall coordinate with private property owner to temporarily access to private property to install CPS unit (Temporary Right of Entry) as part of the project. TOTAL BID AMOUNT IN NUMBERS $ 182,573.00 TOTAL BID AMOUNT IN WORDS: one hundred eighty-two thousand five hundred seventy-three dollars and zero cents Revised per Addendum 1: Page 1 of 2 Addendum 1 Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 5 of 12 BIDDER: United Storm Water, Inc. 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. 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 10% Dollars ($ 10% of bid amount ) 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. Revised per Addendum 1: Page 2 of 2 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 18 of 122 BIDDER: United Storm Water, Inc. 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 FORTY(40)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 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. 1 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 -3 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 19 of 122 BIDDER: United Storm Water, Inc. By: 14000 E. Valley Blvd. Signature Business Street Address Eduardo Perry Jr. Industry, CA 91746 Type or Print Name City, State and Zip Code President 626/961-9326 Title Telephone Number Bidder's/Contractor's State of Incorporation: California Partners or Joint Venturers: N/A Bidder's License Number(s): 768583 Department Industrial Relations Registered No. 1000012438 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 -4 h� P,NlTED STOrql/li WATER, Mc. , ,-Prolectiny Our Willer'Resources UNITED STORM WATER, INC. Action by Unanimous Written consent of the Board of Directors • March 12,2020 The undersigned being all the Directors of United Storm Water,lac., a California S Corporation,take the following action by written consent,pursuant so to authorization So to act as contained in the Bylaws of this S Corporation and in Section 307(b)of the California General Corporation Law: ELECTION OF OFFICERS: RESOLVED: That the following persons are hereby reelected to the offices set forth opposite their names until the next annual meeting of the Board Of Directors,or until the election of their successors: Eduardo Perry,Jr, President Daniel C.Perry Chief Financial Officer Robert S. Pina Secretary Daniel C. Perry Vice President AUTHORITY TO CONTRACT: RESOLVED: That the following persons are hereby authorized to enter into,and sign contract and contractual relationships on behalf of.the Corporation Eduardo Perry Jr, President Daniel C. Perry Vice President Robert S. Pina Secretary 14000 F. Valley Blvd.,City of Industry,CA 91746-2801 Office(626)961-9326 fax(626) 434-6994 www.unitedstorrowater.com . ,,,,,„,,s7.,,,,, . EX'\\‘' r f NOTED ED S 11 ORM VVA11 E", Inc. k. 0 ''Protecting Our`Water'Resources DISTRIBUTION: RESOLVED: That this S Corporation is hereby authorized if required to distribute a cash distribution in an amount necessary to cover taxes on the estimated year 2019 net income,to each shareholder in proportion to their individual respective interest as of December 31,2019; and 1EESOLVED FURTHER: That any one or more of the officers of this S Corporation is or arc hereby authorized and directed, on behalf of this S Corporation,to do all things necessary and proper to cause the aforesaid cash distribution to be made by this S Corporation on or before March 31,2020, CORPORATE BANKING: RESOLVED: That the Board of Directors will leave in place a line of credit with Pacific Western Bank in the amount of$500,000 to be used prudently by this S Corporation, from time to time,to meet the S Corporation financial obligations: Said loan shall be evidenced by a note, security agreement and guarantees of the S Corporation and it's officers, upon all of the terms previously reviewed and approved by this Board; and Corporation are hereby ratified and approved,and that said documents shall be placed in the Minutes Book of this S Corporation for future reference. RATIFICATION OF S CORPORATION ACTS: . RESOLVED: That all acts of the officers of this S Corporation,taken on behalf of this S Corporation during the period since the last annual meeting of the Board are confirmed and ratified. UV l 77O 77 r. V \fi,,,,,„ Daniel C. Perry - ---,1-4-,- -__P----- Robert Pina 14000 E. Valley Blvd., City of Industry, CA 91746-2801 Office(626)961-9326 Fax(626)434-6994 ww\v.united.stormwater,com 14000 E.Valley Blvd.,#tB b City of Industry, CA 91746-2801 o Toll Free (877)71-STORM o Fax(626) 961-3166 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 20 of 122 BIDDER: United Storm Water, Inc. SECTION 2 BID DATA FORMS CBF-5 • City of Rosemead.California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 21 of 122 BIDDER: CSBA-17037 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 United Storm Water, Inc. ,as Principal, and Arch Insurance Company , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of Amount Bid DOLLARS ($10% ),being not less than ten percent(10%)ofthe 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 STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT —as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 4/1/2021 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 25th day of March , 2021 United Storm Water, Inc. (SEAL) Arch Insurance Company (SEAL) Principal Sur t. By: By: Signature Signatures Danie uckabay,Attorney-in-Fact Eduardo Perry Jr. , !resident CBF -6 ACKNOWLEDGMENT 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 County of Orange On 03/25/2021 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Daniel Huckabay who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r.-.�_ �__:.'.rte...........-�•,..�r'���( MELISSA ANN VACCARO U WITNESS myhand and official seal. % W < j COMM.Pubh 241394 ^�s�'4•":-, NotaryyPublic-California tr C?'Q ORANGE COUNTY LL 0. My Comm Expires May 12r 2022 Signature ... (Seal) Melissa Ann Vaccaro • Bond No. CSBA-17037 AIC 0000335801 This Power of Attorney limits the acts of diose named herein,and they have no uuthori0'to bind the Company except in the manner and to the extent herein stated. • .Vol valid far Note.Loan,Letter o/'Credit,Currency Rate,Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri,having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Ben Stong,Michael D.Stong and R.Nappi of Riverside,CA(EACH) Arturo Ayala,Daniel Huekabay,Dwight Reilly,Frank Morones and Shaunna Rozelle Ostrom of Orange,CA(EACH) its true and lawful Attorney(s)in-Fact,to make,execute,seal,and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds.undertakings,recognizances and other surety obligations,in the penal sum not exceeding Ninety Million Dollars($90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds,undertakings,recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City,New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10,2020,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED.That the Chairman of the Board,the President,or the Executive Vice President,or any Senior Vice President,of the Surety Business Division,or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Company,and attach the seal of the Company thereto,bonds,undertakings.recognizances and other surety obligations obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors oldie Company on December 10,2020: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary.may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10,2020, and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company.in Testimony Whereof,the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 19°i day of March,2021. Attested and Certified Arch Insurance Company _ f� /te(} uSttrtit3iutYe "1g G7.1% 'l C � Y J jl� 1971 Regan`A.Shulman,Secretary Stephen C.Ruschak,Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Sh€01111 - I,Michele Tripodi,a Notary Public,do hereby certify that Regan A.Shulman and Stephen C.Ruschak personally known to me to be the same persons whose senses are respectively as Secretary and Executive Vice President of the Arch Insurance Company,a Corporation organized and existing under the laws of the State of Missouri,subscribed to the foregoing instrument,appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. cerci itsmtht.L7!pe,PVO UYWA$t1 / / r 10YhtM StAI, ttCflt TFIPtXl,Haunt � Y{/ tic '—'.1/.171 Cy4Pha �t Mich* 'pod',NotaryPublic stFx )1. My commission expires 07/31/2021 CERTIFICATION I. Regan A.Shulman,Secretary of the Arch Insurance Company,do hereby certify that the attached Power of Attorney dated March 19,2021 on behalf of the persons as listed above is a true and correct copy and that the same has been in titlt force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said Stephen C.Ruschak,who executed the Power of Attorney as Executive Vice President,was on the date of execution oldie attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF.l have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this25ttttay of March , 2021 f 1�1 ,g Regafi A.Shulman,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. ,,6,01300 PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: sr • • taf Arch Insurance—Surety Division co 3 Parkway,Suite 1500KcgmE Philadelphia,PA 19102 SE �' 1475 To verify the authenticity of this Power of Attorney,please contact Arch insurance Company at SuretyAuthentic@archinsurance.com Please refer to the above named Attorney-in-Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. ACKNOWLEDGMENT 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 County of Los Angeles On March 29, 2021 before me, Lillian Valdivieso, Notary Public (insert name and title of the officer) personally appeared Eduardo C. Perry, Jr who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/chc/thcy executed the same in his/h^ authorized capacity(ics), and that by his/hcr/thcir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. °er, LILLIANVALDIVIEso m ��+ NotaryPublic-California :47:; Los Angeles County jR�+ Commission Ji 2329332 F° My Comm.Expires May 31,2024 Signature G:�! ,4441, /llV (Seal) — _ _ __ _ _ City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 22 of 122 BIDDER: United Storm Water, 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-7 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 23 of 122 BIDDER: United Storm Water, 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 Name: No Subcontractors 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- 8 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 24 of 122 BIDDER: United Storm Water, 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: City of Monterey Park 1. 320 W. Newmark Ave Monterey Park, CA 91754 Name and Address of Owner Anthony Bendezu; 626/476-6630 Name and telephone number of person familiar with project $24,225 (2020) 7/22/2019 (QTY 51) $32,258 (2021) Fabrication and Installation of Connector Pipe Screens 2/19/2021(QTY 83) Contract amount Type of Work Date Completed City of Redondo Beach 2. 415 Diamond Street Redondo Beach, CA 90217 Name and Address of Owner Saila Potukuchi; 310/318-0661 Name and telephone number of person familiar with project $105,885 Fabrication and Installation of Connector Pipe Screens 2/19/2020 (QTY 234) Contract amount Type of Work Date Completed City of Long Beach 3 411 W. Ocean Blvd., 5th Floor Long Beach, CA 90802 Name and Address of Owner Dillon O'Donohue; 562/570-6596 Name and telephone number of person familiar with project $287,862 (2019) 9/25/2019(QTY 591) $225,000 (2021) Fabrication and Installation of Connector Pipe Screens Ongoing (QTY 500) Contract amount Type of Work Date Completed CBF -9 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 25 of 122 BIDDER: United Storm Water, Inc. City of Ontario 4. 1425 S. Bon View Ave Ontario, CA 91761 Name and Address of Owner Casey Cameron; 909/241-5467 Name and telephone number of person familiar with project $149,261 (2020) 7/15/2020 (QTY 234) $49,116 (2021) Fabrication and Installation of Connector Pipe Screens 2/22/2021 (QTY 83) Contract amount Type of Work Date Completed CBF- 10 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 26 of 122 BIDDER: United Storm Water, Inc. SECTION 3 NON-COLL USIONAFFIDAVIT • • • • • CBF-- 11 City of Rosemead,California Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 27 of 122 BIDDER: United Storm Water, 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. Signature Eduardo Perry Jr. Typed or Printed Name President Title United Storm Water, Inc. Bidder Subscribed and sworn before me This OO-14day of `wee Ch , 20 (Seal) i(.4) Uette (140 Notary Public in and for the State of California +,�� � LILLIAN VALDIVIESO 5 dL� 7 2 Notary Public•California : My Commission Expires: 02Los Angeles County s: Commission#2329332 '41,Fas My Comm.Expires May 31,2024 CBF - 12 Addendum 1 Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 1 of 12 CITY OF ROSEMEAD CALIFORNIA ADDENDUM #1 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS For STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT PROJECT No. 49011 Date Issued: March 28,2021 Addendum 1 Storm Water Catch Basin CPS Unit Upgrade Project,Project No:49011 Document Control Page 2 of 12 Addendum for: STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT PROJECT NO.49011 Addendum No.: 1 Addendum Date: March 28,2021 Issued by: City of Rosemead Reminder 1: Please sign Addenda Acknowledgement on page CBF-3 of Bid Package Section Titled "Contract Bid Forms". Reminder 2: Bid due date is not changed. Bid due date is 10:30 AM,on April 1,2021. This Addendum 1 revises Bid Schedule and Appendix II — List of Catch Basins to include additional information,whether the catch basin is owned by the City,by LACDPW(Los Angeles County Department of Public Works), or privately owned. The total number of catch basins, which will receive CPS units remain unchanged. All catch basins owned by LACDPW will require encroachment permit from LACDPW. For all catch basins owned by LACDPW,Contractor will be required to obtain permit from LACDPW,and the bid shall include all applicable permit cost. For all catch basins owned by the City, City will issue a no-fee encroachment permit.There is also one(1)privately owned catch basin.Contractor shall coordinate with private property owner to temporarily access to private property to install CPS unit(Temporary Right of Entry)as part of the project. See Attachment A-Revised Bid Schedule per Addendum 1.This revised bid schedule breaks down catch basins owned by City,LACDPW and Privately Owned.Addendum 1 revises page CBF-2 of Bid Package with the revised bid schedule per Attachment A. Contractors shall submit this revised bid schedule to be considered responsive. See Attachment B—Revised Appendix II-List of Catch Basins. Attachment: Attachment A-Revised Bid Schedule per Addendum 1 ' Attachment B-Revised Appendix II-List of Catch Basins Addendum 1,Page 1 ce um.a 1 1O61We05S COUNTY �� DEPARTMENT lSPUal1CYlOF70 a?EJECTED II pmWankel se llErrart toem UNITED STORM WATER. 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Prom ring our Hurt frsnurr,s =ARMES OJJN11T D®/a1Maif OFNBuo%MOt9 14000 E Valley Blvd In ACCEPTED City of Industry,CA 9146 pNEYGEr /PJ1® (877) 71 STORM.Fax (626) 961-3166 o RETESTED Ramon Menpvar Ext 243 MEWS R1Em'a®11111E0ewmExrlo DOM 1 E Clrl0.rM=GET.EP lCDSC IIVQ Melts 2E==MOT VE CEPEP4030 Pt.:EMI DE SITectM®LUIF WIRJ41@ I 0 stl8r IE9P8{E Fat 11E CAEClE9 0 Deflector ' =�E aOwlaE]gE KLEMM s°G110 IEArAI (See Detail Sheet 3) OSES itarN3EVEDROCKTPACTOICIf°'gwl` ,if,1mlr nmd po 06-y-14 SS.304 Wedge Anchor 3/9•x 3'(TYV) 1 Pc extension panel •.°•..•.•••••:.,.••:.•.:.:.:.:•:••.b,:••S•:••L•:•••:•:•:•:•:•:•:.•:•:•:•:•:•°:•: 304 Stainless Steel Screen (14)Gauge : •'i Opening Shape(5mm) .-.1101i, :I,Seg Drilling Screw 3/16(Try)or Cres 1x1 1/2 a Angle 14 Gauge :r .i Dome Head Rivets .:I .o L:l . • __ii 1 8•(T I~ z'ggg°°o°�oe^o°ac i:•:•:•: .• i�:�.-.-- �ef� Sag Driving Screw 3116(Typ)or Cres �•• :.:.••i•:••:••i i•i-•�•- Dome Head Bluets i•: r• --Ex.Connector •.•.•.•.4'•.4•••••.•.7....-.40-•- , i4. ;•• !.:.•.•.•. •. 4444••4�•4�•:•:••• :••••.4•.••44•:i•..•:.:.-:44444• , Pipe ::•••••••••••;•••••;•;••....•. •..•••••••.•.•.:.;.•44.:..•.•.•.•.•.•.• SS-304 Wedge Anchor • __!�I•.•.•••.•.•.•••••••••••••••••••••••••••.•.•.•.•••••.•••.•••••••.•.•••••••0. 318'x 3•(2 each)RYP) :• ate•!•:l:�:•:•:!:•:•:•:•:•�•i:•:� ••:•:•:•:•:•:•:•:•:•:•:•:•:•:•• .• • - .4•o�•'i-iV.:••••••••••d•4•:4•Pr.•-•-•-•-•e•-•.!.- ...1 k–3' R.11 :yP) • [•-12"_ 3"-- it , SS 304 Perforated Angle1'x1'•14 Gauge 4 ,•. SSgoS Top View °SSS eA 14 Gauge 1: 14 Gauge United Storm Water Inc. —4P. = 14000 E.Valley Blvd 1 City of Industry.CA 91746 1x 1 Y:'Brake or bent County of Los Angeles. 14 gauge 2of5 02-19-2014 ,Not to Scale , i \ e Gm,o Wes glit1/4A UNITED STORM WATER, Inc. IMMGEIESCOUNIY , Frirrrcriui Our Water n WACORRECTICOSNOTE0 14000 E Valley Blvd _ 0 7101° PERMS IIT MONMENTIO BUIE City of Industry, CA 91746 „ sr .nzm.m,orc. OEM MORO nE NOW=MEM C (877)71-storm. Fax (626)961-3166, NaTON mA1033.O 00.111 72.341 1�V ar �eeemru Ramon Menjivar, Ext 243 ""`r�`h� it MEMOS" —EX.Connector.— � r�.droh oe.os�s+< Pipe 1 a u a - 4 I 4 1 a 3ra a SS304 Wedg3tiro) eyrr d 1r c.0 4 4 mP, 1a Q I a 4 4 d Q a. Z3 eeee11 ls e�eeeeeee�eee�e�e�e�eeeeeee a e�ea ee�e e�de�eeeee.00.044444444400::::::: . 7 . 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Numipir Prnr:i ri xg Our W.lrvr Resources IDSONGEIESCOUNW D WANTMerrOF WBLICWOWO 14000 E Valley Blvd o IMNE DawECTIONNNotm City of Industry,CA 91746 Top of Side Walk C.B. oMEMO (877)71-STORM.Fax(626)961.3166 M.H. OWENS PORPNW neEWNIOEeImeW RamonMenjlvar,Ext243 e� Wfflr•neMEW nim °WA •MR NOME INEWNWENLEUM= IS xraT PEn•69B to DE W WWWW W I. NW=IONGEN UNNWIN NO WNW. Curb Fate m IV LENOXAle 1 RULEONl01MO1rtnPl IEOWNMENTl ACWWW E WADI NA= LOW INDEUBSINE WMPICIWINDNEW WY taan*lAndvh Ger.t ..1 Deflector,se Sheet(2) i E—7----. its 5 mm Opening *See Appendix Screen 14 sage 1 A-1 and CPS sizing Tables 1 &2 r� \fib ' m!I ooBecfor pig Section X-X X N.T.S. • / C.B. TS'CP N `—'Sidewalk Ex.C.B. 300 \ M.H. ," 11.5. /.sue 0., • I *L_A ti', United Storm Water Inc. I1 •� •s•'s•,*.•�•.•�•4 •; •••••••s•.• .•••.•.•,•••• •••••••a.' 14000 E.Valley Blvd 0 e•• es ••••0000:0:444444444444440:44*., City of Industry,CA 91746 I N \ d� County of Los Angeles Gutter Plan N.T.S. L ��"coo Popo. .n 1 X 02-19-2014 4 of 5 `Not to Scale General Wee :...1\ A\ =ANIMUS COATI UNITED STORM WATER. Inc OEPNiMEMOPR10LOWOR0 NO11.111W r,nrf,Tinguur Muer ROOM. O IOXE00PF&OONSO3133 O REtO CAJWA11Q6 o SEJEC E0 14000 E.ValleyBlvd RENEWS N. DES=COMM OF IE II101C1MO Gomm. City of Industry,CA-91746 IPECFLOCOLSO COMIC= TOP Side Walk ca aRPM main"�PEeee FOR TIE 01,301833 vv Ramon Menjivar,Office(877) " SWUM 0o1.4ROw OPPSIOCTOI m NSW: 71-STORM.Ext 243(626)890-7104 WEED EC WW1 OA Face • • mAmtrfandieh 'OetSfi .14 Sheet(2)/ —/-- n 55.304 Wedge Anchor 310'x 3'(2 each)(Typ) Opening r Sheen 14 Gauge I >_ ;a aryl te I ane s Section X-X PP,n'04 Opining mdz semen N.T.S. . NGouge one plea, Vol 1?Perforated Angle tt11W Woe.' m 14 Gauge Mounlh.g Stacked Stoma Breast ( ( ala J I L I SS304 Sell OaWg Spews 119 Total 4 boson Sweet and 2 Top G.RYIG A Rn,) - CC(Mx,) GC(Id* X Detail J(Sh.2t r — NTS - `No. xe.l,ion/I,,ue Cale) �w C.B. - • i United Storm Water Inc. M.H. ( • 14000 E.Valley Blvd Sal. RI Sidewalk Ex.C.B. — City of Industry,CA 91746 q County of Los Angeles See Detail J,St',4;1 e}— •See Appendix A-1 �I• and CPS Sizing Tables 1&2 Gua., 1.....................----. •'Both legs of Deflector Support Bracket -...armor — mustsond taothetoo of ththeof the Mounting �� Also extend at least to the bottom of the Mounting Bracket. 5 of 5 Plan X 02-19-2014 N.T.S Not to Scale LOS ANGELES COUNTY ASSEMBLED REMOVABLE FRONT SCREEN CPS DEPARTMENT OF PUBLIC WORMS eA oCEPTED MAKE"` ECTIOH9NCDED 318°x 3•' SS 304 R,_n, • O REVISE CONCRETE WEDGE ANCHOR(Typ) UNITED STORM WATER,IBC MCA CONCEPT OF In ROAM NO Cdwa OM PUMICE YON TME MOUTONS TNF comscr M a sou.IIFSIO00010 100 TME CDMfCIMEL O 014000005.PROPER WMSTO:ODf NO 14110, TOM NETMOCS YO IoM MILK ALL corm,IW. _'i' MEOUIREMDNS ACCE9UMF NOTA=01100T COES WETTYGTM�TE'EosW �-� _`€) 1 1/2' 0y ZohIE A1oshzay yi,06A6.16 f —1--- / 14GA SS 304 5MM PERFORATED DEFLECTOR s F•xwREr+wc scREEu 11 • See Deflector Detail(Sheet4) , 7 A 1 112" O D -7— D A D 0-11 112"F.---- *L=A 7 WIDE GA / PERFORATED 14GA 5 MM PERFORATED ---a a SIDE PANEL(TYP) •Hg SUPPORT FRAME ANGLE ITYPI #/ J' 1 5 LW WENN*SCREEN To W. I / JJJJD Ill 9 • h 318'X 3' `L=AA+2 B o C SS 304 CONCRETE ANCHOR FRONT REMOVABLE SCREEN (Typ'/ PANEL CAN BE REMOVED / VERTICALLY BY LIFTING HERE 6 ,�' 'HS -- Sea Front Screen Panel Detail(Sheet 3) 7-;1"(TM B I �" " ` 0,- ..,1.. 3M 14— A 'TYPI 'L=A+B 1 F�A- • SS 304 2'X 2' BOTTOM TRIMMED TO COMFORM I r- • 14 GA 5MM TO IRREGULAR CATCH BASIN ) *SEE APPENDIX A-1 AND PERFORATED ANGLE FLOOR SURFACE 1 (Typ) APPENDIX B CPS SIZING • (Typ) . TABLES 1&2 ! #12x12'SELFTAPPING ) 304SS TECH SCREWS ■ (SECURES 2'X 2'ANGLE TO SUPPORT LEG 8 SIDE PANEL) NOTE:#12 X 112'SS304 TECH SCREWS SECURE ALL PIECES TO FRAME. - A _ _ • CONNECTOR PIPE SCREEN FRAME&DEFLECTOR(CPS) &% UNITED STORM WATER,Inc. •llJ,k.10:0:'!'i{'dro::ux,.. • LOS ELES reu14GA5MM PERFORATED 11/2" D®n 0'nc 0R ACT SS 304 TOP DEFLECTOR 0 AIME CORRECTIONS NOIEZI O REVISE CALCULATIONS ❑REJECTED • 0000000000000 RfiNEW 6 PEPfOD1Ep T'l1E 06N0°FMTO D61b2 IME CONROMO0E1 MACE CO WINO 00000000000000 DO DEC.MOM , Gf Md CO. 0000.Do 318'X3' 7 vuacE wm TM a=ecommoxs ixE COxTRIGICR 0 SOW REOCOOOLE EOR TME COMECTRES°CO oa°0°D°0 SS304 WEDGE ANCHORS(TYP) 004.50'PROPER G0.vl'"1TOM°'D MON.. Doo MI YSTh00;Nq iW f1EJ01D•ONJ.COniMCN.E J1, MOUTflLMR ACCEDDSCE MUTED REPEOM 12'xRELEVEIIECWRUCIORCf10E5E0. 14GA12'5 X1MM1PERFORATED Of Z°^Id 4'0oSoor OA IP Os.00-Ts • 1 1l2• 0 °°°°000000000°00°0°0000 0000000000000000 0 oANGLE ° 0D o ° o0oo0Do0000� T000°.0°0. �fI I 1 1/Zn 10•WIDE // 14GA5MM #12X112' PERFORATED STAINLESS STEEL SIDE PANEL(TYP) • SELF TAPPING SCREW(TYP) (IF NEEDED) x.11 1/2° , Il/ 3!8'x 3' °c °o SS-304 0 r 0 o ° CONCRETE 01A:70 WEDGE 000°c000 ANCHORS(TYP) TX2'14GA PERFORATED °°OO 304ESANGLE (TYP) --, 00°0° ° ° C (FRONT SCREEN SUPPORT) 0o a° 000 TIO° 0000 000 ooaaao 000 oo iT 0�- 000000COW• 0000' 0000 00 —; , SS 304 c E DDDD ir 000 0 CONCRETE ° 00 -.4000 0000 WEDGE. 000 W2uo0°0 ~'---� ANCHORS(TYP) Lt. 0. 00°00 -s .0,..r-----------74.,...N1 —r p lAiir 3 gyp) °IT , 4I 1 — / ._0000.00000 1 I 1/ OOODO00DOODD 12,J / \\ *SEE APPENDIX A-1 AND I \—#12 X 112" APPENDIX B CPS SIZING SS 304 STAINLESS STEEL TABLES 16-2 PERFORATED ANGLE 2'X 2' SELF TAPPING SCREW 14 GA(TYP) (TYP) REMOVABLE FRONT CPS SCREEN PANEL WITH SUPPORT BRACING .e 't'''._''''71 um.TED STORM WATER, 9 14:. 'Nimpoer-boimiiS1 Oa,Vara',U>Pi'o' 0 ° 1'x1112'SS304 ' o Perforated Angle 14GA ° 1°x 1 112'x 314 x 14GA SS304 Brake or Bent 'Hs ° —7 �41111111101. ° SS304 1'X1 112' Perforated Angle 14 Guage(Typ) ° '• LOS ANGELES COUNTY DEPARTMENT OFPUBUC WORKS ((`{Ql ID ACCEPTED i 0 0 ❑MANE CORRECTIONS NOTED 0 REVISE CALCUTATIONS . ❑REJECTED REYDENIS PERFORMED BO TIE DEPARTRENTTO CHORD ' THE CONTRACTORS GENERAL CONPORMW CE NEIN TIE O DESIGN CONCEPT OPP THE PROJECT NO GENTRY.COAL PLUNCE NiWN THE SPECIFICATIONS TIE CONTRACTOR LS 50111.0 RESPONSIBLE FOR TIE CORRECTNESS OP 0 0 0000• 0 O••000 O0O1131EN0CXI0.ON S.PROPER CONSTRUCTON YD W5b0*. TON AtENOOS AND FOR REJOINS ALL CDGRACTWL 1'X1112'55304 OO °vmaDooiOOO DOEACCEPTANCE INDICATED HEREON DOS NOT=EVECOMPACTOR OPi0. Perforated Angle 14GA oo•.o°soooo 14GA5MM 0o•••Oqq�� ST Zahid AWshxay OWE06.06.16 000. 000 304 Stainless Steel o 0 00.•0 °000000 Screen Perforations 0••0 0000o O 0 •0 oo00 •o• 0°0°000 0 0.'.000000 . 0 ,,' ° *SEE APPENDIX A-1 AND APPENDIX B CPS SIZING ° TABLES 1 8 2 0 A LOS ANGELES COUNTY f / \ OEPAREMF PUBLIC WOWS 61 O MAKE CORRECTIONS NOT6O , vitklk%1 O HEMS ECALCUTA710N8 i REVIEW C PERFORM®VIDE OEPMl1.ENr10 ENURE MT- i ME COMPACTORS WPM.CONFORM/OE,M ME — EX. Connector DESIGN C0t OF PROJECT� "M= UNITED STORM WATER, Inc. PWNCE NIM ME ROLE FOR PONE.THEFEWNESS CP Pipe O ZNSIO .PROPER C Eei TME N NCI N P a. OOENSIOMP.PROPER CFILFIL INCA CO PACILML TOMNEMENTS A CE ANCPLIN6 CATO IMRWl Frurrctilt OM V1/2/ter frsocnres COES NOT M].ACCEPTANCE ITOROF' SEWN OOEP NOT RElEy6TN6 COIn11AC701i�1lIEEEOOLL OAE101ES Py Zahltl Alashzay mi 06.06.16 nn cl Z1 < SS-304 Wedge Anchor Q I Si 1 a 3/8"x 3"(TYp) 72"C-C ....?i":1'- 4 ` �1 ,-)-•:,-L,_,..,-_,'� •:r- .a`�'?-,J'+ +-c� - Wil"•-+ -r*{'t�l-'N,.i• _r}'•• -�•t-� ^rr ''t` ,.j....� ,`�) e,-,_,-,,,,,-,-, _'fit-,.'-'-c.,_,-•'r,..(,- •, ,y Q"1--' ;}--e-')- ---.-_-:-(1"-:-. -•-""—}-r. )- —C-'1-`1-:`I _ t-l�- -`F, r r- '4,.. 'l ",moi -- jt '.'( „.JJ..r �-,�'t.:-+`:fir, . rk..:_1.....,,,,,, ,,,,,,_,..,-...,-,2_,..-c-_,-_,,-- m ...-(.;.1"` --<,"�,- 'r r� "".✓y{i.2[�. kiY'.��''� ri',-C�`rl-. 7`.J -` .-!''?'l- `�” '"{- ' '":27', 7^t ("' ?. ' "' �;1 -fir^ ...('O-u .4,7) ..' .' '-`-L'-�_r`7"'-'- � `+.'t- s,--,. .---,--,,-- .:r`r- .`.,-r.- ,-- ,-,:rtX'.., !._Y.: _,- -i:.-ti Vit- .:- r-`-� Z, u-t A� ee Detail J,Sh.5 CPS unit Front Screen 4 4 304 SS 14 Gauge 5MM Q 4 1"x1 1/2"Angle 14 Gauge SS 304 Perforated Screen Opening Screen ' Deflector Support Bracket 5 mm Opening 14 Gauge /_ (TYP) 1 4 Q 1 4 4 " " 4 A _ . * L= A+2B Deflector Detail * SEE APPENDIX A-1 AND Plain View (Sheet 1) APPETAIXDCPS2IZINO TABLES 182 N.T.S. • Top of Side Walk C.B. M.N. 1 , :...1 1-.1 . VIA . ...1, r Cuto Face • ..• 1 Deflector. ---- ------, I Sheet(2)j- UNITED STORM WATER. Inc. Nimper Proreains Our I lirrt•I Erxourt rt -..li I ' } SS-304 Wedge Anchor • •H5 5 nun —..- 3/8"x 3''(2 each)(Typ) . . Opening I • Screen Gauge --'---LI:.;_--..'..:7----r---- 1---------..-. '••••.•-., ------... ---_ ...• . - ccnn, -•---_._.. .- .--. LMJ ----,. .--....„...,....... ..„,.e. 7 . . SS 304.Sawn Opening Section X-X .-_. • Perforated.7-Screen .N.T.S. "-----..._,I I 14 Gauge one piece • , ..s.,:.2' ret 17 Perforated Angle I --- rx 110()deckle' la Gauge Mounting Bracket Support Bracket co -J-• .`,. II • .---1H_L -----__ Jri,-1_ r •, r, =— I SS.304 Self Drilling So eWS I 1 I \ 3)16 Total 4 bottom Bracket and 2 Top .._ 7 ram r gm -..- CC(Mae) CC(Mao) -'-----._ __---- X Detail J I- - NTS LOS ANGELES COUNTY DEPARTMENT OF PUEUCDICIFITOI ID ACCEPTED 13 MAKE CORFlECTIONS NOTED 0 REVISE CALCULATIONS 0 REJECTED I . ; . •.. ' i .. . • UMW IS PEDORIED DIM DEPAINDir TO Mai 1NE COMNAMIXI5 GENEP.4.C0100.11NCE%Wine DESIGN CONCEPT CA'DE PRD.ECT/AD Colon).COD. ININICE MN TIE MUM/MOM WC C MAKI= IS NOISY REVONSISLE RP THE COIREGINES3 OP INKNEtONS.PROPER ONSTRUCTON RC lintel.,.- TON PEDf Des.MO FOR MALMO AL CONTIVOTUN. RV:MENEM WEPT/ALE MUTED HEREON • DOES NOT MUM THE=MAC=OF OEM DOLL CAD= "... Fe Zan'd Mantua), wrilEli. .--— •Otnectar • •• ,... ../ See Vaneit2t Sidewalk • Ex.C.B. -_____... - *SEE APPENDIX A-1 AND - 'L=A+B .• APPENDIX 13 CPS SIZING TABLES 1 62 • A --- See Detail J—I e 1 :EEF.E:::-.EEEEE;;E:-EEEEEEEEEEE7-"EEF.:EEEE. : b- I . . . , : ' •, .. .I ••Both legs of Deflector Support Bracket E.Connecter • . must extend to the top of the Deflector and L.•pe—,..., •___ , Also extend at least to the bottom of the Mounting , Bracket. Plan X N.T.S S E M l 0., 1 4 &C) CIVIC PRIDE 111M:.7 �N00APORAISO q90 Attachment C Contract Agreement /17*M F � CIVIC PRIDE 4tbAPORATED,*9 CONSTRUCTION CONTRACT STORM WATER CATCH BASIN CPS UNIT UPGRADE PROJECT (UNITED STORM WATER, INC.) 1. PARTIES AND DATE This Contract is made and entered into this 11th day of May, 2021 (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 United Storm Water, Inc. with its principal place of business at 14000 E. Valley Blvd., Industry, CA 91746 (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 Storm Water Catch Basin Cps Unit Upgrade 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 United Storm Water, Inc. 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 December 31, 2021 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 tothe 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 Mr. Eduardo Perry Jr., 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 United Storm Water, Inc. 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 United Storm Water, Inc. 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 United Storm Water, Inc. 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 I I 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 One Hundred Eighty Two Thousand Five Hundred Seventy Three Dollars ($182,573.00)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 United Storm Water, Inc. Page 6 of 11 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 tothose 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: United Storm Water, Inc. 14000 E. Valley Blvd. Industry, CA 91746 Attn: Mr. Eduardo Perry Jr. Tel: (626) 961-9326 CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Gloria Molleda, City Manager 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. United Storm Water, Inc. 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 United Storm Water, Inc. 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 United Storm Water, Inc. 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] United Storm Water, Inc. Page 10 of 11 CITY OF ROSEMEAD UNITED STORM WATER, INC. 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 Attorney 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 orinsured 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 orloss 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.